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TOS .pdf



Nom original: TOS.pdf
Titre: terms of services.pdf

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These Terms of Use (“Terms of Use”) contain the terms and conditions governing
your access and use of Forexdinasty.com and its related URLs along with any
Forexdinasty or switztrader sponsored Facebook group(s) (“Site”) is entered into by
and between Forexdinastry or switztrander and you – an individual or business-entity
accessing and using the Site.
BY USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ THESE
TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THE THESE
TERMS OF USE, PLEASE LEAVE THE SITE BY ​CLICKING HERE​.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO
TIME WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THIS SITE
AFTER SUCH MODIFICATIONS WILL CONSTITUTE YOUR
ACKNOWLEDGEMENT OF THE MODIFIED TERMS OF USE AND AGREEMENT
TO ABIDE AND BE BOUND BY THE MODIFIED TERMS OF USE.
1. Description of Services
Switztrader makes various services available on this Site including, but not limited to,
an online course that teaches you how to create an international trading business.
Switztrader is also providing his own opinion of the forex market under the section
called ‘’ Forex Signals ‘’. Those Forex Signals are his personal opinion. Switztrader
isn’t forcing you to enter on these trades, he’s only sharing his thoughts. In any case
he’s claiming that he can bring you benefit. Moreover​ PAST RESULTS CAN’T
GUARANTEE FUTURE RESULTS ‘’​. Switztrader Limited isn’t responsible for any
losses that clients or students could be the victim of. Switztrader limited isn’t
regulated by any regulated entity. Fees for the various services we offer are set out
in the Site.
We reserve the sole right to either modify or discontinue the Site, including any
features therein, at any time with or without notice to you. We shall not be liable to
you or any third party should we exercise such right. Modifications may include, but
are not limited to, changes in the pricing structure, the addition of fee-based
services, or changes to limitations on allowable file sizes. Any new features that
augment or enhance the then-current services on this Site shall also be subject to
these Terms of Use.
You understand and agree that temporary interruptions of the services available
through this Site may occur as normal events. You further understand and agree that
we have has no control over third party networks you may access in the course of
the use of this Site, and therefore, delays and disruption of other network
transmissions are completely beyond our control.

2. Registration Data and Privacy
In order to access some of the services on this Site, you will need to complete our
online registration form through which you will provide us with certain information
and data (“Registration Data”). By registering, you agree that all information provided
in the Registration Data is true and accurate and that you will maintain and update
this information as required in order to keep it current, complete and accurate.
You also grant us the right to disclose to third parties certain Registration Data about
you. The information we obtain through your use of this Site, including your
Registration Data, is subject to our Privacy Policy Switztrader which is specifically
incorporated by reference into these Terms of Use.
3. Security and Password
You are solely responsible for maintaining the confidentiality of your password and
account and for any and all statements made and acts or omissions that occur
through the use of your password and account. Please take steps to ensure that
others do not gain access to your password and account. Switztrader will never ask
you for your password.
You may not transfer or share your account with anyone and we reserve the right to
immediately terminate your account in the event of any unauthorized transfer or
sharing there of.
4. Description of the content
Forexdinasty is providing 2 majors service which are the course package and the
VIP Signal. ​The course package​ (also called Mentoring pro pack 2.0) is including
several components such the direct access to switztrader’s website where live
videos are presented. The course also include the access to Switztrader personal
ebook and the direct access to the ‘’Forex Student ‘’ group available on whatsapp.
The VIP signal ​is a Telegram channel where Switztrader is providing his personal
thought about the Foreign exchange market. In any case Switztrader is advising you
to invest in any pairs he is. Every clients acknowledge that by subscribing to this
channel they are disclaiming Switztrader for any losses that they could undergo.
Switztrader is usually providing from 2 to 6 trades per week, but it can happen that
some weeks there are no trades because of the market conditions.By subscribing to
the VIP signal, Switztrader is not in the obligation to answer to your question, his part
of the contract is limited to provide his personal vision about to market and not to
answer to others questions.

