Trade Wars terms and conditions of service

BACKGROUND

This Website, the Forum and the Training is operated by Trade Wars Limited (company number 14139433) and we cannot provide the Training to you and/or enable you to join the Forum until you have agreed to the Terms and Conditions below. Once accepted these Terms and Conditions will form the contract between Trade Wars Limited and you. After your payment is processed, you will be sent an invitation link by email to allow you to access the Training and/or the Forum, as the case may be.

DEFINITIONS AND INTERPRETATION

The following definitions shall apply in these terms and conditions.

1.1 “Account” means an account required for a User to access certain areas of our Website, as detailed in clause 7;

1.2 “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Technology;

1.3 “Fee(s)” means the Training Fee and/or the Forum Subscription Fee, as the case may be;

1.4 “Forum” means the online community discussion forum hosted by Trade Wars on the Discord platform (a separate application which is free and can be accessed and downloaded at www.discord.com);

1.5 “Forum Subscription Fee” means the periodic subscription fee payable by Users in respect of a Subscription to the Forum;

1.6 “Permitted Use” means the use of the Training as set out in clause 5;

1.7 “Post” means a post in a Forum (and includes any and all content in such posts including, but not limited to, market analyses, live webinars, education materials and content and opinions from professional traders and investors);

1.8 “Student” means an individual that purchases Training on the Website through payment of a Fee (references to “you”, “your” and “yours” should all be read as referring to you as a Student);

1.9 “Student Content” means all material posted or published by the Student on the Training Community, or sent by the Student to their study group within the context of the Training, including text, data, graphics, photos, their selection and composition, and any other materials;

1.10 “Subscription” means a subscription to the Forum which is for a specific period, typically 1-month, 2-month, 3-month or 6-month bundles and which gives a User access to and participation in the Forum;

1.11 “Technology” means our technology which is provided to our Users, including the Website, the Training, the Training Community, the Forum and any other technology products or services provided by Trade Wars;

1.12 “Trade Wars” means Trade Wars Limited, a company incorporated and registered in England and Wales (company number 14139433), with its registered office address at 7 Bell Yard, London, England, WC2A 2JR, United Kingdom (references to “we”, “us” and “our” should all be read as referring to Trade Wars);

1.13 “Training” means that online training product which is made available under the Trader’s Academy banner in relation to financial trading, which includes training in technical analysis of financial markets, exchange markets, currencies and cryptocurrencies and analytical decision-making, and which is made available through the Website subject to these Terms and Conditions and which comprises a combination of webinars, live lectures, access to dedicated Training Community (for Students only), written materials and recordings of the lectures; and

1.14 “Training Community” means the online community platform through which the Training will be provided and on which Students are able to communicate with educators and other students;

1.15 “Training Fee” means the training fee paid by Students for access to the Training;

1.16 “Training Period” means the duration period for the Training which a Student purchases; and

1.17 “User” means a user of our Website; and

1.18 “Website” means the website that you are currently using (www.tradewars.pro) and any sub-domains of this site.

INFORMATION ABOUT US

2.1 Our Website, the Forum, the Training and the Training Community are owned and operated by Trade Wars.

2.2 Our company details appear in clause 1.12 above.

PROVISION OF THE FORUM

3.1 Subject to your compliance with these Terms and Conditions, Trade Wars will provide the Training, the Training Community and the Forum to you in accordance with good business practice, a reasonable level of care and with sufficient and relevantly qualified staff.

PROVISION OF TRAINING AND TRAINING COMMUNITY

4.1 Subject to your compliance with these Terms and Conditions, Trade Wars will provide the Training and the Training Community to you in accordance with good business practice, a reasonable level of care and with sufficient and relevantly qualified staff.

4.2 Registration onto any Training operated by Trade Wars constitutes registration as a student with Trade Wars.

4.3 Trade Wars will give you access to the Training Community one week prior to the start of the Training, for the duration of the Training and for 30 days after completion of the Training.

