Last updated: Thursday 30 November 2023
Please read these Terms and Conditions carefully before using Our Service. By clicking to accept, sign, and/or using our Service, you agree to be bound by these Terms and Conditions incorporated herein. If you do not agree to these Terms, you may not access or use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when You use the Website and tells You about your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service https://zenfxofficial.com/wp-content/uploads/2023/11/zenfxofficial-privacy-policy.pdf
INTERPRETATION
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DEFINITIONS
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access Our Service or parts of Our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Terms and Conditions) refers to ZENFX Ltd, a company incorporated in Cyprus with registration no. HE435206 and registered office address at Panagioti Symeou 5, 3105 Limassol, Cyprus
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Service Provider refers to any individual or company engaged by Us to perform specific tasks or provide certain services on Our behalf. These may include, but are not limited to, payment processing, data analytics, customer service, content delivery, and technology support. Such providers operate under a binding agreement and are not considered part of our Company.
Website refers to https://zenfxofficial.com/
You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- ACCOUNT
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar, or obscene.
Please note that the collection and handling of registration data and other personal information about You are subject to Our Privacy Policy.
- ACCESS TO OUR SERVICE
By accessing or using Our Service, You assume sole responsibility for your actions and hereby affirm, warrant, and undertake the following obligations:
- You confirm that You are a human being.
- You declare that You are not using Our Service on behalf of any other person or entity.
- You shall not engage in any attempts to interfere with or compromise the system integrity or security, nor shall You attempt to decipher any transmissions to or from the servers operating the Service.
- You shall refrain from using any robot, spider, crawler, scraper, or other automated means or interfaces that are not provided by Us for accessing the Service or extracting/exporting data collected through the Service.
- You certify that You have not violated, and will continue to refrain from violating, any applicable laws, regulations, government provisions, or third-party rights.
- You acknowledge your responsibility to comply with trade regulations as well as both foreign and domestic laws.
- You agree not to use the Service in any manner that is misleading, unlawful, defamatory, obscene, invasive, threatening, harmful, or harassing.
- You confirm that You are not a person with whom transactions are prohibited under economic or trade sanctions or embargo, and You are not listed on any prohibited or restricted parties list, including but not limited to lists maintained by the United Nations, the European Union, or its Member States.
IF IT IS DETERMINED THAT YOU ARE ENGAGING IN ANY OF THE AFOREMENTIONED ACTIONS, WE MAY, AT OUR DISCRETION, TERMINATE OR SUSPEND YOUR PRIVILEGES TO USE OUR SERVICE. THE COMPANY RETAINS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS WITHOUT PRIOR NOTICE OR EXPLANATION AT ANY TIME.
- CANCELLATION RIGHTS
Our cancellation policy only applies to purchases made directly from the Service. Where You purchase other product from a third party please contact such third party directly.
By purchasing content on the Service, including video courses, downloadable materials, and interactive sessions, you hereby agree and expressly consent to the immediate availability of the digital content. You acknowledge and accept that this content is non-refundable once accessed. By accessing the content immediately, you waive your right to the 14-day cancellation period, as well as any refund rights available to residents of the European Union (EU) and the European Economic Area (EEA).
- AGE
All Users who access the Service must be 18 years of age or older. By accessing the Service, You confirm and guarantee that You are at least 18 years old.
- LINKS TO OTHER WEBSITES
Our Service may provide links to third-party websites, services or resources that are not owned or controlled by Us. These links are supplied solely for your informational purposes and should not be construed as an endorsement or approval of the services, information, or tools offered on those third-party sites. We do not exercise control over, nor do We assume responsibility for, the content, trading practices, privacy policies, or operational methods of any third-party websites or services.
We disclaim all liability for any losses or damages that may result from your engagement with these third-party websites, platforms, services or resources, including but not limited to any losses incurred as a result of reliance on the completeness, accuracy, or existence of any trading information provided through such websites or services.
We strongly advise You to exercise caution and conduct thorough due diligence, including reviewing terms and conditions as well as privacy policies of any third-party websites or services.
- LICENSE AND WEBSITE ACCESS
The Company extends to You a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Website. This license allows You to view, bookmark, download, and print the pages within the Website and the material contained on those pages exclusively for your private use and display. You are not permitted to alter, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any pages, content, data, information, software, products, or services acquired from the Website without the Company’s prior written consent.
