§ 1 Introduction
The terms and conditions below govern the contractual relation between the provider of the website www.edgewonk.com (“vendor”) and its customer (“customer”).
§ 2 Services
On his website the vendor offers a software based traders journal to evaluate and improve the customers trading behaviour.
Two versions are available. The Light Version with the features of a basic trading journal and the Pro Version featuring advanced analytics and edge-detection tools.
Both versions feature updates to the current version, support and access to exclusive online content free of charge.
A free trial version is available for download. The free trial version features The Edgewonk trading journal with 200 pre-entries (trades) and analytics for testing purposes.
By submitting the email address for the free download the customer consents to further receive product information and promotional messages from the vendor.
§ 3 Usage requirements
Usage requirements are Windows® (Operating System), Apple Mac or Linux.
To use Edgewonk, the latest Java Oracle version is required.
§ 4 Prices and Payment
Prices, as displayed on the website, are net prices and exclude VAT; VAT of 19% is only applicable to visitors from the European Union; 20% VAT is applicable to visitors from the UK.
All prices are quoted in US Dollars.
Available Payment Options are PayPal, Stripe and Credit card via PayPal-Services. For using a credit card a PayPal-Account is not required.
§ 5 Disclaimer
The vendor’s services do not comprise in any way investment advice of any kind.
The vendor may not be held liable for financial loss. The vendor does not accept liability for errors in the coding of the program and statistical analysis performed by the program, that may or may not occur during its usage. For further regulation on liability see section 6.
§ 6 Liability
The vendor is liable according to the statutory provisions, if the customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the vendor´s representatives or agents. In case of a non intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage.
The vendor is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage.
The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
Unless stipulated otherwise above, liability is excluded.
§ 7 Copyright information
Both the content of the website and the Edgewonk trading journal are protected under copyright law and are part of the vendor’s intellectual property.
Except for a single copy made for the customers personal use, any act like duplication, copy, reproduction, modification, republishing, distribution, upload, transmission and such constitute a copyright infringement and will be prosecuted in criminal and civil proceedings.
§ 8 Applicable Law
| Any contracts entered into between the provider and the user shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions or mandatory consumer protection laws. |
§ 9 Support Forum
Users may post in our support forum. Posting does not require registration. Nevertheless users may register to gain access to the features of a private account.
Registration requires a valid email-address.
Public postings will be stored. The user agrees that the operator of www.edgewonk.com is entitled to use the postings in the future and grants him the necessary rights to do so.
Users are completely responsible for their postings and uploaded and shared contents such as images and links.
Email-addresses are stored and will not be passed on to third parties.
§ 10 Miscellaneous
If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the courts in Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. The competent court of jurisdiction in this case is the court at the vendors registered seat (Offenbach). In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
Should single provisions of this contract be or become invalid or void, this shall not affect the remaining provisions of this agreement.
B. Consumer information
1. Company identity
Quantum Trade Solutions GmbH
Jahnstrasse 43
63075 Offenbach
Germany
District court Offenbach am Main HRB 48296
VAT ID (Registration Number): 044 241 60065
Chairmen: Schlotmann, Rolf and Czubatinski, Moritz Email: info@edgewonk.com
2. Description of services and goods
www.edgewonk.com offers a software based traders journal which enables the user to evaluate and improve his trading behaviour. The trader’s journal is based on Windows® as operating system and Microsoft Excel®.
3. Warranty, Service
Legal rights on warranty are stipulated in §§ 434 et seq. German civil law code (Bürgerliches Gesetzbuch).
Customer Support can be contacted via Email and contact form
4. Right to withdrawal
Consumer’s right of withdrawal
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Quantum Trade Solutions GmbH
Jahnstrasse 43
63075 Offenbach
Germany
Email: info@edgewonk.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To
Quantum Trade Solutions GmbH
Jahnstrasse 43
63075 Offenbach
Germany
Email: info@edgewonk.com
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), – Ordered on (*)/received on (*),- Name of consumer(s), – Address of consumer(s),- Signature of consumer(s) (only if this form is notified on paper), – Date
___________
(*) Delete as appropriate.
5. Contract language, storage of the contract
The language of the contract is English. Other languages are currently not available.
Apart from these Terms and Conditions, after a purchase no documents with respect to the contract are being stored.
6. Delivery time
The item is available for download immediately after the purchase.
7. Purchases (Conclusion of contract), corrections
Purchases are made in the Websites Shop (www.edgewonk.com/products). In order to make a purchase, the customer needs to click the ‘Add to cart’ button. He then is lead to the shopping cart. Here he can change and refresh items in his shopping cart.
Next he is required to click the ‘Proceed to Checkout’ button. At this point the customer can make changes to his order by using the back arrow of his browser. After entering his contact information and choosing a payment method the purchase is finalized.