4.4 The basic details in relation to the Training, including start date, duration, subjects, program, and technical (computer and internet) requirements, will be provided by Trade Wars to the Student, via email, before the start of the Training.

4.5 Questions asked by students during the Training may be published by Trade Wars for educational purposes, and the identity of the students asking the questions will be kept anonymous.

4.6 The number of students who can participate in the Training is limited, and Trade Wars has the right to refuse to sell registrations for participation in the Training.

4.7 The training uses colours including green and red. Therefore the Training is not recommended for people with visual impairment (colour blindness).

4.8 As far as it results from the information on the training, the Student has the right to ask questions during the training in the form of a chat, on the terms specified each time by the Organizer.

4.9 As far as it results from the information on the training, the Student has the right to receive training materials in electronic form after the training. These materials are each time a summary of the topics discussed during the training.

4.10 After completion of the Training, Trade Wars will issue training materials summarising the training topics in electronic form to the Student.

PERMITTED USE: LICENCE TO ACCESS TRAINING

Subject to the payment of the Fee and subject to the restrictions in clause 6 below you shall be granted a revocable, non-exclusive licence to access the Training for the duration of the Training Period for your own personal educational purposes only.

ACCESS TO OUR WEBSITE

6.1 General access to our Website is free of charge.

6.2 It is your responsibility to make any and all arrangements necessary in order to access our Website.

6.3 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.

ACCOUNTS

7.1 You require an Account in order to access the Forum and submit Posts.

7.2 You may not create an Account if you are under 18 years of age.

7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

7.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately at support@tradewars.pro. We will not be liable for any unauthorised use of your Account.

7.5 You must not use anyone else’s Account.

7.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the law, as set out in clause 27.

7.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of our Website requiring an Account for access.

INTELLECTUAL PROPERTY: TRAINING AND TRAINING COMMUNITY

8.1 All copyright and other intellectual property rights relating to the Training and any associated materials are either owned by or licensed to us.

8.2 Copying, adaptation or any other use of all or any part of the Training without our express permission is strictly prohibited.

8.3 The Permitted Use is therefore subject to the following exceptions and restrictions:

8.3.1 You will not sell any of the Training (or any part thereof) to third parties;

8.3.2 You will not permit any other person to utilise your Student access details to access the Training;

8.3.3 You will not distribute any of the information or other items contained within the Training (or any part thereof) to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product;

8.3.4 You will not use the Training (or any part thereof) for any purpose which rivals or competes with Trade Wars. In the event of a dispute between a Student and Trade Wars it shall be for Trade Wars to define “rival” and/or “competing” purposes;

8.3.5 You will not rent, lease, sub-license or loan any of the Training (or any part thereof) to third parties.

8.3.6 You will not frame or utilise framing techniques to enclose any trademark, logo, or other element of the Website (including images, text, page layout or form) or the Training;

8.3.7 You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any element of the Website or Training, except to the extent the foregoing restrictions are expressly prohibited by applicable law;

8.3.8 You will not access the Training in order to build a similar or competitive website, application or service;

8.3.9 except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and

8.3.10 You will not remove or destroy any copyright notices or other proprietary markings contained on or in the Website.

8.3.11 You acknowledge that You do not acquire any proprietary rights by accessing the Training or any materials published as part of the Training or group activity, or any derivative works created on their basis.

8.4 The restrictions in clause 8.1 are subject to the provisions of the Copyright Designs and Patents Act 1988.

8.5 The copyright and all other applicable intellectual property rights in the Training remain the sole property of Trade Wars and/or of those contractors and experts which contribute to the Website in accordance with agreements with Trade Wars.

8.6 All restrictions in this clause 6 shall apply to the Training, any and all parts thereof, and any derivative works created by you using the Training.

8.7 All licences, consents and restrictions contained in these Terms and Conditions shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).

8.8 You acknowledge that the information, links, referrals and other items included on the Website are made available for access by you on the basis that we give no warranty as to the accuracy of any such information.

