1. Introduction

a. This page sets out the terms and conditions for using this website. Except where stated otherwise, references to “we”, “us” or “our” refer to the company operating Profitstrail.com.

b. The terms and conditions apply to the use of Profitstrail.com and the Profitstrail App regardless of the delivery platform or device used to access the website or App. Depending on the type of user (free or subscriber), the terms and conditions will be applied differently. By accessing Profitstrail.com and the Profitstrail App you are agreeing to these terms and conditions. If you do not agree with the terms and conditions, you should not use Profitstrail.com or the Profitstrail App and should cancel any subscription in accordance with your cancellation rights (see section on “Renewal and Cancellation of Subscriptions”). If you have any questions, please contact support@profitstrail.com.

c. For legal or regulatory reasons, or to reflect changes in our services or business practices, we may update these terms and conditions. We will provide notice of any significant changes in the section “Changes to Terms and Conditions” below. If you are a subscriber, any changes to our terms and conditions will become effective from the date of your next payment following the change unless you are notified otherwise. If you are not a subscriber, any changes will become effective as soon as we post them on this website. We may in exceptional circumstances cease to publish Profitstrail.com or the Profitstrail App, or cease to provide subscription services. In such an event, we will give you at least 30 (thirty) days’ notice of this, if possible. If we do so, then we will have no further obligation to you, unless you are a subscriber to Profitstrail.com, then in which case we will offer you a refund of the unexpired period of your paid subscription (see section on “Renewal and Cancellation of Subscriptions”).

2. Access and Use

The amount and types of content that you can view, have access to, and the platforms on which you can view the content, will depend on what type of user you are and the type of subscription (if any) that you have. We can vary the access rights of free users who are not accessing through a paid subscription at any time at our discretion. The details of the access rights for the different subscription types is detailed at Subscribe page.

3. Privacy Policy

All the information received by us from your use of Profitstrail.com and the Profitstrail App will be used in accordance with our Privacy Policy. Please read this for details on how we will handle your personal information.

4. Registration for Use

a. In order to provide personalized services to you, you might be required to register for the service or services on the website of the App. On registration, you must provide us with accurate and complete registration information and it is your responsibility to update and maintain changes to that information on the applicable registration or subscription pages. We are entitled to rely on any information you provide to us.

b. Access to our subscription or paid services will require identification (“ID”) by way of a user name and password. For individual subscribers, user IDs are for single user only. You are not allowed to share your ID or give access to our subscribed services through your ID to anyone else. We reserve the right to cancel or suspend your access to Profitstrail.com or Profitstrail App if you share your ID without further obligation to you. For corporate subscribers, depending on the service subscribed, IDs can be used by multiple users, however, this can only be used by persons employed in the company or organization that have paid for the subscription. The creation of additional subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of Profitstrail.com is strictly not allowed.

c. You are responsible for all use of Profitstrail.com and the Profitstrail App made by you or anyone else using your ID and for preventing unauthorized use of your ID. Therefore, if you believe there has been any breach of security such as the disclosure, theft or unauthorized usage of your ID or any payment information, you must notify us immediately by e-mailing us at admin@profitstrail.com.

d. If you provide us with an email address that will result in any messages that we may send you being sent to you via a network or device operated or owned by a third-party (e.g. your employer), then you promise that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.

5. Subscription Services and Free Access Passes (pertaining to Profitstrail.com)

a. There are three ways that you can use and access Profitstrail.com; through our free access pass, individual and corporate subscription services. The usage and access rights will vary with each option. Please refer to our Subscribe page for details of what you will get with each option. We reserve the right to vary the amount of content, access and type of service that are made available to the different categories of user.

b. We will try to process your subscription promptly but do not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. We reserve the right to reject any offer in its discretion, for any or no reason.

c. When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.

d. The subscription prices can be found at Subscribe page. However, this may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you purchase your subscription. Our subscription services only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. The currency in which your subscription is payable will be specified during the order process, depending on the service and your country of residence.

e. In the event where we provide a trial subscription, we will inform you of the full subscription price that is payable after the trial period. No more than one trial subscription per subscriber is allowed in any twelve-month period. We reserve the right to cancel any trial subscription immediately, without refund, if we become aware that the subscriber has already had another trial subscription in the previous twelve months.

f. If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

g. In addition to any subscription fees you pay, you are responsible for paying any Internet connection, telecommunications charges or other access-related charges that you may incur by accessing Profitstrail.com or using the services available on it, e.g. your network operator may charge you for data or messaging services.

6. Renewal and Cancellation of Subscriptions (pertaining to Profitstrail.com)

a. Your subscription will continue until you tell us that you no longer wish to use it. To cancel a subscription, please email us at admin@profitstrail.com with details of your subscription and decision to end your subscription. Depending on your subscription type, we will refund you for the unexpired part of your subscription subject to rounding down to the nearest whole month. For example, if you have a six-month subscription and notify us of your decision to cancel your subscription mid-way into the fourth month of your subscription, we will refund you the unused portion equivalent to two months’ subscription. There are no refunds for cancelled subscriptions that are for less than two months.

b. We reserve the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. If we terminate your subscription for any reason and/or permanently cease Profitstrail.com, or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro-rated refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

c. We do not automatically renew a subscription, unless otherwise instructed by you (you can do this by emailing us atadmin@profitstrail.com). Renewals are to be made via Profitstrail.com before your subscription expires. You will be reminded that your subscription is ending and as renewal is not automatic, the responsibility is with you to renew.

