TERMS & CONDITIONS
for Access and Use of Tactical Arbitrage Website and Services
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our services. Nothing in this disclaimer will:
- limit or exclude the Service Provider’s liability for misinterpretation of the information presented on the website;
- limit any of the Service Provider’s liabilities in any way that is not permitted under applicable law;
Tactical Arbitrage Services carry a certain level of estimation risk, and may result in losses if decisions are based solely on their results. We strongly recommend you should use the results in connection with other information gathered by your own separate due diligence, or you should also seek other independent correlative advice.
By submitting a request for account registration with us, you confirm:
- that you have read the Disclaimer and all the documents supplied to you in connection with our Services and that you fully agree to them;
- that you understand and agree that our services may be amended from time to time, in which case you automatically agree to such modifications;
- About these Terms and Conditions
This Agreement (“Terms and Conditions”) is a contract between Visual Magic Productions Pty. Ltd. and you as a customer. You acknowledge that your use of the “Tactical Arbitrage website www.tacticalarbitrage.com” (Website) or services will constitute acceptance of the Tactical Arbitrage Terms and Conditions.
Throughout the site, the terms “we”, “us”, “Tactical Arbitrage” and “our” refer to our Visual Magic Productions Pty. Ltd.
The website is available for your use only on condition that you agree to these Terms and Conditions. By accessing/using the website, you are signifying that you agree to be bound by these Terms.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Tactical Arbitrage’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of the Acceptable Use Policy.
To access and use Tactical Arbitrage’s services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
These Terms and Conditions may change from time to time, and you are required within reason to revisit this page before placing your order, to ensure that you are up to date with the conditions provisioned by these Terms.
- Description, Access and Use of the Services
The following Section applies to any service sold on this website and through our SaaS platform.
The services delivered under this Agreement relate to product sourcing for Amazon FBA. Any description of such products has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
Tactical Arbitrage provides software services for sourcing products from retail suppliers and then selling on the Amazon FBA platform for a profit. It provides access to scanning of online retail sites by means of advanced algorithms that can quickly calculate Amazon fees, source discounts, cashbacks, and shipping costs to ensure your profit and ROI are as accurate as possible. It also provides access to estimated sales metrics, competitor stock levels, dozens of filters, average periods of rank and price, product variation analysis, image recognition, saved product folders you can re-scan or download, etc.
The services available on the website for sale under this Agreement are only available for sale to individuals who can make legally binding contracts. The services are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract.
When you place an order, you basically make an offer to purchase a particular service or subscription for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Terms. In this case the purchase is a subscription for a license of use, granted is for one Amazon seller account only.
Account registration. If you sign up with us and create an account, then:
- a) you must register for an account with us (an “Account”) and provide certain personal information such as name, email address, contact number and password.
- b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
When creating an Account, don’t:
- a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- b) Use a username that is the name of another person with the intent to impersonate that person;
- c) Use a username that is subject to rights of another person without appropriate authorization; or
- d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us.
Upon requesting the opening of the account, you are provided access to an Administrator’s account, with username and password chosen by the you.
Tactical Arbitrage hereby grants you a limited, terminable, non-exclusive and non-transferable right of access and use the Services, in accordance with the terms of this Agreement, exclusively for your internal business purposes. This right is conditional on the payment of the applicable subscription fee and other fees.
On the first access of the account, some key features providing access to strategic business information pertaining to you are turned off by default. Activating them will require the set-up of a separate password to which only the you, as administrator, have access. Tactical Arbitrage accepts no liability or responsibility whatsoever for your provision of such passwords to third-parties.
Tactical Arbitrage reserves the right to accept or reject your account registration for any reason, including, without limitation, an error in the service description or the price posted on the website, the availability of the service, or an error in your registration request. Your contract with Tactical Arbitrage comes into force when we send you a confirmation email containing the receipt of your registration, confirmation of receipt of your payment and details of likely delivery.
Free trial period. You have the possibility to try the services for free, upon completing the registration procedure. The trial period is granted for a period of seven (7) days, after which you will have to decide if the services are suitable for your requirements. After the trial period you will have to choose the most suitable subscription plan for your needs, or cancel the account.
Risk of use of any scripts passes to you upon immediate commencement of any subscription, including during the free trial period.
