Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the allindex.com website (“Website”), “Create My Portfolio” and “FINDALL'' desktop and mobile application (“Application/s”) and any of their related products and services (collectively, “Services''). This Agreement is legally binding between you (“User”, “you” or “your”) and ALLINDEX AG & its subsidiaries (“ALLINDEX”, “we”, “us” or “our''). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your'' shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and ALLINDEX, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Accounts and membership
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, ALLINDEX will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights'' means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ALLINDEX or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ALLINDEX. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of ALLINDEX or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of ALLINDEX or third party trademarks.
Users agree that they shall not attempt to reverse engineer, decrypt, disassemble, decompile, decipher, reconstruct, copy, or re-orient the circuit design, algorithms, logic or program code in ALLINDEX’s products, models or prototypes and Services.
User hereby grants ALLINDEX a perpetual, irrevocable, worldwide license to use any suggestion or idea for the Services that Users communicate to ALLINDEX without compensation, without any obligation to report on such use, and without any other restriction. The foregoing license includes, without limitation, the right to exploit feedback in any and every way, as well as the right to grant sublicenses and otherwise disclose any Feedback to the public.
Tax and Investment Advice
ALLINDEX does not provide investment advice. The information and content provided by our Services are for informational purposes only and should not be considered as financial or investment advice. Users are solely responsible for making their own investment decisions.
ALLINDEX does not offer tax advice. The tax information provided by our Services are for general informational purposes only and should not be relied upon for making tax-related decisions. Users are strongly advised to consult with their own independent tax professionals or advisors for personalized tax advice specific to their individual circumstances.
In both instances, Users should seek the guidance of qualified professionals who specialize in investments or tax matters. ALLINDEX bears no responsibility for any inaccuracies or errors in the information provided, nor for any actions or decisions taken based on such information. Users are solely responsible for their own investment and tax-related choices and outcomes. Users acknowledge that past performance does not imply nor guarantee future results.
Use of Third-Party Data
ALLINDEX have contracted with certain 3rd parties to provide data, benchmarks and or indices (“Data Providers”). The ownership of the data is exclusively with the Data Provider and available to ALLINDEX Users for a fee-based subscription. Absent a subscription or written approval from the Data Provider, User must not use or try to use such data.
User acknowledges that third party data provided through the ALLINDEX Services is proprietary to Data Providers, and is not warranted to be accurate, complete or timely, and may not be copied or distributed. Neither ALLINDEX nor the Data Providers are responsible for any damages or losses arising from any use of this information. User is solely responsible for evaluating the suitability of this information/data to its own situation and for ensuring that its use of any of them complies with all laws, restrictions and obligations applicable to it.
User acknowledges that if they gain access without the requisite approval from the Data Supplier, they shall be liable for any fees due to the Data Provider, both current and backdated to the earliest date that the User gained access.
Users understand and agree that Data Providers are not responsible for any investment decisions or any damages or other losses resulting from such decisions that arise in any way from the use of the Services or any materials or information accessible through it or into which it is incorporated.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will ALLINDEX, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ALLINDEX and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to ALLINDEX for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold ALLINDEX and its affiliates, directors, officers, employees, agents, suppliers Data Providers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part. Such misconduct includes, but is not limited to, unauthorized access to third party data.
User will at its expense, defend ALLINDEX and its affiliates, and their respective successors and assigns, and their respective directors, officers, employees and Data Providers, from and against any and all third party claims, demands, suits, action and shall pay any and all Losses incurred by ALLINDEX arising from or relating to use of the Services or any other intellectual property made available under this Agreement (including, without limitation, any material breach of the applicable use and distribution restrictions contained herein); provided, however, that User shall have no obligation to indemnify or pay the costs (including reasonable attorney’s fees) associated with any such claims or any losses arising therefrom or related thereto to the extent that those claims/Losses arise from ALLINDEX’s breach of its representations and warranties under this Agreement.
Changes and amendments
We reserve the right to modify this Agreement, or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Services, and send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
Contacting us
If you have any questions, concerns, we encourage you to contact us using the details below:
support@allindex.com