8.9 Trade Wars has a legitimate interest in deterring Students from misusing Trade Wars’ intellectual property and, as such, In the event that a Student breaches any of the restrictions in clause 8.1, then the Student shall pay liquidated damages to Trade Wars in the amount of ten times the Fee payable by the Student in relation to that Training.

8.10 Trade Wars shall at all times retain ownership of the Training.

INTELLECTUAL PROPERTY: WEBSITE AND FORUM

9.1 With the exception of Posts (see clause 10), all Content on our Website and on the Forum, and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content (including Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.

9.2 Subject to the licence granted to us under clause 10.5, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts submitted by them (unless any part of such Posts is owned by a third party who has given their express permission for their material to be used in the Post).

9.3 For personal use (including research and private study) only, you may:

9.3.1 Access, view and use our Website in a web browser (including any web browsing capability built into other types of software or app);

9.3.2 Download our Website (or any part of it) for caching;

9.3.3 print one copy of any pages from our Website;

9.3.4 Download, copy, clip, print, or otherwise save extracts from pages on our Website;

9.3.5 Quote or share other Users’ Posts within the Forum; and

9.3.6 Save pages from our Website for later and/or offline viewing.

9.4 You may not use any Content (including Posts) downloaded, copied, clipped, printed or otherwise saved from our Website or the Forum for commercial purposes without first obtaining a licence to do so from us, our licensors, or from the relevant User, as appropriate. This does not prohibit the normal access, viewing and use of our Website or the Forum for general information purposes whether by business users or consumers.

9.5 You may not systematically copy Content from our Website or the Forum with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database without our written permission to do so.

9.6 Subject to clause 9.3 and clause 10 (governing Posts) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from our Website or the Forum without our written permission to do so.

9.7 Our status as the owner and author of the Content on our Website and on the Forum (or that of identified licensors or Users, as appropriate) must always be acknowledged.

FORUM POSTS

10.1 An Account is required if you wish to submit Posts to our Forum. Please refer to clause 7 for more information.

10.2 You agree that you will be solely responsible for your Posts. Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with our Acceptable Usage Policy, detailed below in clause 11.

10.3 You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under clause 10.2. You will be responsible for any loss or damage suffered by us as a result of such breach.

10.4 You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein.

10.5 By submitting a Post, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting our Website and Forum. Other Users may also quote and share your Posts within the Forum and otherwise in accordance with the provisions of clause 9.

10.6 If you wish to remove a Post, you may do so by selecting the Post, clicking on the three dots that appear in the upper-right corner and selecting the “Delete Message” option. Your Post will be deleted, however due to the functionality of the Forum, quotes or shares of your Post may remain. Please note that caching or references to your Post(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).

10.7 We may reject, reclassify, or remove any Posts submitted to our Website or the Forum where, in our sole opinion, the content of those Posts violates Our Acceptable Usage Policy, or if we receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.

ACCEPTABLE USAGE POLICY

11.1 You may only use our Technology in a manner that is lawful and that complies with the provisions of this clause 11. Specifically:

11.1.1 you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

11.1.2 you must not use our Technology in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3 you must not use our Technology to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4 you must not use our Technology in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 When submitting Posts (or communicating in any other way using our Technology), you must not submit, communicate or otherwise do anything that:

11.2.1 is obscene, sexually explicit, deliberately offensive, hateful or otherwise inflammatory;

11.2.2 promotes violence;

11.2.3 promotes or assists in any form of unlawful activity;

11.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

11.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.6 is calculated or is otherwise likely to deceive;

11.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

11.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this clause 11.2);

11.2.9 implies any form of affiliation with us where none exists;

11.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3 We reserve the right to suspend or terminate your Account and/or your access to our Technology if you materially breach the provisions of this clause 11 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:

11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access our Technology;

11.3.2 remove any Post(s) submitted by you that violate(s) this Acceptable Usage Policy;

11.3.3 issue you with a written warning;

11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.3.5 take further legal action against you as appropriate;

11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.3.7 any other actions that we deem reasonably appropriate (and lawful).