Nothing in these Agreement is intended to exclude, restrict or modify any statutory obligation of Tactical Arbitrage implied by the Goods Act, 1958 or by any other internationally applicable act.
Payments, manual, automatic or otherwise set up via credit card, PayPal, or similar means to Tactical Arbitrage are the sole responsibility of the website user.
Our platform uses third party payment providers to receive payments from you. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
You acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
You understand and expressly authorize Tactical Arbitrage to collect payment from or charge the credit card for availing our services.
Tactical Arbitrage reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
All transactions are completed through secure third-party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you shall hold us harmless against any such dispute or legal claim.
Also, Tactical Arbitrage is not liable and will not be held as such for any unexpected charges. You, as a user of the platform and the services, are expected to monitor your subscription and make conscious decisions to cancel or continue your services at a time that they decide to, and not retroactively based upon regret or forgetfulness or other such reasons make claims for restitution. Reasons such as failure to stop or monitor payments shall not hold Tactical Arbitrage or any of its employees or affiliates liable to reimburse lost funds. Only a customer stopping the subscription via manual means with their payment processor shall terminate any subscription, and correspondence through email, social media, or verbally does not in any way guarantee a subscription will be terminated.
A subscriber to the Tactical Arbitrage service may cancel their membership at any time, using either the cancel link in the Your Profile page when logged in, or from inside the application in the Accounts tab of the Settings page.
Cancellation within a trial (before any charge has been made), will incur no further charges, and account termination will happen shortly afterwards.
Cancellation during a weekly or monthly membership cycle, will retain access to the software service until the end of that paid period. A member can enjoy the service for the remainder of this duration, as they have already paid.
There will be no liability to provide any form of refund by Tactical Arbitrage, or it’s owners after a weekly or monthly cycle has already started and been paid for, although consideration of a full or partial refund, may be made if the request is strictly within the initial 48 hours of the period. In this scenario, access to the portal is terminated immediately, and all data erased.
Cancellation of an annual paid membership cycle, will retain access to the software service until the end of that paid period. A member can enjoy the service for the remainder of this duration, as they have already paid.
There will be no liability to provide any form of refund by Tactical Arbitrage, or it’s owners after an annual cycle has already started and been paid for, although consideration for a partial refund of no greater than 50%, may be made if the request falls within the initial 90 days of the subscribed years period. In this scenario, access to the portal is terminated immediately, and all data erased.
Tactical Arbitrage, it’s owner/s, parent company, or other agents reserve the right to, at any time and without notice, suspend, cancel, or terminate any account membership at their discretion, for any reason related to, or not related to activity that may be deemed prohibitive to the above terms and conditions whether suspected, or proven without any legal recourse.
In the instance that this event occurs, a prorated refund for remaining days in the subscribed month cycle, may be made available as a refund.
Without limiting the foregoing, we may close, suspend or limit your access to our platform:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a user, or any other person; or
- for other similar reasons.
If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
- Prohibited Activities
Sharing access to accounts to other IP addresses not related to the user’s single Amazon account will result in immediate termination of any paid subscription, with no refund. You may not transfer your Account to another party.
You may not use the Tactical Arbitrage services for activities that:
- Violate any law, statute, ordinance or regulation;
- Relate to transactions involving:
- items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- items that promote hate, violence, racial intolerance or the financial exploitation of a crime; or
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.
- Show the personal information of third parties in violation of applicable law;
- Be false or misleading;
- Distribute or send communications that contain spam, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Tactical Arbitrage, the Services or the interest or property of other users;
- Impose an unreasonable load on Tactical Arbitrage’s infrastructure or interfere with the proper working of the Services;
- Copy, modify, or distribute any other person’s content without their consent, including any of Tactical Arbitrage’s content unless within the reasonable and normal use under the Services;
- use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without Tactical Arbitrage’s expressed written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to the Services.
- Modification of the Terms
We may amend, revise or update the Tactical Arbitrage Terms and Conditions and once a change takes effect, your continued use of the Website or services will be deemed acceptance of any change.
- Modifications to the Information
Tactical Arbitrage does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Tactical Arbitrage.
- Errors and problems
Tactical Arbitrage does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
- Intellectual Property
The copyright for the content on this Website is owned or licensed by Tactical Arbitrage and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Tactical Arbitrage.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Tactical Arbitrage.
