Terms & Conditions of Use
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Latest Update: 9 October 2020
Dynamic Outcomes (hereinafter referred to as "Dynamic Outcomes") is a financial market research and forecasting service provided by James Paynter, Financial Market Analyst through Dynamic Forex Solutions LLC, to assist clients with their South African Rand-based foreign exchange decisions through foreign currency analysis forecasting services, as well as other products, services and information relating to the foreign currency market.
This is primarily an online service provided through primary domain www.forexforecasts.co.za ("the Site") and parked/sub domains under this primary domain, including www.forexsolutions.co.za and www.dynamicoutcomes.co.za.
These are the Terms & Conditions of Service ("Terms & Conditions") which govern the use of the Site. You must read these Terms & Conditions before accessing the Site. By accessing the Site you agree to be bound by the Terms & Conditions set out below. If you do not wish to be bound by these Terms & Conditions, do not use the Site. When subscribing for any services offered, you acknowledge that you have read and understood these Terms & Conditions, and that you will utilise the services offered in accordance therewith and agree that it is your responsibility to apprise yourself to these terms as amended from time to time, and that you have read and understood the Disclaimer in the footer of this site.
1. Copyright Notice
Copyright Notice: © 2020 All rights reserved. Dynamic Outcomes hereby gives you permission to retrieve, store, cite or refer to or print material from this website only for personal and educational, non-commercial use. You are not permitted to reproduce, publish, perform, broadcast, make an adaptation of, sell, let or offer or expose, hire any copy of the materials or use this material for commercial use without the prior written permission of Dynamic Outcomes.
2. Definitions
"You" and "your" means the user and/or the registered user and/or subscriber to any subscription services we offer or may offer in the future. "We", "us" and/or "our" means James Paynter, Dynamic Outcomes and/or Dynamic Forex Solutions LLC. "Service" or "Services" means the on-line information and other services provided by us solely to users and/or registered users and/or subscribers. "The Site" means the website operated by us at the URL www.forexforecasts.co.za and other subdomains through which you may access the Services, Uncluding www.forexsolutions.co.za and www.DynamicOutcomes.co.za.
There is no specific time limit applying to your access and use of the Site on these Terms & Conditions. However, Dynamic Outcomes reserves the right to suspend or terminate your access and use of the Site at any time. It may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to the Site. In that event, notice will be deemed to be served immediately after transmission by email or fax.
3. Use of the Site Content
All material on the Site and material sent by email is considered the Site's content ("Content"). Unless otherwise stated, copyright and similar rights in all material published on the Site are owned by Dynamic Outcomes. The Content is provided "as" is for your information and personal use only, except as expressly provided in these Terms and Conditions.
No part of the Site or the Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose or public use whatsoever, without our express prior written permission.
Any request for permission to reuse, republish or reprint is to be sent to the Dynamic Outcomes via email to info@DynamicOutcomes.co.za.
4. Registration and Subscription
Registration and/or Subscription requires that you provide Dynamic Outcomes with true, accurate, current and complete registration/subscription information.
All subscription packages are tailored to suit each client's particular forex situation, specific needs and size, with pricing being scaled based on the average annual foreign exchange turnover involved (with a minimum entry level pricing for each package), which will be adjusted annually.
Use of the Site and its Contents is permitted for corporate, business and commercial use, provided that registration and subscription details accurately reflect this, including the full business name, physical and billing address, business activity and average foreign exchange turnover.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, or any portion thereof, including blocking certain IP addresses.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Dynamic Outcomes does not permit any of the following without our express permission:
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any other person or entity sharing or using your user name and password;
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access through a single name and password being made available to multiple users on a network or in any other form whatsoever
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Having been given access to the Site, you are responsible for all use of the Site and for preventing unauthorized use of your user name and password. If you believe there has been or could be any breach of security such as the disclosure, theft or unauthorized use of your user name and password, you must notify us immediately by email to info@DynamicOutcomes.co.za.
You are required to update your information provided to Dynamic Outcomes if it changes. If you fail to do so, you will be in breach of this Agreement. You can update your personal details on the Update Profile section of the Client Home Page.
5. Privacy Policy
Dynamic Outcomes is wholly committed to maintaining and protecting your privacy and any personal information you may share with us. We will not sell or share your personal information, regardless of whether you are a registered user or just a visitor to our site, without first obtaining your written authorization to do so. An authorization by email will be regarded as written authorization. At times, we may use the services of third party technical support firms and personnel which must comply with our high standards of protecting your privacy. Additionally we emphasize to our employees the confidential nature of users' personal information and the high level of importance we place on maintaining this confidentiality. Whenever we collect personal information from you, we will always explain to you how we intend to use that information. For example we may use information in the following ways:
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For the purposes for which you specifically provided the information including, for example, to enable us to process, validate and verify you as a registered user or subscriber.
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To send you e-mail notifications about our new or existing products and services, special offers, or to otherwise contact you.
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To enhance existing features or develop new features, products and services.
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To provide advertisers and other third parties with aggregate (non-personal) information about our user base and usage patterns.
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To allow us to personalize the content and advertising that you and others see based on personal characteristics or preferences.
