SER AGREEMENT / PUBLIC CONTRACT (OFFER) AFS.TRADING

  • INTRODUCTION

  • PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS OFFER.

  • This document (hereinafter referred to as the "Offer") is a formal public offer of ANTI FRAFILE SYSTEM PT (AFS.TRADING) (its authorized representatives specified below) to enter into a contract on the standard terms and conditions specified below. The contract is concluded between you (site user) and us - AFS.TRADING Company. The Offer defines the terms and conditions of use of the website, as well as information products, which are the objects of AFS.TRADING intellectual property (hereinafter referred to as "CONTENT") offered on the website https://AFS.TRADING (except for services rendered under a separate public agreement). In the Internet within the framework of this User Agreement, AFS.TRADING means ANTI FRAGILE SYSTEM PT.

  • The details of the authorized representative of AFS.TRADING (party to the agreement) will always be indicated in the issued invoice (or invoice of the payment system), as well as in the bank statement of your account. Unless you have entered into another written contract or agreement, your contract with AFS.TRADING will always include at least the terms and conditions set forth herein (hereinafter referred to as "GENERAL TERMS"). Please read the offer carefully. In addition to the GENERAL TERMS set forth in this offer, your contract with AFS.TRADING will also include the following terms and conditions

  • 1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT (ACCEPTANCE OF THE OFFER)

  • 1.1 By using the website https://AFS.TRADING (hereinafter referred to as the "SITE"), as well as the CONTENT placed on the SITE, and paying the LICENSE fee for the use of paid CONTENT offered by AFS.TRADING, you accept the offer and enter into this binding agreement with us. The acceptance of the offer shall be equivalent to the conclusion of a contract in simple written form. (A) of the Agreement is concluded by the accession of a natural person to the current Agreement on the terms of full and unconditional acceptance by successive fulfillment of the following actions on the SITE:

    • Selection by the user on the SITE page of a certain information product that is an object of AFS.TRADING intellectual property (CONTENT);

      Submission of a request to purchase access to the selected CONTENT by entering the user's personal data into the active request form: name, e-mail, phone number;

      Activation by pressing the "ORDER" button in the pop-up window with the image and description of the CONTENT selected by the user, or activation of the "Take part" or "Buy" button (or other similar field);

      Or activation by clicking the "ORDER CONFIRMED " button or by clicking on the button, checking the active box of the check-box or similar action on the CONTENT ordering page on the SITE;

      Registration on the SITE by entering your personal data into the request form, subscription to the mailing list of free CONTENT, service notifications, marketing materials of AFS.TRADING

  • MUST read this User Agreement posted on the Internet at https://afs.trading/offer and check the active checkbox next to the warning "I have read and accept the terms of the User Agreement and Privacy Policy".

  • (B)Actual use of the CONTENT of the site. In this case, you agree that we will consider the fact of using the CONTENT as acceptance of the CONDITIONS of this agreement (acceptance of the offer). By using the SITE or the CONTENT offered on the SITE, you accept all of the above TERMS and consent to the processing of your personal data in accordance with our Privacy Policy published on our SITE

  • If you agree to these GENERAL or PRIVATE CONDITIONS of the Contract published on the SITE page of the CONTENT of your choice, the Contract shall be deemed concluded as the Parties have reached an agreement on all material terms and conditions of the Contract in the form required by law. Essential are the conditions of the subject of the contract, the conditions named in the law or other legal acts as essential or necessary for contracts of this type, as well as all conditions specified in this contract, regarding which an agreement must be reached.

  • 1.2 CAUTION: If you do not agree with these GENERAL or PRIVATE CONDITIONS of the contract published on the page of a particular CONTENT, or with our Privacy Policy, immediately leave this Site and stop using its CONTENT

  • 2. WARRANTIES

  • 2.1 By accepting this agreement, you warrant that:

    • you are an adult; there are no restrictions on entering into this agreement;

      have read this agreement, understand its contents and accept it in full;

      have read the description of the CONTENT, understand its orientation and subject matter, are intentional in consuming this particular CONTENT, do not expect to change the content of the CONTENT according to your personal requirements;

      you agree that the CONTENT and services of the SITE are provided for consumption as is, without any guarantees;

      you agree that the information contained in the CONTENT is of a recommendatory nature; you are ready to make every effort to independently assimilate the CONTENT in order to achieve your desired level of knowledge in trading of a certain level of complexity within the stated description of the CONTENT you have chosen for consumption/study.

