Terms & Conditions
Terms and Conditions
for Access and Use of Fearless Forex Website, Products and Services
By using the Services, you, as Customer, agree irrevocably with the present Terms & Conditions of Use. In case you do not agree with the clauses of the present document, please stop using the Services.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our website. Nothing in this disclaimer will:
- limit or exclude the Customer’s liability for misinterpretation of the information presented on the website;
- limit any of the Customer’s liabilities in any way that is not permitted under applicable law;
Fearless Forex trading services in crypto trading management carry a high level of risk and can result in losses that exceed the cash balance held on the Customer’s Account at any given time. The high level of risk means our trading service is not suitable for everyone. If you are in any doubt you should seek independent advice.
The set of risks set out in this Disclaimer include, but are not limited to, the following:
(a) any losses may exceed the cash you have deposited with the Customer’s Broker of choice;
(b) historical performance is not to be considered indication as to future performance;
(c) profits or losses can be incurred very quickly;
(d) we are not market makers. The prices of instruments are determined by fluctuations in the market outside our control;
(e) it is the Customer’s responsibility to monitor the Customer’s Account with the Broker of the Customer’s choice at all times;
(f) in certain circumstances, it may be difficult to close the Customer’s open trades immediately, the value of the Customer’s trades could fall and you will be liable for the full amount of any losses;
(g) currency exchange fluctuations may impact the Customer’s profits and losses;
(h) you should read carefully the Terms and Conditions of the Customer’s broker of choice and do the Customer’s due diligence about its reliability;
(j) corporate action type events may impact the Customer’s trade and it is the Customer’s responsibility to determine whether the Customer’s trade is likely to be subject to such action and what its effect may be;
By opening an Account with us, you confirm:
- that you have read the Disclaimer and all the documents supplied to you in connection with our services and that you fully agree to them;
- that you understand and agree that our trading relationship may be amended from time to time, in which case you automatically agree to such modifications;
The website www.fearlessfx.com is owned and operated by Fearless Forex (doing business as “Fearless Forex”). Throughout the site, the terms “we”, “us”, “Fearless Forex” and “our” refer to Company. Fearless Forex offers this website, including all information, tools and services available from this website to you, the Customer, conditioned upon the Customer’s acceptance of all the provisions stated here.
By visiting our website and/ or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms and Conditions”, “Terms”). These Terms and Conditions apply to all users of the website.
Any new features or tools which are added to the current line of products and services shall also be subject to the Terms and Conditions of Services. You can review the most current version of the document at any time on this page.
1.1. Contracting Parties
Fearless Forex – 2331 Holly St, Abbotsford BC, V2T 2P4 - as a product and service provider,
"Customer" - any legal person who opens a User account at ...website..., and implicitly buys one or more of our services.
Authority and Capacity. The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.
Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
The access to the Services is made upon a subscription fee. Upon ordering access to the Services, and confirming acceptance of the Terms and Conditions in this document, a legally binding agreement (“Agreement”) is entered into between Fearless Forex and the Customer. All Services, as they are available at any time through the portal www.fearlessfx.com, are subject to the terms of this Agreement.
For the purposes of these Terms, eventual applicable laws and regulations shall include the FCA Rules, the ASIC rules, the rules of any other relevant regulatory authority or exchange and any applicable laws, rules, procedures, guidance, codes, standards and regulations (including, without limitation, accounting rules and anti-money laundering or sanctions legislation) in force from time to time.
- THE RIGHT TO USE THE SERVICES
2.1. Sign-up Procedures and Fees
The Customer requests the opening of the account through the "Registration" form, which can be found on the website. In order to create the account, the Customer is be required to provide a set of information, including, without limitation: complete contact information, payment and billing sources, and digital identification. The Customer also undertakes that during the validity of the contract it will keep the Account Information updated, accurate and true. The account opening will be validated after a preliminary verification of the contact data. The Customer is responsible for keeping the username, account number, password and/or security information safe and secure. The Customer must not disclose these details to any person who is not authorized to access the Account.
Fearless Forex reserves the right to refuse services to anyone for any reason, at any time.
Upon requesting the opening of the account, the Customer is provided access to an User’s account, with username and password chosen by the Customer.
