Remote Assistance Terms – VerrilloTrading

Remote Assistance Terms & Conditions

VerrilloTrading services are provided by, and you are contracting with:

CommerceVerrillo Inc. (“VerrilloTrading”) with an address of 3055 Blvd. Saint-Martin O Suite T500, Laval, Quebec, H7T 0J3, Canada.

A corporation organized under the laws of the province of Quebec, Canada, and operating under the laws of Canada.

VerrilloTrading does not control, manage or direct any third-party providers. Third-party providers are not actual agents, apparent agents, ostensible agents, or employees of VerrilloTrading.

Terms

This service is provided at the discretion of VerrilloTrading support. The service is used for help with basic operational issues with trading software, or assistance or inquiries related to trading software.

This Remote Assistance Agreement (“Agreement”), is made and entered into as of the date time of the requested service upon confirmation (the “Booking Time”) by and between VerrilloTrading and user requesting the service (the “Customer” or “Disclosing Party”).

Customer is permitted to request a remote assistance session using the booking page.
Customer is required to communicate the problem they are facing in the details field when booking the remote assistance session.
VerrilloTrading support will do it’s best to help resolve the issue, but there are no guarantees that your issue can or will be fully resolved.
VerrilloTrading will respond to all bookings within 24-48 hours of being received. Customers that pay in advance will receive first priority support.
Customer is permitted to submit a request and wait for VerrilloTrading support to respond before completing a payment.
Upon receiving a response from VerrilloTrading support regarding confirmation of the booking, it is required to make a payment for the service in advance of receiving the service.
VerrilloTrading reserves the right to decline support requests at it’s discretion.
If you pay in advance for this service before receiving confirmation, and your booking is declined by VerrilloTrading support, the payment will be refunded in full. For refund details continue reading this page.

For purposes of this Service, “Confidential Information” shall mean:

Any information that is considered personal to either party and is not in the public domain. This can include: contact info, name, any information displayed on screen during a remote assistance session;
A party’s trade secrets;
Any information that is designated as confidential by the Customer in writing, prior to or at the time it is disclosed to VerrilloTrading support;
Any other non-public information of the Customer that is generally not known on a non-confidential basis to, and not readily obtainable on a non-confidential basis by, third parties;

Each party undertakes to hold such Confidential Information in confidence and not to disclose it to any third party or use it for any purpose other than within the context of this service.

The obligations of confidentiality do not apply to Confidential Information that:

At the time of disclosure by the Customer, is already in the public domain through no fault by or on behalf of VerrilloTrading;
The Customer has confirmed to VerrilloTrading in writing is not confidential;
Is already lawfully possessed by VerrilloTrading without any restrictions on use or disclosure on use prior to receiving it from the Customer;
Is obtained subsequently by VerrilloTrading from a third party without any restriction on use or disclosure and such third party is in lawful possession of the Confidential Information and not in violation of any obligation to maintain the confidentiality of the Confidential Information;
Was or is independently developed by VerrilloTrading without reference to or use of, in whole or in part, any of the Customer’s Confidential Information;
Or is required to be disclosed by Applicable Laws;

Representations and Warranties

VerrilloTrading represents and warrants that VerrilloTrading along with it’s employees, agents and representatives:

Will not assist with the preparation of Customer account applications or setup of trading accounts;
Will not act as a point of contact between any Customer and any third party where the purpose of the remote assistance session is to assist with using services from the third party.
Will not have any ongoing relationship with any Customer regarding the Customer’s trading of their account;
Will not solicit or place orders for Customer in any trading account. If a Customer is requesting assistance with trade execution, these examples will be conducted in a demo account which by definition is not a real trading account;
Have never been investigated, charged or convicted of fraud or any securities violation;
Are not registered or affiliated with a broker-dealer or financial advisor;
Are not required to be registered as a broker-dealer or financial advisor in any jurisdiction;
Are not barred from registration in any capacity by any jurisdiction;

Refunds & Cancellation

No Refunds will be made for a completed remote assistance service. If a service is only partially completed for any possible reason including a cut off call or emergency situation, VerrilloTrading Support will act accordingly to ensure the requested remote assistance service is rescheduled within 10 days of the booking. If the customer is not able to attend, or needs to reschedule a confirmed booking, they must notify VerrilloTrading Support of this at least 24 hours before the booking time. No refunds will be given if a customer is unable to attend an already confirmed booking meeting, and did not notify VerrilloTrading Support at least 24 hours before the meeting time. Exceptions can be made on a case by case basis, like if there is a very serious or urgent emergency. It is still necessary that you communicate this in advance, in response to the booking confirmation email you received.

