General terms and conditions
Last amendment: February 18th 2020
General Terms and Conditions FollowWeekly.com
Article 1 Definitions and terms
In these general terms and conditions, the terms below are explained as follows:
1.1 Name: FollowWeekly.com (for the sake of readability these general terms and conditions refer to “EWG”), having its registered office and place of business in Delft, the Netherlands and Registered in the Trade Register of the Chambers of Commerce under number: 24431093.
1.2. Offer: Any price offer made by EWG by means of publication on https://FollowWeekly.com/ or by any other means not specifically aimed at a particular subscriber and which can be accepted by means of notification on the Internet.
1.3 Subscriber: The natural or legal person with whom EWG concludes a subscription agreement.
1.4 Subscription agreement: Any agreement between EWG and a Subscriber which gives the Subscriber the right to access all or part of the website https://FollowWeekly.com/ for the duration of the contract. On this site and by e-mail, EWG will provide on a periodic basis (in principle on a weekly basis) general investment information on index options, also on the basis of technical analysis.
1.5 Index: An average of prices, a ratio that tells something about a certain quantity since a certain basic time. The state of the index depends on the number, type and weight of the components (e.g. shares, bonds, real estate, cost of living) that determine the index. An example is the Amsterdam Exchanges Index (AEX), the most important indicator, consisting of the 25 most important funds.
1.6 Leverage products: The most important characteristic of a leveraged product is that a small rise (fall) in the price of the underlying asset often results in a larger rise (fall) in the price of the leveraged product. Well-known leveraged products are options, futures, speeders, trackers and turbos.
1.6.1 Leverage: The phenomenon that the profit or loss on a financial contract (e.g. option or future) is large in percentage terms in relation to the investment. A small investment (option premium for options, initial margin for futures) can result in relatively large profits or losses.
1.6.2 Option: An agreement between two parties under which the buyer, against payment of a premium to the seller, acquires from the seller the right to buy or sell a particular item from him or her at a specified price for a specified period of time.
1.7 Technical Analysis: Technical analysis on the financial stock exchange is the study of actions on the financial stock exchange, mainly by means of graphs, with the aim of predicting future price trends.
1.7.1 Indicator: An indicator is a mathematical derivative of the (price) graph with the aim of assisting in determining the correct timing in price trends.
1.8 Website EWG: The website https://FollowWeekly.com/ including all other current and future digital products and services of EWG.
1.9 Subscription prices: The price of the subscription as referred to in Article 3 of these General Terms and Conditions.
Article 2 General
The General Terms and Conditions apply to all offers and quotations made by EWG, as well as to all subscription agreements concluded between EWG and a subscriber. General terms and conditions of the subscriber, or any other terms and conditions are not applicable. If a subscription agreement is concluded by two or more (legal) persons, each of them will be jointly and severally liable for the fulfilment of the obligations arising from the subscription agreement. Without EWG’s prior written consent, the subscriber will not be entitled to transfer his rights or obligations under the subscription contract to third parties. EWG is entitled to amend these General Terms and Conditions. The amended General Terms and Conditions will replace the present ones from the date of their publication.
Article 3 Quotations, offers and prices
All EWG offers and quotations are always once-only, without engagement and valid during the period mentioned in that offer or quotation. If a period is not explicitly mentioned, the offer or quotation is valid for 14 days. Offers can only be used if the subscriber was not a subscriber of EWG for three months prior to the offer in question. The subscription prices quoted by EWG are inclusive of turnover tax. EWG is entitled to increase its prices. Price increases will take effect each time from the next new term of the subscription agreement. Any increase in subscription prices will be published immediately on https://FollowWeekly.com/. The prices quoted in offers and quotations will not apply to the continuation of the subscription agreement, unless expressly stated otherwise by EWG.
