and information on distance selling and the conclusion of contracts in electronic commerce.
The following document also contains legal information on your rights under the regulations on distance contracts and electronic commerce.
As of: February 2024
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the relationship between adblue financial systems GmbH (hereinafter referred to as "adblue" or "we") with its registered office at Josef-Orlopp-Str. 42, 10365 Berlin, Germany and registration in the District Court of Berlin Charlottenburg, registration number: HRB 80729, legally represented by the managing director: Göksen Ince as operator of the online portal https://www.trademaster.com and its contractual partners and potential contractual partners (hereinafter referred to as "Customer" or "you").
2.1 The following General Terms and Conditions apply exclusively to the business relationships between adblue financial systems GmbH and its contractual partners. The GTC apply to all services, online courses and offers of adblue (hereinafter referred to as "service offer"), unless a different contractual provision has been made.
2.2 Any general terms and conditions of the customer shall only apply if and to the extent that adblue expressly acknowledges them in writing. In particular, adblue's silence about such deviating terms and conditions shall not be considered as recognition or approval, nor as future contracts.
2.3 Insofar as individual agreements have been made with the customer in individual cases, these shall take precedence over these GTC. The content of such agreements is regulated by a written contract or the written confirmation of adblue.
3.1 adblue offers fee-based memberships that include digital content, e.g. e-learning content, market analyses, information offers or media downloads, and download options for automated trading using automatic trading systems (also known as Expert Advisors or Trading Robots). Based on this information, the Client is able to make a selection of suitable automated trading systems and download them from the Website. In addition, adblue arranges other offers provided by third-party providers.
3.2 The services offered on the adblue website are expressly not aimed at persons in countries that prohibit the provision or access of the content posted therein, in particular not at persons within the meaning of Regulation S of the US Securities Act 1933 of the USA as well as Internet users in Canada and Japan. Persons who are subject to such restrictions may not enter into a contractual relationship with adblue. If in doubt, contact adblue.
3.3 We reserve the right to conclude contracts exclusively with customers who have reached the age of 18. No contracts are concluded with persons acting on behalf of third parties, such as asset managers or so-called "managed accounts".
3.4 The e-learning content contained in the range of services and the further advisory support is initially designed for 12 months. The customer is free to use the offered e-learning content at will and with unlimited frequency.
3.5 The offered programs and strategies are valid exclusively for live and demo accounts of the MetaTrader 4 trading platform.
3.6 The content of adblue's services is based exclusively on sources that adblue considers to be credible and has been compiled with due care. adblue expressly assumes no liability for the success of the investment or investment. The customer is obliged to cooperate within the framework of the contractual relationship. He will provide the necessary cooperation actions without delay upon first request from us.
3.7 Expert advisors (or algorithms or AI algorithms) provided by TradeMaster are optional services. They are neither required nor encouraged to be used for successfully learning how to trade currencies. This optional service is offered to TradeMaster students at a discounted price by one of our business partners, a fintech company developing trading algorithms among other products and services. By accepting our partners' (algorithm providers, copytrade solution providers, signal providers) discounted service offers, you permit us a limited access to verify that the transaction for said service is complete, so that we can confirm TradeMaster's affiliate obligations with the partner are fulfilled.
4.1 Depending on the selected payment option, the contract is concluded as follows:
4.2 Regardless of our acceptance, we will confirm receipt of the offer immediately by e-mail. Please note that the confirmation of receipt is not yet our acceptance.
4.3 Our services are also distributed by authorized partners and third-party providers in their own name (e.g. Copecart, etc). When booking/concluding a contract with a third-party provider/sales partner, only its terms and conditions apply. adblue is not responsible for the actions of distributors/third-party providers.
4.4 If services are advertised by us, but a contract is concluded via a third-party provider/sales partner, the third-party provider/sales partner is solely responsible for the respective offer.
If the service offer includes a test phase or adblue provides guest access, the customer is not obliged to pay a fee when he first subscribes to this service offer. The test phase begins with receipt of the access data for the service offer. During the test phase, the customer can test the range of services extensively. If the customer does not cancel during the test phase, the contractual relationship between the customer and adblue automatically becomes a fee-based membership (see "II GTC, 3rd Start, Term and End of Contracts").
6.1 By purchasing our range of services, the customer undertakes, on the one hand, to provide truthful and complete necessary data. Accordingly, adblue must also be informed of changes to personal data. This is done by e-mail or by post. On the other hand, the customer undertakes to pay the agreed price.
6.2 The customer is obliged to cooperate within the framework of the contractual relationship. He will provide the necessary cooperation actions without delay upon first request from us.
6.3 adblue undertakes to deliver the agreed scope of services, which can be found in the service description on our website. However, we reserve the right to change the information offered at our own discretion – to expand, supplement or otherwise. It is the customer's responsibility to ensure that the technical requirements for proper use are met.
