These Terms and Conditions govern the terms of your access and use of MyDigiTrade website, platform and/or services provided through this platform as website visitors, signal followers and signal providers, and constitute your legal agreement with us.
After you click on ‘Sign up’, ‘Register’ or ‘I Agree’ or when you use the MyDigiTrade website, platform and/or services provided through the platform, a legally binding agreement on these Terms and Conditions is concluded between you and us.
- “Terms”, “Terms and Conditions” means these Terms of Conditions.
- “We”, “us” means Larmond Capital Ltd, a British Virgin Islands company with registered No. 1713090, the owner of the MyDigiTrade Platform.
- “User”, “you” means a person or a company using the MyDigiTrade Platform and the Services as a website visitor, Strategy Follower or Strategy Provider.
- “Strategy Follower” means a user, who has signed up for the Services by registering on the MyDigiTrade Platform and uses MyDigiTrade Services and Strategy Provider’s Services by following trading signals from Strategy Providers.
- “Strategy Provider” means a financial markets trader, who has developed certain trading systems designed to generate trading signals to be used by Strategy Followers, and who streams their trading activities through MyDigiTrade Platform or through the platforms and websites of our licensees.
- “Broker” means a broker and its online trading system, which is integrated with MyDigiTrade Platform and where the Strategy Followers’ trades are executed according to the trading signals from Strategy Providers.
- “MyDigiTrade Platform” means the website and our proprietary web-based platform for auto-trading, accessible at http://www.mydigitrade.com/ or any other online website or mobile application provided by us, through which MyDigiTrade Services and Strategy Provider’s Services are available and provided, including their sub-domains, programming code, related technologies, know-hows, databases and design.
- “MyDigiTrade Services” means provision of the MyDigiTrade Platform by us:
- To Strategy Providers in order for them to provide Strategy Provider’s Services to Strategy Followers through the MyDigiTrade Platform. Such services also include access to the trading statistics of Strategy Followers, who follows you as a Strategy Provider.
- To Strategy Followers, in order for them to receive the trading signals from the selected Strategy Providers and following them on financial markets by real-time duplicating (mirroring) their trading activities and execution trades in automated mode according to the trading signals through account opened by Strategy Followers with a Broker (Brokers) and connected with the MyDigiTrade Platform. Such services also include (i) validation of the received trading signals from Strategy Providers, (ii) sending the validated trading signals to the Strategy Followers’ accounts with Brokers for execution, and (iii) access to the portfolio management and the trading statistics modules of the MyDigiTrade Platform.
- “Strategy Provider’s Services” means making available by Strategy Provider its trading activity and streaming it to Strategy Followers through the MyDigiTrade Platform. Each trading action performed in Strategy Provider’s account connected to the MyDigiTrade Platform is sent to Strategy Followers’ Broker accounts as a trading signal. Such a signal automatically triggers a trade in Strategy Follower’s account (i) if it falls within the settings and parameters set by Strategy Follower and (ii) in case this particular Strategy Follower has chosen to follow the trading signals from this certain Strategy Provider.
- “Services” means MyDigiTrade Services and Strategy Provider’s Services.
2. Registration and Your Account with Us
To use the Services, you will first need to register for an account with us. You may only use the Services if you are 18 years of age or over (or such other higher minimum legal age in your country) and it is legal for you to do so according to the laws that apply in your country. It is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services.
You can open an Account with us by entering your valid email address and login name, which will become your Account name, and choosing password (“Login Details”), and other information such as your:
- first and last name,
- country of residence and
- phone number.
You shall ensure that information provided at registration is always accurate and kept up to date.
You may be able to change information you have provided at registration by editing your Account preferences or contacting us.
You must not disclose your Login Details to anyone and allow anyone else to use it. You are responsible for the security of your Login Details.
Everyone who identifies themselves by entering correct Login Details is assumed by us to be the rightful Account holder and all transactions where Login Details have been entered correctly will be regarded as valid.
You may not create multiple Accounts.
