General Terms and Conditions
These Terms And Conditions contained herein, govern your access, use, and browsing in any Website controlled by Algo International regardless of eventual purchase and use of the website, including:
(i) algointernational.com, its related subdomains and microsites, and eventual mobile applications (collectively referred to herein below to as “Site”, “Website” and/or “Portal”);
(ii) any product, algorithm, indicator, content, functionality, and services offered on or through the Site (collectively referred to herein below to as “Products” or “Services”).
Algo International is a software coding company specialising in algorithms and indicators for those with an interest in forex trading.
For these Terms, Algo International will also be referred to as the “Provider”, “Company”, “we”, “us” and “Algo”.
1 – YOUR ACCEPTANCE OF THE TERMS
Any interaction you have with the Site through the use of browsers, applications, programs, or other tools, whether installed by you or a third party, shall be deemed to be your use of this Site.
You must not use this Site if you have any objection to any of these Terms And Conditions.
These Terms, including any legal notices and disclaimers contained on the Portal, constitute the entire agreement between the Provider and the User of the Website and supersede all prior agreements and understandings concerning the same.
1.2 This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Provider services. If you do not meet all of these requirements, you must not access or use the Site without the supervision of an adult.
1.3 By entering these terms, you expressly acknowledge you have read and understood all of the terms included herein and have taken time to consider the consequences of this important decision.
2 – THE SERVICES AND USERS OF THE SERVICES
2.1 Through our Services, we offer innovative trading robots/algorithms used in the MT4 Platform.
2.2 Users of our Services are referred to collectively as “Users”. Any User can register on the Site. Registration or subscription to the Platform requires the User to:
– provide contact information and identification details; and
– submit any other form of authentication required as part of the registration process, in Provider’s sole discretion.
The User agrees to accepts responsibility for all activities that occur under the account or password. A Broker will open your trading account, and not Algo International. All documents you provide as part of the account opening process, and any checks or due diligence examinations shall be performed to your broker and Algo International has no connection or knowledge of these matters. You can also ask help from Algo International’ representatives to transfer of necessary documents to your broker.
2.3 Algo International does not have access to your funds, therefore it is not responsible for any deposits or withdrawals, and is unable to withdraw money from your account. These actions will be part of the relationship between you and your broker solely. The funds in your account will be your sole property, and only you or your authorized representatives will be able to withdraw them.
The User may cancel the account at any time by contacting the Provider.
You agree that you are responsible for all charges incurred in connection with any activity sponsored on our Site, including, without limitation, all taxes, processing charges, and other fees. We are entitled to debit your account with the outstanding tax amount that needs to be settled (excluding taxes payable by us in relation to our income or profits).
2.4 The Provider may terminate any account refusing all current or future use of the Site or other services, or any portion thereof:
– to comply with applicable regulations;
– if the User provides any information that the Provider determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete);
– in other circumstances, as the Provider deems appropriate in its sole discretion.
2.5 As a User of the Website, you expressly agree not to:
– Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity;
– Use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
– Restrict or inhibit other Users from using and enjoying the Platform;
– Circumvent or reverse engineer the Site or our systems or to gain unauthorized access to any areas of the Services or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means;
– Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks or any systems or networks connected to the Site, including by “flooding” the Website with requests; or
– Use the Services to gain competitive intelligence about us or any product offered via the Site or to otherwise compete with us or our affiliates.
2.6 Your trading account will be on an MT4 platform, however, you confirm and authorize Algo International to access your account to operate its indicator and opening buy and sell positions.
2.7 We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
2.8 The Services offers several trading tools to Users (collectively, “User Tools”), some of which are provided by third parties. We are not responsible for the availability, suitability, or effectiveness of any of these User Tools, whether provided by a third party or not.
3 – WE ARE A NEUTRAL VENUE
3.1 As a User, you acknowledge that we are not a broker or a bank.
We offer Services function solely as a neutral venue. All trading activities should be considered as performed by yourself using our robots.
3.2 We are not involved in or a party to the actual transaction between Users and brokers. The User simply uses our robots to make any activity. As a result, we have no control and we are not liable or responsible for the actions or inactions of our Users.