The Customer receive a limited, terminable, non-exclusive and non-transferable right of access and use the Services, in accordance with the terms of this Agreement, exclusively for the purposes for which the services are construed.
The Payment of the Subscription Fee and the compliance with the Terms and Conditions is a condition for the right to use the Services. Fearless Forex may adjust the agreed Subscription Fee upon 14 days’ written notice. In case of changes in public taxes, charges or other duties or other changes in public administrative practice affects any costs connected to the Service, the Subscription Fee may be adjusted correspondingly without prior notice.
The Subscription Fee is detailed on the website, upon subscription, it is subject to change and it is being automatically retained by Fearless Forex. It is agreed that the Subscription Fee received from the Customer will not be refunded regardless of the situation.
2.2. The use of our services
The Customer accepts the full responsibility for all activities connected its compliance with the terms of this document. It is at all times the Customer who is a party to this agreement with Fearless Forex, and who has all rights and obligations set out in this document.
The Customer accepts that Fearless Forex may contact the Customer, through the registered e-mail addresses and through telephone, and provide general marketing information or other information about the services.
Prohibited usage. Under all circumstances, the Customer is strictly prohibited from permitting, assisting or enabling any individual or entity not authorized in the Customer’s Account from accessing or using the account. In the event that the Customer’s Personal Account Information is lost or stolen, or if there are reasons to believe that the account has been accessed by an unauthorized user, the Customer is required to immediately contact our Support Service. Notwithstanding any provision to the contrary, nothing in this document shall be construed, interpreted or applied to impose responsibility or liability on us or our affiliates for any and all activities arising from the authorized or unauthorized access of the account.
The following activities are prohibited and will result in immediate account suspension or cancellation of the services without the possibility of a refund, but with the possibility for Fearless Forex impose supplementary fees and/or pursue civil remedies, in case of legal damages:
- Fostering or promotion of illegal, abusive, or irresponsible behavior;
- Misuse of system resources, such as programs that consume excessive network capacity, CPU cycles, or disk IO, disruption or interference of any data system or network, unauthorized collection or use of e-mail addresses, screen names or other identifiers, use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user, monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Spam, Unsolicited Bulk Email, Forged Email, Phishing Email, etc;
- Transmission, distribution, or storage of any information, data or material that is protected by copyright, trademark, trade secret, or any other intellectual property rights. Any usage that prompts the receipt of abuse complaints pertaining to violation of any international copyright law will be discontinued;
- Access to other computers or networks without authorization;
- Providing false data on any contract or application: including fraudulent use of credit card numbers;
- Any conduct that is likely to result in retaliation against the Fearless Forex network or website, including engaging in behavior that results in any server being the target of a DoS attack;
- Any attempt to probe, scan, penetrate or test the vulnerability of Fearless Forex systems or networks, or to breach the Fearless Forex security or authentication measures, whether by passive or intrusive techniques;
- Any other activities viewed as illegal or harmful by any jurisdiction;
2.4. Requirements for use of the Services
The Customer will use our services, provided that he/she is of legal age with respect to its domestic legislation and is not barred from receiving such services under any international law or jurisdiction.
Access our services is provided based on the Customer’s current identification data, contact data, and any other information that is or might be required as part of the registration process. The Customer is solely responsible for the content, the confidentiality of the account information and for all activities that occur under its account. In case of any unauthorized use of the account or any other breach of security the Customer will immediately notify Fearless Forex.
The Customer and any of its Users shall not transfer viruses, malware or any other harmful code to the Services or use the Services in a manner that gives a risk for such transfer. The Services shall not be used for any illegal or otherwise unauthorized purpose. The Customer is responsible for the actions of the users of the account and for any data created, stored, displayed by, or transmitted by the account while using Fearless Forex. The Customer will not engage in any activity that interferes with or disrupts Fearless Forex's services or any networks that are connected to it.
Fearless Forex will not be liable for any loss or damage as a result of the Customer’s failure to provide us with accurate information or to keep the account secure.