  • AFS.TRADING is not responsible for any commercial results, direct or indirect damage, lost profits of the LICENSEE as a result of using the CONTENT and services of the SITE. Your will to enter into the agreement is free and your understanding of its content is complete. The personal data provided when registering on the SITE, when applying for the right to use the CONTENT under a paid license, are true and complete.

  • By accepting this agreement, you agree that we may send you written notices, promotional mailings, newsletters and other materials via messenger or to the phone number and email you provided when you registered. You agree that you will not engage in any activity that disrupts the operation of the SITE or its associated servers and networks. You accept full responsibility for any breach of your obligations under the Terms and Conditions and for all consequences of such breaches.

  • 3. SUBJECT OF AGREEMENT

  • 3.1 According to this User Agreement AFS.TRADING ("LICENSEE"), represented by the authorized representatives specified in Section 1 of the Agreement, grants an unlimited number of adult persons (SITE Users, "LICENSEE") a limited, non-exclusive, revocable license to use information products that are the objects of AFS.TRADING intellectual property. CO, namely - author's educational programs, lectures, seminars; graphic, textual educational materials, educational audio and video works, other intellectual property objects in any tangible form, provided for use to LICENSIARs through the services of AFS.TRADING website (CONTENT) on special terms and conditions according to the LICENSEE's chosen tariff/type of license for the use of CONTENT posted on AFS.TRADING SITE.

  • 3.2 PLEASE NOTE. The CONTENT presented on the SITE has no general educational or professional purpose, but is the result of creative research of the author of the CONTENT, formed on the basis of personal professional experience and subjective views of the author of the CONTENT

  • 3.3. The purchase of a LICENSE for the use of paid CONTENT on the SITE, use of services and CONTENT with free access, participation of the SITE user in field events, seminars organized by AFS.TRADING does not imply your final certification and issuance of educational documents (diplomas, certificates, certificates of advanced training, acquisition of professional skills, evaluation letters, etc.), your further employment or assistance in employment.

  • 3.4. Your use of the CONTENT is not a guarantee of profit or any commercial result, the content of the CONTENT is advisory in nature. The responsibility for your decisions lies solely with you.

  • 3.5. The subject of this Agreement is NOT to provide AFS.TRADING with any educational services for general or professional purposes.

  • 3.6. AFS.TRADING may from time to time place additional promotional offers on the SITE regarding participation in exclusive author's seminars, business events, master classes, and other thematic events conducted by AFS.TRADING in a face-to-face format (hereinafter referred to as "SERVICES"), which are beyond the scope of the subject of this Agreement. AFS.TRADING renders such SERVICES in accordance with the TERMS OF SERVICE available for review at SITE https://AFS.TRADING

  • . TYPES OF LICENSE

  • By accepting this Agreement, you may use one of the following types of LICENSE for the use of the CONTENT of the SITE, depending on the tariff you choose:

  • 4.1 OPEN LICENSE for free use of the CONTENT (in the absence of terms for paid use of certain CONTENT) provided on the SITE https://afs.trading/news

  • 4.2 LIMITED LICENSE is for a trial period of 7 (seven) days with limited functionality for the use of paid CONTENT;

  • 4.3 EACH MONTHLY LICENSE for paid use of the CONTENT with automatic subscription every 30 days.

  • 4.4 A YEARLY LICENSE for the use of paid CONTENT with automatic subscription every 365 days.

  • AFSYSTEM.CO PAY LICENSE APPLICATION is subject to the PAY CONTENT SUBSCRIPTION TERMS.

  • Subscriptions under your chosen subscription plan (monthly or annual) will automatically renew for the same minimum subscription term until you or we cancel the renewal. For the avoidance of doubt, please note that the subscription term is based on calendar days, whether or not you have consumed the CONTENT pursuant to a purchased LICENSE.