11.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

LINKS TO OUR TECHNOLOGY

12.1 You may link to our Website provided that:

12.1.1 you do so in a fair and legal manner;

12.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;

12.1.3 you do not use any logos or trade marks displayed on our Website without Our express written permission; and

12.1.4 you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.

12.2 Framing or embedding of our Website on other websites is not permitted without Our express written permission. Please contact us at contact@tradewars.pro for further information.

12.3 You may not link to our Website from any other site which contains material that:

12.3.1 is obscene, deliberately offensive, sexually explicit, hateful or otherwise inflammatory;

12.3.2 promotes violence;

12.3.3 promotes or assists in any form of unlawful activity;

12.3.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

12.3.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.3.6 is calculated or is otherwise likely to deceive another person;

12.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

12.3.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this clause 12.3);

12.3.9 implies any form of affiliation with us where none exists;

12.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

12.3.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual

duties and duties of confidence.

LINKS TO OTHER SITES

Links to other sites may be included on our Website. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

ADVERTISING

We may feature advertising on our Website. We are not responsible for the content of any advertising on our Website. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on our Website including, but not limited to, any errors, inaccuracies, or omissions.

STUDENT’S OBLIGATIONS

The Student must at all times:

15.1 Provide Trade Wars with correct account information of name, address and e-mail address, etc.

15.2 Respect and comply with these Terms and Conditions.

15.3 Ensure that they have the necessary equipment to be able to access the Training, including:

15.3.1 a computer, laptop or other multimedia device with Internet access;

15.3.2 a web browser in the latest available version (Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge);

15.3.3 enabling cookies and JavaScript supported in the web browser; and

15.3.4 the relevant online meeting application as communicated by Trade Wars (currently Zoom).

15.4 Be responsible for all costs related to the technical equipment necessary to access the Training.

15.5 Comply with the Trade Wars Code of Conduct, as set out at https://tradewars.pro/en/code-of-conduct-2/

15.6 Be a member of, and participate in, the Training Community, in order to post assignments and be involved in the online forum.

15.7 Bear sole responsibility for any content which the Student posts on the Training Community, and will be liable for any third party claims in respect of such content.

15.8 Avoid posting personal data concerning himself/herself or another person, including especially special categories of data (such as information about a person’s health, addictions or allergies) or transmitting any content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms.

15.9 Avoid posting any content that infringes, defames or violates another person’s rights (including intellectual property rights, and rights of privacy, reputation and publicity).

15.10 Failure to comply with the above may resolve in our deactivation of the Student’s account and/or banishment from the Website and/or the functionalities with any notice or without notice at the sole discretion of Trade Wars.

15.11 The Student is responsible for complying with the laws and regulations of the territory from which the Website is accessed or used.

STUDENT CONTENT

16.1 You warrant and undertake that You are the original author of your Student Content and You have exclusive rights to them, including the right to grant all rights and licences to such Student Content, and that Trade Wars will not incur any obligations towards third parties or liability for the use of such rights and licence.

16.2 All Student Content published by the Student is your sole responsibility, and Trade Wars is not responsible for any materials sent, published or otherwise made available by you in relation to the Training. By submitting, distributing, broadcasting or otherwise using Student Content in conjunction with the Training, the Student grants a perpetual, non-exclusive, transferable, royalty-free, sublicensable licence to use, host, reproduce, modify, adapt, publish, translate, create derivative works on the basis of, disseminate, produce and display the Student Content.

16.3 Trade Wars does not guarantee the accuracy, quality, or integrity of any Student Content posted. By using the Training Community, the Student acknowledges that you may encounter material that is offensive or inappropriate. The Student agrees that Trade Wars will not be liable for any Student Content, including but not limited to errors in any Student Content, or any loss or damage incurred as a result of the use of or access to the Student Content.

16.4 Trade Wars is not responsible for the information provided by the Student on the Training Community or for the activities of other Students.

16.5 You declare that the Student Content posted by you is free from any legal defects and claims of third parties, and that you have all the rights and consents required by applicable law to make the Student Content available in the group. The Student declares that the Student Content does not breach any applicable laws.