4 – INTELLECTUAL PROPERTY OWNERSHIP (IP)
4.1 Algo International grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Site.
Our Services contain copyrighted material, inventions, know-how, potentially patentable material, design, logos, phrases, names, shapes, and styles (collectively “Intellectual Property Content”).
Unless otherwise indicated and/or provided according to a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests, and title thereto.
The Provider also claims ownership rights under the copyright and trademark laws concerning the “look,” “feel,” “appearance” and “graphic function” of the Website, including but not limited to its colour combinations, sounds, layouts, and designs.
4.2 The violation of any of the clauses expressly provided in this Terms, or other Terms And Conditions under this Site is a blatant violation of the Provider’s IP.
All Project-related intellectual property invented, created, conceived or developed, as a direct result of the development of any Provider materials, or ideas, without a specific contract that transfer the ownership, shall be owned exclusively by the Provider.
4.3 These Terms are part of the Provider’s IP.
4.4 If the Provider determines that any material under it’s IP is being infringed by the User’s activities and that such infringement could affect him under this Terms, or any other agreement, it will promptly notify the User in writing.
Also, if the Provider determines that any Licensed know-how or idea is being misappropriated by the User’s activities and that such misappropriation could affect them under this Terms, or any other agreement, it will promptly notify the User in writing.
4.5 The User acknowledges that in the event of a breach or threatened breach of any provisions about the Provider’s IP, inside any Agreement or Terms, the harm suffered by the Provider would not be compensable by monetary damages alone and, accordingly, the Provider shall, in addition to other available legal or equitable remedies, be entitled to injunctive relief against such breach or threatened breach.
All expenses costs, fees, damages, losses, and royalties or other amounts paid in settlement incurred in connection with an Infringement Allegation shall in no way be the burden and/or responsibility of the Provider but shall be the sole burden and/or responsibility of the User.
5 – ORDERS – TRANSACTIONS
5.1 You have the right to use a Power of Attorney to authorize a third person (representative) to act on your behalf in all business relationships with us. The Power of Attorney should be provided to us along with all the identification documents of the representative. If there is no expiry date, the Power of Attorney will be considered valid until you expressly send us a written termination of it.
5.2 Orders instructions and trading activity will be performed by the trading robot. All trading activities should be considered as performed by yourself using our robots.
5.3 You acknowledge that some markets place restrictions on the number of transactions that can be made in one day, on the total value of them, and on certain types of Orders that can be directly transmitted to their electronic trading systems.
5.4 Confirmations for all Transactions that have been executed through your account will be available on your account as soon as the transaction is executed. It is your responsibility to notify us if any confirmations are incorrect. Confirmations shall, in the absence of manifest error, be conclusive and binding for you, unless you express your written objection within five (5) Business Days.
5.5 We have the right to cancel a transaction if we have reasonable reasons to believe that one of the following has incurred: (a) Fraud / illegal actions led to the transaction, (b) Orders placed on prices that have been displayed as a result of system errors or systems malfunctions either of those of the Company or its third-party service providers. (c) The Transaction has been performed in violation of the provisions of this Agreement.).
5.6 You agree that you are responsible for all charges incurred in connection with any transaction on our Site, including, without limitation, all taxes and processing charges.
5.7 Algo International to provide an extremely efficient Service may use third-party services to manage products and orders. The Provider may share, in the manner and with the guarantees of those Terms, all the User information with such entities as better specified on these Terms and Conditions.