3. General. Use of MyDigiTrade Platform and Services
Any use of the MyDigiTrade Platform and the Services is at your sole option, discretion and risk. By using them you acknowledge that you do not find the services to be objectionable or unfair in any way.
License Grant. Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the MyDigiTrade Platform for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the MyDigiTrade Platform in the manner permitted by these Terms.
Any other use of the MyDigiTrade Platform requires our prior written consent.
Legal Restrictions. The MyDigiTrade Platform may be used and accessed for lawful purposes only. You understand that laws regarding financial contracts and trading activities vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the MyDigiTrade Platform and the Services. The ability to access the MyDigiTrade Platform does not necessarily mean that the Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
User Restrictions. You agree that you will not do any of the following while using or accessing the MyDigiTrade Platform or using the Services:
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the MyDigiTrade Platform and the Services.
- Distribute, re-transmit, encumber, sell, rent, lease, sublicense, assign or otherwise transfer any of the content, data or information provided by us or Strategy Providers, including trade signals, in any form or by any medium.
- Use or copy any of the content, data or information provided by us or Strategy Providers, including trade signals, in whole or in part except as set out in these Terms.
- Use the MyDigiTrade Platform as part of a facility management, timesharing, service provider, software-as-a-service, display, perform, or publish or otherwise permit third parties to benefit from the use or functionality of the MyDigiTrade Platform or any data or information provided by, with or through the MyDigiTrade Platform.
- Circumvent, disable or otherwise interfere with security related features of the MyDigiTrade Platform.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any functionality of the MyDigiTrade Platform, servers or networks connected to the MyDigiTrade Platform, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the MyDigiTrade Platform.
- Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the MyDigiTrade Platform.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MyDigiTrade Platform.
- Attempt to access, scrape, parse, search or meta-search the MyDigiTrade Platform with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers.
- Collect or store personal data about users without their express permission.
- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud.
- Use the MyDigiTrade Platform or the Services in any manner not permitted by these Terms.
- Encourage or instruct any other individual to do any of the foregoing or to violate these Terms.
Updates and Support. At our discretion we may make updates or upgrades available for the MyDigiTrade Platform. On a case-by-case basis and at our sole discretion we may offer support for the MyDigiTrade Platform and MyDigiTrade Services consisting of online FAQ, online documentation (user manuals or tutorials), live chat and support over email.
Publicity. By accepting these Terms you consent to the use of, and agree that we may use, your name, likeness, and photograph in, and in connection with, the development, production, distribution and/or exploitation (including marketing and promotion) of MyDigiTrade Services, our websites and/or our business generally , without additional compensation.
In the event that you as a Strategy Follower ranks among top trade performers , you acknowledge and agree that by this fact you are making yourself available to us for publicity, advertising and promotional activities relating to MyDigiTrade Services, our websites and/or our business generally, without additional compensation, from the date of your entering the top until such time you are no longer in the top. We reserve the right to make public statements about you and your performance, on-air, on the Internet, or otherwise. You agree not to charge or demand, or attempt or seek to charge or demand, any fee or additional consideration or compensation, or impose any additional conditions, in respect of the fulfillment of any such obligations.
4. Use of MyDigiTrade Platform and Services by Strategy Followers
Regulatory Compliance. You represent that only your own proprietary capital is being used to fund your account. If this is not the case, you represent that you are properly registered or licensed in the jurisdiction where you are located, or exempt from such registration or licensure. You agree to immediately inform us in the event that the foregoing representation is no longer accurate.
Demo Version. We may provide you with evaluation version of the MyDigiTrade Platform for 30 days period.
Disclaimer Regarding Investment Decisions and Trading. Decisions to buy, sell, hold or trade in foreign currencies and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in investments involves a risk of substantial losses. YOU AGREE THERE ARE RISKS INVOLVED IN IMPLEMENTING INVESTMENT STRATEGIES AND IN INVESTMENTS IN GENERAL.
The use of any trading system, strategy or signals, including any system, strategy or signals included as a sample in, or that is or was developed using, the MyDigiTrade Platform and the Services or any data, information, products or services provided by or through the MyDigiTrade Platform and the Services, including trade signals from Strategy Providers, does not and cannot guarantee that you will make profits, increase profits or minimize losses.
