This Website, the Educational Package and Educational Material are purely educational and informational in nature only, suitable for anyone who has a keen interest in learning more about online trading in the financial markets.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND/OR USING THE WEBSITE AND/OR ANY SERVICES.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Website.
DEFINITIONS AND INTERPRETATION
Of these Terms and Conditions:
“Account Information” means Subscriber’s name, Account numbers, passwords, customer numbers and other information necessary for Subscriber’s access to and use of the Services.
“Administrative Fees” means additional fees that may be charged in connection with additional Services requested by the Subscriber from time to time
“Affiliate” means any person or entity that directly or indirectly controls, is controlled by, or is under common control with such person or entity, where “Control” means ownership of more than 50% of the voting stock or other equity interests of an entity, or the right to direct the management of such entity.
“Applicable Law” means each law, enactment, order, regulation, regulatory policy and mandatory or generally recognized industry code of conduct or guidelines in any applicable jurisdiction relating or applicable to a party or any of its activities.
“Account” means the account in relation to the Services, including the Services to which Subscriber has subscribed.
“Data” means personal details associated with the Subscriber being a physical person including but not limited to name, surname, postal address, email address and telephone number of the Subscriber
“Default” means the occurrence of any of the following events: (i) Subscriber fails to pay any amount when due; (ii) Subscriber fails to comply with any of the terms and conditions of these Terms and Conditions; or (iii) breach by Subscriber of any other duty or obligation or any default or negligence of Subscriber in connection with or in relation to the subject matter of these Terms and Conditions.
“Educational Packages” means all packages and Educational Material provided to the Subscriber in respect to online trading, including but not limited to provision of a vast range of education programs, supporting materials, webinars, tutorials, and telephone communications from skilled and experienced day traders for education purposes in the online trading in the financial markets.
“Educational Material” means all material provided to the Subscriber as part of the Educational Packages including but not limited to (i) books; (ii) 3-5 recordings (no live stream); (iii) telegram group/network providing news and/or updates, (iv) all documents, information and materials provided or made available by or on behalf of our company to the Subscriber relating to the Services, including any software documents, manuals, reports, know-how, instructions, guidance, response to queries, support, processes, training materials, brands, logos, designs, software and tools and any other Intellectual Property Rights, in each case in all languages, formats, and media throughout the world.
“Fees” means all Service Fees and Administrative Fees.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights (including copyright in software), trademarks, service marks, trade, business and domain names, IP addresses, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Marketing Schemes” means a scheme that gives the Subscriber the opportunity on his/her own initiative to access and receive services by any partner or associate, including but not limited to services relating to the conduct of trading activities, subject to the Subscriber’s consent and approval.
“Terms and Conditions” means the terms and conditions set out in this document. “Subscriber”, “you”, “yours”, means the individual registering for an Account and who is bound by these Terms and Conditions.
“Permitted Purpose” has the meaning ascribed to it in the License Section of these Terms and Conditions.
“Request” means those orders that Subscriber may make electronically regarding modifications to Subscriber’s Account, including, but not limited to, requests for additional Services, Service cancellation and Account cancellation.
“Services” means the services offered on the Website, including the Educational Packages and the Marketing Schemes (and/or its Affiliate) and, if applicable together with any related services provided including support services, training, manuals, documentation or related materials, and communication, transmission or delivery services offered by or through the website.
“Service Fees” means any fees charged related to the Services (exclusive of Administrative Fees).
Paragraph headings shall not affect the interpretation of these Terms and Conditions and are inserted only as a matter of convenience and as a reference.
These Terms and Conditions may be modified from time to time and, therefore, the Subscriber must always check their content before using the Website and/or the Services. Each use of the Website means the unreserved acceptance of these Terms and Conditions by the Subscriber, as they are modified from time to time.
ACCEPTANCE OF TERMS AND CONDITIONS
Any use of the Website and/or any Service indicates that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these terms and conditions, you should leave the Website immediately and refrain from using it.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion, to make changes and/or modifications and/or additions to these Terms and Conditions at any time and for any reason and without any prior notice. You agree to be bound by any modification to these Terms and Conditions and revised terms and conditions binding on you. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates and your continued use of the Website constitutes your acceptance of any modifications to these Terms and Conditions.
LICENSE
Subject to the Subscriber complying with these Terms and Conditions and subject to the subscribers account Section, we hereby grant the Subscriber a non-exclusive, non-transferable, limited license for the duration of these Terms and Conditions only to use the Services for its own internal private use (the “Permitted Purpose”) and not for further dissemination or redistribution.
