TERMS AND CONDITIONS
Last update: 05/02/2021 (DD/MM/YY)
The present document (TERMS AND CONDITIONS) shall govern the sale and purchase of products through the website www.gc-fintech.com, a website operated by the economic agent (sole proprietorhip) registered with the following VAT identification number (Numero Parita IVA) 01356000321. In this document and on our website GC Fintech does refer to the economic agent registered with the following VAT identification number - Numero partita IVA: 01356000321. The website and this document is currently available in English language only.
Terms of sale
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions: (a)“we” means GC Fintech which refers to/identifies the economic agent registered with the following VAT identification number - NUMERO PARTITA IVA: 01356000321 ; and (b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.3 .
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout. If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, and confirm your order and your consent to the terms of this document; you will enter your payment details; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Either (a) on the checkout page or (b) upon our email request you will have to give us a MetaTrader 5 account number to which our trading indicators (our main products) will be coded.
4.1 The following types of products are or may be available on our website from time to time: NEYA (Consultancy & .ex5 File) = Consultancy + MT5 Indicator coding (.ex5 file personalization). We do provide consultancy for the setup and use of this indicator on the MetaTrader 5 platform. Indicators are .ex5 files compatible with the MetaTrader 5 trading platform.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 All products listed on our website are not regulated by any regulatory body. The products are not investment or financial products and we do not provide investment or financial advice. Indicators are .ex5 files you may use on your MetaTrader 5 trading platform to operate in the financial markets.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT (IVA inclusa).
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge (for physical products) , which will be notified to you before the contract of sale comes into force.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 5 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 50.00 excluding VAT; and (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (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 6.4.
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7.
7.2 We will arrange for the physical products you purchase to be delivered to the address you specify during the checkout process. We will arrange for the digital products (i.e. digital files like .ex5 files in the case of trading indicators) you purchase to be delivered to the email address you specify during the checkout process.
7.3 We will use reasonable endeavours to email your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date. For products where we require further information from you to complete your order we will email you within 7 days of your order date to your email address from your order.
7.4 We do guarantee that unless there are exceptional circumstances all products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
7.5 We will deliver purchased digital goods (i.e. indicators) to residents from all of the world. We will only deliver physical products only to addresses in Italy. For physical goods purchases made from UE/extra UE residents please contact us before purchase.
Distance contracts: cancellation right
8.1 This Section 8 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.
8.2 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 (without giving any reason for your withdrawal or cancellation) at any time within the period: (a) beginning upon the submission of your offer; and (b) ending at the end of 30 days after the day on which the order was confirmed by us.
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, 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 form that we will make available to you. 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. The cancellation period is up to 30 days after the order date.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (email: email@example.com) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products. By returning the products you confirm you will no longer use the products returned in any way.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except: (a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and (b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 30 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back.
8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to: (a) DVDs, CDs and other audio or video or audio-visual recordings if opened or you have accessed any of the material, such as our online educational services; (b) the supply of goods which are liable to deteriorate or expire rapidly or digital goods which have been coded to your trading account such as our indicators and expert advisors; or (c) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised.
Warranties and representations
9.1 You warrant and represent to us that: (a) you are legally capable of entering into binding contracts; (b) you have full authority, power and capacity to agree to these terms and conditions; (c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and (d) you will be able to take delivery of the products in accordance with these terms and conditions.
9.2 We warrant to you that: (a) we have the right to sell the products that you buy; (b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; (c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; (d) the products you buy will correspond to any description published on our website; and (e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will: (a) limit or exclude your liability for death or personal injury resulting from your 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.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions: (a) are subject to Section 10.1; 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.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of: (a) the total amount paid and payable to us under the contract.
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: (a) you fail to pay, on time and in full, any amount due to us under that contract; or (b) you commit any material breach of that contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11: (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and (c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1 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.
15.2 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.
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17.1 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.
17.2 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.
Third party rights
18.1 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.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1 Subject to Section 10.1, these terms and conditions, together with our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with Italian law.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Italy.
Statutory and regulatory disclosures
21.1 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
21.2 These terms and conditions are available in the English language only.
21.3 Our VAT NUMBER (NUMERO PARTITA IVA) is 01356000321.
22.1 This website is owned and operated by the economic agent registered with the following VAT identification number (numero parita IVA): 01356000321. This economic agent is referred to/identified on the website and in this document with the name GC Fintech.
