This Agreement (“Tactical Arbitrage Terms and Conditions”) is a contract between you and Tactical Arbitrage. 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.
- Your access/use implies agreement
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.
- Prohibited Activities
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.
- Licence and Ownership
The copyright for the content on this Website is owned or licenced 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.
- 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.
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.
- 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
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.
Tactical Arbitrage, it’s owner/s, parent company, or other agents reserve the right to terminate any account membership at any time 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.
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.