Last update 24th April 2024
1.1 This Agreement governs the contractual relationship between Riverna, a company incorporated and registered under the company registration number 729047 and having tis registered address at Century House, Harold’s Cross Road, Dublin, D6W P993, Ireland, and trading as TradeLocker (hereinafter referred to as the “Company” or “TradeLocker”) AND the End-User.
1.2 Please read carefully and understand the terms and conditions (hereinafter, “Terms” or “Agreement”) before continuing with the TradeLocker platform features. This Agreement sets out the terms and conditions on which the Company will provide its services to you.
2.1 “End-User” means you, the counterparty of the Company which has agreed to the present Terms and has entered into this agreement with the Company.
2.2 “Intellectual Property” (or “Intellectual Property Rights”) means all rights, title and interest in or relating to intellectual property, whether protected, created or arising under the Laws of the European Union or any other foreign jurisdiction, including all: (i) patent applications (along with all patents issuing thereon) and issued patents, invention disclosures, certificates of invention and statutory invention registrations; (ii) reissues, renewals, extensions, substitutions, continuations, continuations-in-part and divisions, all results of oppositions, reexaminations, supplemental examinations, supplementary protection certificates, and other review procedures (including ex parte reexamination, inter partes review, and post grant review), including without limitation with respect to rights to claim priority concerning (i) and (ii) (“Patent Rights”); (iii) know-how; (iv) trademarks, service marks, names, corporate names, trade names, certification marks, service names, brand names, brand marks, trade dress rights, trade styles, slogans, identifying symbols, logos, emblems, monograms and signs or insignia, and other similar designations of source or origin and all applications and registrations therefor and all reissues, extensions and renewals of any of the foregoing, together with the goodwill symbolized by any of the foregoing (“Trademarks”); (v) internet domain names; (vi) works of authorship, copyrights, database and design rights, whether or not registered, published or unpublished, and registrations and applications therefor along with all reversions, renewals and extensions thereof (“Copyrights”); (vii) software, data and databases (“Software”); and (viii) all rights in and to all income, royalties, damages and payments previously, now or hereafter due or payable, including without limitation all claims, causes of action, rights of recovery and rights of set-off of any kind against any Person, as well as the right to recover for past, present and future infringement against any Person, in each case with respect to the foregoing (i) through (vii);
2.3 “TradeLocker Platform” refers to the online platform and its components including, without limitation, the underlying software, updates, upgrades, revisions, modifications, additions, new versions and related subsystems, documentation thereof, parts, services, API, databases, the Program Interface, web interface and functionality, network protocols in place, the Trading Terminal and the charting and analytical tools therein, developed and distributed by, and copyright of, the Licensor, available through https://tradelocker.com/
2.4 “Trading Terminal” refers a trading platform’s component that allows the End-User to access the FOREX, securities, commodities or otherwise financial markets, whether regulated or not, providing the respective connections amongst brokers and liquidity providers, by means of the Licensee’s engaged services in connection with the trading related functionalities.
3.1 TradeLocker is a brand which provides the TradeLocker Platform, including, without limitation, Trading Terminal and the pertinent analytical tools available therein.
3.2 However, through this portal, TradeLocker makes available to the End-User only a demo account which offers a simulation environment for trading strategies, allowing users to familiarize themselves with the trading platform without financial risk.
3.3 The Demo account is designed for educational purposes only. It simulates trading conditions without the use of real money. As such, it should not be considered indicative of real trading outcomes.
3.4 On this note, TradeLocker does not provide any financial, investment, brokerage or trading services, nor is it involved and/or interfere in any way in any trading operations, nor does it open or control real trading accounts. None of the information available in the TradeLocker platform is intended as investment advice.
3.5 End-Users should seek independent financial advice before engaging in real trading.
3.6 Before using this application for trading, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. TradeLocker is not responsible for any investment decision You have taken.