You understand that there can be no guarantee that your use of the Services or the information disseminated through the MyDigiTrade Platform will result in profits. Further, you understand that such your use may result in substantial losses.
Additionally, trading results based upon hypothetical or historically-tested trading strategies or systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can account for the level of risk present in actual trading. Numerous factors relating to market conditions, the existence or nonexistence of specific events or circumstances, human error, human/emotional reaction to losses during actual trading, inherent limitations of certain hypothetical or historically tested models, particularly ones that do not operate at the “tick” (as opposed to open, high, low, close) level, volume of trade and liquidity differences between hypothetical models and actual trades, and other supply/demand differences that may not be addressed by hypothetical models, and other conditions and circumstances, can account for these differences. There is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically tested performance results and the actual results subsequently achieved by any particular trading system or strategy. The possible reasons for this include the likelihood that no trading strategy or system can, even with automated trading, be precisely executed as designed. YOU AGREE THAT FUTURE RESULTS MAY NOT BE PROFITABLE OR EQUAL TO REPRESENTATIONS OF PAST PERFORMANCE; REAL, INDICATED OR IMPLIED.
The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, strategy or starting following a certain Strategy Provider, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.
YOU ALONE ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENTS OR DECISIONS YOU MAKE BASED ON THE MYDIGITRADE PLATFORM OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE MYDIGITRADE PLATFORM, INCLUDING TRADE SIGNALS FROM SIGNAL PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY TRADING OR INVESTMENT ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES IN BASED ON ANY INFORMATION, DATA OR MATERIAL YOU RECEIVE THROUGH THE MYDIGITRADE PLATFORM, INCLUDING TRADE SIGNALS FROM SIGNAL PROVIDERS, OR AS A RESULT OF USE OF THE MYDIGITRADE PLATFORM.
You also agree to bear complete responsibility for your choice of Strategy Provider(s) and acknowledge that we have not and will not make any specific recommendations to you upon which you are entitled to rely.
No representation is being made that any account will or is likely to achieve profits or losses similar to those achieved by Strategy Providers or any other traders. Your attempt to follow any trades provided by Strategy Providers may be hindered by the inherent delay in receiving and executing that trade; market liquidity, and your own trading issues, including, but not limited to slippage, commissions, trading software, and internet outages.
The returns for Strategy Providers listed throughout the MyDigiTrade Platform are hypothetical in that they represent returns in a model account. The model account may rise or fall by the exact single contract profit and loss achieved by clients trading actual money pursuant to the listed system’s trading signals on the appropriate dates, or if no actual client profit or loss is available, by the hypothetical single contract profit and loss of trades generated by the system’s trading signals over the test period.
The actual percentage gains/losses experienced by you will vary depending on many factors, including, but not limited to: the settings you have selected for trades mirroring, starting account balances, market behavior, your account settings, and the performance of Strategy Providers. Because of this, actual percentage gains/losses experienced by you may be materially different than the percentage gains/losses as presented through the MyDigiTrade Platform.
No Advice or Solicitation. The MyDigiTrade Platform is for informational purposes only. You acknowledge and agree that the MyDigiTrade Platform is not intended to supply investment or financial advice or a recommendation to trade using any specific Strategy Provider. We or Strategy Providers offer no advice regarding the nature, potential value, or suitability or any particular currency, transaction, investment or investment strategy. You should not construe any data or information provided by Strategy Providers as legal, tax, investment, financial or other advice.
Nothing in the MyDigiTrade Platform is a solicitation to buy, sell or hold foreign currencies or other investments or financial instruments.
Refund Policy. We will issue a refund to Strategy Follower for losses caused by Platform Errors, if the Strategy Follower provides timely notice of the error to us as described below.
A “Platform Error” occurs if a trading signal that should have been rejected according to the Strategy Follower’s Account settings is validated and accepted by us and submitted to the Strategy Follower’s Broker, or if a trading signal that should have been accepted according to the Strategy Follower’s Account settings is rejected by us and not submitted to the Strategy Follower’s Broker.
