Initial Business Response / [redacted] (1000, 5, 2014/04/23) */ This customer ordered ASCTrend software in 2006, then switch to another product eASCTrend He asked to switch back to version Since the purchasing is over years, far way past our day warranty time, there should be upgrade fee involved to the latest software versionBut, we have given him free of upgrade versionHe e-mailed us on April 21, 2014, said he's satisfied and is removing his Revdex.com complaintWe consider this case closed Initial Consumer Rebuttal / [redacted] (2000, 7, 2014/04/29) */ For six years they never let me in, $original cost, six years of deprive, and finally thanks to Revdex.com They did not do this as a good business practice or the right thing to doThey did it because I went through Revdex.com I was going back every year and asking for this, never gave me what I bought Now they did only because of Revdex.com!! Thank You
Initial Business Response /* (1000, 5, 2014/12/15) */
Over the past the 20 years, this is the first time we had such complaint.
1. On Nov. 26, 2013 [redacted] ordered online a 1 month trial of our trading software. He used it for 3 weeks and on Dec. 18 he asked for a refund. Even...
though it clearly states on our webiste at that time it's a non-refundable trial we gave him a full refund anyway to make him happy.
2. [redacted] then contacted us in July 3, 2014 stating he wanted to buy an ASCTrend software one year license. At the beginning, we didn't want to sell to him. Knowing he was a problem client and that we gave him a refund already even though we didn`t have to, we made it very clear to him that if he purchased the one year lease this time there would be no refunds for any reason. He said he understood and accepted that. Since then, we have not heard anything from him in the past 5 months when he purchased ASCTrend from us until today his asking for a refund which is totally out of the question because he clearly understood and agreed before he ordered it again that there would be no refunds.
3. "Important Disclaimer" has been posted online at our website, "Trading futures and forex involves substantial risk and may not be suitable for all investors. Past performance is not necessarily indicative of future results. These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown. The testimonial may not be representative of the experience of other clients and the testimonial is no guarantee of future performance or success."
4. Risk Disclosure: When he ordered, downloaded or installed the software, he had clicked many times "I Agree" the terms of "Customer Agreement and Risk Disclosure for ASCTrend 3.5" which has been posted online at "Member" section of our website. The agreement clearly states: "ASC shall not be liable for, and Customer agrees not to hold or seek to hold ASC liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures and malfunctions, and other similar computer problems or defects. The Licensed Software is provided "AS IS," and ASC does not make any warranties or guarantees with respect to the Licensed Software, including without limitation, warranties of merchantability or fitness for a particular purpose. ASC shall not be liable to Customer for any loss, cost, damage or other injury, whether in contract or tort arising out of or caused in whole or in part by Customer's use of or reliance on the Licensed Software or its content. In no event will ASC be liable to Customer for any punitive, consequential, special or similar damages even if advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of ASC shall be limited in accordance with this Agreement to the extent permitted by law.
Customer understands and acknowledges that all orders for trades placed pursuant to signals or indicators generated by the Licensed Software are for the sole risk of the owners of the accounts being traded. Customer understands and acknowledges that there is substantial risk in trading securities, commodities, futures, options and other instruments with or without the Licensed Software, and that past results are not necessarily indicative of future results.
ASC makes no representations concerning the suitability of the Licensed Software for use by Customer. Customer should determine for himself or herself whether, and to what extent, the use of the Licensed Software is suitable for Customer."
Based on above facts, we would still treat this case very specially. We will cancel his license and refund the remaining 7 months, $1,574 to him.
Initial Consumer Rebuttal /* (2000, 7, 2014/12/16) */
(The consumer indicated he/she ACCEPTED the response from the business.)
If Ablesys makes the offered refund as noted in their response, then this complaint will be considered satisfied.
Initial Business Response /* (1000, 5, 2014/04/23) */
This customer ordered ASCTrend 3.5 software in 2006, then switch to another product eASCTrend 6.0. He asked to switch back to version 3.5. Since the purchasing is over 8 years, far way past our 30 day warranty time, there should be...
upgrade fee involved to the latest software version. But, we have given him free of upgrade version. He e-mailed us on April 21, 2014, said he's satisfied and is removing his Revdex.com complaint. We consider this case closed.
Initial Consumer Rebuttal /* (2000, 7, 2014/04/29) */
For six years they never let me in, $3500 original cost, six years of deprive, and finally thanks to Revdex.com.
They did not do this as a good business practice or the right thing to do. They did it because I went through Revdex.com.
I was going back every year and asking for this, never gave me what I bought.
Now they did only because of Revdex.com!!
Thank You.
