TERMS & CONDITIONS
TERMS OF SERVICE, RISK STATEMENT AND DISCLAIMER
TERMS OF SERVICE
THIS TERMS OF SERVICE (THE “AGREEMENT”) WILL GOVERN YOUR USE OF OUR SOFTWARE, ALL SERVICES AND TOOLS MADE AVAILABLE TO YOU (COLLECTIVELY REFERRED TO AS THE “SERVICE”). THIS SOFTWARE AND SERVICES IS OWNED AND MANAGED BY ORCA-FX.COM .
We advise you to read the terms contained herein carefully before installing this software.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE TERMS CONTAINED HEREIN CONSTITUTE A LEGALLY BINDING TERMS OF SERVICE BETWEEN YOU AND ORCA-FX.COM.
ORCA FX EXPERT ADVISORS AND CUSTOM EXPERT ADVISORS ARE AUTOMATIC TRADING SOFTWARE PROGRAMS FOR THE METATRADER PLATFORMS THAT ALLOWS YOU TO AUTOMATICALLY TRADE BASED ON TRADING RULES. YOUR CONTINUOUS USE OF THESE SOFTWARE IS SUBJECT TO YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL OF THE TERMS CONTAINED IN THIS TERMS OF SERVICE.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have full power and authority to do so.
We hereby grant you (as an individual) a revocable, non-exclusive and non-transferable right to use the Orca FX Expert Advisors Software in accordance with the provisions of this Terms of Service.
We hereby grant you upon payment of the agreed license fee a perpetual right to use the Orca FX Expert Advisors Software. You may only install and use the licensed copy of the Orca FX Expert Advisors Software on a licensed operating system.
We make every effort for a support to be available by e-mail, but we cannot accept liability for whatever reason, if they are not available.
a. Transfer: You may not rent out, hire, lease, sell or otherwise transfer the Orca FX Expert Advisors Software, if applicable, nor any copies of the Orca FX Expert Advisors Software, or any of the accompanying documentation. You may not divulge, make available, or otherwise redistribute all or any part of the Orca FX Expert Advisors Software or any copies thereof to third party or entity for any reason whatsoever.
b. Reverse Engineering/ Modifications: You may not reverse engineering analysis, decompile, disassemble the components of the Software, or any of your obtained license keys. You may not modify or adapt the Software or any of the license key you received in any way.
c. You may make one copy of the Software, Documentation, and any license keys you have obtained, solely for backup or archival purposes. Any copies of the Software, Documentation, or license keys shall include any copyright information or other notices of ownership, which were accompanied by these materials when they are transferred to you.
Permitted only exceptions from this paragraph; neither you nor any other accountable or controlled by a person you cannot make copies of the software, documentation, license keys, or any part thereof.
The Software, as applicable, is licensed, not sold to you, for use only under the terms of this Terms of Service, and We reserve all rights not expressly granted to you. We retain all ownership rights to the Software and all copyright and other intellectual property rights in the Software, as applicable, (including all trademarks, trade signs, logo, source codes, codes, and such other proprietary information incorporated into the software) and any copies of the Software, as applicable, or any part thereof.
The terms of the Terms of Service only grants you a limited right to use the Software, as applicable, The Software, as applicable, is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. You must treat Orca FX Expert Advisors Software and your access to, and use in full compliance with the terms contained herein.
REPRODUCTION AND OR TRANSLATION OF ANY PART OF THIS WORK BY ANY MEANS ELECTRONIC OR MECHANICAL INCLUDING PHOTOCOPYING BEYOND THAT PERMITTED BY COPYRIGHT LAW WITHOUT THE PRIOR WRITTEN PERMISSION OF THE OWNER IS UNLAWFUL.
WARRANTIES AND REPRESENTATIONS
This service is provided to you based on the Terms of Service provided herein. By using this service, you expressly warrant that you’re legally allowed to enter into legally binding Agreements.
You further represent and warrant that you:
Are at least 18 years old or of other legal age.
have not previously been suspended or removed from our Services;
have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
Will not use our Software if it is prohibited in your Country.
When accessing or using our Software, you further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Software. Without prejudice to the generality of the foregoing, you represent, and warrant that you will not:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our Service with full functionality, or that could damage, disable, overburden or impair the functioning of Service in any manner;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
Develop any third-party applications that interact with our Service without our prior written consent;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
To use any feature or service on this Website, you’ll be required to create an account with Orca-FX.com . You understand that the following terms shall apply to your account.
a. You warrant the information you provide while creating an account with us is true and accurate to the best of your knowledge.
b. In the event of any changes to the information earlier provided by you, you’ll be responsible for making timely update of such information under your profile.
c. You understand that you’ll be responsible for keeping your login credentials safe at all times. Orca-FX.com will not be responsible for loss of your credentials or a third party access that may arise from your negligence. You are solely responsible for any authorized or unauthorized access to your Software program to the greatest extent permitted by law.
d. Should you notice any unusual activity with your account, you’re responsible for providing a timely notification to Orca-FX.com.
CFTC RULE 4.41
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
LIMITATION OF LIABILITY
Except as expressly provided to the contrary in a writing by us, our Software services is provided on an "As is" and "As available" basis.
WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
Except as otherwise required by law, IN NO EVENT SHALL ORCA-FX.COM, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE ORCA-FX.COM IP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ORCA-FX.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ORCA-FX.COM'S RECORDS, PROGRAMS OR SERVICES.
We resume the right, in our sole discretion, to control any action or proceeding (at our expense) to which we are a participant and determine whether we wish to settle it.
To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORCA-FX.COM (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ORCA FX EXPERT ADVISORS SOFTWARE OR TO THESE TERMS EXCEED THE LICENSE FEES PAID BY YOU TO ORCA-FX.COM.
APPLICABLE LAW; ARBITRATION
Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Kuwait Judiciary System when the Notice of Arbitration is submitted. The law of this arbitration clause shall be of the State of Kuwait.
The arbitrator has the authority to grant any remedy that would otherwise be available in court.
You expressly waive the right to commence a Class Action, class arbitration or representative action or proceeding against Orca-FX.com whether the dispute is heard in arbitration or in court.