  • The term of access to the CONTENT is equal to the term of validity of the paid LICENSE. Upon expiration of the specified term, access to the CONTENT will terminate at the end of the specified LICENSE period. You understand and agree that we may unilaterally postpone the date and time of access to the CONTENT and that this is not a breach of contract on our part.

  • Some types of LICENSES provide for a limited period of time for the user to access certain CONTENT. In this case, you are guaranteed access to the CONTENT for the period of time specified on the product page. Although we will not intentionally restrict access to the specified CONTENT, we do not guarantee that the CONTENT will still be available to you after the expiration of this period (which is not a breach of the AGREEMENT on our part).

  • 4.5 SPECIAL LICENSE for the use of special thematic CONTENT provided as accompanying information material (presentations, lecture notes, reference materials, training materials, etc), purchased for the use of CONTENT of this type when you apply for participation in exclusive author's seminars, business events, master classes, other thematic events held by AFS.TRADING in a face-to-face format. The Special LICENSE has an unlimited period of use of the CONTENT from the moment of payment of its cost.

  • 4.6 A Promotional LICENSE for using the CONTENT at a promotional price specified in the PRIVATE CONDITIONS of a certain AFS.TRADING offer in the corresponding tab on the SITE, valid for the period of CONTENT use specified in the offer.

  • 5. LICENSE CONTENT

  • 5.1 The LICENSEE (User) is entitled to:

    • Use the CONTENT exclusively for personal purposes according to the tariff selected on the SITE by reading the content of the CONTENT during the term agreed upon in the respective LICENSE.

      Quote the textual CONTENT posted on the SITE under an OPEN LICENSE with the obligatory indication of an active link to this SITE with the indication of authorship.

  • 5.2 The LICENSEE (User) is prohibited to:

    • Copy, reproduce, distribute, publish the CONTENT in video format, as well as any CONTENT provided for use on the basis of a paid LICENSE;

      Make a video recording of the CONTENT, use "video capture" software, pass off the CONTENT as the work of a person;

      Use the CONTENT for commercial purposes;- transfer personal credentials of access to the SITE to third parties (free of charge or for remuneration);

      Transfer access to the CONTENT to third parties (free of charge or for remuneration);

      Disseminate false, unreliable information about AFSYSTEM.CO that defames its business reputation.

  • 6.TARIFFS.

  • 6.1The tariffs for the use of paid CONTENT (the cost of LICENSE) are published in the email notifications sent to you and on the following pages of the SITE:

    • in the section (tab) "Pro Trading" available at SERVICES;

      in the "Programs" section (tab), available at SPECIAL OFFERS;

      in the private terms and conditions of promotional offers posted on the SITE.

  • The final cost of the LICENSE in the currency of payment is fixed in the invoice issued to you, displayed on the order payment page, as well as in the bank statement on your card. The cost of LICENSE for the use of paid CONTENT of the SITE does not include additional commissions of banks and payment systems.

  • 6.2 The cost of the SPECIAL LICENSE specified in clause 5.5 of the agreement is deducted from the SERVICE cost stated on the SITE in the amount of 25%, specified in the appropriate currency of payment and fixed in the invoice issued to you, displayed on the order payment page, as well as in the bank statement on your card, without taking into account additional fees of banks and payment systems.

  • The cost of the SERVICE is paid separately from the SPECIAL LICENSE in accordance with the TERMS OF SERVICE.

  • 6.3 The price of the SPECIAL LICENSE is specified in the PRIVATE CONDITIONS of a particular AFS.TRADING offer in the corresponding tab on the SITE.

  • 7. CONDITIONS OF PAYMENT

  • 7.1 Write-off of funds.

  • In case you purchase a LICENSE on the site, at the moment of order placement (successful entry of payment details into the frame of the payment system) a one-time write-off of the cost of the LICENSE you have selected is made. The cost of the LICENSE is indicated without taking into account the commissions of payment systems. If you pay for the LICENSE by card, the amount of the debit is determined based on the exchange rate of VISA or MasterCard international payment systems. In addition to the cost of the LICENSE, the amount of the debit includes additional commissions of banks and payment systems.