5.8 You agree that each of the following representations and warranties is deemed as present each time you open or close a Transaction by reference to the circumstances prevailing at such time: (a) that you have not been coerced or otherwise persuaded to enter into this Agreement; (b) the data provided by you to us complete, true, accurate and not misleading in all respects and the certificates provided are authentic; (c) that you are of sound mind, legal age and legal competence; (d) that you understand how the transactions hereunder operate before using our Services, you warrant that you understand the terms and conditions of this Terms and Conditions, and any legal and financial implications thereof; (e) that you have read and understood the Risks Disclosure(s); (f) that you have taken all reasonable steps to understand the specifications and characteristics of the Trading Platform and the associated hardware, software, data processing and telecommunication systems and networks required to access and operate the Trading Platform; (g) that you are acting as a principal and not as agent or representative or trustee or custodian on behalf of someone else. You may act on behalf of someone else only if we specifically consent to this in writing and provided all the documents required by us for this purpose are received; (h) you are not an employee of any Underlying Market, a corporation in which any Underlying Market owns a majority of the capital stock, a member of any Underlying Market and/or firm registered on any Underlying Market or any bank, trust or insurance company that trades in Financial Instruments covered under this Agreement between us; (i) you will not enter into any Transaction for the purposes of arbitrage, Scalping or to exploit any temporal and/or minor inaccuracy in any rate or price offered on the Trading Platform; and (l) the execution, delivery and performance of the Agreement and your use of the Trading Platform including each Transaction you complete thereto will not violate any law, ordinance, charter, by-law or rule applicable to you, in the jurisdiction in which you are resident, or any agreement by which you are bound or by which any of your assets are affected. . Whether exceptional circumstances exist will be determined by us from time to time the Client funds used for trading are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing;
5.9 You are fully liable for any credit card transactions entered into the website via your Account. You agree to indemnify us fully in respect to all costs and losses whatsoever as may be incurred by us as a result, direct or indirect, of your failure to perform or settle such a transaction. You further agree that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the “mispricing”) due to an undetected programming error, bug, defect, error or glitch in the robot or any other reason resulting in mispricing (for this section the “error”), we reserve the right to cancel such transactions upon notifying you of the nature of the computer error that led to the mispricing.
5.10 All deposits and withdrawals will be conducted through your broker solely. Algo International does not assume any responsibility on knowledge of any deposit or withdrawal information, including your payment details and transaction details.
6 – DISCLAIMER OF WARRANTY
6.1 Algo International provides access to its Site to Users and prospective Users “as is” and “as available” and without any representation or warranty of any kind, whether express, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement on all uses/purchases.
To the fullest extent permissible by applicable law, all such representations and warranties are hereby expressly disclaimed. without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider disclaims any warranties, express or implied, for any merchandise offered.
6.2 Without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider does not represent or warrant that the information in this Site, or provided by the broker are accurate, complete, or current or that the site will operate without interruption, without error or defects, bugs, viruses, or other harmful components. without limiting the foregoing and to the fullest extent permissible by applicable law.
6.3 Without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider further disclaims any liability, responsibility, or damage for any theft or loss of, unauthorized access or damage to, or interception of any data or communications sent to, from or stored on this Site.
6.4 The Provider shall not be liable for any delay, error, interruption or failure to perform any obligation under these Terms, where the delay or failure is directly or indirectly resulting from any cause beyond control, including but not limited to:
(i) acts of God, nature, court, or government;
(ii) failure or interruption in public or private telecommunication networks, communication channels, or information systems;
(iii) acts or omissions of acts of a party for whom we are not responsible;
(iv) delay, failure or interruption in, or unavailability of, third-party services;
(v) strikes, lockouts, labour disputes, wars, terrorist acts, and riots.
Point. 7 – FEES AND PAYMENT
7.1 The Site shall act as an intermediary.
7.2 We reserve the right to refuse any order or transaction you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order.
If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7.3 For the Users’ convenience, the Provider will offer several payment methods. The variety of payment methods that are accepted may not be available or limited, as reflected in the purchase tool. The Provider reserves the right, in its sole discretion, to accept only some of the services offered.
7.4 Before you will be able to submit a transaction you may be required to provide a valid payment card number and/or bank account and associated information for a payment card that you are authorized to use, including any or all of the following: (i) your name as it appears on the card or bank account; (ii) the credit or debit card type; (iii) the card, expiration date; (iv) any activation numbers or codes needed to charge your card or bank account; and (v) the billing address or Sp code or postal code associated with the card or bank account. You authorize us or our third-party payment processor to store your payment card or bank information and, if needed, to continue billing your card or bank account.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Site.
7.5 Generally all transactions will be considered as final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
7.6 We shall receive fees and payments from you for our Services provided as described in this Agreement as well as compensation for the expenses it will incur for the obligations it will undertake during the provision of the said investment services.
