Terms of Service
Last Updated : 02 January 2024
Introduction
Please carefully read these Terms of Service ("Terms") as they govern your use of the Dashboard and related services (collectively referred to as the "Services"). These Terms constitute a legally binding agreement between you ("User," "You," or "Your") and JDS Vanguard ("JDS Vanguard," "we," "our," or "us").
By accepting these Terms electronically, accessing or using the Services, or registering for an account with us, you are indicating that you have read, understood, and agreed to be bound by these Terms. JDS Vanguard is not obligated to notify you of changes to these Terms, and your continued use of the Services will constitute your acceptance of any modifications or changes.
Eligibility
By registering for an account, you represent and warrant that:
I. All information you provide is true, accurate, current, and complete.
II. You are of legal age to enter into a legally binding contract under applicable laws.
III. You have full legal capacity and the necessary authorizations to enter into these Terms, whether as an individual, legal entity, or organization.
IV. If you act as an agent of a legal entity and enter into these Terms on their behalf, you have the required rights and authorisations to bind that legal entity to these Terms.
V. Your use of the Services complies with all applicable laws and regulations, including those related to anti-money laundering, anti-corruption, and counter-terrorist financing.
The Services
JDS Vanguard provides a central dashboard ("Dashboard") that enables users to connect their trading accounts, test trading strategies, configure account parameters, and utilize proprietary Automated Trading Technology ("ATT") for automated trading.
Account
Account Registration
You must register for an account on the Dashboard to use the Services. During registration, you must provide your name (as shown on your government-issued ID), email address, password, and accept these Terms, along with any other applicable rules or policies. You agree to provide accurate and up-to-date information when registering for an account. JDS Vanguard reserves the right to refuse account creation at its sole discretion.
Account Setup
Each user may have one main account with multiple sub-accounts. Users are responsible for both the main account and all connected sub-accounts, which are subject to the same terms and conditions as the main account. Users can create Demo Accounts or connect existing Trading Accounts with different brokers. In the latter case, users must provide a valid form of ID and Proof of Address to verify their identity. JDS Vanguard is not responsible for the actions of the broker, whether advised or preferred by the user.
Account Security
JDS Vanguard is committed to maintaining the security of user accounts and has implemented industry-standard protection measures for the Dashboard. Users are responsible for keeping their access credentials (e.g., username and password) confidential and not disclosing them to third parties. Users are solely responsible for taking security measures to protect their accounts and personal information. JDS Vanguard assumes no liability for any consequences resulting from authorized or unauthorized use of account credentials.
Identity Verification
Users agree to share personal information as requested by JDS Vanguard for identity verification purposes, including compliance with anti-money laundering rules, terrorist financing prevention, and fraud prevention. Users further agree to allow JDS Vanguard to store this information for as long as their account remains active and for an additional 5 years after account closure or termination. Information requested may include, but is not limited to, name, email, address, date of birth, government ID, username, telephone number, and other identity-related information. Users must ensure the accuracy and authenticity of the provided information. JDS Vanguard reserves the right to cancel, suspend, or terminate services if the information provided is incomplete, incorrect, untruthful, outdated, or insufficient. Users must promptly update JDS Vanguard regarding any changes to their information.
Billing & Cancellation
Subscription Plan
To access the Services, you must purchase a Subscription Plan, which is offered at a fixed monthly and/or annual rate. Payment can be made using one or more accepted Payment Methods, as specified on the "Billing" page. Subscription fees will be automatically invoiced at the selected intervals.
By adding a Payment Method, you authorise us to initiate payments on your behalf, processed by TriPay Ltd via Stripe. Your payment details will be securely handled, and neither JDS Vanguard, TriPay nor Stripe will have access to your financial data.
Changes to the Subscription Plan and Price
JDS Vanguard reserves the right to modify subscription plans and prices. However, any changes will apply no earlier than 30 days following notice to users.
Commission for Services
Users agree to pay a commission for services every two weeks, based on the net profit earned during that period. Commissions can be settled either through the LPOA facility with certain brokers or by invoice via the Dashboard.
Failure to Pay Outstanding Invoices
If JDS Vanguard is unable to collect the monthly subscription fee and/or the Commission for Services within seven (7) days after it becomes due, you will receive a written warning requesting invoice settlement within two (2) days. If the invoice remains unsettled, access to the Dashboard will be limited to the Billing and Account View, and no new trades will be executed by the ATT. In such an event, these Terms of Service may be assigned to a third party company or its nominee to pursue legal action against you.