You agree not to use the Website and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, you agree not to partake in any conduct or action that could damage the image, interests or rights of the Website’s platform or third parties.
In consideration of the Services provided or to be provided to Subscriber (including Services which Subscriber may elect to receive in the future).
RESTRICTIONS AND SCOPE
Subscriber make any use of the Services other than as permitted under these Terms and Conditions; (ii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit or otherwise make the Services available to any third party; (iii) except to the extent permitted by any Applicable Law which cannot be waived by agreement of the parties, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website; (iv) attempt to modify, duplicate, create derivative works from, republish, transmit, or distribute the Educational Material in any form or media or by any means; (v) make any copies of the Educational Material except to the extent reasonably necessary for the Permitted Purpose and for purposes of back up and disaster recovery; (vi) remove, amend, add to or otherwise tamper with any trade marks, identifiers, notices, legends or disclaimers, ; (vii) use the Services in any way in a manner or for a purpose that violates any Applicable Law; and/or (viii) access, store, distribute or transmit any viruses or any material during the course of its use of the Services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, racially or ethnically offensive or causes damage or injury to any person or property.
Contingencies: Subscriber acknowledges and agrees that notwithstanding any other provision of these Terms and Conditions: (i) The Company ability to grant Subscribers rights relating to the Services is contingent upon all rights, titles, licenses, permissions and approvals obtained by The Company pertaining thereto remaining in full force and effect during the term of these Terms and Conditions; (ii) in the event of The Company rights, titles, licenses, permissions or approvals pertaining to the Services are varied, canceled, terminated, rescinded or not renewed, Subscribers’ rights to use the affected portions of the Services shall automatically terminate upon written notice by The Company, and The Company shall not have any liability for such termination. Use of the Services on multiple devices at the same time with a single username, password or similar identifier is strictly prohibited. Subscribers are only permitted to access the Website from one device at a time per subscription.
Subscriber acknowledges and agrees that The Company is not responsible for and shall have no liability in respect of any (i) acts or omissions of data providers, service facilitators, software partners or any other third-parties; (ii) any third-party software, third party hardware, or communication method or delay or interruption; (iii) adverse impact on the Services in connection with the acts and omissions referred to in paragraph (i) and (ii).
The Company reserves the right at any time to (i) add or delete Educational Material from the Educational Packages in providing the Services as it deems appropriate to service all of its Subscribers; (ii) suspend, withdraw, change or add to any part of the Services. The Company has the right to suspend Services for the purposes of maintenance, repair, upgrade or any other purpose that it reasonably deems appropriate
Subscriber shall be solely responsible for procuring and maintaining any necessary equipment, network connections and telecommunications links to enable the Services to be provided and Subscriber shall be responsible for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to its equipment, network connections or telecommunications links or caused by the internet.
The Company shall not be responsible for the compatibility or reliability of equipment, systems or software used in conjunction with the Services owned by Subscriber.
If there has been any breach of any part of this Section or any other unauthorized acts or omissions in relation to the Services, without prejudice to any other right or remedy The Company may have, The company may (i) suspend availability of the Services until the breach or unauthorized act or omission has been remedied; and/or (ii) charge the Subscriber for an amount equal to the fees The Company would have charged if such act or omission had been authorized; and/or (iii) terminate these Terms and Conditions forthwith.
SUBSCRIBER’S ACCOUNT
The Subscriber will create an Account by choosing a username and a password and by providing all information requested by The Company for these purposes. You are responsible for maintaining the confidentiality of your password and Account Information and you are fully responsible for all activities that occur under your password or Subscriber’s Account. You agree to (i) immediately notify The Company of any unauthorized use of your password or Account or any other breach of security; and (ii) ensure that you log out from your Account at the end of each session. You may never use another Subscriber’s Account without prior authorization from Trading Education. Trading Education will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
By providing The Company with your email address and phone number you consent to our use of your email address and phone number for providing notices and information about the services and courses (newsletter), including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our courses. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information available in our website. Opting out may prevent you from receiving emails about updates, news or offers.
FEES
The Company reserves the right to determine the Fees for offering Educational Packages and the Services.
The Company will make reasonable efforts to keep pricing information published on the Website up to date.
We encourage you to check the Website periodically for current pricing information. The Company may change the fees for any Educational Package, including additional fees or charges. The Company, at its sole discretion, may make promotional offers with different features and different pricing to any of The Company Subscriber.
