PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OUR SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
Welcome to https://www.aquafunded.com (“Company”). The https://www.aquafunded.com website and all services and interactions with Company (collectively, the “Site”) are comprised of various web pages operated by Aqua Funded FZCO. The Site is made available to you conditioned on and subject to your acceptance without modification of the terms, conditions, and notices contained herein (collectively, “Terms” or “Agreement”). Your use of the Site constitutes your acceptance of and agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. These Terms are applicable for all services provided by Company and this “Site.”
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. THE PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE NOT IN ANY WAY INTENDED TO BE CONSIDERED AN INVESTMENT.
Company provides various evaluations plans and prgrams intended for traders to prove their skills in simulated trading by passing evaluations with specific goals that must be achieved in order to pass the evaluations.
Trader Representations
By using the Services, you represent that you are at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf. You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
Other Policies
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain services and are included as part of these Terms whether they reference these Terms or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
- Company FAQ therein, as amended from time to time and which are incorporated by reference and made a part of these Terms. By agreeing to these Terms, you are agreeing to abide to all rules identified within the knowledge center and other sources within the website.
- The Privacy Policy
- The Refund Policy (if applicable)
Electronic Communications
Visiting this Site, contacting Company via social media and live chat support, or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, live chat support, social media and on this Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Minors
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you are prohibited from the use of services and interactions with Company. If a minor circumvents the controls Company has implemented to restrict use of our services, any resulting actions or consequences are solely the responsibility of the minor. By accessing our services, you agree to hold us harmless for any actions or consequences resulting from your failure to comply with our age restrictions.
Links to Third Party Sites/Third Party Services
Our Website, www.aquafunded.com, may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of any site or any association with its operators.
Certain services made available via www.aquafunded.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.aquafunded.com domain, you acknowledge, agree and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.aquafunded.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable to access and use www.aquafunded.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law, regulation or requirement to which Company or you is or may be subject. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, including copyrights and trademarks, in whole or in part, found on the Site. Company materials and Site content are not for resale, and by accessing the Site you acknowledge and agree that you will not resell, redistribute or otherwise use or attempt to use the Site or its contents in any manner or for any purpose except as permitted or authorized by Company. Your use of the Site does not entitle you to make any unauthorized use of any content, and without limiting the foregoing, in particular you will not delete, alter or otherwise modify or attempt to modify any proprietary rights or attribution notices in any content. You will use protected content solely for your personal non-commercial use and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in or claims to any Site content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
You are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website. You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and does not have the Companyfirmative obligations to monitor such content, it does reserve the right to remove them. You are expressly prohibited from using any trading strategy that is expressly prohibited by the Company or the Brokers it uses. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:
- Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker
- Utilizing non-public and/or insider information
- Front-running of trades placed elsewhere
- Trading in any way that jeopardizes the relationship that the Company has with a broker or may result in the canceling of trades
- Trading in any way that creates regulatory issues for the Broker
- Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts
- Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded account, as determined by the Company in cooperation with Aqua Funded at their discretion
- Entering into an Equity CFD at or near the end of the trading day with intent of profiting from the marketing gap between when the market closes and reopens on the subsequent trading day, as determined by the Company in its sole and absolute discretion.
- Attempting to arbitrage an challenge account with another account with the Company or any third-party Company, as determined by the Company in its sole and absolute discretion.
If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company. Additionally, and before any Trader shall receive a funded account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by both the Company and the Broker to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a funded account.
Traders are prohibited from being a principal, owner or otherwise directly associated with a competing proprietary trading firm, while at the same time trading on the Company’s platform. If a Trader is found to be a principal, owner or otherwise directly associated with a competing proprietary trading firm their trading account with the Company will be immediately terminated, and the Trader will be suspended from all further use of the platform.
Trading Syles; Risk Management
Aqua Funded may perform a risk review on accounts at any stage of the process. Aqua Funded reserves the right to terminate an account or agreement or deny a withdrawal request if it is deemed a customer has abused margin availability on an account or not applied an appropriate risk management strategy. Such strategies include, but are not limited to those described below.
Prohibited Strategies:
Displaying insufficient risk management in a way that would not be an applicable strategy in the real market where the following hallmarks are most prevalent:
- Excessive risk taking in terms of the % of an account risked in a single simulated-trade;
- Excessive cumulative risk taking in terms of the % of an account risked in a series of overlapping simulated-trades;
- Excessive risk taking exacerbated by news events. This relates to a “Boom or Bust” approach where the success or failure of the account relies upon one simulated-trade, or a series of simulated-trades connected to a major news event;
- Simulated-trading in such a manner that if conducted in a real trading environment it would raise substantial concerns that the relevant broker or institution may suffer real financial harm resulting from the customer’s risk-taking behavior; and
- Simulated-trading which either knowingly, or unknowingly, exploits errors or delays in pricing feeds including, but not limited to Arbitrage.