- DISCLAIMER ON ADVISORY AND RELIANCE
THIS WEBSITE SERVES STRICTLY AS AN INFORMATIONAL RESOURCE. THE INFORMATION PROVIDED ON THE WEBSITE AND THE WEBSITE CONTENT SHOULD NOT BE INTERPRETED AS SECURITIES BROKERAGE, FX TRADING, INVESTMENT, FINANCIAL, TAX, ACCOUNTING, OR LEGAL ADVICE, NOR SHOULD IT BE CONSIDERED AN OFFER OR SOLICITATION TO PURCHASE OR SELL SECURITIES, OR AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE COMPANY DOES NOT ASSURE THE SUFFICIENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, NOR DOES IT GUARANTEE THE SUITABILITY OR POTENTIAL PROFITABILITY OF ANY INVESTMENT, OR THE PROSPECTIVE VALUE OF ANY INFORMATIONAL SOURCE. YOU BEAR THE SOLE RESPONSIBILITY FOR YOUR OWN INVESTMENT RESEARCH AND DECISIONS. WE STRONGLY ADVISE THAT YOU CONSULT WITH A QUALIFIED FINANCIAL ADVISOR WHO UNDERSTANDS YOUR SPECIFIC FINANCIAL SITUATION BEFORE MAKING ANY INVESTMENT DECISIONS, AND TO THOROUGHLY ASSESS AND COMPREHEND ALL RISKS PRIOR TO INVESTING. THE COMPANY DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT THE FINANCIAL STABILITY OR SUITABILITY OF ANY SECURITIES, EQUITIES, INSTRUMENTS AND CURRENCIES MENTIONED ON THE WEBSITE OR ANY LINKED SITE. INFORMATION ON THE WEBSITE IS NOT INTENDED FOR MAKING ANY INVESTMENT DECISION, NOR SHOULD IT BE PERCEIVED AS ADVICE TAILORED TO THE NEEDS OF ANY INVESTOR.
- INTELLECTUAL PROPERTY AND USER RIGHTS
The Website provides a multitude of proprietary materials, including but not limited to trading courses, educational content, live trading sessions, data analysis tools, market insights, financial models, and other related information and resources (collectively known as “Our Materials”). These materials are either the property of Our Company or that of Our Third-Party Service Providers or licensors. This ownership extends to all updates, refinements, compilations, enhancements, and any derivative works that originate from Our Materials.
The intellectual property rights embedded in Our Materials—spanning copyrights, trademarks, design rights, and any other form of intellectual property—remain with Us or with Our Third-Party Service Providers or licensors. These rights are enduring and are not transferred to You.
Our Materials are made accessible to You with the understanding that (a) they may be concurrently provided to other users, and (b) We reserve the right to halt or limit access to any of these materials if your Account is terminated, or as mandated by our Third-Party Service Providers or licensors, by prevailing laws, or as detailed in these Terms.
Your access to and utilisation of Our Materials are explicitly permitted for managing your Account as per these Terms of Use. You are strictly prohibited from redistributing, sharing, or allowing third-party access to Our Materials. Furthermore, reproducing, copying, or emulating any portion of Our Materials is forbidden without Our express prior written permission.
You are also required to preserve any copyright and proprietary notices that are included in Our Materials and to abstain from any actions that could obscure or modify these notices.
Unsanctioned use of Our Materials may lead to legal proceedings to safeguard our intellectual property rights and ensure the integrity of the materials provided.
- OUR FEEDBACK TO US
You assign all rights, title and interest in any feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
- CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will use reasonable efforts to provide notice of such changes, such as by providing notice through the Website or updating the “Last Updated” date at the beginning of these Terms.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
- WAIVER
We reserve all rights permitted to Us under these Terms, as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
- TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on Our Website. You agree that the original English text shall prevail in the case of a dispute.
- AS IS” AND “AS AVAILABLE” DISCLAIMER
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
- INDEMNIFICATION
Subject to the fullest extent permissible under applicable law, You hereby agree to indemnify, defend, and hold harmless the Company, as well as Our past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively referred to as the “Company Parties”), from and against any and all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, but not limited to, attorneys’ fees and expenses), and costs (including, but not limited to, court costs, settlement costs, and costs associated with pursuing indemnification and insurance) of any kind and nature whatsoever. These claims may be known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether arising in tort, contract, or otherwise (collectively referred to as “Claims”). The indemnification obligation shall encompass, but not be limited to, damages to property or personal injury, and it shall apply in situations where such Claims are caused by, arise out of, or are related to: (i) your use or misuse of the Service or Our Materials, (ii) your violation of these Terms; and (iii) your infringement upon the rights of a third party.
You agree to promptly notify Us of any Claims asserted by third parties and to cooperate with the Company Parties in the defense of such Claims. Furthermore, You acknowledge and agree that the Company Parties shall have control over the defense or settlement of any such third-party Claims. THIS INDEMNITY PROVISION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNIFICATION PROVISIONS SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND US.
- TERMINATION
Notwithstanding anything contained in these Terms, We reserve the right, without notice and in Our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and You acknowledge and agree that We shall have no liability or obligation to You in such event and that You will not be entitled to a refund of any amounts that You have already paid to Us, to the fullest extent permitted by applicable law.
- APPLICABLE LAW
The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of the Republic of Cyprus. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of the Republic of Cyprus and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
- DISPUTE RESOLUTION
Any dispute, controversy, or claim arising out of or in connection with these Terms shall be exclusively resolved through the courts of the Republic of Cyprus.
The choice of jurisdiction in the Republic of Cyprus shall be the sole and exclusive forum for the resolution of any disputes. You waive any objections to the venue and personal jurisdiction of these courts and agree not to seek any transfer or removal of proceedings to any other jurisdiction.
- CLASS ACTION WAIVER
You and the Company hereby agree that any proceedings undertaken to resolve or litigate any dispute through a court shall be conducted exclusively on an individual basis. You expressly acknowledge and agree that You will not pursue any dispute as a class action, representative action, or collective action.
- SURVIVAL
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or You. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
- CONTACT US
If You have any questions about these Terms and Conditions, You can contact us:
By email: info@zenfxofficial.com
By visiting this page on Our website: https://zenfxofficial.com/contatti/