PAYMENTS
All payments to The Company are handled securely. The Subscriptions will be paid through the payment platforms available on the Website. Payment will be debited from your credit card, debit card or PayPal account immediately on you placing the order for the course you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the Educational Package and provision of the Services.
EDUCATIONAL PACKAGES / SUBSCRIPTION OPTIONS AND DURATION
When you subscribe to an Educational Package, you are offering to subscribe to the Educational Package for the price advertised and stated on the Website as at the time of the Subscription. Please consult the features, content and prices of the Educational Packages before placing an order for Subscription.
When a prospective Subscriber with the intention of subscribing to an Educational Package on the Website places an online order, The Company will send that prospective Subscriber an email to confirm that the order has been received. This confirmation by email will be generated automatically so that the prospective Subscriber has the confirmation of the details of their Subscription.
Once the payment has been made and the purchase of the Educational Package is done, all the content will be unlocked and will be available in the library of each Subscriber on the Website’s platform.
SECURITY AND CONFIDENTIALITY
Subscriber shall take all reasonable precautions to safeguard access to the Services, including protecting against unauthorized access.
Subscriber shall ensure that confidential information (which includes but is not limited to Account Information, any confidential information concerning the business, affairs, customers, clients or suppliers of The Company (including information learnt and all Materials)) is kept secure and confidential and shall not disclose, use or copy such details to any other person except where it may be required by law, court order or any governmental or regulatory authority or agreed in writing with The company in advance of such disclosure. Information shall not be deemed confidential where it is or becomes generally available to the public (save by breach of any duty of confidence) or in respect or which the parties agree in writing is not confidential or may be disclosed.
Subscriber shall not allow any other person to use the Account Information. If, in The Company’s reasonable opinion, it suspects that Subscriber has disclosed its Account Information to any third party, without prejudice to any other remedy, The Company may suspend or terminate access to the Services without any liability
Subscriber accepts responsibility for the confidentiality and use of all Account Information and all Requests placed through or under Account Information. All Requests received by The Company will be deemed to have been received from, and with the authorization of Subscriber. All Requests shall be deemed to be made at the time received by The Company and in the form received.
Subscriber shall notify The Company immediately if Subscriber becomes aware of any: (i) loss, theft or unauthorized use of Account Information; (ii) failure by Subscriber to receive an electronic message that a Request initiated by Subscriber has been received and/or executed (Subscriber must provide The Company with a current e-mail address and notify The Company of any changes); (iii) failure by Subscriber to receive accurate confirmation of a Request or its execution within five (5) business days after submitting the Request; or (iv) receipt of confirmation or electronic message of a Request that Subscriber did not place, or any similarly inaccurate or conflicting report or information.
The Company is not responsible in the event Subscriber suffers any loss or damage following any third party use or misuse of the Account Information. Information shall not be deemed confidential where it is or becomes generally available to the public or in respect or which it is agreed in writing it is not confidential or may be disclosed.
INTELLECTUAL PROPERTY AND OWNERSHIP
All rights, title, and interest in the Services, the Educational Packages, the Educational Materials and the recordings, including all Intellectual Property Rights related thereto, existing now or in the future, are and shall continue to be the exclusive property of The Company . Subscriber shall not have any rights in the Intellectual Property Rights of The Company other than the limited right granted for the duration of these Terms and Conditions. Subscriber shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, provide or redistribute the Services or information in any manner or for any purposes (personal or business) without the prior express written consent of The Company .
Subscriber shall immediately notify The Company upon becoming aware of any unauthorized access to or use of the Services or any claim that any part of the Services infringes upon any Intellectual Property Rights of a third party.
Subscriber shall comply with all reasonable requests by The Company to protect the respective rights of The Company .
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Website and our Educational Packages are purely educational and informational in nature purposes only. Reliance on information posted and risks commentaries, information and other materials contained in any part of the Educational Package, or the Website are not intended to amount to advice on which reliance should be placed. The Subscriber should not assume that any recommendations, insights, charts, theories, or philosophies will ensure profitable investment. Trading and investing often involves a very high degree of risk. Past results are not indicative of future returns and financial instruments can go down as well as up resulting in you receiving less than you invested. Any use of the information provided on this Website is at your own risk and responsibility. The Services are provided with reasonable skill and care. All implied warranties and conditions are hereby excluded to the fullest extent permitted by law.
