TOS


TERMS OF SERVICE (Stuff our lawyers told us to say).
1. Agreement.

These Terms and Conditions constitute an Agreement (“Agreement”) between you (“you”, “your”, “member”, “subscriber”, “subscribers) and TwoKad New Zealand Limited (“Elliott Wave Gold”) for market analysis education services (“The Service”) provided on ElliottWaveGold.com (the “Website”). Your action on taking a trial subscription or a fully paid monthly subscription or a fully paid six monthly subscription constitutes your Agreement without limititation or qualification to be bound by and comply with the terms of this Agreement.

Basically:

You must agree to these terms to have access to analysis.

2. Ownership.

Elliott Wave Gold provides a paid subscription service. The information you have access to from your use of The Service is for the use of subscribers only and is not available for your reproduction. You agree not to reproduce, duplicate, copy, sell, resell or exploit for your personal or commercial purposes, any portion of The Service, or access to The Service, or any of the related elements used to deliver The Service including but not limited to logos, trademarks and ideas.

Basically:

Don’t copy and share the analysis. It’s for members only.

3. Term.

The term of this Agreement begins on the date we activate The Service for your subscription. This Agreement will continue from month to month, or for a six month period to a six month period, until terminated by either party pursuant to the terms hereof.

The Terms of Service constitute the entire Agreement. The failure of Elliott Wave Gold to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Basically:

This Agreement is active during your subscription, and your membership will continue until you cancel or we cancel your subscription.

4. Christmas Break.

Elliott Wave Gold will provide daily analysis of each day the Gold market trades with the exception of two consecutive weeks which include Christmas Day and New Years Day. You will be notified by email, no later than the 5th of December, of the dates for which analysis will not be available prior to the discontinuation of The Service for the two week break each month of December. The dates will also be posted on the ElliottWaveGold.com website.

Basically:

To ensure we can keep going we need a break each year and Christmas is the best time because markets are quiet and NYSE is closed for two and a half days.

5. Use of The Service.

Elliott Wave Gold does not provide services to minors. You must be at least 18 years of age to subscribe to the service.

Basically:

Self explanatory really.

6. Subscription Fees.

You are responsibile for paying your regular membership subscription fees either monthly or six monthly to ensure your uninterrupted access to The Service. Elliott Wave Gold reserves the right to suspend or remove access to The Service when a member’s due payment is skipped and or not processed for any reason whatsoever. Elliott Wave Gold reserves the right to refuse to supply The Service to any member who skips payments at any time.

Basically:

If you want to keep getting the analysis then keep paying your fees.

7. Liability.

In subscribing to Elliott Wave Gold technical analysis service you understand that Elliott Wave Gold is not liable for any losses you incur.

Investing in markets carries risk of losses especially because these instruments are highly leveraged and traders can lose more than their initial margin funds. Information supplied by Elliott Wave Gold is supplied in good faith, but it is not guaranteed. The market service that never makes mistakes does not exist. Elliott Wave Gold is not responsible and cannot be held liable for individual (or group) investment and or trading decisions. You agree to indemnify and hold Elliott Wave Gold, and its officers, agents, or other partners, and employees, harmless from any claim or demand made by you or any party you advise due to or arising out of any investment and or trading decisions you make arising out of information supplied or not supplied by Elliott Wave Gold.

You expressly understand and agree that Elliott Wave Gold shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses.

Basically:

We don’t have access to your trading account so we cannot control what you do with it. Our Risk Management Advice should always be taken, if you don’t take that advice don’t complain about your losses. You, and only you, are fully responsible for your losses and profits.

8. Interruption or Discontinuation of The Service.

Elliott Wave Gold will make every effort to provide you with the best analysis possible in a regular and timely manner. However, sometimes things happen that are outside of our control such as power failures, servers crashing or random acts of nature. In such situations Elliott Wave Gold cannot be held liable for interruption to the service.

Elliott Wave Gold reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Elliott Wave Gold shall not be liable to you (beyond return of any membership fees paid for The Service in advance for which The Service has not been provided) or to any third party for any modification, suspension, or discontinuance of The Service.

Basically:

The Universe is random. We’ll do our best to keep things going, but if stuff happens we don’t owe you anything.

9. Privacy.

Our Privacy Policy regarding the collection, use and disclosure of personal data when you use our website, and the choices you have associated with that data, is available here.

Basically:

Your information is safe with us.

9a. Privacy: Cookies

By continuing, in the Cookie Notice banner, it is meant that by closing Cookie Notice banner, scrolling any web page, clicking a link or continuing to browse otherwise, you agree to the use of cookies.

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it, and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored. However, this may downgrade or ‘break’ certain elements of the site’s functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.

The Cookies We Set

  • Account related cookies

    If you create an account with us, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out. However, in some cases they may remain afterwards to remember your site preferences when logged out.

  • Login related cookies

    We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

  • Email newsletters related cookies

    This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

  • Orders processing related cookies

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  • Forms related cookies

    When you submit data to through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.

  • Site preferences cookies

    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

    For more information on Google Analytics cookies, see the official Google Analytics page.

  • Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

  • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

  • As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work social media sites including Facebook, Twitter, and YouTube will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

Basically:

This website or its third-party tools use cookies, which are necessary to its functioning. Your privacy is important to us. We use cookies wisely.

10. Jurisdiction.

Elliott Wave Gold is part of TwoKad NZ Ltd and is operated under the jurisdiction of New Zealand Law.

Basically:

We’re based in New Zealand.

11. Communications.

All communications with all staff and all other members at Elliott Wave Gold by you must be conducted in a respectful and polite manner. Elliott Wave Gold reserves the right to terminate access to The Service without notice if any communication is received that is considered by Elliott Wave Gold to be rude, abusive, offensive, demanding or excessive in volume.

Basically:

Don’t be mean or rude.

12. Notices.

Notices and other communications under this Agreement shall be in writing and shall be delivered by electronic mail addressed to you at the email address you provide to Elliott Wave Gold upon the commencement of this Agreement and as updated by you on the ElliottWaveGold.com website from time to time when you access My Account dashboard on the ElliottWaveGold.com website

Basically:

If you want to be kept informed, make sure we have your correct email address.