22.2 We are registered in Italy under registration number P.IVA: 01356000321.
22.3 You can contact us: (a) using our website contact form;(b) by telephone +39 040 977 85 88 (fees may apply according to your phone service provider) , or on the contact number published on our website from time to time; or (c) by email, using the email address firstname.lastname@example.org .
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply to all of our customers, irrespective of their geographical location.
1.4 This policy shall apply to all orders submitted through our website.
1.5 This document does not affect any statutory rights you may have as a consumer.
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:(a) we receive the refund request within 30 days of the order date;(b) returned product within 14 days following the date of dispatch of the product to you; (c) the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new; (d) the returned product has not been coded to your trading account nor has the material been accessed in any way, this applies to all of our indicators, expert advisors and education courses; (e) you comply with the procedure set out in this policy in relation to the return of the product; and (f) none of the exclusions set out in this policy apply.
3. Returns procedure
3.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
3.2 Products returned under this policy must be sent by any courier service or post to the adress we’ll provide you after contacting us on the following email adress: email@example.com . Products sent by email, must be returned to the email address: firstname.lastname@example.org .
3.3 You will be responsible for paying postage costs associated with returns under this policy.
4.1 The following types of product may not be returned under this policy: (a) DVDs, CDs and other audio or video or audio-visual recordings if opened or you have viewed any of the material, such as our online training programmes; (b) computer software (including our indicators and expert advisors); (c) any product personalized or customized to your trading account.
5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will not refund to you the original delivery charges relating to the returned product.
5.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.4 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6. Improper returns
6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product: (a) we will not refund the purchase price or exchange the product; (b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and (c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
7. Our details
7.1 This website is owned and operated by the economic agents registered with the followsing VAT identification number (Numero Partita IVA): 01356000321, this economic agent is referred to/identified on the website and in this document with the name GC Fintech.
7.3 You can contact us: (a) by post, using the postal address given above; (b) using our website contact form; (c) by telephone, on the contact number published on our website from time to time (+39 040 977 85 88); or (d) by email, using [the email address published on our website from time to time.
We retain your personal information for seven years from the point of purchasing a product or service from us, or two years from the point of last communication. We take steps to ensure any business we work with has security protocols and policies in place to manage and record your data privacy and preferences correctly and that your data is stored securely. The security of your data is paramount. Documentation can be supplied on request from our Data Protection Officer, details of whom can be found below.
GC Fintech reserves the right to update or amend this data privacy notice in line with customer feedback or updates in legislation and it will be published at our website.
Data Protection Officer
Name: GC Fintech (P.IVA 01356000321)
If we are unable to resolve any issues you raise within 30 days you have the right to complain to the competent authorities.
Explaining Cookies on our website
When you visit our website, we issue a “cookie” file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information. Cookies enable us to: improve the use of our website; to recognise your computer; to store settings to help facilitate your use of our website; and to deliver a better and more personalised service.
If your computer is configured to accept cookies we will be able to provide time saving functionality such as the ability to pre-fill the enquiry forms with your details, thus preventing the need to re-input them each time you need to contact us.
To enable the delivery of functionality that improves the ease and speed of using the website (see above).
To enable us to track the relative popularity of disparate parts of our website. This in turn enables us to concentrate our efforts on developing those parts of the website that are generating the greatest consumer demand.
Third Party Cookies
We also use third party cookies on our Website for various purposes, examples detailed below:
This is a tool that we use to better understand how people are using our website. It is also used by Google to better understand the performance of its own websites. What information are they tracking? The Google Analytics cookie enables our website to recognise you if you visit again – as well as information about the pages you visit; when you visit; how long you visit our website; the IP address and what site you were looking at before arriving at our site (the referring URL). See more information on Google Analytics Cookies.
We also use Google to provide services such as Google Maps.
For further information on cookies or for details on how to delete them or refuse their installation on your computer, please visit the technical sites about this topic.
What is an Indicator/Expert Advisor?
1. Indicators and expert advisors, are programs that run on MetaTrader 4 and MetaTrader 5 platforms. They are used monitor and trade the financial markets using algorithms. They find opportunities according to the parameters you set, then either notify you or open a position. Once your position is open, an EA can add close conditions including stops, and pending orders.