8. – USER CONTENT
8.1 “User-Generated Content” and/or “User Content” refers to the content added by users as opposed to content created by the Provider.
8.2 The Services may offer Users the opportunity to submit or post feedback regarding this Site, as well as reviews, comments, photos, videos, audio, and other content that are submitted through or to the Site by the User. You acknowledge and agree that the perpetual license granted by you concerning this specific User Content, including Feedback, is irrevocable. The Provider may share the User Content on his Social Media platforms.
8.3 The Services may also offer Users the opportunity to submit documents (Word files, PDFs, images) that go through review before posting them on the database.
8.4 The Provider does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights, or violations.
8.5 We are not a publisher of User Generated Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User-Generated Content.
9 – LIMITATION OF LIABILITY
9.1 Users are the only ones held responsible for obtaining a general liability insurance policy with sufficient amounts of cover to cover all the risks associated with the performance of their transactions.
9.2 In no event will the Provider, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any materials linked to it, any content, algorithm, robot, indication, and similar on the Site or such other websites or any services or items obtained through the Site.
9.3 We shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or the Services. Furthermore, we shall not be liable for any problem or dysfunction of telephone lines, online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet.
9.4 We shall not be liable for the conduct of third parties, including our partners and clients, nor damages or losses incurred by them.
9.5 We shall not be liable for damages or losses stemming from Force Majeure events, or other events which could not have been controlled by us. If we determine that a Force Majeure Event exists, we may, in our absolute discretion, without notice and at any time, take one or more of the following steps: a) close all or any of your open Transactions at such closing prices as we reasonably believe to be appropriate; (b) suspend or modify the application of all or part of the Terms and Conditions to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto, or (c) alter the Trading Hours for a particular Transaction..
9.6 However, in some other jurisdictions, limitations of liability are not permitted.
In countries where exclusions or limitations of liability are allowed, the Provider, its affiliates, suppliers, or distributors won’t be liable for:
– any indirect, special, incidental, punitive, exemplary, or consequential damages, or
– any loss of use, data, business, or profits, regardless of legal theory.
these exclusions or limitations will apply regardless of whether or not the Site or any of its affiliates has been warned of the possibility of such damages.
10 – RISK DISCLOSURE AND RELEASE
10.1 The User is the only responsible party for determining whether the use of any of the Provider services is legal in his jurisdiction. It shall be also noted that due to market conditions and fluctuations, the value of Financial Instruments may increase or decrease, or may even be reduced to zero. Regardless of the information, the Company may provide to the Client, the Client agrees and acknowledges the possibility of these cases occurring.
If you are uncertain, please seek independent legal advice.
10.2 In no event shall we or any of our officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the website or services, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the website or for any investment decisions made based on such information, whether the damages are foreseeable and whether or not we have been advised of the possibility of such damages.
10.3 We assume no responsibility for any acts or omissions concluded by either a natural or legal person that provides us with information concerning the execution of the Clients’ Transactions in Financial Instruments.
10.4 We assume no responsibility for any loss of opportunity that results in a reduction in the values of the Client’s Transactions in Financial Instruments, regardless of the cause of such reduction.
10.5 The Client is aware and acknowledges that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of Financial Instruments) through the Company and the Company’s Trading Platform and trading robot and accepts that he is willing to undertake this risk upon entering into this business relationship. You agree to use the website at your own risk. Without limiting the foregoing, the financial services contained within this website are suitable only for customers who can bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in the acquisition of financial contracts.
11 – GENERAL TERMS
11.1 Certain areas of this Website have limited access and the Provider may further restrict access to it at any time at its sole and absolute discretion.
11.2 Some information contained in the Site is purely informative and, unless otherwise provided, does not constitute a contractual proposal or an offer to the public.
11.3 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11.4 We are not responsible for any power cuts or failures that prevent the use of the system and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity/ communication/ Internet failures, if you wish to place an Order, then the alternative means of communications/placing orders will be by phone. We may decline any verbal instruction in cases where our telephone recording system is not operational or in cases where we have not identified the caller to our satisfaction or in cases where the quality of the line is poor. We reserve the right to ask you for instructions regarding your transactions by other means that we deem appropriate.
