Terms Of Service

 

UPDATED: 29.10.2019

1. Some key terms

Thanks for visiting DARA TRADE! DARA TRADE ( “we”, “us” or “our”) is a software development company. DARA TRADE does NOT provide financial advise, investment advise or Brokerage services nor we act as such. 

DARA TRADE is operated by Rosebud Horizons Limited, company registered in the Republic of Ireland (reg. Nr. 595112) with registered address in Ground Floor, 8-9 Marino Mart Fairview, Clontarf, Dublin 3, D03 P590, Ireland.

When we refer to “Users”, "You", our "Your", we mean YOU our customer who use our services and products.

By using any of DARA TRADE Services and Products, you confirm you have read, agreed and understood these Terms of Service, Risk Disclosure, our Privacy Policy and our Cookie Policy.

2. Your agreement. 

This is a legal agreement between DARA TRADE and YOU the subscriber to DARA TRADE products and services.

Your subscription and use of DARA TRADE products serves as your acknowledgement and representation that you have read, and understand these TERMS OF SERVICE and that you agree to be bound by such TERMS OF SERVICE ("Agreement").

You understand and agree to ACCEPT this Agreement is, legally, the same as manually signing this Agreement. DARA TRADE  reserves the right, in DARA TRADE sole discretion, to change, modify, add or remove portions of DARA TRADE Terms at any time by posting the revisions on the Website.  When we make changes, we’ll update the “Effective Date” at the top of TERMS OF SERVICE and post it on our site. You should check DARA TRADE Terms periodically for changes as by using the DARA TRADE products after DARA TRADE posts any changes to terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualised notice of such changes. DARA TRADE Terms of Service may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to DARA TRADE Terms of Service. Your continued use of the DARA TRADE products means that you accept any new or modified DARA TRADE Terms.

3. Legal obligation of self-directer investor.

As an independent and self-directed investor, you acknowledge that you, alone, shall be fully responsible for determining the suitability of your investment choices and trading strategies, and you understand that DARA TRADE software is an automated trading system (trading robots). By signing up as a member you acknowledge that we are not providing financial advice and that you are making a the decision to place trading robots on your own trading account. Trades are done automatically and, thus, may not require human intervention. DARA TRADE staff have NO participation in operations executed on your trading platform and has neither duty nor obligation to monitor your trading activity, your performance, your robots and your trading platform. Other than giving you access/removing access and updating the trading robots DARA TRADE and our staff have NO access to your trading robots, your trading platform or your trading accounts. You must make your own financial decisions, we take no responsibility for money made or lost as a result of our trading software or advice on forex related products on this website. DARA TRADE Staff shall assume no responsibility for your investment choices or determinations. You shall not hold DARA TRADE or any of its employees or the Staff liable for investment decisions and trading strategies. DARA TRADE Staff cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or trading strategy. 

4. General Product Advice

You also recognise that DARA TRADE does not give legal, investment or financial advice. The DARA TRADE and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of The DARA TRADE products. DARA TRADE is not a financial adviser, and does not issue advice, recommendations, or opinion in relation to acquiring, holding or disposing of a margined transaction. Any advice given by DARA TRADE and the staff is general product advice only. Please consult your licensed financial consultant to decide if algorithmic trading in Foreign Exchange is suitable for your personal financial situation.

5. Trading Software

DARA TRADE does NOT trade for you, we only provide automated trading software (trading robots) and you as an independent and self-directed investor are fully responsible for the trading choices you make. YOU ALONE ARE FULLY RESPONSIBLE HOW YOU USE AND MANAGE YOUR TRADING ROBOTS, WHAT RISK AND ROBOT SETTINGS YOU USE AND WHAT TRADES ROBOTS TAKE ON YOUR TRADING ACCOUNT. You make the decision to place the trading robots on your own trading account and activate/de-activate the robots for trading on your account.

DARA TRADE and our staff have NO access to your trading robots or your trading platform. YOU MUST MONITOR YOUR TRADING ROBOTS AND TRADING PLATFORM AT ALL TIMES. DARA TRADE and our staff have neither duty nor obligation to monitor your trading robots or your trading platform. 

6. Your legal Age

You represent that you are of legal age to enter into a binding contract with us; you must be at least 18 years old.
No one under the age of 18 may use this site; if you are under the age of 18, you are not permitted to access this website for any reason.

7. RISK WARNING

Forex trading involves a high level of risk, and may not be suitable for all investors. You should carefully consider your objectives, financial situation, needs and level of experience and seek independent advice if necessary. Forex and CFDs are highly leveraged products which mean both gains and losses are magnified. You should only trade in these products if you fully understand the risks involved and can afford losses without adversely affecting your lifestyle Trading involves high risks and you can lose all of your deposit and more. Seek independent advice to decide if algorithmic trading in Foreign Exchange is suitable for your personal financial situation.. Read the full Risk Disclosure

8. Past performance and future results

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on the website, in any video or webinars, in the course notes, on any email or within any other trading material provided. Back-tested performance is hypothetical (it does not reflect trading in live market) One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to markets in general, such as slippage, liquidity, unexpected trading costs and others for this reason any specific trading program cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

9. Copyright and digital intellectual property rights

The DARA TRADE products are for your PERSONAL USE only. You shall not distribute, copy, copy trade, sell signals, clone, decompile, reproduce, reverse-engineer, exchange, modify, sell, gift or transmit any DARA TRADE products including the trading strategies, trading methods and techniques taught to you. All DARA TRADE products and materials, including but not limited to audio, images, software, text, and video clips, are protected by copyright and digital intellectual property rights under international conventions, and other copyright laws. You agree to follow the instructions limiting the use of the materials only for your PERSONAL USE.

