nextmarkets operates an online platform (hereinafter also referred to as "platform" and/or "website") on which nextmarkets offers private users (hereinafter referred to as "user") the use of the platform and the associated demo account as well as the viewing of the content compiled by the coaches as free services.
These GTC apply from the time at which the user has registered on the nextmarkets platform with the consent of these GTC’s.
The user has the option of calling up, printing, downloading and saving these GTC’s at any time under the link "GTC".
Scope of application
The following GTC apply to the free use of the platform.
Content of the platform and services offered
nextmarkets operates an online platform on which users can familiarise themselves free of charge with trading in financial instruments and thereby can build up and expand their knowledge and skills in this area. Registration on the platform (section 4), use of a demo account (section 6) and access to the contents compiled by coaches (section 7) are free of charge.
By registering on the platform, each customer receives free access to content selected by nextmarkets and made available by coaches. nextmarkets decides at its own discretion on the concrete scope of the content provided free of charge, as well as on which content is made available free of charge.
The content compiled by the coaches at nextmarkets is intended to provide the user with useful assistance on trading in financial instruments by analysing current and possible future market trends by the coach and making the analysis available to the user. Access to the content compiled by the coaches is free of charge.
nextmarkets is entitled to entrust third parties with the provision of parts of the services or the entire service as a whole.
nextmarkets reserves the right after corresponding notification to change, restrict or discontinue the services described above or to make available currently free content only against payment in the future.
nextmarkets makes virtual price information available to users on the website as part of their use of the demo account.
No contractual relationship going beyond the described scope of services
Beyond the conclusion of this user contract, no further contractual relationship exists between nextmarkets and the user. In particular, the use of the services described under sections 2.1, 2.2 and 2.3 above does not constitute a contractual relationship with regards to the provision of any advisory or investment services.
In order to be able to use nextmarkets, registration is required for the opening of a user account. Registration is free of charge.
Registration is only permitted for natural persons with unlimited legal capacity. Minors (i.e. persons under the age of 18) are not allowed to register with nextmarkets.
Only one registration per person is allowed.
The data requested by nextmarkets during registration must be complete and correct. For this purpose, the country of residence, an e-mail address and a password to be determined by the user must be entered.
nextmarkets will immediately confirm receipt of the data transmitted with the registration by e-mail to the e-mail address provided by the user during registration. The registration is only successfully completed when the user confirms it with the help of the link sent to him/her. The contract for the use of the nextmarkets platform only comes into effect when this link is called up and the e-mail is confirmed.
After successful registration, the user has the opportunity to use the nextmarkets platform via the login area.
In order to prevent misuse, the user undertakes to keep his/her access data secret and secure.
If the registration is not completed, nextmarkets will delete the user account and the information provided so far after a reasonable period of time.
There is no right to conclude a user contract. nextmarkets can refuse a registration without explanation.
Usage of the platform
The user is entitled to retrieve content from the platform. However, he/she is not entitled to use the price information available on the website for commercial purposes without the express written consent of nextmarkets.
The content and services provided on the platform are protected by commercial property rights. Reproduction or publication, even in part, of the content made available or making the content available to third parties is not permitted without the express written permission of nextmarkets. This also applies to the downloading, distribution or storage of content, with the exception of caching during visits to the website. The user has the right to store the contents compiled by coaches for an unlimited period of time and to use them for their private use.
The User is obliged to refrain from any action that is likely to impair and/or disrupt individual or various functionality or the infrastructure of the website.
Use of the demo account
The demo account made available to the user with activation of his/her user account does not serve of the trading in financial instruments, but exclusively the execution of virtual transactions. If the user has a trading account with nextmarkets in addition to the demo account, through which transactions can be carried out with real money, the user is responsible for ensuring that trading orders are placed in this trading environment/platform.
After completion of registration on the nextmarkets platform, the demo account has an account balance of virtual 10,000 €, which the customer can use for virtual trading. If the virtual account balance of the user requires this, it can be loaded at any time free of charge with (virtual) 10,000 €.
The account balances and profits in the context of the use of the demo account are purely virtual and do not represent real values. The user has no claim to payment of the virtual amounts displayed in the demo account.