If the service is not able to be completed by VerrilloTrading Support, a partial refund may be applicable. Refunds are applicable if a Customer submitted a payment in advance and VerrilloTrading Support was not able to provide the service, or declined the service for any reason. To request a refund, make a request by email to support@verrillotrading.com. A valid reason must be provided by Customer when requesting a refund. For a refund to be given, there must be a means by which a refund transaction can actually be made. If the payment was made with Stripe this is usually not an issue. A minimum refund fee of USD $4 will be charged against any refund made in order to cover the payment processing fees which we do not receive a refund of from Stripe or PayPal.

Limits on Liability

Waiver of Jury Trial:

You hereby waive any right to trial by jury to the extent that any such right shall now or hereafter exist with regard to this agreement, or any claim, counterclaim or other action arising in connection therewith. This waiver of right to trial by jury is given knowingly and voluntarily by you the Customer and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue.

Arbitration: Any dispute arising among the parties hereto which the parties themselves cannot resolve after good faith negotiation shall be resolved through arbitration conducted in accordance with then applicable Commercial Arbitration Rules promulgated by the Institut de médiation et d’arbitrage du Québec (“IMAQ”) instead of pursuing litigation. The arbitration shall be conducted in Quebec, Canada. Within ten (10) days after demand for arbitration is made by either party, the parties shall agree on the selection of one (1) arbitrator. If they are unable to agree on an arbitrator, then IMAQ shall select the arbitrator. Except as may otherwise be agreed in writing by the parties or as ordered by the arbitrator upon substantial justification shown, the hearing for the dispute shall be held within thirty (30) days of submission of the dispute to arbitration. The arbitrator shall render a final award within thirty (30) days following conclusion of the hearing. The arbitration award shall not be appealable and shall be final and binding on the parties. Final judgment may be entered upon such an award in any court of competent jurisdiction. Each party shall bear its own expenses of arbitration and the arbitrator’s fee shall be split one-half jointly and severally among the Buyers and one-half jointly and severally among the Sellers, unless the arbitrator shall separately award or allocate such fees and expenses.

Indemnity:

You agree to indemnify and hold VerrilloTrading and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) VerrilloTrading’s use of your user content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

Warranty

VerrilloTrading will do it’s best to satisfy the queries and requests for remote assistance service as best possible. The INFORMATION AND SERVICES are provided “AS IS” WITHOUT warranty of any kind. NO warranty is provided for INFORMATION, AND SERVICES as to accuracy, as to reliability, as to the suitability for a particular purpose, as to financial results, within the INFORMATION, AND SERVICES, or any other kind of warranty. Therefore, no promise is made that VerrilloTrading will be able to understand, provide support for, or correct a particular problem. In no event shall the maximum remedy exceed the price paid for the service minus any stated service charges.

Full and General Release of Liability:

Along with the limitations of liability and disclaimer of warranties stated above, You, on behalf of yourself and each and all of your agents, employees, members, managers, affiliates, successors and assigns, and all other persons claiming through or under you, or who could have claimed through or under it (collectively, the “Releasors”) hereby forever waives, releases and forever discharges VerrilloTrading and each and all of its related companies, agents, employees, members, managers, affiliates, successors and assigns, and all persons who could have liability through or under VerrilloTrading (collectively, the “Releasees”) from any and all liability, actions, claims, demands, or lawsuits which the Releasors may have had, presently has, or in the future may have against Releasees and arising out of services or inability to use services. This Release applies to any and all claims against Releasees, currently known or unknown, arising under contract or under federal, state, or local statutory or common law (including civil tort law), or under the statutory or common law of any country or subdivision thereof world-wide, which have been asserted or which could have been asserted.