Cancellation
You may cancel your subscription at any time, and access to the service will continue until the end of your billing period. Payments are non-refundable, and no refunds or credits will be provided for partial subscription periods. To cancel, visit the "Billing" page and follow the provided instructions. Upon cancellation, your account will automatically close at the end of the current billing period.
Limitations, Warranties, and Indemnification
Disclaimer of Warranties
Except as expressly provided in writing by JDS Vanguard, our Services are provided on an "as-is" and "as-available" basis. We expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to our Services, including the information, content, and materials contained therein.
You acknowledge that information you store or transfer through our Services may become irretrievably lost, corrupted, or temporarily unavailable due to various causes, including software failures, third-party provider protocol changes, internet outages, force majeure events, and other factors beyond our control. You are solely responsible for backing up and maintaining duplicate copies of any information stored or transferred through our Services.
Limitation of Liability
To the fullest extent provided by law, JDS Vanguard, its licensors, employees, agents, officers, directors, providers, suppliers, partners, business partners, and creators of the Dashboard System shall not be liable for any damages of any kind, whether direct, indirect, special, incidental, consequential, or punitive, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the fullest extent permitted by applicable law, the aggregate liability of JDS Vanguard, its affiliates, licensors, service providers, employees, agents, officers, directors, and providers, whether in contract, warranty, tort, product liability, strict liability, or other theory, arising out of or relating to the use of our Services or these Terms, shall not exceed the transaction fees paid by you to JDS Vanguard during the three months immediately preceding the date of any claim.
Indemnification
You agree to defend, indemnify, and hold harmless JDS Vanguard, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, licensors, suppliers, providers, partners, business partners, creators of the Dashboard System, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to any third-party action, your violation of these Terms, or your use of the Services, including but not limited to your contributions, use of the Services' content, and products not expressly authorized in these Terms. JDS Vanguard may, at its discretion, control any action or proceeding against it.
Miscellaneous
Intellectual Property Rights
The entire contents, features, and functionality of the Dashboard and Services are owned by JDS Vanguard, its licensors, or other providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not licence, sell, rent, lease, transfer, publicly display, publicly perform, republish, download, store, transmit any of the material on our Services, or otherwise exploit the Dashboard and Services. You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Dashboard or Services.
No Financial Advice
JDS Vanguard does not provide investment advice, financial advice, or any advice of any kind. Any information or communication from JDS Vanguard should not be considered as such. You are solely responsible for your investment strategies and risks. We recommend seeking advice from legal or tax professionals. You have full control of your Account based on the parameters you set.
Compliance with Laws
You must comply with all applicable laws, regulations, statutes, and rules, including tax rules, and ensure that your use of our Services adheres to local, national, and international laws. JDS Vanguard will cooperate with relevant authorities and may freeze or terminate accounts not in compliance with applicable law.
Confidentiality
Both parties agree to keep confidential all information, whether technical or commercial, of a confidential nature related to the other party's business. Such Confidential Information shall only be used as necessary for the performance of these Terms of Service.
Entire Agreement
These Terms of Service constitute the entire agreement between you and JDS Vanguard regarding the use of the Dashboard and Services and supersede all prior understandings, agreements, representations, and warranties, both written and oral.
Force Majeure Events
JDS Vanguard shall not be liable for any delay or failure to perform its obligations, inaccuracy, error, delay in, or omission of any information, or any loss or damage resulting from events beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, pandemic, earthquake, acts of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications failure, power failure, equipment or software malfunction, or other causes beyond JDS Vanguard reasonable control.
Severability
If any portion of these Terms of Service is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Third-Party Content
By using our Dashboard and Services, you may access content provided by third parties (e.g., links to third-party websites). We do not endorse or control third-party content. You understand and agree that JDS Vanguard is not responsible for third-party content, including material that may be misleading, incomplete, erroneous, offensive, indecent, or objectionable. Any interactions between you and third parties are at your own risk and expense.
Your Contact Information
You are responsible for maintaining up-to-date contact information. JDS Vanguard may send you notices and communications using the contact information you provide. JDS Vanguard will be deemed to have provided notices/communication to you even if your information is incorrect, out-of-date, blocked by your service provider, or if you are otherwise unable to receive such notices/communication.
Communications
All required or permitted notices and communications under these Terms of Service may be delivered electronically to your email address as provided by you. JDS Vanguard is not obligated to send notices of changes to the Dashboard and Services or changes to the Terms of Service via electronic mail or other means. Your continued use of the Services signifies your acceptance of any changes or amendments to these Terms.