You could for example, use an EA to monitor a few key markets. It would alert you on potential opportunities to profit. Equally, you could let it loose on the markets completely inputting your settings to allow the EA to open multiple positions each day with little input.
2. How Do Expert Advisors Work?
EAs work by enabling you to set the parameters by which opportunities are found, and positions are opened and closed. Essentially, you are using a set of YES/NO rules to trigger trading decisions. By combing lots of YES/NO rules into a complex mathematical mode, INDs and EAs can execute sophisticated trading strategies, using computational power to make decisions, and act on them, almost instantly.
3. Who is Responsible for My Indicator/Expert Advisor?
When purchasing an indicator/expert advisor you as the customer are solely responsible for the inputs of the indicator/expert advisor. You are also solely responsible for the decision to turn it on and off, and what instrument you trade. You must always make sure you are monitoring the risk of your account as you are always in charge of closing out of trades you do not wish to be in. When you purchase an Indicator or Expert advisors you receive a set of default inputs. Please remember past performance is not a guide to future returns and that investments can go up and down in value, so you could get back less than you put in. Using an expert advisor is at your full discretion of what inputs you use, what instrument you use it on and how you use it. Purchasing an indicator on our site should be regarded as a purchase of the underlying code that can be used on the MetaTrader 5 platform at your own discretion.
1. By agreeing to these terms and conditions you confirm that you are aware of the risk’s posed by purchasing products or training on our website. GC Fintech referred to as “The Company” refers to the economic agent registered with the following VAT identification number (numero partita IVA 01356000321).
The full risk disclosure is outlined below:
2. Loss of Capital
Please remember past performance is not a guide to future returns and that investments can go up and down in value, so you could get back less than you put in. Spread bets and CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how spread bets and CFDs work, and whether you can afford to take the high risk of losing your money. Past performance is no guarantee of future results. You should not invest more money than you can afford to lose without altering your standard of living.
GC Fintech does not give investment advice or provide recommendations on how to use our products or investing.
4. Past Performance
Past performance is not a reliable indicator of future results. You should not rely on any past performance as a guarantee of future performance.
None of the GC Fintech products are regulated nor covered by any financial authority. We are not providing financial services.
The information and services provided on the website are not provided to, and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where GC Fintech is not authorised to provide such information or services. Some products and training services described on the website may not be available in all jurisdictions or to all clients.
We do not offer any guarantees regarding financial performance for any of our products or training. The list of risk factors does not necessarily outline all possible risks involved. Before purchasing, the customer should read the product terms and conditions in their entirety and consult with their own advisors before deciding whether to invest. If you are unsure about any aspect of the information provided by the company, you should seek advice from an independent financial adviser.
8. Limitation of Liability
It is hereby clarified that the Company, its managers, employees, shareholders and any entity on its behalf, do not claim to advise any person with regards to whether or not the purchase, sale, hold or investment in any product(s) worthwhile. Therefore, the information appearing in any notices, data or other materials appearing therein shall not be viewed as a recommendation or opinion on the subject, and any person making a decision based on the information is doing so at their own risk. By purchasing this product you proclaim that nothing in the information can replace advice which takes into account his/her personal information and needs and/or any other person’s, and that investments can lead to losses.
The customer is solely responsible for all transactions performed by him/her and/or whilst using the product. By purchasing this product you declare that you have former knowledge of trading, is in a reasonably strong financial condition and can consider his/her trading actions and the risks involved before executing any trade.
9. Indemnification and Waiver of Responsibility
The customer waves all claims against GC Fintech and its delegates of any harm or loss, if suffered, regarding the use of any product, training and any other action or service provided by the company or third party, including agreements and pay made by the company. GC Fintech does not give advice to any trading action or non-action, and any tax consequences. The Company may provide or publish general market information. By doing so, the Company gives no representation, warranty or guarantee as to their accuracy or completeness or as to the trading and/or tax consequences of any trade.
In the event the Company may provide information to the customer, the Company shall not be responsible for the profitability of such information. The customer acknowledges that the Company shall not be liable for any losses, costs, expenses or damages suffered by the customer arising from any inaccuracy or mistake in any information given.