4.1 The Trading Platform is not intended for distribution to, or use by, any person:
4.1.1 who is under the age of 18 years old or is not of legal competence or of sound mind
4.1.2 who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where CFD trading activity or other such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject;
4.2 Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to or the use of the Trading Platform to anyone.
5.1 You agree to fully indemnify, hold harmless and defend Tradelocker, its affiliates and Tradelockers’ employees from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgements, costs and expenses, including but not limited to reasonable attorneys’ fees and costs, whether or not involving a third party claim, which arise out of or relate to (a) violation or breach of any term, obligation, representation, warranty or duty contained in this agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of a third party, or (c) use or misuse of the product or tradelockers’ software, or (d) communication spread by means of the product or tradelockers’ software.
5.2 You acknowledge and agree that Tradelocker, its affiliates, and employees will have no liability for any possible consequences arising out of your use of Tradelockers’ software, as set forth below. Your only right or remedy with respect to any problems or dissatisfaction with Tradelockers’ software is to immediately uninstall and discontinue its use.
5.3 In no event shall Tradelocker, its affiliates, and employees be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for:
5.3.1 any direct, indirect, incidental, special, punitive or consequential damages (including without limitation any loss or corruption of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the product and Tradelockers’ software;
5.3.2 any loss of income, business or profits (whether direct or indirect), arising out of the use or inability to use the product and Tradelockers’ software;
5.3.3 Any loss or damage arising out of or in connection with:
5.4 The limitations on Tradelockers’ liability as specified in paragraph 5.3 above shall apply whether or not such losses or damages were foreseeable.
5.5 To the extent not prohibited by law, in no event shall Tradelocker be liable for personal injury, death, incidental or consequential damages however caused regardless of the theory of liability (contract, tort or otherwise).
5.6 Some jurisdictions do not allow some of the exclusions or limitations as set forth above, so the above exclusions or limitations may not apply to You. In such cases the liability shall be limited to the maximum extent permitted by the applicable law.
6.1 You agree that Tradelocker has made no express warranties regarding the product and Tradelockers software which are being provided “as is” without warranty of any kind; Tradelocker hereby disclaims all warranties, conditions or representations with respect to the product and tradelockers software whether express, implied or statutory, including, but not limited to, any warranties or conditions of quality, performance, non-infringement, merchantability or of fitness for a particular purpose. Tradelocker further does not represent or warrant that tradelockers’ software will always be available and accessible, that its operation will be uninterrupted, timely, secure and error-free or that any communication will be complete and accurate. Nor does Tradelocker warrant any connection to or transmission of data from the internet, made through the tradelockers’ software.
6.2 You acknowledge and agree that You assume any and all risks arising out of the use of the Product and Tradelocker Software, to the maximum extent permitted by law.
6.3 You understand and agree that TradeLocker is a software development company and does not provide or offer any kind of financial, investment, brokerage, trading and data feed services in any local or international currency or stock market.
6.4 Neither the information, nor any opinion, trading tools or services contained in this product constitute a solicitation or offer by TradeLocker or its affiliates to offer or sell any financial instruments. Nor shall any such financial instruments be offered or sold to any person in any jurisdiction in which such activity or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on the information contained in this product are at your sole responsibility.
6.5 Transitioning from a Demo Account to a live trading account involves engaging with a broker. Live trading is subject to the terms and conditions of the selected broker. For End-Users opting for live trading, the broker’s terms and conditions shall prevail and be agreed to. Live trading involves significant risk and can result in substantial losses. Users should only trade with funds they can afford to lose and consider their financial position and risk tolerance.
7.1 The One Click Trading feature for order submission is a one-step process and is offered on the TradeLocker Platform.
7.2 If the End-User clicks the checkbox activating the One Click Trading feature, it allows End-Users to submit ask (buy) or bid (sell) orders on the One Click Trading panel of a chart with a single click, without additional confirmation prompts.
7.3 Therefore, once the One Click Trading feature is turned on, the End-User will not get prompted for confirmation before making a trade.