In cases of fraud or theft by you of our Intellectual Property ( trading materials, trading strategies and trading methods) or software ( trading robots) , acting alone or in concert with others, including situations in which you have allowed third parties to use your membership access or copied your trades of the DARA TRADE automated trading systems, DARA TRADE shall assess against you, in addition to all other fees, damages, legal fees and penalties to which DARA TRADE may be entitled, a $10,000 fee per forged, faked, fictitious, stolen or otherwise unauthorised item or transfer. This fee shall constitute liquidated damages to compensate DARA TRADE for the time and effort of DARA TRADE employees in rectifying said conduct.

10. FREE TRIALS

IF YOU RECEIVED A FREE TRIAL YOUR MEMBERSHIP PAYMENT WILL BE PROCESSED AUTOMATICALLY AFTER THE FREE TRIAL EXPIRES UNLESS YOU CANCEL THE FREE TRIAL.

You can cancel your Free Trial at any time by contacting us at admin@dara.trade or by canceling the membership in the members area.

11. Charges

YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND WE WILL AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION. WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIAL SUBSCRIPTION.  (SEE DETAILS ON CANCELLATION BELOW). 

You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your purchase. DARA TRADE further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the The DARA TRADE Web site and sending modified schedule of Pricing to existing members. The DARA TRADE further reserves the right to reject a purchase for any reason.

You agree to reimburse DARA TRADE for any collection costs relating to any unsecured debit balance in your purchase, including taxes, attorney's fees, court costs, arbitration expenses, and interest.

If your membership payment has not been received on the due date, your membership will be terminated and your trading robots will stop working within 7 days.

You agree that your use of the DARA TRADE trading robots will be licensed to a single (1) live trading account and one (1) demo account. Addition live account licenses can be purchased for reduced fee.

12. Cancellation of membership.

You may cancel your membership at any time by contacting us at admin@dara.trade  or in members area. However, you must cancel at least 3 working days before your next automatic renewal date to avoid been charged. No refunds are are given for any unused memberships.

To stop robot trading disable Auto-trading and remove robots from your trading platform, close any open trades manually.

DARA TRADE may terminate/alter any or all services, upon notice to you, rendered under this Agreement at any time and for any reason.

13. REFUNDS

We offer 14-Day, no questions asked, full money back guarantee. Use this time to determine the suitability of our products to your needs.

NO REFUNDS WILL BE ISSUED AFTER 14-DAYS FROM THE DATE OF YOUR PURCHASE.

ALL SALES ARE FINAL AFTER 14-DAYS FROM THE DATE OF YOUR PURCHASE. 

14. Delivery information

ALL DARA TRADE products are a digital thus no physical product is delivered. You will receive all the products you purchased from web application accessible from https://app.dara.trade

15. Limitation of Liability

The restrictions on liability apply to every liability arising under or in connection with this agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

DARA TRADE total liability to the Customer shall not exceed USD 1,000.00, excluded loss which are as follows:

(i)  loss of profits;

(ii)  loss of agreements or contracts;

(iii)  loss of anticipated savings;

(iv)  loss of use or corruption of software, data or information;

(v)  loss of or damage to goodwill; and

(vi)  indirect or consequential loss.

 Nothing in this agreement limits any liability which cannot legally be limited, including liability for:

(a)  death or personal injury caused by negligence; 

(b)  fraud or fraudulent misrepresentation; and

(c)  breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

16. Web application access.

You can access our application from any devices web browser at https://app.dara.trade If you are having trouble to access our web application clear the Cache in your browser. During peak traffic times (when a new signal is created) our application can be slower than normal.  You agree that DARA TRADE will NOT be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) in event if our web application is not accessible due to high traffic, or any other server related issue or malfunction.

17. Foreign law

The DARA TRADE makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web site's content or its compliance with such local laws. You understand that the The DARA TRADE website is the only means of accessing the DARA TRADE products. You agree that DARA TRADE shall not be liable for any losses or damages you incur as a result of the unavailability of The DARA TRADE Web site and our web app from foreign countries.

18. Local law

By signing up and using DARA TRADE products and services, you confirm that you are permitted to trade in Foreign Exchange (FOREX) market using DARA TRADE algorithmic trading robots by your local jurisdiction and local regulator. The information on this site is not directed at residents of countries where DARA TRADE products and services would be contrary to local law or regulation.

19. Software errors

Every effort has been made to make our software error and bug free. However, software errors and bugs are still possible. You must report any software errors and bugs to admin@dara.trade immediately so we can rectify them. Furthermore, You agree that DARA TRADE will NOT be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) in event of any of our software error or malfunction.