Article 4 Commencement and duration
A Subscription Agreement will be concluded by written confirmation of the conclusion of the Subscription Agreement by EWG and after payment of the due subscription price by subscriber to EWG on the following Monday. In so far as Article 7:46d(1) of the Netherlands Civil Code would apply to the subscription contract between EWG and the subscriber, in view of the nature of the services to be provided by EWG to the subscriber, the cooling-off period provided for in this article may not be invoked by the subscriber. The subscription contract will be entered into for a duration of 1/4/12/26 or 52 weeks. The subscription agreement ends at the expiry of the agreed period by operation of law and will be tacitly extended by 12 weeks each time, unless subscriber has indicated in writing (may be by email) 1 week before the end of the subscription that he wishes to cancel the continuation of the subscription.
Article 5 Payment
Payment must be made within 14 days of the invoice date and in the manner indicated in the Offer or Quotation. If different payment options are offered by EWG, payment will be made according to the option chosen by the subscriber. The Subscriber, who is an entrepreneur in the sense of article 6:235 of the Dutch Civil Code, is explicitly not allowed to suspend payment of the subscription price or to set it off against any amount. EWG will not be in default by the mere late sending of an invoice. The mere fact that an invoice is not sent, or is sent late, by EWG will not constitute a waiver of EWG’s right to payment. The claim will be time-barred only in accordance with the law.
Article 6 Collection costs
If the subscriber is in default, all costs of judicial and extrajudicial collection of the amount owed, without further summons or notice of default, shall be borne by the subscriber. The extrajudicial collection costs are deemed to be at least 15% of the invoice amount ex VAT. If the subscriber is in default, he will owe EWG default interest of 1.5% per month on the invoice amounts due including VAT, without further summons or notice of default. The interest on the amount due will be calculated from the moment the default occurs until the moment of payment of the full amount due.
Article 7 Address and delivery details
The subscriber shall ensure that all data, which EWG indicates are necessary or which the subscriber should reasonably understand are necessary for the performance of the subscription contract, are provided to EWG in a timely manner. The risk of the accuracy and completeness of the information provided by the subscriber is entirely at the subscriber’s expense and risk.
Article 8 Delivery
EWG will take the utmost care to ensure timely and correct delivery. EWG reserves the right to modify the product in terms of content or appearance, frequency or method of distribution at any time it wishes. At the time of delivery, the subscriber will in any case be obliged to complain as soon as possible. Complaints may be made in writing. EWG takes the utmost care to ensure the accuracy, completeness, reliability, accuracy and topicality of the information it contains. However, EWG does not give any guarantee as to the accuracy, completeness, reliability or topicality of that information.
Article 9 Website https://FollowWeekly.com/
9.1 The right to get access to (the products of) FollowWeekly.com and to make use of the information included on the Website is highly personal for one user and can not be transferred to third parties, given in use, rented or in any other way given to third parties, or shared with third parties. For the purposes of this article, third parties do not include natural persons belonging to the subscriber’s family/private household who use the website for personal non-commercial purposes. Some services available through FollowWeekly.com are not included in the subscription price. If there are any additional costs associated with the use of a service, EWG will explicitly mention the cost thereof when registering for that service.
9.2. EWG can fulfil its best effort obligation only if the subscriber has at its disposal the necessary and appropriate computer and peripheral equipment and software. EWG will supply FollowWeekly.com or other derived products in the condition in which they are at the time of use by the subscriber, ‘with all defects and if available’. The risk of sufficient quality, performance and accuracy of connections and retrieved information lies with the subscriber. EWG does not give any guarantee regarding unhindered use, absence of hindrances, absence of retention rights, absence of infringement on intellectual property of third parties uninterrupted or faultless access to FollowWeekly.com, nor any other guarantee, which is not explicitly included in these General Terms and Conditions. EWG will maintain and secure the website with care. However, it cannot guarantee that no damage can be caused in any way to hardware or software of the subscriber by programming of third parties, which are spread through the internet outside the will and knowledge of EWG. It is the subscriber’s own responsibility to protect his hardware and software against the risks referred to above.
