TERMS OF SERVICE
As of September 1, 2022
The following are the terms and conditions with regard to your subscription for services at www.joefx.com provided by Joesen Chen as an online information platform (hereinafter as “we,” “us”, “our”, or “JOEFX”). Once becoming a subscriber of JOEFX, you are bound by all the terms and conditions hereunder, and you can enjoy services, consisting of information services and contents respectively for the subscribers (“Services”), offered through JOEFX.
Please read through the following terms and conditions before you accept to be a subscriber. Please note that we may revise and update these Terms of Service from time to time at our discretion. If we make material changes to these Terms of Service, we will notify you by email or by posting a public notice on our website prior to the effective date of the changes. These Terms of Service are to ensure that you will use the Services only in the ways in which we intend for it to be used.
Section 1. Interpretation
1.1 “Subscriber” shall mean the registered member or subscriber for the services provided by JOEFX.
1.2 “Services” shall mean the services, consisting of information services and contents respectively for the Subscribers, provided by JOEFX to its Subscribers via its website and/or email and/or other affiliated digital channels designated by JOEFX from time to time.
1.3 “Service Fee” shall have the meaning under Clause 2.2 below.
1.4 In these Terms of Service, the following rules of interpretation apply unless the contrary intention appears:
a) headings are for convenience only and do not affect the interpretation of these Terms of Service;
b) the singular includes the plural and vice versa;
c) words that are gender neutral or gender specific include each gender;
d) the words “such as”, “including”, “particularly” and similar expressions are not used as, nor are intended to be interpreted as, words of limitation;
e) a clause, term, party, schedule or attachment is a reference to a clause or term of, or party, schedule or attachment to these Terms of Service.
Section 2. Subscribed Services
2.1 JOEFX shall provide Services respectively to Subscribers by way of internet or other electronic devices. Subscriber/you shall ensure and be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment or instruments needed for access to and use of the subscribed Services and all charges and expenses related thereto. The right to use Services is personal to each Subscriber and shall not be transferable to or shared with another person or entity.
2.2 In consideration of JOEFX’s provision of the Services, you agree and undertake (i) to pay all charges for the Services (“Service Fee”) as imposed by JOEFX from time to time and when due; (ii) to provide accurate and complete personal information of Subscriber as required by JOEFX; and (iii) to maintain the said personal information updated complete and accurate and if necessary to have the same updated. If you provide wrong, inaccurate, outdated, incomplete or misleading information or if JOEFX has reason to suspect the same to be wrong, inaccurate, outdated, incomplete or misleading, JOEFX has the right to refuse applications for the Services or to suspend or discontinue or terminate the Services without notice or incurring any liability towards you or any persons, and the paid Service Fee will not be refunded.
2.3 You shall also pay the said Service Fee when it is due and payable from time to time by online wire transfer, cash, cheque, or credit card, at FOEFX’s discretion. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates). You hereby authorize JOEFX to debit your credit card (or other payment accounts as applicable) as provided by you at your initial subscription for settlement of the said subsequent Service Fee, which may become due from time to time, and you agree to complete or execute all necessary documents to effect such auto settlement. You also agree that all Service Fee or any part thereof paid shall not be refundable for any reasons whatsoever, unless we decide otherwise.
2.4 The Service Fee is exclusive of any applicable taxes or duties, including VAT and GST (collectively, “Taxes”), unless otherwise specified.
2.5 Your ability to access the Services begins on the date you pay the applicable Service Fee and applicable Taxes (if any) and continues on a quarterly or monthly basis, depending on the specific Services you have purchased.
2.6 You may opt for recurring payment for the Service Fee and applicable Taxes (if any), which will allow for automatically charging you for the subscribed Services on a quarterly or monthly schedule. Such recurring payment will continue for as long as you stay as a Subscriber.
2.7 The Services are limited for personal use by you as a Subscriber only. Save with JOEFX’s prior written consent, you shall not copy, duplicate, transfer or assign or sell or make or cause commercial use of the Services or the contents thereof. We reserve the right to terminate the Services provided to you without notice should you be in breach of this clause.
Section 3. Login Security
3.1 You must retain your login name and password for access to the JOEFX account. You are entirely responsible for maintaining the confidentiality of your login name, password and any other information of your JOEFX account. You are also entirely responsible for any and all activities and conducts that occur under your account.
3.2 You may change your password at any time. You hereby agree to immediately notify JOEFX of any unauthorized use of your account or any other breach of security known to you. For better security, JOEFX highly recommends that you change your password regularly.