Indemnification
You agree to indemnify, defend, and hold harmless Company , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party or any applicable laws, regulations or requirements. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Company in asserting any available defenses.
Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY Company FECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
In the event the parties are not able to resolve any dispute, claim or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by final and binding arbitration pursuant to the International Centre for Dispute Resolution in accordance with its International Arbitration Rules (“ICDR”), conducted by a single neutral arbitrator and administered by the ICDR as those Rules exist on the effective date of this Agreement. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence.The following conditions for arbitration will apply:
- There will be a panel of one (1) arbitrator;
- The place of arbitration shall be Dubai, United Arab Emirates;
- The arbitration shall be held, and the award rendered, in English;
- Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; and
- The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If you elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:
- Aqua Funded FZCO
Address: Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates
Email Address: support@aquafunded.com
If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding Arbitration forms can be downloaded from http://www.icdr.org.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY Company AFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Education
The Company does not provide any trader education. The intent of The Company is to identify individuals with a talent for trading. No live trading is provided directly by the Company. Such Traders who pass an assessment offered by the Company shall be allocated capital to trade in a live account under the terms of an agreement with the Company. Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided on by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice. The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website. While the Company does not provide you with the opportunity to invest actual currency, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results. As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.
Account Creation
In order to register as a Trader, you may be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, date of birth and a username and password for an account that is unique to you. The information provided is subject to the Company’s privacy policy on the Company Website. The account will be personal to You, and You cannot share it with anybody else. You may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify the Company. Traders are limited to one active account per challenge level, absent prior written approval by the Company.
Media Usage Rights
By providing any images, videos, or other media materials ("Content") to AQUA FUNDED - FZCO, you grant AQUA FUNDED - FZCO, its affiliates, and partners a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and publicly display the Content in any media formats and through any media channels, including but not limited to our website, social media platforms, and paid advertising, for commercial or promotional purposes.
You confirm that you either own the Content or have the necessary rights and permissions to grant this license. You also acknowledge that AQUA FUNDED - FZCO may use the Content without providing further notice or compensation.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. Company AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.
Company AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes & Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree to that these California Civil Code Section 1542 protections no longer apply to you.
International Users
This Site is controlled, operated and administered by the Company from our offices in the Dubai, United Arab Emirates. If you access the Site from a location outside Dubai, United Arab Emirates, you are responsible for compliance with all applicable laws. You agree that you will not use Company content accessed through the Site in any country or in any manner prohibited by any applicable laws, regulations or requirements.
The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
AUSTRALIA
Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
CANADA
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail or contact us in writing by writing to the Company address listed in the notice provision herein.
EUROPEAN UNION
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Japan
Any intellectual property rights vested in us under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us any moral rights you may have, including, without limitation, the feedback or suggestions.
Each Party represents and warrants that it (a) is not an anti-social force (meaning here and herein after, gangsters, anti-social forces, and others equivalent thereto) and (b) does not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.
UNITED KINGDOM
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. These Terms are governed by the laws of the United Arab Emirates, and you agree that any dispute, disagreement, arbitration, or mediation with Company or arising out of or in connection with these Terms, that is not resolved through arbitration as provided herein shall be resolved by the courts located in Dubai, United Arab Emirates.
You consent to such exclusive jurisdiction and venue of such courts for such purpose. Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or your use of the Site. Company’s performance of these Terms is subject to applicable laws, regulations and requirements, and nothing contained in these Terms is in derogation of Company’s right to comply with governmental, judicial and law enforcement requests or requirements relating to you or your use of the Site or information provided to or gathered by Company with respect to you or such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Company with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Force Majeure
The Company shall not be liable to trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, pandemic, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.
Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
Severability
In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
Waiver
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
Entire Agreement
This Agreement contains the entire agreement between the Company and the trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms supersedes all previous versions. Company encourages you to periodically review the Terms to keep informed regarding any updates. Your continued use of our website and/or Services available after any such modifications will constitute your: (a) acknowledgment of the revised Terms of Service; and (b) agreement to abide and be bound by such Terms of Service as revised.
Updated: August 30, 2024.