WARRANTIES AND ACKNOWLEDGEMENTS
These Terms and Conditions constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to this subject matter. Each party acknowledges that in entering into these Terms & Conditions, it has not relied on and shall have no right or remedy in respect of any statement, representation (save for any fraudulent misrepresentation) assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms & Conditions.
The Subscriber acknowledges that The Company is not providing broking services or investment advice and that The Company has not represented to you that a profit can be made from any investment activity whatsoever. Any investment examples cited by The Company are for illustration and education purposes only and are not to be relied upon as recommendations. Any decision to invest in any financial or investment product is made solely by you, and you acknowledge that The Company has no liability to you in respect of any such activities or the consequences thereof. You should obtain personal advice from a licensed financial adviser regarding the suitability of such activities in case you wish to trade in financial instruments.
DATA PROTECTION
We respect your privacy, and we are committed to protecting your personal data and to this effect we place high importance on the correct, lawful and fair handling of all the Data, respecting the legal rights, privacy, and trust of all individuals with whom it deals. By entering into these Terms and Conditions Subscriber agrees to provide us with such information as we reasonably request from time to time to assist us with provision of the products and Services under these Terms and Conditions.
Subscriber’s personal Data may be transferred or disclosed to any Affiliate for the purpose of providing the Services or, subject to appropriate agreements, consents and arrangements to ensure data protection, to third parties, for the processing of that personal information based on our instructions and in compliance with appropriate confidentiality and security measures. Link to Data Protection Policy.
Any consent provided by the Subscriber to The Company for the use, processing and/or disclosure of Data may be withdrawn by the Subscriber at any time upon submission of a relevant written request to the following email address: [email protected].
TERMINATION
We reserve the right to terminate these Terms and Conditions in whole or in part (which includes all or any Services under the Subscriber’s Account) or otherwise restrict, suspend or cancel any Service or any part at any time, with or without notice to you, and without liability to you in the following circumstances:
In the event of Subscriber’s Default, including (without limitation) Subscriber’s failure to pay any Fees by their due date;
If Subscriber is bankrupt or takes formal steps to commence its bankruptcy or makes or proposes any arrangement with its creditors or in any analogous event or proceeding in any other jurisdiction;
At The Company discretion (without any cause) upon giving at least five (5) days written notice to Subscriber;
Immediately on notice at The Company discretion (without any cause) if The Company , in its opinion, considers that the continuation of the Services to Subscriber may harm the interests of The Company in any way;
If any of the Educational Material is no longer available in a manner that is compatible with the system of The Company ;
If The Company believes at its own discretion that you have breached any of these Terms and Conditions contained herein.
The Subscriber may terminate these Terms and Conditions by closing the Account on his/her own initiative.
Upon termination (howsoever caused) of any parts of these Terms and Conditions or any Service:
All accrued and unpaid Fees applicable to such Service shall become immediately due and payable. The Company may at its discretion apply any unpaid balance to any other active Subscriber’s Account; and
Subscriber’s rights in relation to the terminated part will cease; and
The Company will delete from its records the Subscriber’s Data which it can no longer use.
The termination of these Terms and Conditions or any part (however caused), shall not affect the rights and obligations of the parties that have accrued prior to termination or those clauses which are intended to continue or take effect after termination which shall survive the termination.
FORCE MAJEURE
Neither The Company nor any of their respective officers, directors, employees, agents, representatives or Affiliates shall be liable for any loss resulting from any interruption and/or delay due to any cause over which such entities do not have direct control, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, power failures, equipment failure, industrial or labour dispute and The Company performance under these Terms and Conditions shall be excused for the duration of any such event.
JURISDICTION AND APPLICABLE LAW
These Terms and Conditions shall be governed by, construed, interpreted, and applied in accordance with the laws of England and Wales. In the event of any dispute and/or claim arising out of or in connection with these Terms and Conditions, such matters shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Data Factory Solutions Ltd, a private limited company registered under the laws of England and Wales with registration number 14522914, having its registered address at Suite 4018, 43 Bedford Street, London, United Kingdom, WC2E 9HA, is the contracting entity.
Notwithstanding the above, we reserve the right to bring proceedings against you for any breach of these Terms and Conditions in your country of residence or any other relevant jurisdiction, provided such actions are permitted under applicable law.
CONTACT US
If you have any concerns and/or complaints regarding the Website or to receive further information regarding the use of the Website, please contact us through our contact page or [email protected].