16.6 You acknowledge that Trade Wars may record, share and archive your Student Content and, if an audiovisual connection is made during the Training, also the Student’s voice and image. By logging in to the Training, you agree to such use of your Student Content, voice and image.

STUDENT WARRANTIES

17.1 The Student or User warrants that all documents and information supplied are true, authentic and correct. Where the Student or User has supplied incorrect, fraudulent or misleading information, Trade Wars has the right at its reasonable discretion to withdraw such Student from the course or to cancel the User’s Account and such Student or User, as the case may be, will not be entitled to a refund of any fees paid.

FEES, PAYMENT AND PURCHASES

18.1 Users must pay the Forum Subscription Fee and Students must pay the Training Fee.

18.2 Fees are subject to change from time to time, however, changes to the Fees will not apply to products or services already purchased.

18.3 Transactions processed through the Website are handled by:

18.3.1 Stripe under the terms of use set out at https://stripe.com;

18.3.2 TPay under the terms of use set out at https://tpay.com;

18.3.3 Coingate under the terms of use set out at https://coingate.com; and/or

18.3.4 Coinbase Commerce under the terms of use set out at https://commerce.coinbase.com.

18.4 No payment details are collected or processed by Trade Wars. We do not accept responsibility for any difficulties you may have in making payment through the aforementioned payment processors or through using an incorrect blockchain for your payment processed through cryptocurrencies.

18.5 Fees can be paid by any of the following means

18.5.1 Credit card (Visa, Mastercard, Discover and American Express);

18.5.2 Instant bank transfers;

18.5.3 BLIK; and

18.5.4 Select cryptocurrencies as determined from time to time by our payment processors.

18.6 The organizer reserves the right to amend the amount of the Fees, carry out or cancel promotional campaigns, issue unique promotional codes or discounts. Any such promotions or changes will not affect the amount of the Fee you have paid.

18.7 You will only receive access to the Training or the Forum, as applicable, once:

18.7.1 You have registered an Account on the Website; and

18.7.2 payment of the relevant Fee has been received by Trade Wars in full.

18.8 The Forum Subscription Fees are charged in advance for specific periods, typically 1-month, 2-month, 3month or 6-month Subscriptions. The amount of the applicable Fee is as set out on the Website.

18.9 You will need to continue to pay in the same currency originally used in paying for your first Forum Subscription Fee for any renewal Subscriptions or subsequent Subscriptions. If you would like to pay in a different currency, you will need to cancel your Subscription and purchase a new Subscription, using any of the currencies available for payment on the Website.

18.10 Subscriptions will renew automatically at the end of each Subscription period and Trade Wars or its agent will deduct the relevant Forum Subscription Fee from the same source as your previous payment.

18.11 You may terminate the automatic renewal of your Subscription at any time by entering the “My Account” option on the Website and selecting “My Subscription” and “Cancel”. If you cancel the automatic renewal you will still retain access to the Forum until the end of your current Subscription. Trade Wars will not be obligated or required to refund any Fees paid by the User as a result of such termination.

18.12 Provided that you renew your Subscription no later than 14 days after expiry of your most recent Subscription, the price will remain the same as the price you previously paid for the Subscription bundle of the same period.

LIABILITY

19.1 We will use reasonable endeavours to correct in a timely manner any defect in any Training item, in the Website or the Forum where we are made aware of such defect.

19.2 We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Training or the Website, or from errors or deficiencies in any Training.

19.3 You should ensure that any Training (or part thereof) acquired from Trade Wars is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you or of satisfactory quality.

19.4 Our Training is not intended to replace legal, financial or other professional advice. Neither we nor our employees or consultants provide you with any legal, financial or other advice. Should you require such advice, you are advised to engage a suitably qualified professional.

19.5 No liability shall attach to Trade Wars, our directors or officers, our employees, or retained consultants for loss or damage of any nature suffered as a result of:

19.5.1 the use of the Training;

19.5.2 any errors or omissions in the Training.

