EnlightenedStockTrading.com's Terms of Service
1. ACCEPTANCE OF TERMS:
1.1 We provide products and services (the “Service”), to you subject to the following Terms of Service (the “Terms”), which may be updated by us from time to time without notice to you. Please check these Terms periodically for changes.
1.3 In addition, when using the Service, you shall be subject to any guidelines or rules (the “Guidelines”) applicable that may be posted online from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
1.4 You will not hold us responsible for others’ content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations promoted, the truth or accuracy of content, listings, or ability to perform the stated objective.
2.1 The service provided by us is in regard of educating and supporting traders on their journey to profitable systems trading. Through our website, tools, templates, courses and coaching we aim to help traders succeed by building their own trading systems which suit their objectives and personality and offer support on trading systems and associated topics.
You are not eligible to use the service if you are under 18 years of age. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend the services at any time for any reason without liability.
In order to access certain content, software, services or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and may be asked to select a user name and password. You may be required to provide us with certain information about yourself including some types of personally identifying information such as your name and email. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us using the Contact Us page.
5. PROPRIETARY INTERESTS:
Information available on this website is owned, licensed or controlled by us or third parties who have permitted us to link information from their sites. All trademarks, copyrights, trade names, service marks, logos or other identifying features used on this website are property of their respective owners. Information may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Information may be viewed and printed for personal, non-commercial purpose. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. No product or service, whether purchased or obtained free of charge may be distributed without prior consent from us. Enquiries relating to product or service distribution can be made via the Contact Us page.
The payment for all products and services that are not provided free of charge shall be made in advance through the payment gateway provided on this website. No method of payment other than those found on this website will be accepted. Any once off or ongoing charges for the products and services are available on the relevant payment page for each service. Users should be aware that services may involve once off, hourly or ongoing charges, which are detailed on the relevant payment page. Once you elect to purchase a service, you would be directed to the payment gateway of a Third Party. You can make the payment for the Service selected at that Payment Gateway through your credit card, debit card, or other payment method as indicated on the Payment Gateway. We do not store your Credit Card information.
You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason we do not receive payment for a service/purchase of service, we may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms or any applicable Agreement. You are also responsible for paying any governmental taxes imposed in connection with use of the Site and Software, including sales, use etc. To the extent that we are obligated to collect such taxes, the applicable tax will be added to your billing account. All fees payable to us are non-refundable unless money back guarantee is given to you in the service you select.
7. OBLIGATIONS OF THE USERS:
Any person, trader or otherwise, accessing or using this website has the following obligations: (a) to provide correct information; (b) to comply with all applicable laws and regulations; (c) not to introduce into this website, or any network or equipment supporting it, any virus, worm, harmful code, Trojan horse, or other disabling device, (d) not to attempt to interfere with or disrupt the website, or any network, and/or other equipment supporting it; (e) not to attempt to gain improper access to or otherwise interfere with any system or network connected to the website; and (f) not to use the website to send or otherwise distribute junk mail or other unsolicited materials for mass distribution.
8. NO LIABILITY:
We are not responsible for any damage caused by any program, software, script, training module, tool or template,(such as but not limited to, viruses, trojans, worms, spam, or other malicious item), and/or any other source, including media, either downloaded or otherwise acquired, intentionally or unintentionally, by means of our website(s) or any company email. We do not make any warranty, express or implied, as to items downloaded from our website(s) or email(s).
9. NO RECOMMENDATION:
Stock, Forex, Futures and Option trading involves substantial risk and is not appropriate for all investors. Please read the complete disclaimer for more information regarding the risks of trading. Information provided in our services/Products, including daily price data, is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times. No part of the service should be interpreted as a recommendation to buy or sell any financial instrument, or to make any trading or investment decision or as advice of any kind including but not limited to financial advice.
10. RISKS OF STOCKS, FOREX, FUTURES AND OPTION TRADING:
10.1 In deciding whether or not you wish to become involved in Stock, Forex, Futures or Option trading with any broker, you should be aware you could both gain and lose large amounts of money. Without limitation, you risk losing money because:
(a) You could lose all the margin funds you deposit with the broker to establish or maintain a position and lose further amounts as described in paragraph (c) below.
(b) If the market moves against your position, you may be required, at short notice, to deposit with the broker further moneys as margin in order to maintain your position. Those additional funds may be substantial. If you fail to provide those additional funds within the required time your position may be liquidated. You will be liable for any shortfall in your account resulting from that liquidation.
(c) You could lose all monies deposited with the broker, and in addition be required to pay the broker further funds representing losses and other fees on your open and closed positions.
(d) Under certain conditions, it could become difficult or impossible for you to liquidate or close a position (this can, for example, happen when there is significant change in prices over a short period).
(e) The placing of contingent orders (such as a "stop-loss" order) may not always limit your losses to the amounts that you may want. Market conditions may make it impossible to execute such orders.
(f) The high degree of leverage that is obtainable in Forex, Futures and Options trading with the future broker because of small margin requirements can work against you as well as for you. The use of leverage can lead to large losses as well as large gains.