5. Payment of Fees
If you subscribe to a service on this Site that requires payment of a fee, you agree to
pay all fees associated with such service. For all charges for services on this Site,
we will bill your credit card. Any recurring charges are billed in advance of the
service actually being provided.
You agree to provide us with accurate and complete billing information, including
valid credit card information, your name, address and telephone number, and to
provide us with any changes in such information within five (5) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the
service, we may, at our sole option, suspend or terminate your subscription to the
service and require you to pay the overdue amount by other means acceptable to us.
You agree that until your subscription to the service is terminated, you will continue
to accrue charges for which you remain responsible – even if you do not use the
service.
To clarify the payment section regarding the services proposed by Forexdinasty:
The course package will create a one time fee of 1000$ (a discount can be given by
switztrader), while the VIP Signal will create a monthly charge/fee of 70$.
6. Course package: Refund Policy “10 Days – No Questions Asked”
Switztadrer believes in the quality of the content it offers for sale on the Site and,
because of this, will refund your money for any course purchased through the site
with no questions asked for a period of ten (10) days following your purchase of the
course (“Refund Period”). After the Refund Period has elapsed, any monies you
have paid to Forexdinasty or to Djordje Novakovic directly shall be fully-earned by
the company and any refund of amounts paid thereafter is solely within the discretion
of Switztrader. The only exceptions to this refund policy is for the purchase of the
Switztrader“Invasion” and “Ignition” programs – refunds of which are at the sole
discretion of Switztrader – given the unique nature of these programs.
This 10 days refund policy is not working when the customer is using a discount to
make the purchase.
7.1 VIP Signal: Cancel the subscription
At any moment the customer can feel free to cancel his VIP signal subscription by
sending an email to ​forexdinasty@gmail.com​ .This email is provided to the customer
on the main page of the sales page but also on the confirmation email that he
receives once the subscription is made.

7.2 VIP Signal: No refund policy
As previously mentioned Forexdinasty also offers a programs called “VIP Signal”
which can be subscribed to either on a month-by-month or annual basis. If you
subscribe to this programs on a month-by-month basis, you are free to cancel at any
time. However, Switztrader will not issue you a refund.
7.3 VIP Signal: Chargeback policy
All references to “chargeback” refer to a reversal of a credit/debit card charge placed
on the Site. There is no reason for a chargeback to ever be filed. If a credit is due in
accordance with these Terms of Use, simply contact us by email to
forexdinasty@gmail.com​ and we will gladly issue it. Unnecessary chargebacks are
theft and can be prosecuted. If you feel that your credit/debit card was used
fraudulently on the Site, please contact use for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED
TO YOUR CREDIT/DEBIT CARD ON THE SITE. IF YOU CHARGEBACK A
CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU
AGREE THAT WE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN
ADDITION TO FIVE HUNDRED DOLLARS ($500.00) BY ANY MEANS DEEMED
NECESSARY, INCLUDING BUT NOT LIMITED TO, RECHARGING YOUR
CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A
COLLECTION AGENCY.
8. Conduct on Site
Your use of the Site is subject to the Forexdinasty along with all applicable laws,
rules, and regulations. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library, or
other interactive service that may be available to you on or through this Site, you
agree that you will not upload, share, post, or otherwise distribute or facilitate
distribution of any content — including text, communications, software, images,
sounds, data, or other information — that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or group of
individuals), or otherwise violates our rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or
other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known
as “spamming”), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the Site.
We generally do not pre-screen, monitor, or edit the content posted by users of
communications services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on or through this Site.
However, we have the right, at our sole discretion, to remove any content that does
not comply with these Terms of Use or that we otherwise find to be harmful,
objectionable, or inaccurate.
9. Termination of Use
Forexdinasty may, in its sole discretion, terminate or suspend your access to the Site
with or without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be
grounds for terminating your relationship and may be referred to appropriate law
enforcement authorities.
If someone is providing a proof to Switztrader that you’re selling Forexdinasty
personal thoughts without any contract you’ll be charged of 499$ directly to your
credit card, plus you’ll get banned from his channel and student group.