19.6 Trade Wars maximum liability in relation to the provision of the Training to you shall be limited to any sums paid by you to us.

19.7 To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any Content (whether that Content is provided by us or whether it is in the form of Posts submitted by Users) included on our Website.

19.8 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Website or any Content (including Posts) included on our Website.

19.9 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

19.10 We exercise all reasonable skill and care to ensure that our Website is free from viruses and other malware, however subject to clause 30.4, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any Content (including any provided in Posts) from it) or any other site referred to on our Website.

19.11 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

19.12 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability

which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

CANCELLATION AND REFUNDS

20.1 Subject to the remainder of this clause 20, if a Student decides to cancel their Training within 14 days or less from the date on which they made payment for the Training in accordance with 18.5, then the Student has the right to a refund of a portion of their Training Fee.

20.2 The refund will be made using the same payment method as the original payment. The refund will be calculated as the Fee which was paid by the Student in respect of the relevant Training, less a 5% (five percent) deduction to cover administration costs and commissions already paid to third parties.

20.3 If you paid your Fee in a cryptocurrency, we will calculate your refund in pounds sterling and refund that amount to you in the relevant cryptocurrency.

20.4 Failure to attend classes does not entitle the Student to a refund for missed classes, irrespective of the reason for the missed classes.

20.5 Any Student wishing to cancel their Training and receive a refund must notify us by email to academy@tradewars.pro.

20.6 No refunds are payable in respect of the Forum Subscription Fees.

COMPLAINTS

21.1 Any complaints should be sent by email to contact@tradewars.pro.

21.2 Complaints should include:

21.2.1 Student’s data and e-mail address registered with Trade Wars;

21.2.2 a detailed description of the problem and outline of the complaint;

21.2.3 the Student’s expectations.

21.3 Trade Wars will respond to the complaint within 30 days of its receipt.

VIRUSES, MALWARE AND SECURITY

22.1 We exercise all reasonable skill and care to ensure that our Website is secure and free from viruses and other malware.

22.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

22.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.

22.4 You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.

22.5 You must not attack our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

22.6 By breaching the provisions of clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Website will cease immediately in the event of such a breach.

CHANGES TO THE WEBSITE, TRAINING, FORUM AND THESE TERMS AND CONDITIONS

23.1 We reserve the right to change the Website, the Training, the Forum and these Terms and Conditions at any time.

23.2 Trade Wars may at any time change the dates of the Training and the sequence of topics to be covered. If such changes are made, Trade Wars will notify the Student immediately by e-mail or via the Training Community.

23.3 You will be bound by any changes to the Terms and Conditions from the first time you use the Website or access the Training following the changes.

AVAILABILITY OF THE WEBSITE, THE FORUM AND THE TRAINING

24.1 The Website and the Training are provided “as is” and on an “as available” basis. We give no warranty that the Website or the Training will be uninterrupted or free of defects and/or faults.

24.2 We accept no liability for any disruption or non-availability of the Website resulting from any causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

WAIVER

25.1 Failure by Trade Wars to enforce the performance of any provision in these Terms and Conditions shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

SEVERANCE

26.1 In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

DATA PROTECTION AND PRIVACY

27.1 We collect, hold and process all personal data in accordance with your rights and our obligations under the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”), and we take appropriate steps to ensure that your information is protected consistent with the principles set out in the GDPR, any other privacy laws, these Terms and Conditions, and our Privacy Policy, whether that information is held by us or shared by us with third parties.

27.2 You consent to us holding and processing your relevant personal data, and to our contacting you from time to time by email and SMS, subject to your right to unsubscribe at any time.

27.3 We will not provide your personal data to any third party.

27.4 For full details of our collection, use, and holding of personal data, information about your legal rights as a data subject and how to exercise them, please refer to our Privacy Policy at https://tradewars.pro/privacypolicy/.

COMMUNICATIONS FROM US

28.1 If you have an Account, or if you are a Student, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to your Account and notices in relation to Training.