The right of withdrawal listed below is available to our customers who are consumers within the meaning of § 13 BGB.
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (adblue financial systems GmbH, Josef-Orlopp-Str. 42, 10365 Berlin, service@adblue.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The right of withdrawal expires prematurely if we have provided the service in full and have only started to perform the service after you have given your express consent to do so and at the same time have confirmed your knowledge that you will lose your right of withdrawal if we have fully fulfilled the contract.
(If you wish to withdraw from the contract, please use this form by filling it out and returning it to us.)
At
adblue financial systems GmbH
Josef-Orlopp-Str. 42
10365 Berlin
service@adblue.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods:
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(Name of the goods, order number and price if applicable)
Ordered on (*)/received on (*)
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Date
Name of consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if notified on paper)
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Date
(*) Delete what is inappropriate
The right of revocation in the case of consumer contracts for digital content expires pursuant to Section 356 (5) of the German Civil Code (BGB) if the customer agrees that adblue will commence the execution of the contract before the expiry of the revocation period and if the customer has confirmed his knowledge that he loses his right of revocation by his consent at the beginning of the execution of the contract.
8.1 The text of the contract is stored by us, but can no longer be retrieved from us after completion of the order process. However, upon our acceptance, the customer will receive the text of the contract by e-mail. This can be printed out and/or archived at the customer's premises.
8.2 The contract shall be concluded exclusively in German. Before submitting your order, i.e. before clicking on the "Buy for a fee" button, you will be given the opportunity to recognize and correct input errors. Please check your selection carefully before completing the ordering process.
Unless otherwise stated, a suitable end device and access to the Internet are required to use the range of services.
As of February 2024
The following conditions apply to all orders placed through the website https://www.trademaster.com
1.1 The amount of the contract fee to be paid is based on the prices stated at the time of conclusion of the contract. Included are accompanying materials to the extent specified in the service description ("range of services").
1.2 All prices are in EURO including VAT at the statutory rate.
1.3 adblue will always issue an invoice to the customer. When booking via the online shop, adblue is entitled to send the invoice as a pdf file by e-mail.
2.1 Payment for the services offered shall be made by invoice payment. After completing the ordering process, the customer will receive an invoice by e-mail from adblue.
2.2 If the customer grants adblue a SEPA mandate, payment will be made by direct debit from the bank account specified therein.
2.3 The agreed fee is due for payment upon receipt of the invoice by the customer. A Direct Debit will be collected ten (10) days after the invoice date. The period for pre-notification will be reduced to five (5) days. The Client undertakes to ensure that his specified account is covered.
2.4 The form of invoicing is at the discretion of adblue, in particular electronic invoicing is also permitted.
2.5 When booking / concluding a contract with a third-party provider/sales partner (e.g. Copecart, etc.), only its terms and conditions apply.
3.1 The contracts are concluded for a fixed term of at least 12 months, which begins with the conclusion of the contract, unless a different contract term results from the range of services, for example through a test phase. The notice period is 4 weeks to the end of the contract. If you do not cancel at least 4 weeks before the end of the term, the contract will be extended for another 12 months. Notices of termination must be in writing in order to be effective.
3.2 Early / free termination rights of the customer within the contract term are excluded.
4.1 The right to terminate the contract extraordinarily for good cause remains unaffected.
4.2 Good cause exists in particular if the customer attempts to circumvent or overcome devices that adblue has set up to protect against the use of service offers beyond the contractually permissible scope or has repeatedly significantly violated the granted rights of use and does not refrain from this behavior despite a warning from adblue.
adblue is entitled to block access to the services provided after the termination of the contractual relationship with the customer, in particular at the end of the test phase.
6.1 The warranty for defects is based on the statutory provisions, modified by the following provisions: adblue will plan and implement the service offers with the expected care. adblue does not guarantee the correctness, completeness and accuracy of the services offered in terms of content or the occurrence of any purpose or success pursued by the customer with the use of the services.
6.2 The product descriptions of the service offers contained in the respective descriptions or otherwise made known to the customer in connection with the conclusion of the contract do not constitute a guarantee or assurance of characteristics.
6.3 The customer has a right of termination pursuant to Section 543 (2) sentence 1 of the German Civil Code (BGB) due to non-granting of use only in the event that adblue has not remedied the defect within a reasonable period of time or the remedy of the defect is to be regarded as having failed.
6.4 The customer is only entitled to claims for damages due to defects if liability is not excluded or limited in accordance with the following provisions.
7.1 We shall be liable without limitation for damages resulting from injury to life, limb or health that are based on our breach of duty, our legal representative or vicarious agent, as well as for damages caused by the absence of a quality guaranteed by us.
7.2 We shall be liable without limitation for damages caused intentionally or by gross negligence by us or a legal representative or one of our vicarious agents.
