1.2. INDEX Foresight operates INDEX Foresight services under index-foresight.com and indexforesight.com domains. All services provided by INDEX Foresight are intended exclusively for persons of legal age of 18.
1.3. Users can call up these T&C at any time, even after an agreement has been closed, under the “Terms & Conditions” link that appears on INDEX Foresight web site.
1.4. INDEX Foresight services are provided by INDEX Foresight and Customer enters into an agreement on the use of these services with INDEX Foresight. Additional contact information can be found in section Contact on INDEX Foresight web site.
2.1. INDEX Foresight web site offers following INDEX Foresight services and applicable subscriptions:
2.1.1. Offered Services
126.96.36.199. Subscription Services
188.8.131.52.1. INDEX Pilot end-of-day: end-of-day forecasts of major financial indices.
184.108.40.206.2. INDEX Pilot intra-day: intra-day forecasts of major financial indices.
220.127.116.11. On demand services: Under these T&C, on demand services are subject of individual contracting between INDEX Foresight and Customer regarding scope of services, applicable fees and related payments.
2.1.2. Subscriptions for INDEX Foresight services are chargeable and the conditions of applicable fees are subject of INDEX Foresight discretion. Following subscription types are available:
18.104.22.168. Subscription for private customers (Premium Account);
22.214.171.124. Subscription for corporate customers (Corporate Account)
2.2. Details about applicable fees for available subscriptions are set forth on INDEX Foresight web site under Subscriptions. The fees listed under Subscriptions are binding. Payments for different subscriptions shall be due immediately upon invoicing. Payment can be made using various available online payment systems on INDEX Foresight web site or banking transfer for corporate customers.
2.3. Any type of subscription for INDEX Foresight services is automatically prolonged for the same period of registration by debiting Customer’s account on the date Customer’s subscription expires. INDEX Foresight may send notices to the Customer by email to the current email address given by him in the Profile.
2.4. If INDEX Foresight is unable to collect any fees from an account designated by the Customer due to lack of funds, the Customer shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the Customer is responsible for the event that triggers these costs.
2.5. INDEX Foresight may deliver invoices to the Customer by email or shall make invoices available for download by the Customer in section Profile on INDEX Foresight web site for a period of 1 (one) year from the date of invoicing.
2.6. Any use of services and contents offered on INDEX Foresight web site beyond the scope of options provided by INDEX Foresight requires the prior written consent of INDEX Foresight. INDEX Foresight is entitled to modify and/or remove any data and/or information from INDEX Foresight web site without prior notice to Customer.
2.7. The Customer acknowledges and agrees that it is technically impossible to achieve 100% availability of INDEX Foresight web site. INDEX Foresight shall nonetheless endeavor to keep INDEX Foresight web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond INDEX Foresight’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on INDEX Foresight web site.
3.1. Customers must register prior to using any of the services on INDEX Foresight web site and shall report in Profile any changes in the registration data to INDEX Foresight without undue delay. The Customer warrants that all data provided by him for registration is accurate and complete.
3.2. Each Customer is entitled to register with INDEX Foresight only once. The Customer may only establish one (1) user profile and be logged in at one (1) work station with a Premium Account or have more user profiles and be logged in at more workstations with a Corporate Account depending on acquired subscription. None user profile can be used on more than one (1) workstation at the same time. It is technically difficult for INDEX Foresight to determine with certainty whether any user registered with INDEX Foresight is in fact the person he or she represents to be. Despite these difficulties, to protect INDEX Foresight services INDEX Foresight applies technical methods to avoid violation upon registration.
3.3. Customers with Premium Accounts shall choose user name and password upon registration. User name and password will be assigned for Customers with Corporate Accounts by INDEX Foresight administrator to a corporate account administrator designated by the corporate customer. Customers are obliged to keep all login data secret. INDEX Foresight shall not disclose login data to any third party and INDEX Foresight shall not ask for Customer`s password at any time.
3.4. Corporate account administrator designated by a corporate customer is responsible within his organization for assignment, distribution and management of user names and corresponding passwords to users of INDEX Foresight services.
3.5. By completing the registration process Customer consents to enter an agreement to use the services made available on INDEX Foresight web site. INDEX Foresight accepts this offer by activating Customer`s account for the use of services on INDEX Foresight web site. The agreement takes effect with the aforementioned acceptance by INDEX Foresight.
3.6. Customer warrants that he/she or its designated users of INDEX Foresight services are of legal age of 18 at the time of registration.