We shall not be responsible for refunding lost profits resulting from Platform Errors under any circumstances.
Errors of Strategy Providers shall not be considered Platform Errors, and we shall not be responsible for refunding losses or lost profits resulting from such errors under any circumstances.
In order to receive a refund of losses caused by Platform Errors, you must notify us in writing of your potential claim. You must deliver the written notice to us as soon as you knew, or should have known, of the Platform Error, but in any event, no later than twenty-four hours after the Platform Error occurred. If we do not receive such notice from you within twenty-four hours after the Platform Error occurred, we will not be liable for any losses resulting from the Platform Error.
If we confirm that the Platform Error occurred with respect to your Account, and you provided the required notice to us within twenty-four hours, you will receive a refund of your losses caused by the Platform Error (not including lost profits).
You are required to review your account statements and monitor your account status at least daily to ensure that the trades you ordered were placed, and that all trades that were made on your account were authorized by you.
5. Strategy Provider’s Services and Obligations
Strategy Provider’s Exempt Status. Strategy Provider represents and warrants that it does not direct or guide any customer accounts or provide trading advice based on, or tailored to the forex interests or cash market positions or other circumstances or characteristics of any customer.
The Strategy Provider further represents that it has obtained all required domestic and foreign governmental and regulatory licenses or registrations as may be necessary to provide Service Provider’s Services and carry out its obligations and duties under these Terms, or is exempt from such registration or licensure.
The Strategy Provider agrees and acknowledges that we are entitled at our sole discretion to grant a license to our partners who may use our platform under their brand and trade dress. The Strategy Provider hereby consents to provide Strategy Provider’s Services through our licensees’ websites and under their brands.
Verification of Strategy Providers. The name on your Account with us must match your true and legal name and identity, and must match the name on the payment accounts used to withdraw monies.
To verify your identity, we may request at any time:
- satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used), and
- satisfactory proof of address (including but not limited to a recent utility bill or bank statement).
In the event Strategy Provider is a corporate entity, Strategy Provider shall provide its formation documents and information sufficient for us to determine the corporate or business entity’s identity, and the authority of its business representative to act on its behalf, as well as the business representative’s identity.
If you do not supply such documentation to us we may suspend or terminate your Account and we may withhold the account balance until you supply such documentation and our verification process is completed satisfactorily.
Ranking. As you trades as a Strategy Provider, your performance and position in the MyDigiTrade Platform ranking will evolve; moving up and down. You agree that we, at our sole discretion, decide what data and information are taken into consideration in order to calculate your place in the ranking.
Non-Solicitation. Strategy Provider agrees not to solicit to offer the services the same as or similar to Strategy Provider’s Services to any Strategy Follower while engaged in providing of Strategy Provider’s Services or for 6 month thereafter. Strategy Providers agree that it is impossible to fix with certainty the damage to us for breach of this non-solicitation provision, and Strategy Providers therefore agree that they will pay, for each breach of this provision, as liquidated damages, an amount equal to one hundred percent (100%) of the involved Strategy Follower commission accrued from this Strategy Follower over the most recent 6 full months. Such amount will be due and payable by the Strategy Provider within 10 days of receipt of a notice from us.
Independent Contractor. Strategy Provider is an independent contractor, and not our employee or agent, nor shall anything herein be construed as making Strategy Provider a partner or co-venturer with us or any of our affiliate. Strategy Provider shall have no authority to bind, obligate or represent us.
Compensation. Strategy Provider receives compensation for providing Strategy Provider’s Services to Strategy Followers calculated and paid by us according to the payment terms published on our website. The payment terms are the integral part of these Terms. Payment terms depend on the type of your Account with us (Pro, Live, High Risk, Demo, etc.), amount of commissions received from Brokers, your performance and other criteria set out by us at our discretion. We assign the Strategy Provider’s Account types to each Strategy Provider at our sole discretion.
