TERMS OF SERVICE
These general terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the TheTalentedTrader.Com website (“Website”, “Service” or “Provider”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “Client”, “you” or “your”) and FXLDN MEDIA LTD (“THETALENTEDTRADER.COM”, “WE”, “US” or “OUR”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and THETALENTEDTRADER.COM., even though it is electronic and is not physically signed by you, and it governs your use of this Website and our Services.
- Accounts and Membership
You must at be at least 18 years of age to use our Website and Services. By using the Website and Services, and by agreeing to this agreement you warrant that you are at least 18 years of age. User attests that all information, including the name and personal information are true and correct and shall be updated by user if changes occur. User shall not sign up under any name except their legal name. Client shall not impersonate anyone. Client shall not transfer the rights of their account to anyone else and there are no third-party beneficiaries to the services. Client certifies it is not prohibited by applicable law to user and they are authorized to use our services and we are not responsible for the using of our service in any way that breaks applicable law to the user. User shall not share the account login information with anyone or participate in any type of account management services that involves copying of another person’s trades. User is responsible for any use associated with their account. We will not be liable for any acts or omissions by the client, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
3. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The fees for your Challenge are nominated in U.S. dollars. In the event of payment of the fee in any other currency than USD, the amount of the fee for the selected option shall be converted to USD using the exchange rate of your payment processor. Service charges are inclusive of all taxes. The Client is obliged to fulfil all of one’s tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, the Client is obliged to pay tax or other fees properly.
You can pay the fee for the selected Funded Account Program by a payment card, or using other means of payment that the Provider currently offers on the Website. In the event of payment by a payment card or via any other express payment method, the payment shall be processed immediately. If you do not pay the amount on time, the Provider is entitled to cancel your order. Client bears all fees charged to Client by the selected payment service provider (according to the valid pricelist of the payment services provider) in connection with the transaction and the Client is obliged to ensure that the respective fee for the selected Funded Account Program is paid in full.
4. Refund policy
We offer a 14 day risk-free money back guarantee. If you are not satisfied with the service for any reason you can get a refund within 14 days of making a purchase. Please keep in mind that even though we offer a full money back guarantee, the signup fee is non-refundable, in partial or in full, in the following cases: (i) once the trading activity has commenced by the Client; (ii) the Client violates this Agreement or the Program Terms & Conditions. If the Client lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Client’s bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to the Client any services and refuse any future provision of any services.
Your request for refund must be emailed to billing@TheTalentedTrader.Com within the specified time limit. We will confirm the receipt of the form to you in text form without undue delay. If you choose to withdraw, we will refund you without undue delay (no later than fourteen (14) days after your withdrawal from the contract) the nett fee (i.e. full fee received less Refund Processing Fee), in the same way in which you paid them. Please take note that there will be a Refund Processing Fee of 5% of the refunded amount.
5. Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
7. Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, THETALENTEDTRADER.COM. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
8. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Any trading styles that are deemed as cheating are not allowed, this includes any style of demo account trading that would not result in profits in the real market, or would not be possible in real market trading conditions, for example, exploiting a delayed feed, HFT strategies, gap trading, latency arbitrage, Long short arbitrage, Reverse arbitrage, opposite account trading. Any trading activities that exploit the inefficiencies of Metatrader are all unacceptable trading methods.
9. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by THETALENTEDTRADER.COM. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with THETALENTEDTRADER.COM. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of THETALENTEDTRADER.COM. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of THETALENTEDTRADER.COM. or third party trademarks.
10. Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- Limitation of liability
To the fullest extent permitted by applicable law, in no event will THETALENTEDTRADER.COM., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of THETALENTEDTRADER.COM. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to THETALENTEDTRADER.COM. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold THETALENTEDTRADER.COM. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
- Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website.
- Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via sending an email to support@TheTalentedTrader.Com