4.1. Customer is obliged to provide only true and non-misleading information in his/her/its Profile.
4.2. Customer and its designated Users are prohibited from: copying of any contents from INDEX Foresight web site; distributing or publicly disclosing the contents of INDEX Foresight’s web site; performing any actions which may impair the operability of INDEX Foresight’s infrastructure.
4.3. Customer has to assure that received information is treated with due diligence.
4.4. Customers with Corporate Accounts bear responsibility for illegal usage of any contents of INDEX Foresight web site by their employees, contractors and business partners to whom the Customer, its employees or business partners have made these contents available.
5.1. INDEX Foresight is entitled to restrict temporary or irrevocably suspend Customer`s access to INDEX Foresight web site and INDEX Foresight services when conditions described in the following two paragraphs occur.
5.2. Given an investigation by INDEX Foresight of Customer`s behavior regarding violation of these T&C, INDEX Foresight is entitled to restrict temporary Customer`s access to INDEX Foresight services taking into account all circumstances of the individual case. After investigation of the individual case completed and unproven violation of T&C Customer gets access to the INDEX Foresight services. Customer may be notified per email for all action taken.
5.3. In case there is violation of these T&C INDEX Foresight is entitled to irrevocably suspend Customer`s access to INDEX Foresight web site and INDEX Foresight services. This action leads automatically to termination of subscription according to the conditions described in section VI in these T&C.
6.1. Customer may terminate the agreement with INDEX Foresight at any time either by canceling recurring payments or by submitting a termination letter using the contact form. After termination of agreement Customer may use INDEX Foresight services until termination becomes effective at the end of subscribed period. The Customer shall not be entitled to claim reimbursement of any payments.
6.2. INDEX Foresight may terminate the agreement if there is an event which makes it unacceptable for INDEX Foresight to continue the agreement, taking into account all circumstances of the individual case and weighing the interests of INDEX Foresight against Customer`s. Contract termination under any of the following events:
6.2.1. If Customer and/or its designated Users breach a contractual obligation, in particular an obligation set forth in section III and IV
6.2.2. If the reputation of services offered on INDEX Foresight web site is substantially impaired by Customer and/or its designated Users
Any violation of these T&C by Customer and/or its designated Users will be prosecuted with all legally available means.
6.3. In accordance with INDEX Foresight’s right to terminate the contract due to above specified event types INDEX Foresight is entitled to: Issue a warning and/or Block the Customer’s access to the services on the INDEX Foresight web site.
6.4. The Customer shall not be entitled to claim reimbursement of any payments if INDEX Foresight has terminated the contract when events a. and/or b. described in 6.2 occur.
7.1. INDEX Foresight recognizes that any data provided by Customer to INDEX Foresight is extremely important to him and INDEX Foresight shall therefore be particularly sensitive in handling such data. INDEX Foresight shall comply with all applicable legal provisions regarding data protection and shall not provide or otherwise disclose any Customer`s personal data to any third party.
INDEX Foresight reserves the right to modify the services offered on INDEX Foresight web site and/or to offer services different from those offered at the time of Customer`s registration at any time. INDEX Foresight may send notices to Customer related to changes to the INDEX Foresight services by email to the current email address given by him in Profile.
INDEX Foresight has the right of all information and data provided on INDEX Foresight web site. Duplication or usage of this information or any content provided on INDEX Foresight web site without prior and express written consent of INDEX Foresight in other electronic or printed publications are prohibited. Copying, screen shooting, downloading, dissemination, distribution and storing of contents of INDEX Foresight web site without INDEX Foresights express consent is prohibited.
Queries regarding agreement with INDEX Foresight or regarding INDEX Foresight services can be sent at all times by Customer to INDEX Foresight using the contact form available on INDEX Foresight web site.
11.1. INDEX Foresight reserves the right to amend these T&C at any time, without giving reasons, unless an amendment is unreasonable to the Customer. INDEX Foresight shall give notice of any amendments of these T&C to the Customer by email to the current email address given by him in the Profile. If the Customer does not object to the applicability of the revised T&C within one (1) week after receipt of said notice, the amended T&C shall be deemed to be accepted by the Customer. By not accepting the amended T&C the Customer has the right to terminate the agreement with INDEX Foresight according to paragraph 6.1 in section VI of these T&C.
11.2. The Customer may submit any notice to INDEX Foresight using the Contact form provided on the INDEX Foresight web site. INDEX Foresight may send notices to the Customer by email to the current email address given by him in the Profile.
11.3. The place of performance of INDEX Foresight services under these T&C shall be INDEX Foresight`s main place of business. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of INDEX Foresight. These T&C and the contractual relationship shall be governed by Law of the European Union.