When generating the prices displayed within the scope of the use of the demo account, nextmarkets uses information provided by third parties, including information from S&P Dow Jones Indices LLC. Further information on the information provided by S&P Dow Jones Indices LLC can be found under the linkhttp://www.djindexes.com/mdsidx/downloads/crc/DJ_Indexes_Terms_Conditions.pdf
Contents compiled by coaches
The user can obtain information about the coaches active on the nextmarkets platform at any time and free of charge. For this purpose, each coach has his or her own profile, on which information about him or her is displayed.
Each coach has their own focus. The content offered by each coach refers to different markets and different aspects of trading in financial instruments.
After registering on the nextmarkets platform, the customer can access the content compiled by coaches and view it free of charge at any time.
Communication of nextmarkets with the user
Communication with the user shall normally take place electronically by e-mail or by storing messages, notices, etc. in the electronic mailbox of the user account, unless a different form is legally required. Accordingly, the user is obliged to check their electronic mailbox regularly, at least at appropriate intervals (but at least once a week) in relation to their activities, for access to documents and to take note of the content of the documents received.
If the user no longer wishes to use the nextmarkets platform, he/she can terminate the user contract at any time without giving reasons and without observing any deadlines. To cancel, it is sufficient for the user to log out from the "My profile" section by clicking on the "Delete my profile" button.
nextmarkets can also terminate the user contract with a notice period of fourteen days to the end of the month. The right to terminate the contract for good cause or to block a user in accordance with Section 9.3 of these GTC remains unaffected by this.
If the user violates the obligations incumbent upon him/her or if there is suspicion of misuse of the functions and content provided, nextmarkets is entitled at any time to temporarily or permanently block the user's access to the platform without prior notice and to pass on personal data to third parties, insofar as legal regulations or court orders permit or require this. In the event of blocking, nextmarkets is under no obligation to provide further information to the user.
nextmarkets points out to the user that a continuous and final check of the data obtained from third parties is not possible due to the real-time nature of the website. Checks are only carried out by nextmarkets on a random basis. nextmarkets therefore does not guarantee the correctness, completeness, legality and timeliness of the data obtained from third parties. nextmarkets also does not adopt any statements of opinion and facts contained on third-party websites which can be accessed via links and banners on the respective linked websites.
The user has access to the nextmarkets website at all times. There is no right of access. nextmarkets reserves the right to restrict the accessibility of the platform or to suspend it for a temporary period (e.g. for maintenance and repair). Although nextmarkets endeavours to keep the platform and the individual services constantly available, no guarantee can be given in this respect. This also applies in particular with regard to services that nextmarkets obtains from third parties. The quality of access to the Internet and data traffic depends on circumstances over which nextmarkets has no control and for which nextmarkets therefore accepts no liability. In particular, nextmarkets is not liable for disruptions in the quality of Internet access and data traffic on the Internet due to force majeure and due to events for which nextmarkets is not responsible and which make the provision of services by nextmarkets considerably more difficult or impossible.
The liability of nextmarkets for its own fault and the fault of its agents is - for whatever legal reason, however, subject to clause 11.2 below - limited to intent and gross negligence.
This limitation of liability shall not apply to claims arising from product liability and claims based on injury to life, body or health and a breach of so-called cardinal obligations, i.e. obligations whose compliance is indispensable for achieving the purpose of the contract and on whose compliance the user can rely. In the latter case, however, liability is limited to compensation for typical, foreseeable damage.
In the event of damage, the user undertakes to immediately make all necessary efforts to limit the damage and to limit its effects to a minimum.
The amended provisions will be sent to the user by e-mail at least two weeks before they come into force. If the user does not object to the validity of the new GTC within two weeks after receipt of the e-mail, the new GTC shall be deemed accepted. In the email containing the new GTC, the user is separately informed of the importance of his conduct and the time limit granted to him to object.
If the user objects to the validity of the new GTC within the two week period, nextmarkets remains entitled to terminate the user contract properly with a notice period of two weeks.
If the user has used the German language to open a demo account with nextmarkets, all disputes arising from or in connection with this contract of use shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. If the user has concluded this contract as a consumer and at the time of conclusion of the contract does not have his habitual residence in the Federal Republic of Germany, the application of mandatory legal provisions of the country in which he has his habitual residence remains unaffected by the choice of law made in sentence 1 of this clause.
If any provision of these GTC is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision. The same applies to possible loopholes.
Information on the authorised representatives of nextmarkets as well as the address for any court orders can be found in the imprint/impression.