GENERAL PROVISIONS AND SUBJECT OF THE AGREEMENT1.1. This Service Agreement has been made between BALAHON COMPANY LTD Registered office address: 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE (hereinafter – Company), and the individual who filled in the registration form on the Product’s website and accepted the terms of this Service Agreement and of the appendices hereto at the moment of registration (hereinafter – Client). The Company, and Client are jointly referred to as "Parties."
1.2. The Agreement is an offer posted on the Company’s website that must be treated as an offer to enter into this Agreement on the terms set forth in it. The posted offer is not public. The Company at its sole discretion may refuse to enter into an Agreement with anyone without explaining the reasons for refusal or, if registration took place, to terminate contractual relations and to block access to the service provided. The Client's registration on the Product’s Website is considered to be unconditional acceptance of the terms hereof.
1.3. The Client must carefully review the terms of the Agreement. By accepting the terms of this Agreement, the Client agrees to the terms of all its annexes listed above, confirms that he or she is of legal age, legally competent, and not resident of a state where using the service providing signals may be deemed illegal.
1.4. The Client also represents and warrants to the Company that:
1.5. All information provided during Client registration and during the performance of Agreement, is true, accurate, reliable and complete in all respects, and the Client completed the registration form him/herself;
1.6. The Client has the powers necessary to enter into the Agreement, to submit requests and give orders, and to fulfill his/her obligations pursuant to the terms of the Agreement;
1.7. The client will adhere to legal norms, in particular international norms aimed at controlling illegal trade, financial fraud, and money laundering;
1.8. The Client will not use the website or service to collude in illegal financial activities or any other illegal transaction;
1.9. The Client is not a federal or municipal civil servant, an employee of a national or municipal institution, an employee of a national or municipal organization, an organization in which the state own a majority stake. The Client is not a politically exposed person or a family member or relative of a politically exposed person. The Client is not a person closely linked to a politically exposed person. The Company construes and uses the terms used in this clause independently at its discretion pursuant to the norms of international law and/or the laws of a particular country, generally accepted terms and definitions, and ordinary business customs.
TERMS AND DEFINITIONS2.1. Product’s Website – an internet site at the address (domain name) invest-trade.org, and other internet sites which the Company references in the Agreement or on the Company Website.
2.2. Company's Account – the Company's settlement account at a financial institution, an account (wallet) in an electronic payment system, and other accounts.
2.3. Payment service provider - a company that provides funds transfer services.
2.4. Cookie file - a small data set including an anonymous unique identifier which is sent to the web browser of the Client's computer or mobile telephone (hereinafter "device") from the Company server (Product’s website) and is stored on the hard disk of the Client's computer. The Client may configure a web browser to block cookie access to the computer. When a Client visits the Product’s Website, the viewed pages and cookie files are downloaded onto the hard drive of the Client's device. Cookie files stored on the hard drive may be used for anonymous identification if the Client revisits the Product’s website and to determine the website pages that are the most popular among our Clients. However, for confidentiality and security, the Company does not store Client personal data (including name, personal information, email address, etc.). Cookie files stored on the hard drive of the Client's device enable the company to create the most user-friendly and efficient website for Company Clients, providing us an opportunity to identify our Clients' preferences
2.5. Signal - the result of technical analysis of the market according to a certain algorithm. The analysis algorithms are described in the reference manual.
2.6. The terms used in this Agreement that are not defined in this section are to be construed according to generally accepted business customs and practices applicable to the trading of derivative financial instruments.
COMMUNICATIONS AND PROVISION OF INFORMATION3.1. To communicate with the Client, the Company may use:
- letters sent by post;
- different types of messages sent to the Client on the Product’s website.
Any correspondence (documents, notices, confirmations, announcements, reports etc.) are deemed received by the Client:
- one (1) hour after they are sent to the email address (e-mail);
- immediately after they are faxed;
- immediately after the telephone call ends;
- immediately after an SMS message is sent;
- seven(7) calendar days after they are mailed;
- immediately after an announcement is posted on the Product’s website.
3.4. The Client understands and agrees that, if the Client's behavior during conversations with a Company employee is inappropriate, the Company reserves the right to unilaterally terminate this Agreement.