11.5 We shall not be liable for any potential damage you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to electronic systems/trading platforms may be limited or unavailable due to such system errors and that we reserve our right upon notifying you to suspend access to electronic systems/trading platforms for this reason.
11.6 The Provider may make changes to its Terms of Service from time to time. When these changes are made, the Provider will make a new copy of the Terms available on this page. Using this Site the User is expected to review such Terms regularly to ensure he/she understands all Terms And Conditions.
12 – TERMINATION
12.1 The Client has the right to terminate any relationship according to this Terms and Conditions by giving the Company at least thirty (30) days written notice, specifying the date of termination in such, on the condition that in the case of such termination, all Clients’ Open Positions shall be closed by the date of termination.
12.2 The Company may terminate any relationship under this Terms and Conditions immediately without giving notice.
12.3 The termination of any relationship according to this Terms and Conditions shall not, in any case, affect the rights and obligations which have arisen or any existing commitments or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay: (a) Any outstanding costs or pending fee(s) of the Company and any other amounts payable to the Company, (b) Any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the relationship; (c) Any damages which arose during the arrangement or settlement of pending obligations.
13 – PERSONAL DATA
13.1 The Company, for the sole purpose of managing the relationship pursuant to this Terms and Conditions, will know personal data concerning the User and its representatives, exponents, employees, clients, collaborators, etc., knowledge of which, although not mandatory, is necessary to establish and execute any relationship.
13.2 The Company assures that its representatives, employees, and collaborators have received appropriate information on the processing of personal data for the purposes related to the performance of the activities covered by this document and that their data are lawfully usable by the Company for such purposes, within the above terms.
14 – CONFIDENTIAL INFORMATION
14.1 The Company does not have any obligation to disclose to the Client any information or take into consideration any information either when making any decision or when it proceeds to any act on behalf of the Client unless otherwise agreed and stated in this Agreement and where this is imposed by the relevant Laws and Regulations and directives in force.
14.2 The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances, without limitation: (a) Where required by law or a court order by a competent Court; (b) When it is necessary in order to perform verification analysis on the Client’s identity for the purposes of safeguarding the client’s account and securing his/her personal information; (c) Where requested by a regulatory authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has Clients; (d) To relevant authorities to investigate or prevent fraud, money laundering, terrorist financing or other illegal activity; (e) To such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services; (f) To other service providers who create, maintain or process databases (whether electronic or not), offer record keeping services, email transmission services, messaging services or similar services which aim to assist the Company collect, storage, process and use Client information or get in touch with the Client or improve the provision of the Services under this Agreement; (g) To an Affiliate of the Company or any other company in the same group of the Company;
15 – COMPLAINTS PROCEDURE
15.1 The Company will put in place internal procedures for handling complaints fairly and promptly. The Client may submit a complaint to the Company via email.
16 – CONFLICT OF INTEREST
16.1 The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided the Company shall ensure that clients are treated fairly and at the highest level of integrity and that their interests are protected at all times.
17 – LEGAL RESTRICTIONS
17.1 Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the website. For the avoidance of doubt, the ability to access our website does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
17.2 You act for yourself and not as a representative or a trustee of any third person, unless you have produced, to the satisfaction of the Company, a document and/or powers of attorney that enables you to act as representative and/or trustee of any third person.
17.3 You guarantee the authenticity and validity of any document handed over by you to the Company
18 – GOVERNING LAW
18.1 These Terms shall be construed and governed following the laws of the Site Owner’s jurisdiction, and you submit to the non-exclusive jurisdiction of the Site Owner’s jurisdiction for the resolution of any disputes.
The Provider controls this Site from its corporate offices within the laws of England and Wales without regard to choice of law rules. Except for seeking injunctive relief, with regards to any dispute arising in connection to this Agreement, the Parties consent to submit the dispute exclusively to confidential arbitration proceedings by a sole arbitrator under the ICC Rules in London, whose decision shall be made within 30 days and shall be final and binding. The arbitration shall be conducted in the English language. This clause explicitly sets exclusive jurisdiction to said arbitration process, and neither party shall be entitled to submit any dispute to the courts of its domicile. Each party shall bear an equal portion of the arbitration expenses.
DATE 15 of Feb 2021