Definitions
For the purposes of these Terms and Conditions:
You means 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.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Orchard Forex and any associated company.
Service refers to the Website, and information or files provided by the company.
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.
Website refers to Orchard Forex, accessible from https://orchardforex.com and https://products.orchardforex.com
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditional on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditional 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 Application or 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.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service. The company is not liable for any loss or damages incurred through the use of services or products provided by other companies, including those that may linked from this website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“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.
You must not use the WEBSITE to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our WEBSITE without our express written consent.
You must not use the WEBSITE to transmit or send unsolicited commercial communications. You must not use the WEBSITE for any purposes related to marketing without our express written consent.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
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, you must stop using the website and the Service.
Disclaimer
You should be aware that trading foreign exchange or other leveraged or margin instruments carries a high level of risk, and you can lose some or all of your investment. The high degree of leverage that is often obtainable in forex trading, can work against you as well as for you. The use of leverage can lead to large losses as well as large gains. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Do not trade with money you can’t afford to lose.
THE COMPANY will not be liable or responsible for any loss or damage due to any reason. By using any product available at the WEBSITE, you acknowledge that you are familiar with these risks and that you are solely responsible for the outcomes of your decisions. We accept no liability whatsoever for any direct or consequential loss arising from the use of our products. You understand and agree that past results are not necessarily indicative of future performance.
The COMPANY does not take responsibility for problems caused by external reasons, like, for example, the availability of the web servers, power failures or performance of the brokers, on which we have no influence. Should financial or personal losses and/or financial damage occur due to such events, we cannot be held responsible for them. Despite careful research and thoughtful supply of all the information, we are not responsible for any possible failure.
We take no responsibility for our products. Should you trade using our products at any market e.g. Foreign exchange market, it will be done by your own decisions and under your own responsibility. We do not take responsibility for possible losses at the foreign exchange markets or other investments. With the purchase of any product at the WEBSITE, you agree that you have been informed by us expressly about the risks. We recommend to always test the product beforehand on a demo account and through backtests.
Any default values provided with the products (inputs) are used for the purposes of developing the products only and are not intended nor recommended for use in live trading. You are wholly responsible for determining the best values to use for your trading.
All contents on the WEBSITE are protected by the international laws regarding intellectual and Industrial property rights.
The client and/or may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the WEBSITE, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the WEBSITE solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
Where a licence to use a product is provided under an affiliate agreement the licence is valid only while you are in agreement with any terms and conditions provided by the affiliate company.
By purchasing any product, the client understands that resaling or distributing any of our products, for commercial or non-commercial purposes, is a fraudulent and illegal violation of the exclusive software license agreement, and they infringe the copyright and industrial property items protected by the law and which also belong to the COMPANY. Any attempt by the client to do so will terminate the software license without prior notice and without the possibility of a refund.
The client and/or user must not use any of our products in any way that causes, or may cause, damage to the WEBSITE or impairment of the availability or accessibility of the WEBSITE, or in any way which is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Any attempt to do so by the customer will cause the software license(s) to be terminated without notice and without the possibility of a refund.
Risk Disclaimer
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. 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. Clearly understand this: Information contained within this website is not an invitation to trade any specific investments.
Trading requires risking money in pursuit of future gain. That is your decision. Do not risk any money you cannot afford to lose. This document does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and not as individual investment advice. Do not act on this without advice from your investment professional, who will verify what is suitable for your particular needs and circumstances. Failure to seek detailed professional personally tailored advice prior to acting could lead to you acting contrary to your own best interests and could lead to losses of capital.
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.
By using any free or paid product developed by the COMPANY, you acknowledge that you are familiar with these risks and that you are solely responsible for the outcomes of your decisions. We accept no liability whatsoever for any direct or consequential loss arising from the use of this product. It’s to be noted carefully in this respect, that past results are not necessarily indicative of future performance.