Such compensation paid to the Strategy Provider will constitute full payment for Strategy Provider’s Services. The Strategy Provider will not receive any additional benefits or compensation under these Terms.
Strategy Provider’s compensation is calculated on a monthly calendar basis within 15 business days of the next calendar month.
For each specific calendar month that a Strategy Provider presents a negative balance (the end of month valuation of the Strategy Provider’s equity is lower than its valuation at the beginning of the month), the Strategy Provider will not be compensated, unless he has a Pro Account.
The Strategy Providers, who apply abusive trading behavior, introducing high risks to their Strategy Followers, will be examined carefully and if deemed malicious, they will be refused compensation and their Account may be terminated.
Withdrawals. Strategy Provider may request withdrawals of earned compensation at any time and in case all of the following conditions have been met:
- you have over US$100.00 at your balance,
- there are no withdrawal method restrictions,
- your identity has been sufficiently verified, and
- you are in compliance with these Terms.
We will pay you in the US dollars via bank wire transfer or other payment methods (if applicable and at our sole discretion).
You are responsible for any applicable taxes, duties, bank or payment provider fees or surcharges that may occur regarding the transaction. We may report and withhold any amount from your balance (for example, taxes) in order to comply with any applicable law.
After we accept your withdrawal request we will pay you in 15 business days.
In case these Terms are terminated by us or by Strategy Provider without a cause payment must be requested within 30 days of receipt of the termination notification. Payment requests received after this period will be rejected.
6. Intellectual Property Rights and Content
Our Intellectual Property Rights. We own and protect from illegal use the exclusive rights in Our Intellectual Property, in particular:
- Programming code and design of MyDigiTrade Platform;
- MyDigiTrade databases;
- Our trademarks, service marks and logos
- Other content, which is not Third Parties Intellectual Property.
No rights in Our Intellectual Property are granted to you, except for the rights explicitly indicated in these Terms.
We reserve the right to prosecute any infringers in court and/or through other authorities in order to protect Our Intellectual Property.
Third Parties Intellectual Property Rights. Trademarks or service marks are of their respective owners. Third-party trademarks are used:
- With their owners consent, or
- To describe and/or refer to the particular product, company or service underlying the trademark. In this case we are not affiliated with, endorsed by or sponsored by any of the trademark owners.
7. Disclaimer of Warranties
Your use of the MyDigiTrade Platform and the Services and any other information, products or software made available through the MyDigiTrade Platform or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The MyDigiTrade Platform and MyDigiTrade Services, and all materials, information, products and services included therein, are provided on an «AS IS» and «AS AVAILABLE» basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE MYDIGITRADE PLATFORM AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Strategy Providers disclaim the same warranties as set out above relating to Strategy Provider’s Services furnished to Strategy Followers.
We disclaim any warranties:
- Regarding the security, accuracy, reliability, timeliness and performance of the MyDigiTrade Platform and MyDigiTrade Services.
- That the MyDigiTrade Platform and MyDigiTrade Services will be error-free or that any errors will be corrected.
- That the MyDigiTrade Platform and MyDigiTrade Services will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Compatibility. We do not warrant that the MyDigiTrade Platform and MyDigiTrade Services will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
8. Third Party Products, Services and Information
The MyDigiTrade Platform may be connected to or utilize software, platforms, products or services developed or provided by various third party providers, Brokers and/or software developers (“Third-Party Services”). Trade signals, other data and information and Third-Party Services available through or used in conjunction with the MyDigiTrade Platform may be provided by Strategy Providers or third parties (e.g., Brokers or trading providers/platforms connected to the MyDigiTrade Platform).
You recognize and acknowledge that:
- Use of any such Third-Party Services will be governed by the applicable license agreements or terms of services, if any, with such third party. You shall abide by the terms of these agreements. WE ARE NOT RESPONSIBLE FOR PERFORMANCE AND/OR RELIABILITY OF ANY THIRD PARTY SERVICES AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SERVICES AND MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SERVICES.
- We conduct no investigation or review of any of such Third-Party Services or trade signals provided by Strategy Providers, and do not recommend, endorse, approve or disapprove of any of them.