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We may automatically collect IP addresses and Web site usage information from you when you visit the Site. This information helps us evaluate how our visitors and registered users navigate our Web site, including the number and frequency of visitors and registered users to each Web page, and the length of their visits.
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"Cookies" are small amounts of data that a Web site can send to your Web browser and store on your computer. Cookies do not contain personal information about you (unless you knowingly provide it). We may use cookies as stated above, to enhance navigation and the functionality of our Web site, to securely verify your identity as a registered user, and to personalize aspects of your experience on our site. We also may use cookies with advertising placed on other companies' Web sites. The cookies are sent when you are on another company's site and click one of our advertisements or a hyperlink to go to the Site. This particular cookie does not identify you personally, but only identifies your browser as having clicked through from a marketing program. The cookie allows us to show you promotions or content specific to the marketing campaign or advertisement that you clicked on. The personally identifiable information we collect about you may be stored in limited-access servers. We will maintain safeguards to protect the security of these servers and your personally identifiable information. We do reserve the right to disclose personal information in specific circumstances, such as when we believe in good faith that we must fulfill any legal and/or regulatory requirements to protect our rights to our intellectual property. We are not responsible for the privacy practices or content of any other web site, including sites to which we provide a link for informational or advertising purposes. If you have any questions or concerns regarding our privacy policy, email us at info@DynamicOutcomes.co.za
6. Content by Email or Direct-To-Desktop
In the future, Dynamic Outcomes may give you the option to request Content by email or through direct-to-desktop technology. We may also send you email to keep you updated on developments to the Site. Your use of the Content received through these services will be subject to these Terms & Conditions. You can unsubscribe to our email service by notifying us at info@DynamicOutcomes.co.za.
7. Delivery Policy
When you make a purchase of any Service from us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms & Conditions. You must not make any purchase through this site unless you understand and agree to all our Terms & Conditions. Once payment is made for the purchase, it is deemed that you have read and understood the Terms & Conditions for such purchase. If you have any queries, please contact us before making any purchase for any Service through this Site. Once you have made the purchase, an email will be sent to the email address that you entered on the Subscription page. The email will contain the necessary details for you to use the Service. Note that your account may remain inactive until your payment is confirmed by our administrative staff.
8. Payment Options
Transactions can be processed in either South African Rands (ZAR) or US Dollars (USD) at your choice, but we reserve the right to change these options at any time. We accept credit and debit card payments via the website. If the event this is not possible, in approved situations, we will supply our banking details should you wish to make payment via SWIFT or electronic transfer/direct deposit. Dynamic Outcomes reserves the right to change the bank account to which the subscription payments will be made.
9. Security Policy
All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the Cardholder and Merchant that nobody can impersonate the Payment Gateway to obtain confidential information. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. the Payment Gateway servers are protected by firewalls and intrusion detection systems, and continually reviews and enhances its security in line with technological changes.
10. Third Party Site Transactions
You may be able to use the Site to purchase products and/or services from the Site's third party advertisers. In that event, your contract for such products and/or services will be with the third party advertiser. Any part of the Site showing third party products or services for purchase are intended as advertisements only and the Site or sponsors of such third parties is obliged to sell those products or services only if it accepts your offer to buy. Dynamic Outcomes may receive commissions from such Third Parties in the event that you purchase their product or service.
11. Pricing Policy
The pricing of the subscription service is tailored to suit our clients' particular needs, forex situation and forex turnover. All subscriptions are subject to adjustment periodically to compensate for changes in our clients forex turnover as well as inflationary costs. Any such adjustments will be notified to you before these take effect.
12. Refund Policy
The paid Service you may subscribe to on this Site is on a period-to-period recurring basis. You may cancel your Subscription at anytime by contacting us at info@DynamicOutcomes.co.za. If cancelled before expiry of the money-back guarantee period, a full refund will be payable. After expiry of the money-back guarantee period, Service will be accessible until the term for which you have paid expires, at which time we will no longer bill your credit card and you will no longer have access to the Service. No refund or pro-rata adjustments will be applicable for any partial month for which you were subscribed.
13. Service Conditions
You acknowledge that:
(i) the Service is provided for information purposes only and is not intended as currency trading advice,
(ii) the Service may include information taken from the Site's sponsors, if any, and other sources,
(iii) Dynamic Outcomes does not guarantee the sequence, accuracy, completeness or timeliness of the Service and
(iv) the provision of certain parts of the Service is subject to the Terms & Conditions of other agreements to which Dynamic Outcomes is a party. Accordingly, notwithstanding anything to the contrary herein, Dynamic Outcomes, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any:
(i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes, news, and financial data;
(ii) delays, errors or interruptions in the transmission or delivery of the Service; or
(iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
14. Changes to these Terms
We reserve the right to add to or change the provisions of these Terms & Conditions at any time. All additions and changes will be notified to you by being posted on this Site and it is your responsibility as a user to refer to these additions and changes. They will come into effect at date of the latest update date as posted on this page and you will be deemed to have accepted them if you make access to the Site after that time.
15. No Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
16. Entire Agreement
These Terms & Conditions constitute the entire Agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
17. Choice of Law
These Terms & Conditions shall be governed by United States law.
18. General
You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms & Conditions does not constitute a waiver of that right or remedy. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or effect.
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