10. Our Intellectual Property
All information, communications, software, photos, video, graphics, music, sounds,
and other material and services that can be viewed by users on our Site (“Content”)
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws and is the sole property of Forexdinasty.
Except for a single copy made for personal use, you may not copy, reproduce,
modify, republish, upload, post, transmit, or distribute any Content without first
securing our written consent to do so. Any unauthorized use of the materials
appearing on this Site may violate copyright, trademark and other applicable laws
and could result in criminal or civil penalties.
Switztrader, the Switztrader logo are all trademarks of Switztrader. All other
trademarks or service marks on the Site are the property of their respective owners.
11. Your Materials
Subject to our Privacy Policy Forexdinasty, any communication or material that you
transmit to this Site or to us, whether by electronic mail or other means, for any
reason, will be treated as non-confidential and non-proprietary. While you retain all
rights in such communications or material, you grant us and our agents a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display,
perform, publish, translate, adapt, modify, and otherwise use such material for any
purpose regardless of the form or medium (now known or not currently known) in
which it is used.
Please do not submit confidential or proprietary information to us unless we have
mutually agreed in writing otherwise. We are also unable to accept your unsolicited
ideas or proposals, so please do not submit them to us in any circumstance.
12. Allegations of Infringement
Forexdinasty, Switztrader, respects the intellectual property of others and we ask
you to do the same.
If you or any user of this Site believes its copyright, trademark or other property
rights have been infringed by a posting on this Site, you or the user should send
notification to our designated agent (as identified below) immediately. To be
effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed’
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party,
such as address, telephone number and, if available, an electronic mail address at
which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to
infringing activity and that is to be removed and information reasonably sufficient to
permit us to locate the materials;
5. A statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our
designated agent for notice of claims of copyright infringement can be reached as
indicated below.
Your acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our Site
without liability to you or any other party and that the claims of the complaining party
and the party that originally posted the materials will be referred to the United States
Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
13. Potential Earnings
Forexdinasty has made every effort to accurately represent our products and
services. As with anything, though, success is the result of hard work and any
example of earnings on the site should not be interpreted as a promise or guarantee
of your own success. ​PAST RESULTS DON'T GUARANTEE FUTURE RESULTS.
Switztrader isn’t responsible for any losses that can be made from a student or a
client.

Materials on our Site may include or be based upon forward-looking statements
within the meanings of Switzerland laws. Any and all forward-looking statement
contained on the Site are only intended to express our opinion as to earnings
potential. Many factors will be important in determining your actual results and there
is no guarantee that you will achieve results similar to ours or anyone else. In fact,
Switztrader cannot guarantee that you will achieve any results from our products and
services.
14. Testimonials
Testimonials appearing on this Site are the individual experiences and personal
opinions of those who have actually used our products and/or services. However,
they are individual results and individual results do vary. Forexdinasty does not claim
that the results contained in these testimonials are typical results achieved by those
using our products and services.
15. Disclaimer of Warranties
Without limiting the foregoing, Forexdinasty makes no waeeanty that
(1) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS,
(2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE,
OR
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET
YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
This site could include technical or others mistakes, inaccuracies or typographical
errors. Forexdinasty may make changes to the materials and services at this site,
including prices and descriptions of any products listed herein, at any time without
notice. The materials or services at this site may be out of date and Forexdinasty
makes no commitment to updates such materials or services.
The use of the services or downloading or other acquisition of any materials through
this site is do at your own discretion and risk with your agreement that you will be
solely responsible for any damage to your computer system or loss of data that
results from such activities.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some
of the above limitations may not apply to you.