9.3 The subscriber must refrain from any use of https://FollowWeekly.com/ that is unlawful or harmful to the interests of EWG, suppliers, service providers or other users of FollowWeekly.com. In particular, the subscriber shall not use FollowWeekly.com in a way that could disable, overload, impair or negatively affect the user experience of any user of FollowWeekly.com. Except for personal use for non-commercial private purposes, it is not permitted, without the express written permission of EWG, to reproduce, distribute or make available to third parties, for a fee, the contents of the website. The prices mentioned in this information are valid as of the indicated time/date and do not constitute a guarantee that transactions can be carried out at this price. The (intellectual) property rights are in no way transferred to (legal) persons who gain access to this site. All privacy-sensitive data made available through the website will be treated in accordance with the law.
Article 10 Risks of investing
10.1 Subscribers are reminded that investments involve financial risks. In the case of options, you may lose even more than your investment. Subscribers should take a good look at the risks of investing. Subscribers are themselves responsible for their (investment) decisions. Visitors, readers and subscribers of EWG are themselves responsible for the way in which they make use of the information offered and the published investment ideas. Information and ideas are in no way an offer or investment advice. Information and ideas provided by EWG are in no way a substitute for expert advice. Visitors, readers and subscribers are expected to check for themselves the value of published investment ideas and their appropriateness to their risk profile and investment objectives. Director and/or employees of EWG may from time to time hold positions in the funds identified. Past performance is no guarantee of future performance.
10.2. EWG is not responsible for any loss and/or damage suffered by subscribers and visitors to the https://FollowWeekly.com/ website as a result of the use of the text/information/investment ideas posted by EWG on the https://FollowWeekly.com/ website or in the periodic mailing. EWG provides investment information in a general sense. The content of the https://FollowWeekly.com/ website is made available for information purposes only and does not constitute an invitation or an offer to buy or sell specific financial products from specific providers. EWG is not a provider of securities, options, Turbos or other financial products. EWG does not receive any remuneration from the funds it reports and does not maintain any relationship with the funds it reports. EWG has no relationship with any particular provider. EWG is not an intermediary or intermediary between subscriber and provider. Subscriber is free to decide with which provider a securities contract will be concluded. The subscriber acts independently with the concrete provider of securities, options, turbo’s or other financial products entirely at the subscriber’s own choice.
10.3. EWG is a signal provider. You are responsible for your own investment decisions. EWG will not compensate you for any losses and subscriber will not transfer any profits to EWG.
10.4. EWG is dependent on third parties for its investment information. In order to operate, the EWG requires price information. EWG is dependent on several suppliers for this price data. EWG cannot be held liable by subscriber for missing or incorrect price data for any reason whatsoever.
Article 11 Disputes
Disputes arising in connection with (the content of) the website https://FollowWeekly.com/, the investment signals given by EWG, whether or not via the website https://FollowWeekly.com/, and the agreements between EWG and its subscribers are governed by Dutch law. The competent court of the place of establishment of EWG has exclusive jurisdiction in the first instance to take cognisance of these disputes.
As of 25 May 2018, the new General Data Protection Regulation (GBR) will be in force. This regulation strengthens the protection of personal data and privacy for all persons within the European Union. The website https://FollowWeekly.com has been adapted to this legislation where necessary.
In addition, your data may serve as a basis for research into possibilities for further optimization of our services. In this context, the personal data will be anonymised and can then no longer be traced back to an individual person.
Respect for privacy is regarded as an essential condition for a dignified existence and as one of the foundations of our legal order. Everyone has the right to protection against the unrestrained collection, processing and dissemination of his personal data.
We endorse the above statement of the Dutch Data Protection Authority, responsible for independent compliance with the Personal Data Protection Act.
The Personal Data Protection Act stipulates that personal data may only be processed for specific purposes. We use the personal data provided by you for the following purposes:
For the preparation and execution of agreements between you and EWG (e.g. for subscriptions and trial subscriptions);
To be able to inform you about relevant products and services, including communication in the context of loyalty actions (e.g. newsletters);
For product development and obtaining information to optimize our services (e.g. in case of changes to our website);
To prevent, combat and deal with fraud.