7.3 In the event of a breach of essential contractual obligations, i.e. contractual obligations, caused by slight negligence, we shall be liable for a limited amount of foreseeable damage, except in the cases referred to in paragraphs 7.1 and 7.4. In the abstract, "essential contractual obligations" are those duties whose fulfilment is essential for the proper execution of the contract in the first place and on the observance of which a contracting party may regularly rely.
7.4 Liability under the Product Liability Act remains unaffected.
7.5 Any further liability for damages is excluded.
8.1 By concluding the contract, the customer is granted the right to use the services offered within the framework of the statutory or contractually specified regulation.
8.2 For information and database products, non-transferable and non-exclusive rights of use shall be transferred for a limited period of time for the duration of the agreed term of the contract.
8.3 The services offered are protected by copyright as database works and databases. In addition, individual documents are just as protected by copyright as works. Insofar as the actual use of these services is contrary to our legitimate interests in an unreasonable manner, we are entitled to restrict or prevent access to the databases and database works. This applies in particular to the reproduction, distribution or public communication of essential components or the repeated and systematic reproduction, distribution or public communication and making available of inessential components of the database or database work. All copyrights, rights of use and other property rights to the information and database works not expressly listed below remain with adblue.
8.4 The digital content made available may be used by the Buyer personally, but not commercially. In addition, the customer is not entitled to reproduce, edit, redesign or otherwise publish, distribute or make publicly available the content. The buyer may also not grant himself rights of use for a fee. This applies regardless of the form of the content. The violation of regulations can result in termination without notice for good cause. Furthermore, adblue has the right to assert claims for damages and injunctive relief. The Services may only be used by one person per membership.
9.1 If the customer is in default with payment, adblue reserves the right to charge the customer reminder fees for necessary reminders, unless the customer can prove to adblue that the costs for the reminders were not incurred at all or are significantly lower than the reminder costs claimed. The dunning costs are € 2.50 for the 1st reminder and € 5.00 for the 2nd reminder.
9.2 In addition, we are entitled to claim interest in the amount of five (5) percentage points above the applicable base interest rate in the event of default in payment, or at the statutory rate in the case of legal transactions in which a consumer is not a party.
9.3 The assertion of further damages for delay shall not be excluded by the assertion of reminder fees and/or interest claims in accordance with this Clause 9.
9.4 The Customer shall only be entitled to a right of retention (i) to the extent that it is based on the same contractual relationship; and/or (ii) to the extent that the counterclaims on which the assertion of the right of retention is based are undisputed or have been legally established.
adblue is entitled to transfer rights and obligations from this contractual relationship to a third party in whole or in part with a notice period of four (4) weeks. In this case, the Client shall be entitled to terminate the Agreement within two (2) weeks of notification of the Assumption of the Agreement.
11.1 adblue assumes no liability for trading suggestions provided. These do not in any way constitute a call for individual or general imitation, not even tacitly. Trading suggestions based on the trading signals or other information do not constitute an invitation to buy or sell securities or derivative financial products. Liability for direct and indirect consequences of the published content is therefore excluded, unless otherwise provided for in Sections 6 and 7 of these GTC.
11.2 Our service offerings are based on sources that we believe to be reputable, trustworthy and reliable. Although the evaluations and statements contained in adblue's analyses and market assessments have been prepared with reasonable care, we assume no responsibility or liability for the correctness, error, accuracy, completeness and appropriateness of the facts presented, omissions or false information. The background information, market assessments and securities analyses published by adblue do not constitute an offer to buy or sell the securities in question, nor a solicitation to buy or sell securities in general.
11.3 adblue is not responsible for any consequences, in particular for losses, which follow or could result from the views and conclusions contained in the publications as a result of the use or omission of use. adblue does not guarantee that the expected profit or the price targets mentioned will be achieved. We do not provide investment advice. To clarify the risks and opportunities of conceivable investment strategies, we advise you to contact a bank or financial advisor, a licensed asset manager or other expert.
11.4 Every investment involves risk. Clients who make investment decisions and/or carry out transactions on the basis of the published content act entirely at their own risk and at their own risk. In particular, adblue points out the particularly high risks associated with transactions with warrants, derivatives and derivative financial instruments. Due to political, economic or other changes, there can be considerable price losses, in the worst case even a total loss.
11.5 The offers of adblue do not provide financial services within the meaning of the German Banking Act or investment services within the meaning of the Securities Trading Act.
12.1 The law of the Federal Republic of Germany shall apply to the contract concluded with us, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In business dealings with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that the provisions of consumer law are mandatory.
12.2 In the case of entrepreneurs, the place of performance and jurisdiction shall be Berlin.
13.1 The European Commission has set up a platform for online dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr
13.2 However, we would like to point out that we do not participate in dispute resolution proceedings before a consumer arbitration board.
