Terms of Use for Emini-Watch.com

Last updated: April 2025

Acceptance and Eligibility

Acceptance: By using our Website (whether through browsing, downloading files, subscribing, or purchasing products/Services), you agree to these Terms. We may update these Terms from time to time without prior notice. It is your responsibility to review them regularly.

Minimum Age: You must be at least 18 years old to use our Website or purchase any products or Services.

Definitions

For clarity, here are key definitions used throughout these Terms:

• Content: Any digital or physical materials, systems, strategies, videos, links, words, images, or information available on or through our Website.
• Intellectual Property: This includes all software, source code, trade secrets, patents (registered or unregistered), trademarks, logos, graphics, designs, and any other proprietary material found on this Website.
• Payment Period: A 30-day period during which your subscription is active, automatically renewing at the end of each period.
• Services: The software, subscription services, and trading indicators provided through the Website.
• Subscriber: A person who subscribes to our Services.
• The Website: Refers to Emini-Watch.com.
• Emini-Watch, We, Our, Us: Refers to Barry Taylor International Pty Ltd, including all its directors, employees, contractors, and affiliates.
• You: Refers to any visitor, user, or Subscriber of the Website.

Using Our Website and Trading Information

Information Purpose: Emini-Watch.com is an informational resource. We share facts, insights, and ideas for you to consider in your personal or business trading. We do not know your individual financial circumstances and do not offer personalized investment advice.

Trading Disclaimers:

• All trading Content is for informational purposes only.
• No recommendations are made to buy, sell, or hold any securities.
• Trading futures, securities, or other financial instruments involves high risk. You are responsible for your own trading decisions.
• Past performance or hypothetical results do not guarantee future outcomes.

Professional Advice: We advise you to speak with a professional advisor before acting on any information from our Website.

Subscription and Payment Terms

Subscription Details

Registration and Payments: To access our Services, you must register and pay a monthly subscription fee in advance. Your fee is automatically deducted every Payment Period from the payment method you provide.

No Refunds: Once a Payment Period begins, fees are non-refundable – even if you cancel before the Payment Period ends.

Payment Failures: If payment is not received, we may suspend your access to the Services until full payment is made. We are not liable for any losses or inconveniences that may result from Service suspension.

Purchases and Product Purchases

One-Time Purchases: Some products (like software code, indicators, systems, or strategies) are available for a one-time purchase. You are responsible for backing up and safeguarding these digital products and any associated passwords, as we do not offer replacements unless we choose to do so (and may charge a fee for any replacement).

No Guarantee for Permanent Support: We do not warrant that updates (including recompiled code for new versions of charting platforms) or technical support will continue indefinitely.

Account and Subscriber Responsibilities

Account Security: You are responsible for keeping your login credentials secure. Do not share your password or other login details with anyone.

Accurate Information: All information you provide during registration must be accurate and up-to-date. If your payment or contact details change, you must update your account.

Access and Sharing Restrictions: You agree not to transfer, sublicense, or grant access to our Services to any other person or company. If you are in the business of selling trading indicators or similar tools, you are not permitted to use our products or Services.

Cancellation, Refunds, and Termination

How to Cancel: You are responsible for canceling your subscription before the next Payment Period begins. Cancellation must be done via your online account or by contacting us directly.

No Partial Refunds: There are no refunds for any portion of a Payment Period once billing has occurred.

Our Right to Terminate: We may suspend or terminate your access to the Website or Services at any time, with or without notice, for any reason – including if you breach these Terms or engage in fraudulent or abusive behavior.

After Termination: Upon termination, your data will be deleted permanently, and your right to use the Website ceases immediately. We are not liable for any data or Content you lose upon termination.

Modifications, Updates, and Content Use

Website Changes: We reserve the right to remove, alter, or update any Content on our Website at any time without notice. This includes updates to software, indicators, and trading strategies.

Fees for Upgrades: If updates or upgrades to our Services require additional fees, we will notify you in advance. You may choose to cancel your subscription if you do not wish to pay for an upgrade.

Product & Service Continuity: We reserve the right to withdraw from sale any software code, indicators, systems or strategies at any time. In addition, we reserve the right to cease updates of the Website and its Contents at any time and without notice. We are not responsible for any direct or indirect loss or damage as a result, including but not limited to loss of revenue or profits.

Third-Party Services: Our Website uses third-party vendors and hosting partners. We are not responsible for issues arising from these third-party services.

User Responsibility for Data: You are responsible for backing up and storing any data, charts, or trading tools you access on our Website. We are not liable for any loss of data.

Intellectual Property Rights

Ownership: All custom graphics, logos, software code, trading indicators, strategies, and any other materials on the Website are the exclusive property of Emini-Watch.com and are protected by copyright and trademark laws.

Usage Restrictions: You may not share, reproduce, modify, or distribute any Content from our Website without our written permission. This includes incorporating our Content into your own commercial software, products, or services.

Limited Distribution Permission: You may only distribute charts and examples of the Emini-Watch.com indicators, systems and strategies if you acknowledge Emini-Watch.com.

Paid Content Restrictions: If you purchase or pay a monthly subscription for any materials from Emini-Watch.com, you are expressly forbidden from copying, sharing, distributing, transmitting, transferring, uploading, selling, licensing, white labelling, rebranding, reproducing, republishing, or unlocking them.

Enforcement: We reserve the right to block anyone from accessing our Website and its Content.

Liability and Indemnification

Limitation of Liability: We are not responsible for any direct, indirect, or consequential losses or damages resulting from your use of our Website or Services. This includes loss of profit, data, or any other harm that may arise – even if we have been advised of such risks.

Your Risk: The availability of our Website and Services is provided “as is” and on an “as available” basis. You use our Website and Services at your own risk, and any reliance on our Content is your sole responsibility.

Statutory Rights: Nothing in these Terms excludes your legal rights under laws such as the Australian Consumer Law (ACL). To the extent permitted by law, our total liability is limited to the cost of your last payment or AUD 100, whichever is less.

Indemnification: You agree to indemnify and hold harmless Emini-Watch.com (and its affiliates, directors, employees, and agents) from any claims, losses, or damages arising from your breach of these Terms or your use of our Website.

Links to Other Websites

Our Website may include links to external websites for your convenience. These links do not imply sponsorship, endorsement, or an association with the linked sites. We are not responsible for the content or privacy practices of third-party websites.

Entire Agreement and Amendments

Entire Agreement: These Terms, along with our Disclaimer and Privacy Policy, form the entire agreement between you and Emini-Watch.com regarding your use of the Website. No additional terms will apply unless required by applicable law.

Modifications: We may change these Terms at any time without notice. It is your responsibility to review the Terms regularly. Continued use of the Website means you accept any changes.

Exclusion of Unenforceable Terms: If any provision of these Terms is found to be illegal or unenforceable in any jurisdiction, that provision will be removed, but the remainder of the Terms will remain in full effect.

Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. By using the Website, you agree to submit to the exclusive jurisdiction of the courts in New South Wales to resolve any disputes related to these Terms.