Initial Business Response / [redacted] (1000, 5, 2014/04/23) */ This customer ordered ASCTrend software in 2006, then switch to another product eASCTrend He asked to switch back to version Since the purchasing is over years, far way past our day warranty time, there should be upgrade fee involved to the latest software versionBut, we have given him free of upgrade versionHe e-mailed us on April 21, 2014, said he's satisfied and is removing his Revdex.com complaintWe consider this case closed Initial Consumer Rebuttal / [redacted] (2000, 7, 2014/04/29) */ For six years they never let me in, $original cost, six years of deprive, and finally thanks to Revdex.com They did not do this as a good business practice or the right thing to doThey did it because I went through Revdex.com I was going back every year and asking for this, never gave me what I bought Now they did only because of Revdex.com!! Thank You
Initial Business Response /* (1000, 5, 2014/12/15) */
Over the past the 20 years, this is the first time we had such complaint.
1. On Nov. 26, 2013 [redacted] ordered online a 1 month trial of our trading software. He used it for 3 weeks and on Dec. 18 he asked for a refund. Even...
though it clearly states on our webiste at that time it's a non-refundable trial we gave him a full refund anyway to make him happy.
2. [redacted] then contacted us in July 3, 2014 stating he wanted to buy an ASCTrend software one year license. At the beginning, we didn't want to sell to him. Knowing he was a problem client and that we gave him a refund already even though we didn`t have to, we made it very clear to him that if he purchased the one year lease this time there would be no refunds for any reason. He said he understood and accepted that. Since then, we have not heard anything from him in the past 5 months when he purchased ASCTrend from us until today his asking for a refund which is totally out of the question because he clearly understood and agreed before he ordered it again that there would be no refunds.
3. "Important Disclaimer" has been posted online at our website, "Trading futures and forex involves substantial risk and may not be suitable for all investors. Past performance is not necessarily indicative of future results. These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown. The testimonial may not be representative of the experience of other clients and the testimonial is no guarantee of future performance or success."
4. Risk Disclosure: When he ordered, downloaded or installed the software, he had clicked many times "I Agree" the terms of "Customer Agreement and Risk Disclosure for ASCTrend 3.5" which has been posted online at "Member" section of our website. The agreement clearly states: "ASC shall not be liable for, and Customer agrees not to hold or seek to hold ASC liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures and malfunctions, and other similar computer problems or defects. The Licensed Software is provided "AS IS," and ASC does not make any warranties or guarantees with respect to the Licensed Software, including without limitation, warranties of merchantability or fitness for a particular purpose. ASC shall not be liable to Customer for any loss, cost, damage or other injury, whether in contract or tort arising out of or caused in whole or in part by Customer's use of or reliance on the Licensed Software or its content. In no event will ASC be liable to Customer for any punitive, consequential, special or similar damages even if advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of ASC shall be limited in accordance with this Agreement to the extent permitted by law.
Customer understands and acknowledges that all orders for trades placed pursuant to signals or indicators generated by the Licensed Software are for the sole risk of the owners of the accounts being traded. Customer understands and acknowledges that there is substantial risk in trading securities, commodities, futures, options and other instruments with or without the Licensed Software, and that past results are not necessarily indicative of future results.
ASC makes no representations concerning the suitability of the Licensed Software for use by Customer. Customer should determine for himself or herself whether, and to what extent, the use of the Licensed Software is suitable for Customer."
Based on above facts, we would still treat this case very specially. We will cancel his license and refund the remaining 7 months, $1,574 to him.
Initial Consumer Rebuttal /* (2000, 7, 2014/12/16) */
(The consumer indicated he/she ACCEPTED the response from the business.)
If Ablesys makes the offered refund as noted in their response, then this complaint will be considered satisfied.
Initial Business Response /* (1000, 5, 2014/04/23) */
This customer ordered ASCTrend 3.5 software in 2006, then switch to another product eASCTrend 6.0. He asked to switch back to version 3.5. Since the purchasing is over 8 years, far way past our 30 day warranty time, there should be...
upgrade fee involved to the latest software version. But, we have given him free of upgrade version. He e-mailed us on April 21, 2014, said he's satisfied and is removing his Revdex.com complaint. We consider this case closed.
Initial Consumer Rebuttal /* (2000, 7, 2014/04/29) */
For six years they never let me in, $3500 original cost, six years of deprive, and finally thanks to Revdex.com.
They did not do this as a good business practice or the right thing to do. They did it because I went through Revdex.com.
I was going back every year and asking for this, never gave me what I bought.
Now they did only because of Revdex.com!!
Thank You.