20. Software updates

DARA TRADE will regularly update the trading software. You must update the product version promptly as soon as made available to you and stop using old versions immediately. Any out-dated robot versions should NOT be used.

21. Communication

By purchasing The DARA TRADE products and agreeing to these TERMS OF SERVICE, you agree to receive all communications from The DARA TRADE via the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of transactions, Purchase statements, financial statements, notices of modifications to The DARA TRADE's TERMS OF SERVICE, and other basic communications. Communications sent to your e-mail address or provided through the web site must be retrieved and read promptly. All communications sent by The DARA TRADE by any means will be deemed to have been received by you. Add admin@dara.trade to your address book to ensure email delivery to your inbox and not Junk folder.  You agree to advise us promptly of any changes to your e-mail and/or mailing address. You agree to advise DARA TRADE promptly of any errors or omissions in any transaction or in the handling of your membership Purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.

22. Security
You are responsible for protecting the confidentiality of any subscription identification, numbers, codes, user name, log in data, passwords  or codes that we give you in connection with your use of our website and products.
You agreed to notify us immediately of any unauthorized use of subscription identification numbers codes and passwords or any other breach of security by emailing us at admin@dara.trade We will not be responsible or liable for any losses you incur from the unauthorized use of your membership, identification number, codes, user name, log in data, passwords or codes

23. Privacy Policy and Cookie Policy

Please read the full Privacy Policy and Cookie Policy

24. TESTIMONIALS

The testimonials presented on any of our Company’s websites/webinars/videos are applicable to the individuals depicted only and may not be representative of the experience of others. The testimonials are not paid and are not indicative of future performance or success of any other individuals. Our Company cannot and does NOT guarantee that you will achieve the same results as other members.

25. PRIVATE TRAINING SESSION

Private training session is 1-on-1 Skype session to show and explain how our automated trading systems work. Any advice given during training session is general product advice only and should not be considered investment or financial advice. Any private training sessions must be used within 90 days of purchase. No refunds are given for unused training sessions. 

26. Forex Brokers

DARA TRADE is NOT a broker, investment advisor nor a financial advisor. We don't hold, manage or have any access to your trading funds.

To use DARA TRADE trading software and have access to the Forex market you will need to open a Demo or Live trading account with a Forex broker. Forex broker will hold your funds (if using Live account) and give you access to the Forex market.

If you open a live trading account with our recommended brokers using our referral links we will be compensated by the broker with commission rebates from your trades. This does NOT affect your trading spreads. There is no markup when you open a trading account with our recommended brokers using our referral links. You may remove the referral link to DARA TRADE any time by contacting your broker. This will have no effect on your membership or trading robots.  

Different brokers can have different prices, spreads, time zone settings or high latency. This can lead to false signals. For this reason we strongly recommend you open trading account with brokers we have tested our systems. However, even the same broker can have multiple servers and different price feed, furthermore since we trade in real open market there is never a guarantee that someone will be there to take other side of your trade. This can lead to differences in between trading accounts.

If you choose to trade with different broker than what we recommend , expect to have significantly different trade results. Furthermore, make sure to do plenty of demo testing on brokers other than the ones we recommend as automated trading systems can perform a lot differently on other broker trading platforms.

DARA TRADE shall NOT be responsible for any coding errors, trading errors, slippage, spread widening, misquoting, wrong lot sizes, hedging restrictions, FIFO rule restrictions or Automated trading restrictions, or Account type change done by your broker.

Our trading systems are NOT compatible with brokers who offer Bonuses to your deposits. These bonuses are not added to your balance but rather to your equity this will mean your lot sizes will be calculated incorrectly.

If you change your account type with your broker (such as from Pro to Standard account type) always ensure that you disable trading robots ( disable auto-trading) and CLOSE any open positions before requesting the account type change. 

27. Force Majeure

 Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:

(a)  acts of God, flood, drought, earthquake or other natural disaster;

(b)  epidemic or pandemic;

(c)  terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

(d)  nuclear, chemical or biological contamination or sonic boom;

(e)  any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;

(f)  collapse of buildings, fire, explosion or accident; [and]

(g)  any labour or trade dispute, strikes, industrial action or lockouts;

(h)  non-performance by suppliers or subcontractors; and

(i)  interruption or failure of utility service.

If DARA TRADE is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event, DARA TRADE shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

28. Updates to Term of Service

We’ll update Terms of Service from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we’ll update the “Effective Date” at the top of the Terms of Service and post it on our site. If we make material changes to it we’ll notify you (by, for example, prominently posting a notice of the changes on site before they take effect or directly sending you a notification). Your continued use of the DARA TRADE products means that you accept any new or modified DARA TRADE Terms. We encourage you to check back periodically to review this Terms of Service for any changes since your last visit.

29. How to contact us

If you have questions, comments or if you would like to exercise your rights and choices, please email us at admin@dara.trade

 

I, as a DARA TRADE Purchaser, have read and understand these Terms of Service. Furthermore, my continued use of The DARA TRADE products shall constitute my consent to these Terms of Service