We select our partners with great care. Any collaboration will always go hand in hand with great care for privacy. Unfortunately we cannot accept responsibility for the way in which these parties and/or institutions process anonymous or personal data. For further information, please contact the party or institution in question.
If we process personal data in order to interest you in our products and services, you can object to this at any time, free of charge. We will then terminate this processing immediately. Your requests and objections should be sent to: info@FollowWeekly.com.
The contents of this article are subject to change without notice. Therefore, please consult this information regularly so that you can always use our website while accepting the most up-to-date privacy rules.
The Website of EWG and Personal Data
EWG is the administrator of the website https://FollowWeekly.com/ (the “Website”). Your personal data will be used by EWG to provide you with the information, products and/or services offered on the Website and to enable you to make active use of our Website. It goes without saying that we respect and guarantee your privacy by complying with the Personal Data Protection Act. Emails from customers to EWG and responses are stored for a maximum of 7 years and then removed from the server. This is to be able to coach customers whereby it is useful for EWG to know which questions have been dealt with previously.
In addition, the law states that business operations must be retained for 7 years.
When will personal data be provided?
In principle you do not have to register with EWG when visiting the Website. If you wish to make use of certain services, such as receiving a publication, you do have to register with EWG. In that case EWG will ask you to provide certain data.
What personal data will be processed?
In principle you do not have to register with EWG when visiting the Website. If you wish to make use of certain services, such as receiving a publication, you do need to register with EWG. In that case EWG will ask you to provide certain data.
What personal data will be processed?
The personal data you will have to provide will depend on the service you wish to use. These may include your name, e-mail address and home address.
EWG collects the following personal data from its clients for the free newsletter: name and e-mail address. When an interested party has unsubscribed for this monthly newsletter, it will be removed from this database after some time.
EWG collects the following personal data from paying subscribers: name, address, postal code, city, country, e-mail address, telephone number. This information is needed by EWG in order to be able to provide you with the various services, including billing and mailing of e-mails and other mailings, including newsletters. EWG will not make these data available to third parties. In principle, no more data will be recorded than is necessary for a particular service.
Purposes of data processing
EWG processes personal data in order to enable users, who make use of the information, products and/or services offered on or via the website, to make active use of the website, taking into account the personal preferences and interests of users and to supply them with the information, products and/or services offered on or via the website. The data will be processed in accordance with the law, in a proper and careful manner, and will not be further processed in a way incompatible with the purposes for which EWG obtained them. In addition to the above, EWG will process your personal data for the purposes set out below.
EWG keeps track of which topics or applications users are interested in by, among other things, checking which topics on the website are most frequently visited. This data is processed on an aggregated and anonymous basis for use by EWG. For example, you can think of comparative research data, such as “users who read articles about asset management are often also interested in price information”. Based on this data, certain profiles are formulated, which allows EWG to best identify which topics of the website are most interesting to users and which groups of users consult the website most, which allows EWG to improve and expand the website and to better focus the website on the interests of users. Since the data processed for this purpose is anonymised, there is no personal data after anonymisation. Your privacy is therefore guaranteed.
If you use information, products and/or services offered on or via the website which require you to register with EWG, EWG may sometimes send you information about other EWG products and/or services which may be of interest to you. You always have the right to request EWG to stop sending you such information by sending a message to info@FollowWeekly.com. Under no circumstances will EWG provide your personal data to third parties for their marketing activities without your explicit consent.
Security measures concerning personal data
EWG shall ensure appropriate technical and organisational measures to protect personal data against loss or against any unlawful processing.
The user has the right to retrieve information concerning his or her personal data processed by EWG and may subsequently do so:
supplement these data;
rectify these data;
have these data deleted;
have these data blocked;
if they are factually incorrect for the purpose or purposes of the processing incomplete or irrelevant or otherwise processed in violation of a statutory provision.
How these rights can be exercised
EWG reserves the right to amend this privacy statement. Changes will be published on https://FollowWeekly.com/.
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