Terms & Conditions
Terms of Service
- Legal Information
The website www.winsmart.com (hereinafter the “Site”) is operated by Anadisis Smart Single Member SA, a Greek Company, under number 152468701000, whose registered office located at Ploutarchou 21, Thesi Vakalopoulo, Kato Harvati, Pallini 15351 (hereinafter the “Winsmart”).
The “Site” provides its service, subject to the following Terms of Service, which may be updated by the “Site” or its representatives from time to time. The most current version can be reviewed at any time through the use of our website (www.winsmart.com).
- Description of Service
The “Site” provides Members with access to a rich collection of resources, including, various strategy tools, forums, file areas, analytics, statistics and personalized content through its online interface (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms and Conditions.
Client is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Client is responsible for those fees. In addition, Client must provide and is responsible for all equipment necessary to access the Service.
Clients may choose between three available Members Packages: Basic, Premium, Advance.
You may find all kind of details regarding the Fees and the Duration of each Package and the Services in https://www.winsmart.com/#pricing Client upon registering a Membership Package then follows a 5-step procedure. First of all, Clients create a strategy by following the steps in the field “Create your strategy”. Afterwards, Clients take a “back test” in order to find out what results they would have had in the past if they had followed the same strategy. In the next step Clients go through a “cluster” to “filter” their strategy. Once the Strategy is finalized, they need to choose the appropriate “Money Management” to support their Strategy Plan. Clients follow a specific strategy, the results of which are appeared at the same time.
For any kind of Support or clarifications regarding the Terms of the Service you may contact Our Customer Service Department via email at firstname.lastname@example.org .
- Obligations / Restrictions for Users
In connection with using or accessing our Services you will not:
- breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems
- transfer your Winsmart Membership account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the “Site” or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Winsmart;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Winsmart. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Winsmart or someone else;
- commercialize any Winsmart application or any information or software associated with such application, except with the prior express permission of Winsmart;
- circumvent any technical measures used to provide our Services.
Client agrees to indemnify and hold the “Site” and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Content Client submits, posts, transmits or makes available through the Service, or breach of the Terms of Service.
- Winsmart may require you to register to use the Service. You hereby acknowledge that when you complete the registration procedures or otherwise use the Service in such a manner as permitted by Winsmart, you represent and warrant that you meet all the requirements under this Agreement and are in full compliance with applicable laws. Please keep your account and password information private. You undertake to notify Winsmart immediately if your password or account is used without authorization or in case of any other security incident, and except for otherwise stipulated by laws, you agree and acknowledge that Winsmart will not be liable for any direct or indirect loss or damages caused under such circumstance. Unless allowed under applicable laws or judicial rulings and expressly approved by Winsmart, your account name and password may not be assigned, bestowed or inherited in any manner. You agree to immediately notify Winsmart of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
- Winsmart may change, suspend or discontinue any aspect of the Service at any time. Winsmart may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice. You agree that Winsmart or its affiliates will not be liable to you or any third-party as a result of its termination of your access to the Service. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
- You represent and warrant that if you are an individual, you are at least 18 years old.
- User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
- Online Payment: Users may select an online payment processing method that is provided by third party providers, such as Vivawallet and Safecharge/Nuvei
- When you subscribe to Winsmart, you may opt for automatic renewal of your subscription. Your subscription will automatically renew and you will be charged for the next billing period at the start of each period billing cycle. If you want to cancel your subscription, you must cancel through Winsmart Customer Service before the end of your current billing cycle to avoid being charged for the following billing period. Your subscription cancellation will be effective at the end of the current billing cycle. You will have access to your subscription content until the end of the billing cycle. After your subscription has been canceled, you will no longer have access to your Winsmart subscription content. Once the subscription fee has been charged at the start of a new billing cycle, that charge is final. Kindly contact Winsmart Customer Service if there are any problems with your subscription.
- Refund policy – After you subscribe to Winsmart, you may opt for a refund and cancelation of your subscription, under the following conditions: – Refunds must be requested within the first 2 working days from the original purchase, by contacting us at email@example.com.
– The request for a refund has to be accompanied by a statement detailing the reasons you opted for a refund: e.g. the website was offline
– If approved, the refund will be issued in 2 working days via one of our available payment methods and the subscription will be cancelled at the time the refund was approved via email, by our Customer Support operators
– If a customer is found abusing our Terms and Conditions, we reserve the right to immediately terminate all linked accounts without any prior notice, and no refund will be made.
– We reserve the right to decline all requests for refunds or early cancellations if any of the above conditions are not adequately met. This will be at our sole discretion.
- DISCLAIMER OF WARRANTIES
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT:
**CLIENT’S USE OF THE SERVICE IS AT ITS SOLE RISK TO THE EXTENT PERMITTED BY LAW. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND ITS REPRESENTATIVES, DIRECTORS, EMPLOYEES, AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
**THE SITE, THE COMPANY, THEIR SUBSIDIARIES, THEIR PARENTS AND ALL AFFILIATED COMPANIES AND ITS DIRECTORS, EMPLOYEES, AGENTS AND ALL KIND OF REPRESENTATIVES MAKE NO WARRANTY THAT (i) THE SERVICE AND INFORMATION RECEIVED THROUGH THE SERVICE WILL MEET CLIENT’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (v) OF THE CORRECTNESS OF INFORMATION DELIVERED (vi) ANY PROFIT WILL ARISE FROM THE USAGE OF THE SERVICE.
**ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEMS AND NETWORKS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, VIEWING OR USE OF ANY SUCH MATERIAL.
***THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), SERVICE LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PACKAGES, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE COMPANY SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE COMPANY SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE MONTH PRIOR TO SUCH CAUSE OR CLAIM. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED. THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE TO CLIENT OR TO THIRD PARTIES FOR LOSSES INCUREED BY THE USAGE OF THE SERVICES AND OR BY FOLLOWING ANY MEMBERSHIP GUIDELINES AND PROPOSALS.
*** THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE TO CLIENT OR TO THIRD PARTIES FOR LOSSES INCUREED DIRECTLY OR INDIRECTLY BY CAUSES REASONABLY BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, SEVERE WEATHER CONDITIONS, WARS, STRIKES, TERRORIST ATTACKS, EXCHANGE OR MARKET RULINGS, INTERRUPTIONS OF DATA PROCESSING SERVICES OR COMMUNICATIONS, DISRUPTIONS IN ORDERLY BETTING ON ANY MARKET OR EXCHANGE, UNAUTHORIZED ACCESS OR OPERATOR ERRORS
- All trademarks, service marks, trade names or other words or symbols (“Marks”) identifying the “Site” and its representatives will remain such Party’s exclusive property. Client agrees not to take any action that jeopardizes the other Party’s proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any Winsmart’s logo, or the logos of their representatives is granted in this section.
- The “Site” and its representatives respect the intellectual property of others, and requires Clients to do the same. If Client believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please Contact Winsmart. Upon receipt of a claim, the “Site and its representatives, at its sole discretion, may perform an investigation and may take appropriate action if it desires.
- GOVERNING LAW
Your use of the Company Service is governed by and will be enforced under the laws of the Greece without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within this stated Jurisdiction. Any controversy, claim, suit, injury or damage arising from or in any way related to the Company Service or these Terms of Service shall be settled by binding arbitration in accordance with the arbitration rules of Greece then in effect and before an arbitrator chosen by Company and an arbitrator chosen by you. Company may seek any interim or preliminary relief from a court of competent jurisdiction in Greece necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.