16. Your Use of Forms
Materials on this Site may include sample or form agreements, letters or other
documents, including financially or legally significant documents such as contracts
and other items (“Forms”). Forms are provided solely as examples of typical
documents of their kind, and the delivery and use of Forms does not constitute legal,
accounting, or other professional advice.
Under no circumstances will Forexdinasty be liable for any loss or damages caused
by your reliance on information or advice obtained through this Site, including your
use of any of the Forms.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any
information, opinions, Forms or other content available on or through this Site. In
particular, you are urged to consult an appropriate professional licensed in your
jurisdiction before using any Forms or otherwise relying on any legal, accounting, or
other professional advice or information obtained on or through this Site.
17. Limitation of Liability
Forexdinasty will not be liable for indirect, special, incidental or consequential
damages or any loss of revenues, profits, or data, arising in connection with this
agreement or the program even if we have been advised of the possibility of such
damages. As to direct damages, Forexdinasty is also not responsible for any losses.
Some jurisdiction prohibit the exclusion or limitation of liability for consequential or
incidental damages, so the above limitations may not apply to you.
18. Indemnification
You agree to indemnify, defend, and hold harmless Forexdinasty and its
subsidiaries, affiliates, members, employees, agents, and other owners (“Indemnified
Parties”) against any and all claims, actions, demands, liabilities, losses, damages,
judgments, settlements, costs, and expenses (including reasonable attorney’s fees)
(“Losses”) insofar as such Losses are out of, based upon, and/or related to your use
of the Site.

19.1 Disclaimer
Forexdinasty results should not be considered as real results. The results posted can
be real or fictitious. In any case someone can suite Forexdinasty for the marketing
he is doing by using real or fictitious results. Moreover, Forexdinasty is not a financial
advisor, the company is only sharing its personal thought. The company is not
regulated by any financial organisation.
19.2 Disclaimer: Risk associated with Forex trading
Trading foreign currencies can be a challenging and potentially profitable opportunity
for investors. However, before deciding to participate in the Forex market, you
should carefully consider your investment objectives, level of experience, and risk
appetite. Most importantly, do not invest money you cannot afford to lose.
There is considerable exposure to risk in any foreign exchange transaction. Any
transaction involving currencies involves risks including, but not limited to, the
potential for changing political and/or economic conditions that may substantially
affect the price or liquidity of a currency. Investments in foreign exchange
speculation may also be susceptible to sharp rises and falls as the relevant market
values fluctuate.
The leveraged nature of Forex trading means that any market movement will have
an equally proportional effect on your deposited funds. This may work against you as
well as for you. Not only may investors get back less than they invested, but in the
case of higher risk strategies, investors may lose the entirety of their investment. It is
for this reason that when speculating in such markets it is advisable to use only risk
capital.
19.3 Disclaimer: Risk disclaimer for forex trading
Trading foreign exchange on margin carries a high level of risk, and may not be
suitable for all investors. Past performance is not indicative of future results. The
high degree of leverage can work against you as well as for you. Before deciding to
invest in foreign exchange you should carefully consider your investment objectives,
level of experience, and risk appetite.
The possibility exists that you could sustain a loss of some or all of your initial
investment and therefore you should not invest money that you cannot afford to lose.

You should be aware of all the risks associated with foreign exchange trading, and
seek advice from an independent financial advisor if you have any doubts.
19. Governing Law
These Terms of Use are governed by the laws of the Switzerland, without regards to
its conflict of laws principles. By participating in the Program, you agree to and
hereby submit to the exclusive personal jurisdiction of Switzerland.
These Terms of Use (“Terms of Use”) contain the terms and conditions governing
your access and use of Switztrader.com and its related URLs along with any
Switztrader sponsored Facebook group(s) (“Site”) is entered into by and between
Essar, LLC (“Switztrader”) and you – an individual or business-entity accessing and
using the Site.
By using the site, you are confirming that you have read these termes of use and
agree to be bound by the terms and conditions contained herein. If you do not wish
to be bound by these terms of use, please leave the site by ​CLICKING HERE​.
We reserve the right to change these terms of use from time to time, but we will
inform you.


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