Section 4. Amendment and Termination
4.1 JOEFX may change amend or revise these Terms of Service from time to time including but not limited to amendment to the said Service Fee (including its payment method and schedule). Such changes, additions or deletions shall be effective immediately upon the giving of notice by JOEFX by whatever means that JOEFX may think fit, including but not limited to posting on www.joefx.com, or by any other communication means by which you may have notice thereof. Any use of Services by you after such notice shall be deemed to constitute acceptance by you of such changes, additions or deletions.
4.2 Notwithstanding the foregoing, JOEFX may without giving any prior notice to you:
a) modify suspend and/or terminate any or all of the Services;
b) deactivate any or all of the Services in order to carry out system maintenance, upgrading testing and/or repairs;
c) restrict or suspend use and access by you to any or all of the Services in the circumstances that JOEFX is of opinion that you have been in breach of any of the Terms of Service or such action is found by JOEFX appropriate, desirable or necessary.
4.3 All Subscribers shall have no right to modify or early terminate the Services.
Section 5. Intellectual Property
5.1 The content contained in this JOEFX website, or any material provided to you as part of the Services, including but not limited to all design, text, sound recordings, and images, shall be owned, except as otherwise expressly stated, by us (or the applicable licensor). Except as otherwise expressly stated herein or to the extent permitted by law, the content may not be copied, transmitted, displayed, performed, distributed, licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without JOEFX’s prior written consent. You may be permitted to view and download certain material posted on this JOEFX website. You may also be permitted to view and download certain material sent to you via email from JOEFX. When using downloadable materials, all copyright, trademark, and other proprietary notices must be kept intact and remain in effect.
5.2 The trademarks, service marks, trade names, and logos (collectively, “Marks”) associated with this JOEFX website are owned by JOEFX, or third parties who have authorized their use. No license or right to use any Marks displayed on the JOEFX website without the written permission of JOEFX, or such third party that may own the Marks, shall be deemed granted to you. Misuse of any Marks, or any other content, displayed on this JOEFX website is prohibited.
5.3 You may not copy, reproduce, distribute, or create derivative works from the content without expressly being authorized to do so by JOEFX.
Section 6. Links to other Sites
6.1 If there are other websites and resources linked to on the Services, these links are provided only for the convenience of our Subscribers. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them.
6.2 If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources.
Section 7. Disclaimer and Limitation of Liability
7.1 The Services may contain information, including, without limitation, statements and statistics, that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific markets, investment portfolios, and securities of any kind do not constitute a solicitation, or an offer, to buy or sell any stock or financial products, and are not intended to constitute investment advice or trading strategy of any kind. The Services are not prepared with regard to the specific investment objectives, financial situation, and particular needs of any particular investor. The past performance of an investment or investment strategy cannot guarantee its future performance.
7.2 JOEFX makes no representations about the suitability of the content of this JOEFX website and the Services for any purpose. All content is provided “as is” without any warranty of any kind, express or implied. All implied warranties of merchantability, title, non-infringement and fitness for a particular purpose are hereby disclaimed by JOEFX. You agree that we will not be liable to anyone with respect to any damages, loss or claim whatsoever, no matter how occasioned, in connection with access to or use of this JOEFX website and the Services. In no event shall JOEFX be liable for any special, indirect, exemplary or consequential damages or any damages whatsoever, including but not limited to loss of use, data or profits, without regard to the form of any action including but not limited to contract or negligence or other tortious actions, arising out of or in connection with the use, copying or display of the content.
7.3 We disclaim any liability for any of losses of or damages due to our failure to perform any undertakings or provide any of the Services attributable to any events or circumstances beyond our control (including but not limited to delay or error in transmission of any content) or any implementation or amendments of the applicable laws, conventions and regulations or restrictions imposed by the government or relevant authorities, or fires, rainstorms, typhoons, thunders, earth quakes, riots, wars or any other natural disasters.
Section 8. Indemnity
8.1 You shall indemnify and hold JOEFX, its website owner, affiliates, officers, agents, employees, contractors, advertisers or representatives indemnified against any claims losses damages (actual and consequential), suits, judgments, litigation costs and liabilities or expenses whatsoever in nature made by any third party due to or arising out of your use of the Services, your violation of these Terms of Service, your action resulting in infringement of any intellectual property rights and other rights of any person or entity.
Section 9. Governing Law and Dispute Resolution
9.1 These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, excluding its conflicts of law rules.
9.2 The parties hereto agree to submit to the exclusive jurisdiction of courts of New Jersey for the resolution of any disputes that cannot be resolved amicably between the parties.
Section 10. Miscellaneous
10.1 These Terms of Service shall constitute the sole and entire agreement between you and JOEFX with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
10.2 No waiver of these Terms of Service by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
10.3 If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
10.4 Any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
10.5 We value every Subscriber. Hope you enjoy using our Services.