3.5. The Company may use contact information provided by the Client to send informational, marketing, and advertising materials, and service messages and to resolve other tasks. The Company will determine the frequency with which it sends messages to the Client at its sole discretion. If the Client wishes not to receive informational (and other) messages from the Company, he/she must unsubscribe by clicking on the Unsubscribe link (if the message format provides this ability) or by contacting the client support department.
4.2. After the access to the product is purchased, the Client is given access to the signals and statistical information available on the Product’s Website.
CLAIMS AND DISPUTE RESOLUTION AND REFUND5.1. The Parties have agreed that they will make every effort to settle all disputes between the Company and the Client.
5.2. If a Client is not satisfied with the quality of Signals provided by the Company, he or she may ask for a refund within 15 days after purchasing the Product by submitting a refund request to the Company. All refund requests must be submitted in accordance with the following requirements:
5.2.1. refund requests must be submitted in writing;
5.2.2. refund requests must contain the following information: Surname, first name, middle name (if any), Client’s e-mail, date and time of the purchase and claimed amount; circumstances that are the grounds for the refund request and evidence supporting those circumstances, including a list of documents and other evidence attached to the refund requests authenticated by the Client; other information necessary;
5.2.3. refund requests must be sent by the Client within fifteen (15) business days after the purchase of the Product. The Client agrees that a delay in submission of the refund requests is grounds for refusal to consider it;
5.2.4. claims/complaints/statements/notices may be sent by e-mail to firstname.lastname@example.org, by registered or certified mail, or by other means of communication that provide a record that they were sent (including fax) or may be hand delivered with acknowledgment of receipt signed by the recipient. Refund requests made and sent in another form will not be considered.
5.3. Refund requests must not contain:
- a)an emotional evaluation of the dispute;
- b)offensive statements addressed to the Company;
5.5. The Company may reject a refund request if the terms of this section are violated.
5.6. The Company will revise a refund request within 5 business days after submission.
5.7. In case of any disputes, the Company reserves the right to fully or partially block Client’s access to purchased Product until the dispute is settled or until the Parties come to an interim agreement.
5.8. We issue refunds for our Product within 15 days of the original purchase of the Product. We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
5.9. If you have any questions about our Returns and Refunds Policy, please contact us:
By email: email@example.com
GOVERNING LAW6.1. This Agreement is concluded in the United Kingdom (hereinafter country of Company registration) and is governed by the legislation of the country of the Company's registration. The services hereunder are rendered in the country of the Client’s registration.
6.2. The Client expressly:
- a) agrees that the courts of the country of the Company’s registration have exclusive jurisdiction to conduct any legal proceedings with respect to this Agreement;
- b) submits to the jurisdiction of the courts of the country of the Company’s registration;
- c) waives any appeals with respect to proceedings in any of such courts;
- d) agrees to make no claims regarding forum non conveniens and not to declare that the forum state has no legal jurisdiction over the Client.
FORCE MAJEURE7.1. If it has reasonable grounds, the Company is entitled to claim the occurrence of force majeure events. The Company must take proper steps to inform the Client about the occurrence of the force majeure events. Force majeure events include (but are not limited to):
- a)any action, event or phenomenon (including, but not limited to, any strike, mass rioting or civil unrest, terrorist attacks, wars, natural disasters, accidents, fires, floods, storms, blackouts, communication, software or electronic equipment failures, malfunctions in any type of hardware or software, instability in the quote feed, any interruptions or failures in the liquidity provider service, etc.) that, in the reasonable opinion of the Company, resulted in not providing the trading signals destabilisation of the market or markets for one or several assets (instruments);
- b)suspension, liquidation or closure of any market or the absence of any event on which the Company basis quotes, or the imposition of limits or special or non-standard trade conditions in any market or with respect to any such event.
- a) stop sending signals and statistics
- b) suspend or alter the application of one or all provisions of the Agreement during which the force majeure event makes it impossible for the Company to fulfill such provisions;
- c) perform or, vice versa, not perform any actions with respect to the Company, the Client and other clients if the Company finds it reasonable in these circumstances on sufficient grounds.