7.4 The End-User will not be able to withdraw or change the order once it is clicked. Under normal market conditions and system performance, a market order will be promptly filled after submission and the End-Users will enter into a binding transaction.
7.5 End-Users can activate or deactivate this feature at their discretion through the user settings.
7.6 The End-User agrees to accept all risks associated with the use of the One Click Trading feature, including, without limitation, the risk of errors, omissions or mistakes made in submitting such order.
7.7 The End-User agrees to fully indemnify and hold harmless TradeLocker from any and all losses, costs and expenses that may incur as a result of any such errors, omissions or mistakes by the End-User, or any other person trading on your behalf.
8.1 The Parties explicitly recognize and accept that any and all data processing activities undertaken under the scope or for the objectives outlined in this Agreement fall within the regulatory purview of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, commonly referred to as the General Data Protection Regulation (“GDPR”).
8.2 Both parties mutually and unequivocally consent to adhere to the stipulations and requirements set forth by the GDPR. This commitment underscores a shared dedication to ensuring the lawful and ethical processing of personal data as governed by the aforementioned regulation.
8.3 TradeLocker bears the obligation to institute and uphold suitable technical and organizational safeguards. These safeguards are designed to guarantee the integrity, confidentiality and security of the personal data processed within the framework of this Agreement.
9.1 TradeLocker retains all the Intellectual Property Rights in a and to the TradeLocker Platform (including the product) and any derivative works thereto created by or for TradeLocker. This clause shall survive the termination of this Agreement.
10.1 This Agreement, and the resolution of any eventual dispute, controversy or claim arising out of or relating to this Agreement, or otherwise the breach, termination or validity thereof, shall be governed by and construed in accordance with the Laws of Ireland.
10.2 The Parties shall attempt to resolve any dispute, controversy or claim deriving from or in conjunction with this Agreement, or a breach, termination or invalidity thereof, amicably. Failing to do so, such dispute, controversy or claim deriving from or in conjunction with this Agreement, or a breach, termination or invalidity thereof, shall be exclusively settled by the courts of Law in Ireland.
11.1 Entire Agreement. These Terms constitute the entire agreement that governs the relations between You and TradeLocker with respect to the Demo Account and TradeLockers’ Software and will supersede and replace all prior understandings and agreements governing such relations, unless they were prepared as a separate document and executed in writing. Nothing in this clause shall exclude or restrict the liability arising out of fraud or fraudulent misrepresentation.
11.2 Amendments: No supplement, modification or amendment of any term, provision or condition of this Agreement shall be binding or enforceable unless executed in writing by the Parties hereto. TradeLocker reserves the right to amend or alter, whether in whole or in part, these Terms, regardless of notice to the End-User.
11.3 Severability. If any provision under this Agreement, or any part of a provision, is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part thereof) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement (including the remainder of the term which contains the relevant provision) shall not be affected.
11.4 No Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by applicable law shall not constitute a waiver of that right, power or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
11.5 Language. The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version of the Agreement and any other language version, the English language version shall prevail.
12. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “NEXT” or “ACCEPT” BUTTON AND(OR) CONTINUING TO INSTALL THE SOFTWARE OR USING THE TRADELOCKERS’ SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND GRANT TO TRADELOCKER THE RIGHTS SET FORTH HEREIN.
TradeLocker © 2023. All rights reserved.
*Neither this app or its contents should be regarded as professional, financial or investment advice. This app is a suite of trading tools, meant to be used in connection with an account held by a trader with their brokerage firm. If you intend on using this app for real trading, you should understand how various financial products work and the risks you will be undertaking on your own.
**By using this app you will have access to information of a general nature (i.e., that does not address the circumstances of any particular individual). If you require further information, or otherwise a more comprehensive or complete statement of the related matters and regulations, you should seek the advice of a lawyer, your brokerage firm, or from a licensed financial service provider before you start trading.