28.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 15 business days for your new preferences to take effect.

28.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at contact@tradewars.pro.

LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of England and Wales. Any dispute relating to these Terms and Conditions shall fall within that jurisdiction.

DISCLAIMER

30.1 Trade Wars is not a legal or financial practice and nothing on the Website or in the Training constitutes legal, financial or other advice.

30.2 Nothing on our Website or on the Forum constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any form of financial investment or trading.

30.3 Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Website or the Forum will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

30.4 If, as a result of our failure to exercise reasonable care and skill, any digital content from our Website damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

30.5 We make reasonable efforts to ensure that our Content on our Website and the information provided in the Training is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content or the Training is complete, accurate, or up-to-date.

30.6 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect our opinions, views, or values in any way.

30.7 Use of the Training is without any responsibility for Trade Wars, as Trade Wars is only providing the Training as a service to enable Students to access information.

30.8 Trade Wars may amend any information, reference, Post or other item or add, replace, or remove any Post, information, reference or other item without notice.

30.9 The information, references and guidance on the Website and/or in the Training are designed and offered in good faith for your general information and use and are not intended to address your particular requirements. In particular, the information does not constitute any form of advice or recommendation by Trade Wars, and is not intended to be relied upon by Students or others in making (or refraining from making) any investment decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangement made between you and any third party named in the site is at your sole risk and responsibility.

30.10 Trade Wars furnishes the Training, including the information on the Website, without any express or implied representation, warranty, term or condition.

30.11 To the extent permitted by law, Trade Wars and our associated parties exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

30.12 If you have any questions concerning the appropriateness or use (for your intended or any other purpose) of any information, reference or other item made available by Trade Wars you must seek independent professional legal advice.

30.13 Notwithstanding any other provision of either the Terms and Conditions or this Disclaimer, Trade Wars, its agents, employees, contractors and sub-contractors will not be liable, whether in contract, tort (including negligence) or otherwise, for any special, direct, or indirect loss, damage, cost, expense, claim, demand or liability, or any loss of profit, revenue or anticipated savings, or consequential loss arising directly or indirectly from any omission from, error or defect in, or unsuitability of, any information, reference or other item available from Trade Wars, in the Training or on the Website, or from the possession, publication, use of or reliance on any such information, reference or other item.

30.14 We do not provide financial or investment advice. However, for your information we would like to draw your attention to the following financial investment warnings:

30.14.1 The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested.

30.14.2 The spread between the bid and offer prices of securities can be significant in volatile market conditions, especially for smaller companies. Realisation of small investments may be relatively costly.

30.14.3 Past performance is not necessarily a guide to future performance.

30.14.4 Contributors employed or contracted by Trade Wars to provide material or training are required to disregard any material interest or conflict of interest when giving advice through the Website or Training.

30.15 The Training does not constitute financial advice and as such Trade Wars is not regulated by the Financial Conduct Authority (FCA).

30.16 The views expressed in the Training Community are those of the individual contributors. They do not and should not be construed as representing the views of Trade Wars. Trade Wars makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information posted on the Training Community and Trade Wars assumes no responsibility or liability regarding the use or misuse of such information for any purpose. Trade Wars disclaims any responsibility to maintain copies of any information posted on the Training Community or to assure that such information is deleted. Unless specifically stated otherwise, Trade Wars does not endorse, approve, recommend, or certify any information, advice, guidance, product, process, service or organization presented or mentioned on the Training Community, and information posted on the Training Community should not be referenced in any way to imply such approval or endorsement. Nevertheless, Trade Wars retains the right to monitor posted information and remove messages or materials that it believes do not comply with these Terms and Conditions and/or the Code of Conduct or are not in the best interests of Trade Wars or any of its Students.

FORCE MAJEURE

Trade Wars shall not be in breach of this Agreement if any event, circumstance or cause beyond its reasonable control (“Force Majeure”) prevents or delays it from performing any of its obligations under these Terms and Conditions.