- The accuracy of any data or information, including trade signals, available through or used in conjunction with the MyDigiTrade Platform should be checked before you rely on it.
- The accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information of Third-Party Services or from Strategy Providers made available through the MyDigiTrade Platform is not and cannot be guaranteed by us.
- None of Strategy Providers is recommended by us. You are solely responsible for selection of a certain Strategy Provider(s) and all the consequences of following their trade signals.
- You are solely responsible for selection and opening and maintaining a trading account with a Broker.
External Links and Advertisement. We have the right to insert, place or include advertisements or links to third-party websites of any type through the MyDigiTrade Platform.
We are not responsible for such advertisements and their content.
The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site.
9. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MYDIGITRADE PLATFORM AND THE SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SIGNAL PROVIDERS, BE LIABLE TO SIGNAL FOLLOWERS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR USE OF THE MYDIGITRADE PLATFORM AND THE SERVICES.
Force Majeure. We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility, (each a «Force Majeure Event»). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of our obligations affected by the Force Majeure Event for so long as the event continues.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:
- Your access to or use of the MyDigiTrade Platform and the Services.
- Your violation of these Terms.
- Your violation of any applicable law, rule or regulation.
- Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
11. Your Feedback
If you choose to communicate to us any feedback, ideas or suggestions for improvement of the MyDigiTrade Platform and the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
We reserve the right, at our sole discretion:
- To modify or revise these Terms at any time by posting the amended Terms on our website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the MyDigiTrade Platform and the Services.
- To make changes, update or discontinue the MyDigiTrade Platform and the Services or any format, feature or functionality thereof at any time with or without notifying you.
- To terminate or restrict access to the MyDigiTrade Platform and the Services for any reason whatsoever.
Your continued use of the MyDigiTrade Platform and Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the MyDigiTrade Platform and the Services immediately, and cancel the Account you have opened with us.
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
13. Termination and Account Cancellation
You may terminate these Terms at any time by sending a prior written notice to us and ceasing to use the MyDigiTrade Platform and the Services.
Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the MyDigiTrade Platform and the Services at any time if:
- You violate any term of these Terms and Conditions.
- You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
- You engaged in other actions related to or in the course of using the MyDigiTrade Platform and the Services that may be illegal or cause liability, harm, harassment, abuse or disruption for you, other users, us, any other third parties or for the MyDigiTrade Platform.
- It is required by applicable law.
- We cease offering the MyDigiTrade Services and/or discontinued the MyDigiTrade Platform.
Termination with Strategy Providers. In addition, we may suspend or terminate these Terms with Strategy Provider, or may terminate or suspend Strategy Provider’s use of the MyDigiTrade Platform and MyDigiTrade Services at any time if:
- You abuse the MyDigiTrade Platform by sending large amounts of trades.
- You apply abusive trading behavior, introducing high risks to their Strategy Followers.
- You have not complied with the verification process.
- Your Account is inactive (there has been no trading activity) for 6 months.
Notwithstanding the foregoing, we also reserve the right to terminate the access to MyDigiTrade Platform and the Services or cancel your Account at any time and for any reason.
Effect of Termination. Upon termination of these Terms all licenses and rights to use the MyDigiTrade Platform shall immediately terminate; and you will immediately cease any and all use of the MyDigiTrade Platform and the Services.
Upon any termination you will no longer be able to access any content stored at or available through your Account. We will have no obligation to maintain any information and content stored in our database related to your Account or to forward any information to you or any third party.
Any suspension or termination of these Terms will not affect your obligations to us and/or other users under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
Choice of Law. You agree that the laws of the British Virgin Islands govern these Terms, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules.
Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms will be resolved by state courts located in the British Virgin Islands, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS, YOU ARE:
- WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
- IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE COURTS LOCATED IN THE BRITISH VIRGIN ISLANDS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US.
- SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
- Via email (to the address that you provide during registration), or
- By posting to our website.
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
- Consent to receive communications from us in an electronic form via the email address you have submitted; and
- Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms and Conditions constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Last updated: February 25, 2016