- OUR SERVICES
Our Services consist of as follows:
- Forex Education & Training; Price action education, Video Reviews, 1 on 1 Mentorship
- Trading Strategy & Resources; Trading Plan, Journals, Spreadsheets
- Financial Literacy;
- INACTIVE/ ARCHIVED ACCOUNTS
The Customer acknowledges and confirms that any Account held with the Company that are inactive for more than 3 (three) months are to be considered Inactive Account.
Inactivity means that the Customer has not performed any trading Transactions on his Account during the last 3 (three) months.
The Customer acknowledges and confirms that the Customer will be subject to a monthly charge of fifty (50) USD or its equal in the currency of Account relating to the maintenance, administration and compliance management of such Inactive Account.
The Company reserves the right to charge aforementioned monthly charge for any month in which the Company had the right to charge it but did not do so for technical reasons.
The Customer acknowledges and confirms that any Inactive Account will be subject to archiving, which means that no trading terminal authorization, trading or balance viewing operations will be available to the Customer.
Once an Account is deemed inactive and is archived, any available trading benefits will be removed.
- SUSPENDING OR TERMINATING THE ACCOUNT
Right to suspend the Account. We may, acting reasonably, suspend the Customer’s Account at any time and may, at any time and for any reason and without notice, suspend or change the username and/or password of any person authorized to trade on the Customer’s Account.
If the Customer’s Account is suspended, they will be able to close any existing trades but will not be permitted to open any new trades. The circumstances where we may suspend the Customer’s Account include, but are not limited to:
- when we have not received information within 10 days of a request (or sooner if so reasonably required), when we believe that we require such information in connection with this document;
- when we have reason to believe that there has been a breach in the Customer’s Account security or that there is a threat to the Customer’s Account security;
- when the Customer’s trading activity or conduct is such that we believe acting reasonably at all times has or is likely to impair the integrity, functionality, speed or reliability of Fearless Forex or compromise, impair, restrict or prevent the ability of Fearless Forex to operate a fair and orderly market;
Right to close the Customer’s Account. We may, acting reasonably, close the Customer’s Account at any time. We shall normally notify the Customer by email and such termination will take effect upon notice being sent to the email address. If we elect to close the Customer’s Account, where possible the Customer will have 14 working days to close any open trades. If the Customer has not closed all open trades within the 14 days provided, we shall be entitled to close all trades at the best available price from the next Business Day. The circumstances where we may close the Customer’s Account include but are not limited to where:
- the Customer repeatedly fails to provide information requested, when we believe that we require such information in connection with this document;
- the Customer has persistently acted in an abusive manner toward our staff (for example by performing what we consider to be a serious discourtesy or the use of offensive or insulting language);
- the information provided to us as part of the application process to open the Customer’s Account is demonstrably untrue;
- in our opinion, the Customer’s trading is likely to have a negative impact on the quality of the Fearless Forex services and, therefore, a potential detrimental effect on the members of Fearless Forex community.
- RESPONSIBILITY FOR QUALITY OF SERVICE, AVAILABILITY, AND SUPPORT
Quality of Service. Fearless Forex warrants that the Services will perform substantially as described in applicable documentation of Services. Fearless Forex guarantees an annual mean 95%-availability of the physical connection to the servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within our sphere of influence (force majeure, faults of third parties or of the Customer). The Services will be subject to permanent improvement.
If the Services does not function as described in applicable documentation of Services, Fearless Forex will correct verified errors in the services at Fearless Forex’s own expense. Fearless Forex may choose to replace the Services or functionality therein instead of performing a correction. If Fearless Forex does not solve the verified errors according to the time-limits set out together with the description of the Services in question or does not replace the Service within a reasonable time, the Customer may cancel their subscription in accordance with the terms of this document. The Customer may not set forth any other claims due to defects or errors in the Services.
Fearless Forex may, from time to time, require maintenance periods, for example for major upgrades. Such maintenance periods will generally take place over weekends or overnight and will be notified to the Customer at least 48 hours in advance.
Notification of errors. If the Customer experiences that the Services in whole or in part are unavailable, or have reduced performance, the Customer shall report the error via email to [email protected] . In order to ensure that Fearless Forex gets the necessary information to identify and correct the error, the Customer shall, together with the notification of error, provide accurate information about the error, including a description of how the error occurred.
