Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the EC Proprietary Traders Pte Ltd. (“EC Proprietary Traders Pte Ltd”) mobile application (“ECapital”), which allows You to access EC Proprietary Traders internet-delivered service from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and EC Proprietary Traders (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Master Trading Agreement”). With respect to the use of the Mobile App, and to the extent the Master Trading Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App. .
List of Terms
1. License. EC Proprietary Traders grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA and the Master Trading Agreement.
2. Your Account. Your use of the Mobile App requires that You are a authorise trader with EC Proprietary Traders Pte Ltd and agree to the terms of the Master Trading Agreement.Collection
3. Changes to this EULA. EC Proprietary Traders reserves the right to modify this EULA at any time and for any reason. If EC Proprietary Traders makes material changes to this EULA, You will receive notification via the Mobile App. Your continued use of the Mobile App after EC Proprietary Traders publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. EC Proprietary Traders may deploy changes, updates, or enhancements to the Mobile App at any time. EC Proprietary Traders may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize EC Proprietary to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding EC Proprietary Traders products and services.
8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EC PROPRIETARY TRADERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. EC Proprietary Traders does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
8.1 iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Transmission of Electronic Data. EC Proprietary Traders shall not be liable to the Trader for any Loss suffered or incurred by the Trader due to any inability of the Trader to access the Mobile App or Subscription Service, for any reasons, cause by telecommunication network issues, defects of mobile devices, corruptions of mobile software. The Trader acknowledges that quotations on Mobile App may be materially incorrect during time of such outages.
10. Intellectual Property Rights. The Trader is not entitled to and shall not reproduce, transmit, disseminate, sell, distribute, publish, broadcast, circulate and/or exploit (whether for commercial benefit or otherwise) the information and/or reports obtained from or through the use of the ECapital Mobile App, except with the express written consent of EC Proprietary Traders. The Trader shall also not use such information and/or records for any wrongful or illegal purpose.
12. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Master Trading Agreement.
13. Contact Information. If You have any questions regarding this EULA, please contact EC Proprietary Traders Pte Ltd by email at firstname.lastname@example.org
14. Third Party Beneficiaries. This EULA is executed between You and EC Proprietary Traders and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. EC Proprietary Traders is not responsible for any applicable third-party agreement between You and Your any third-party, including your wireless provider.
Our website may contain links to other websites. Please note that we are not responsible for the privacy practices of such other websites and advise you to read the privacy statements of each website you visit which collects personal data.
IMPORTANT: By accessing this website and any of its pages you are agreeing to the terms set out above.