- Privacy and Security
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at [email protected] upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to our app, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities).
- Feedback, suggestions, comments or requests
Tactical Arbitrage is neutral on whether you decide to offer feedback, suggestions, comments or requests (“comments”) but these comments may be made either within our software portal, or directly to [email protected] and if you do make comments, you acknowledge that:
- they will not be considered confidential or proprietary; and
- Tactical Arbitrage is under no obligation to keep such information confidential, and Tactical Arbitrage will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
- Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Tactical Arbitrage. Tactical Arbitrage makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.
Tactical Arbitrage may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from the Tactical Arbitrage website.
- Inbound links
Tactical Arbitrage generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Tactical Arbitrage. However, linking to any other page of the website is strictly prohibited, without express written permission from Tactical Arbitrage.
- Disclaimer of Warranties
Tactical Arbitrage makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
- Limitation of Liability
In no event shall Visual Magic Productions Pty. Ltd. T/A Tactical Arbitrage, its employees or contractors, or for that matter affiliates, be liable or held responsible for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website. In addition to this, Visual Magic Productions Pty. Ltd. T/A Tactical Arbitrage will not be held responsible for any damages resulting from loss of accounts, capital, any changes in the market, or other negative factors such as consequence from inadvertent or unexpected violations of terms of services at any linked site, blocked IP addresses, so on and so forth should any such situation arise as a result of the use of this website, the Tactical Arbitrage software sourcing scripts, other Tactical Arbitrage related tools on site or off site (such as via browser extensions or social media), or from advice or tutorials given via text, audio or video, linked or embedded within the site pages.
The services are provided “as is” and “as available”. You agree not to hold Tactical Arbitrage responsible for things provided for by any third party in connection with those services.
We also cannot guarantee continuous or secure access to our services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our services.
Notification functionality in our services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your data service provider’s network, including any wireless service.
To the extent legally permitted we disclaim all warranties, representations and conditions, express or implied including those of merchantable quality, durability, fitness for a particular purpose and those arising by statute. To the extent legally permitted, we are not liable for any loss, whether of money (including profit), goodwill or reputation, or any special, indirect, or consequential damages arising out of your use of the services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
Despite the previous paragraph, to the extent permitted by law, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to the greater of:
- the total fees you pay to us for the specified service; and
You undertake all risks and liabilities for consequences arising from the use of the goods or services whether singly or in combination with others and indemnify Tactical Arbitrage in respect of any such use. Tactical Arbitrage is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods and services when used by you are error free and work within the expected parameters, and no liability will be accepted by Tactical Arbitrage for the consequences of the use of said goods or services by you.
You agree to defend, indemnify and hold harmless our Tactical Arbitrage, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
If you have a dispute with one or more Tactical Arbitrage’s third party affiliates, you release Tactical Arbitrage (and our officers, directors, agents, subsidiaries, joint ventures and employees) form any and all claims, demands and damages (actual or consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
These terms and other policies posted on the Terms and Conditions set out the entire agreement between Tactical Arbitrage and you, overriding any prior agreements or understandings.
We will send notices to you via the email address you provide, or by registered mail, subject to the provision of a mailing address. Notices sent by registered mail will be deemed to have been received on the day it is sent, in accordance with the Postal Acceptance Rule.
These Terms and Conditions and any policy referred to in these Terms and Conditions are subject to and governed by the law in force in the State of Queensland the non-exclusive jurisdiction the Commonwealth of Australia and its courts, and any courts, which may hear appeals from those courts in respect to any proceedings in connection with this Agreement, and by accessing/using this Website or our services, you are signifying that you agree to be bound by these terms.
- Dispute Resolution:
In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
- Force majeure:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our app. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our app. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use our platform.
Our team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at [email protected] or by clicking the unsubscribe link in our emails sent to you.
You consent to receive notices and information from us in respect of our platform and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of our platform, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our platform. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at [email protected]
- Special Admonitions for International Use:
- Entire Agreement:
The Agreement, in connection with the other obligations, policies and rules detailed in writing on our platform, constitute the entire agreement between you and us.
- Contact Us:
For any further clarification of out Terms and Conditions, please write to us at [email protected]