DISCLAIMERStocks, Options and other exchange tools has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the stock, binary options or futures markets. Don't trade with money you can't afford to lose especially with leveraged instruments such as exchange trading. This website is neither a solicitation nor an offer to Buy/Sell stocks, futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. You could lose all of your money fast due too: poor market trading conditions, mechanical error, emotional induced errors, news surprises and earnings releases.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
The owners of the website and the website hereby waive any liability whatsoever due to the use of the website and/or information. Use of the website, the content and the information is made on the user's sole liability. The user hereby releases the owners of the website from any liability for damage caused to his computer, in any, through the use of the website and/or its content and/or its various services. The user hereby releases the owners of the website, the website, their partners, agents, employees, officers, managers, directors, shareholders, etc. from any liability for losses and/or financial damages and/or personal bodily damages and/or fraud, caused through the use of the website.
All rights reserved. The use of this website constitutes acceptance of our user agreement.
TERM AND TERMINATION OF THE AGREEMENTThis Agreement comes into force upon its conclusion (client registration on the website) and will be valid in perpetuity.
Either Party may terminate this Agreement unilaterally:
The Agreement is considered terminated on the initiative of the Company as of the date specified in the notice sent by the Company to the Client;
The Agreement is considered terminated at the initiative of the Client five (5) business days after the Company receives the Client’s written notice containing the statement of termination of the Agreement, provided the Client has no unfulfilled obligations hereunder. The Client must send the Termination Notification to the email address firstname.lastname@example.org.
FINAL PROVISIONSAmendments and supplements to this Agreement and to its annexes hereto will be made by the Company unilaterally. All amendments and supplements made by the Company and not related to the circumstances specified herein come into force on the date specified by the Company.
Amendments and supplements made by the Company to this Agreement and to its annexes because of amendments to legislation and regulations governing the subject hereof and to rules and contracts of trading systems used by the Company to discharge its obligations hereunder come into force simultaneously with amendments in the aforementioned documents.
When the amendments and supplements made by the Company come into force, they will apply equally to all Clients, including those who concluded the Agreement before their effective date.
To ensure that a Client who entered into the Agreement is aware of amendments and supplements before they come into force, the Client must visit the Product's Website him/herself or through authorized persons at least once a week to find information about any amendments and/or supplements.
The Client (individual) providing his/her personal data to the Company in any form and in any way (when performing any actions on the Product’s website, through the Company’s counterparties, etc.) thereby gives the Company and its partners his/her consent for automated and non-automated processing of his/her personal data for the purpose of the fulfillment of this Agreement, the implementation of advertising campaigns, provision to him/her of advertising, informational, and marketing materials, information about campaigns and events held by the Company, and for other purposes determined by the Company, namely: to collect, record, systematize, accumulate, store, adjust (update, amend), extract, transfer (disseminate, grant access), depersonalize, block, delete, destroy and transfer across borders personal data. Consent is given for a period of 75 years (or until expiry of the retention periods for the relevant information or documents containing that information determined in accordance with the current legislation of the Company's location). Consent may be withdrawn in accordance with legislation by sending a statement to the Company’s location. Contact information is posted on the Product’s Website.The Company guarantees the confidentiality of the personal data provided by the Client, excluding the circumstances set by the applicable law and force majeure.
The Client may use information that was communicated to the Client either orally or in writing that is posted by the Company or by third parties, access to which was granted to him/her as part of the services hereunder only for transactions under this Agreement. The Client may not disseminate, alter, or supplement the aforementioned information, or store it in separate archives. In any event, the scope of powers granted to the Client with respect to information posted by third parties cannot exceed the scope of powers obtained by the Company from the third party. The Company does not guarantee that information posted by third parties is reliable, accurate, or relevant and will be provided on an ongoing basis without interruptions. Nor is the Company liable for the results of transactions (losses, lost profit, lost income, injury to goodwill, etc.) that the Client decided to perform on the basis of information provided by the Product (Signals).
The Company may fully or partially transfer the rights and obligations under this Agreement and the annexes hereto to a third party if such person undertakes to fulfill the terms hereof. This transfer of rights and obligations will come into force 10 business days after the day when the Client is deemed to have received the relevant notice pursuant to the provisions of this Agreement.
The Client is not entitled to assign his/her own rights, impose his/her own obligations or transfer rights or obligations hereunder in any other way without prior written consent of the Company. If this condition is breached, any such assignment, imposition or transfer will be deemed null and void.
The Company may prepare and use texts of the Agreement and its annexes in languages other than English. If there are contradictions between the text of this Agreement and its annexes in English and the corresponding texts in other languages, the text in English will prevail. The text of the Agreement published on the Product’s website prevails over the text of the Agreement published elsewhere.