7. Your Subscription Contract (pertaining to Profitstrail.com)

a. When you subscribe to our services at Profitstrail.com, you are contracting with NextGen Ventures Pte Ltd, whose principal place of business is at 60 Paya Lebar Road, #06-01, Paya Lebar Square, Singapore 409051, Singapore.

b. From time to time, we will market Profitstrail.com services in other countries, and in the process work with alliance partners or third-party companies. However, all subscription payments are to be made directly through the Profitstrail.com website.

8. User Generated Content

a. Profitstrail.com and the Profitstrail App provides value-added content like articles and commentaries users and our staff analysts. The content posted by users and our staff analysts are called “User Generated Content” or “UGC”.

b. Users of Profitstrail.com and the Profitstrail App are welcome to contribute content, however it must comply with the following general guidelines, i.e. UGC should:

  • Be original content and will not infringe the copyright or other rights of any third-party.
  • Not disguise the origin of any UGC and not impersonate any person or entity or misrepresent any connection with any person or entity.
  • Not be linked to or contain any form of advertising or promotion of goods and services, including making any buy or not to buy investment or non-investment recommendations.
  • Not be threatening, offensive, libelous, indecent or otherwise unlawful.
  • Not make attacks personal or otherwise on other commentators, or on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
  • Be free of software viruses, or malware that can have an adverse and damaging impact on the functionality or security of Proftstrail.com.

c. UGCs are to be emailed to feedback@profitstrail.com with details of authorship, e.g. name and contact details. We reserve the right to edit or modify the content, to publish or not publish the submitted content on our website in its discretion, for any or no reason.

d. For UGCs that are published, you will retain ownership of the copyright in any of your UGC that we publish on Profitstrail.com or the Profitstrail App, as such, you are free to re-use it as you wish. However, you agree that if your content is published on Profitstrail.com or the Profitstrail App, then you are granting us a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on Profitstrail.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any of your UGC that is published in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC. You are responsible for all the content of any of your UGC that we publish. You are financially responsible to us for any claim against us by any third party as a result of your UGC.

e. As we have no control over the UGC submitted by users, we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may submit UGC that is misleading, untrue or offensive. It is not possible for us to fully monitor or evaluate all the UGC received and published on Profitstrail.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from the website and act accordingly. This may include banning a user from future contributing UGCs to Profitstrail.com or the Profitstrail App.

9. Third-Party Websites and Services

a. Profitstrail.com and the Profitstrail App may contain hyperlinks to other Internet websites or online and mobile services provided by independent third parties, including websites of our affiliates, partners and sponsors.

b. Third-Party websites may be co-branded with us and carry our Profitstrail.com (and the Profitstrail App) name or logo. You are responsible for any transaction that you make with these third-party websites. Our privacy and cookie policies, disclaimers and copyrights do not apply to third-party websites.

c. Copyright in any software or App that is made available for download from Profitstrail.com or the Profitstrail App belongs to us, our affiliates or partners. Your use of the software or App is governed by the terms of any license agreement that may accompany or be included with the software or App. Do not install or use any software or App unless you agree to such license agreement. We are not responsible for any technical or other issues that may occur if you download any third-party software or App.

10. Our Responsibilities

a. Please note that unless you are an individual or corporate subscriber to our services (not including those on free pass, temporary pass or trial period), we accept no financial responsibility to you arising from your use of Profitstrail.com or the Profitstrail App or its content. If you are an individual or corporate subscriber to our services, we limit our financial responsibility to you arising from your use of Profitstrail.com or the Profitstrail App or its content to the price you paid for your subscription.

b. Under no circumstances do we accept responsibility for your use of third-party (includes those of our affiliates, partners and sponsors) websites, products and services (including software and Apps).

11. Limitations of Content

a. Any content found on Profitstrail.com or the Profitstrail App is for general information purposes and is not intended to address your particular requirements. All content provided, including those from third-parties and published UGCs, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us. It is not intended to be and should not be relied on by users making (or not making) any specific decision.

b. Any agreements, transactions or other arrangements made between you and any third-party named on (or linked to from) Profitstrail.com or the Profitstrail App are at your own discretion, responsibility and entered into at your own risk.

c. We promise to develop and operate Profitstrail.com and the Profitstrail App with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which we are aware. However, we do not provide any other promises or warranties about Profitstrail.com or the Profitstrail App and its content. Profitstrail.com and the Profitstrail App and its content are provided on an “as is” and “as available” basis. What this means is that we do not make any promises in respect of Profitstrail.com or the Profitstrail App or the services and functions available on or through Profitstrail.com or the Profitstrail App or of the quality, completeness or accuracy of the information published on or linked to from Profitstrail.com or the Profitstrail App other than as expressly stated above.

d. The above disclaimers apply equally to your use of Profitstrail.com of the Profitstrail App and its content. Without limiting the above, we are not liable for matters beyond our reasonable control. We do not control third-party communications networks (including your internet service provider), the Internet, acts of god or the acts of third-parties.

e. The limitations of liability in this section apply for the benefit of NextGen Ventures, its affiliates, partners and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.

f. To the full extent permitted by law you acknowledge and agree that any third-party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the content on Profitstrail.com or the Profitstrail App.

12. Choice of Law and Jurisdiction

For all cases, Singapore law will be applicable.

13. Changes to Terms and Conditions.

These terms and conditions were updated and published on 19 November 2016.