Support. Fearless Forex will provide basic technical support to the Customer. This entails technical assistance, but Fearless Forex does not warrant that any solution will be found for any problems or requests. The administration and configuration of the Services for the Customer are not included in the support and may be provided according to separate agreements.
The Customer may contact Fearless Forex support on business days (Monday to Friday except for Christmas Eve, New Year’s Eve and other public holidays) between 09:00 and 17:00 hours Singapore time. Any contact with Fearless Forex support shall take place via [email protected]
Processing of personal data. The Services offered by Fearless Forex entail collecting and processing of Customer’s personal data.
8 SPECIAL DISCLAIMER
THE FEARLESS FOREX SERVICES ARE PROVIDED "AS IS." WE, OUR AFFILIATES AND OUR EVENTUAL SUBPROCESSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ALTCOIN NINJAS SERVICES, INCLUDING ANY WARRANTY THAT THE FEARLESS FOREX SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF RISK OR ADVERSE ELEMENTS, OR THAT ANY CONTENT, INCLUDING THE CUSTOMER DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND SUBPROCESSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
- LIMITATION OF LIABILITY.
Limitation of liability. If Fearless Forex is held responsible for paying damages to the Customer as a consequence of breaches of any of the obligations under this Agreement, such damages may in no event include compensation for indirect loss or damages of any kind which may arise as a result of, or in connection with, such breach. Indirect loss includes, but is not limited to, loss of profit of any kind, losses as a consequence of disrupted operations, loss of data, lost savings. Fearless Forex’s liability under this Agreement is therefore limited to direct loss, unless otherwise set out in mandatory applicable law, for example, damages due to gross negligence or intent.
If standardized sanctions are agreed, these standardized sanctions shall be the sole and exclusive remedy for the matter and no other claims may be made based on the same situation.
Even though Fearless Forex will use appropriate care to ensure secure transmission of information between the Customer and the Services, the Customer recognizes that the Internet is an open system and that Fearless Forex cannot warrant that a third party cannot or will not intercept or alter data during the transmission. Fearless Forex takes no responsibility for such unauthorized access to, use or alternation or publication or loss of data.
Neither is Fearless Forex responsible for lack of availability of the Services when this is directly or indirectly caused by the Customer or by circumstances for which the Customer is responsible or the reconstruction of data regardless of cause.
- FORCE MAJEURE
If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties’ control, both parties’ obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, in accordance with section 10 of this Agreement, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement.
In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents Fearless Forex from fulfilling the Customer’s instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. Fearless Forex is not in any way responsible for any such or other force majeure circumstance.
- TRANSFER OF ACCOUNT OR SERVICES
The Customer is not entitled to transfer all or part of the right to use the Services to another entity. Fearless Forex may fully or partially transfer its rights and obligations under the Agreement to subsidiaries or other companies within the same group, hereunder use these as sub-contractors, provided that this is done in such a manner that it is ensuring compliance with the obligations under all relevant data protection laws from the Customer’s perspective.
- CUSTOMER COMPLAINTS
The Company shall maintain effective and transparent procedures for the reasonable and prompt
handling of complaints received from the Customer and shall keep a record of each complaint and the measures taken for its resolution or handling.
The Parties agree to make every reasonable effort for resolving any disputes between them
before commencing any litigation proceedings.
- GOVERNING LAW
This Agreement is governed by and construed in accordance with all the applicable international laws. Exclusive jurisdiction and venue for any action arising under this Agreement are in the Courts of Justice from the headquarters of Fearless Forex, and both parties hereby consent to such jurisdiction and venue for this purpose. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
- ENTIRE AGREEMENT
No change, consent or waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. The failure of Fearless Forex to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
Any notice hereunder will be effective upon receipt and shall be given in writing, in English and delivered to the other party at its address given herein for Fearless Forex and in the account information for the Customer.
- ACKNOWLEDGMENT OF TERMS
The Customer acknowledges that they:
(a) have read this agreement prior to signing up for the corporate account;
(b) understand the terms of this agreement;
(c) have signed this agreement voluntarily, by signing up for the account;
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the signup.