(g) Stock, Forex, Futures and option trading is not appropriate for everyone. There is a substantial risk of loss associated with trading and options on future. Only risk capital should be used.
(h) No representation is being made that stock, forex, futures and options trading is appropriate for everyone or that it should be viewed as an alternative, replacement or supplemental form of income.
10.2 You should discuss these matters further with your broker and financial adviser prior to commencing any trading.
11. NOT OFFERING ANY FINANCIAL ADVICE OR PERSONAL ADVICE:
11.1 The information included in our products and services is provided only to give you a basic understanding of Stocks, Forex, Futures and Option trading and is not intended to provide financial or investment advice for you, and should not be relied upon in that regard.
11.2 You should not act or rely on the information in our Products or services without seeking the advice of your financial adviser or broker who will ensure that your own circumstances and objectives have been considered and that action is taken on the latest available information.
12. RIGHT OF REFUSAL:
We reserve the right to terminate access to this website and all associated products and services, with or without notice, either generally or with respect to one or more particular IP addresses, Internet sites or users. Any User violation of obligations expressly or not expressly stated herein the Terms of Service is grounds for denying a user access to and use of company website(s). We use software programs and other tools to monitor traffic on this website to identify unauthorized attempts to upload or change information, or otherwise cause damage to the integrity of the website. We reserve the right to pursue all available remedies for any violation of these terms and conditions.
13. MATERIALS SUBMITTED TO THE WEBSITE:
13.1 The Site may allow you to contribute content, information, text, files, graphics, and other materials and information for access to the Site ("User Content"). Failure to comply with these Terms, or with any of our published policies, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a "bait and switch"; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
13.2 Upon your submission of User Content or other material or information to us, you grant us a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. We may refuse to post or remove User Content from the Site that violates any of the warranties provided in these terms of service for any reason. We shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure mentioned in the next clause.
14. COMPLAINT PROCEDURE:
If you believe that any content or postings on this Site violates your intellectual property or other rights, please write to us using the Contact Us with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
15. USE OF SOCIAL MEDIA:
16. INTERNET SECURITY:
We use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address.
17. CHANGES TO THE TERMS:
We reserve the right to change the terms and conditions of this Agreement at any time. Changes will become effective immediately upon publication to the website.
User agrees to indemnify and hold harmless the Company and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user's receipt and use of the information, whether authorized or unauthorized; or (c) any use or misuse of the products and services we provide.
19. WARRANTIES AND LIABILITIES:
19.1 ALTHOUGH WE HAVE INTENDED TO ADD CORRECT DATA AND INFORMATION TO THIS WEBSITE(S) AND OUR PRODUCTS AND SERVICES, THERE MAY BE OMISSIONS OR INACCURACIES. IN ADDITION, YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY REGARDING THIS WEBSITE AND ALL ASSOCIATED PRODUCTS AND SERVICES. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, AND MERCHANTABILITY FOR A PARTICULAR PURPOSE OF THIS WEBSITE AND ALL ASSOCIATED PRODUCTS AND SERVICES, AND ALL WARRANTIES OR REPRESENTATIONS ARISING FROM CUSTOM OR USAGE OR BY OPERATION OF LAW.
19.2 WE ACCEPT NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE CONSEQUENCE (FINANCIAL OR OTHERWISE) OF RELYING OR ACTING UPON, INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY THIRD PARTY SITE ACCESSED THROUGH THIS WEBSITE. ANY RISK OF VIRUSES OR OTHER FORMS OF ELECTRONIC CONTAMINATION REMAINS, AT ALL TIMES, WITH THE USER OF THIS WEBSITE. WE HAVE NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR THE CONSEQUENCE OF RELYING OR ACTING ON INFORMATION AVAILABLE THROUGH THIS WEBSITE, ANY OF OUR PRODUCTS AND SERVICES OR ANY SITES AVAILABLE THROUGH THIS WEBSITE.
IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR PARTICULAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR PERSONAL DEPENDENCE ON THIS WEBSITE OR ON OUR PRODUCTS AND SERVICES.
20. ADDITIONAL REPRESENTATIONS AND WARRANTIES:
20.1 You shall be solely responsible for your own User Content on this website on our social media page and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these terms.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and our use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
21. THIRD-PARTY LINKS:
This website may provide links to other websites. These links are provided for convenience and informational purposes only. You should be aware that when you select a link on the website, you may be leaving the website and we may earn affiliate commissions as a result. The information available on other websites may have certain restrictions on its use or distribution. Users should make themselves aware of such restrictions. We will not be responsible for, nor have we reviewed the content of those sites, and we don’t not make any warranty, express or implied, as to the accuracy, usefulness or timeliness of such information.
If any provisions of these terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
24. LAW AND JURISDICTION:
This Agreement will be governed by and interpreted in accordance with the law of New South Wales without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
26. ELECTRONIC COMMUNICATIONS:
When you visit the site, use the services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
27. ENTIRE AGREEMENT:
The Terms, combined with the Disclaimer constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
28. CONTACT US:
Any question or suggestion regarding the terms of service shall be submitted via the Contact Us page.