  • 7.2 Failure to fulfill payment obligations. We reserve the right to make claims for breach of payment terms for LICENSEE. In case of failure to debit your payment card, we have the right to deny access to the paid CONTENT or suspend it until payment is made.

  • 7.3 Subscriptions to our services are offered with different minimum terms of validity (minimum subscription term) and automatically renew the minimum subscription term until you or we cancel the renewal. Please note that the validity period of the subscription is determined by the selected subscription plan and the terms and conditions of the subscription.

  • 8. PAYMENT METHOD

  • 8.1. You can find out about the available methods of payment of the LICENSE fee for the use of paid CONTENT by contacting the support service at the phone numbers indicated on the website. In case you pay for the LICENSE by money transfer (through a terminal or cashier's office of a financial institution), you must inform us about the payment made and send an image of the documents confirming the payment of the LICENSE you have chosen to the e-mail address indicated on the website.

  • 8.2 You understand that by paying the LICENSE fee by transfer, you agree to be bound by this Agreement. In the event that we pay additional fees or incur other charges as a result of a payment rejection due to your fault (e.g. insufficient funds on the card; the allowable credit limit on the card has already been exhausted), we reserve the right to additionally charge your card/account for the amount of expenses actually incurred by us.

  • 8.3 We reserve the right, at any time and at our sole discretion, to change the method of payment for the purchased product and/or to refuse the previously offered method of payment by offering alternative methods of payment.

  • 9. TERMS OF RETURN OF LICENSE FEES

  • 9.1 The license fees paid for the use of the CONTENT, regardless of whether you used the CONTENT or not (except for the case of inability to use the CONTENT due to the fault of AFS.TRADING are not refundable, except for the cases stipulated by this license agreement.

    • Within 24 hours of making a payment, you have the right to revoke the license payment you have made if:

      LICENSE payment was made inadvertently; The subscription was made by a minor without the authorization of his/her legal representatives;

      Subscription was made accidentally;

      Subscription renewal was accidental;

      You were not given access to the CONTENT according to the tariff you paid;

      To apply for a refund of the license fee for the above reasons, please send a written request to email SUPPORT@AFS.TRADING.

  • IMPORTANT: In case of activation of access to the CONTENT through the services of the AFS.TRADING website of actual use/consumption of the CONTENT, a request for refund of the license fee with reference to its accidental nature shall not be taken into account and shall be considered groundless, and such actions of the user of the AFS.TRADING website shall be considered an abuse of his/her consumer rights

  • PARTIAL REFUND: In case of partial consumption of the CONTENT during the term of validity of the LICENSE purchased by you and the impossibility to continue further consumption of the CONTENT due to the fault of AFS.TRADING, you are entitled to a refund of the license payment made by you, less the cost of the actually used volume of the CONTENT for a certain period of use in a proportional ratio.

  • 10.INTELLECTUAL PROPERTY

  • 10.1 Depending on the LICENSE you have purchased, you have access to the CONTENT, the copyright and related rights to which are protected or in any case belong to us, regardless of the fact of registration and territory of their validity. By using the Services, you are authorized to view the CONTENT and use it for your personal use, subject to the terms of this agreement, unless otherwise provided in the PARTIAL TERMS.

  • 10.2 Trademarks. The mark for goods and services and the trade name "AFS.TRADING" are registered and owned by us. You may not use these marks for goods and services without our written consent. All brand names and trademarks mentioned on the site, including brand names and trademarks owned by third parties, are subject to applicable laws. Their mention on the website or in the materials of AFS.TRADING does not mean that they are not protected by the rights of third parties. Copyrighted materials. All materials placed on our SITE (CONTENT) are subject to copyright, the exclusive rights to use which belong to AFS.TRADING (authorized representatives) regardless of the fact of registration and territory of their validity.

  • By purchasing the corresponding LICENSE to use the CONTENT of AFS.TRADING you get the right to use the CONTENT for personal non-commercial purposes. The cost of commercial use of copyrighted materials is estimated in the amount equivalent to 50 000 (fifty thousand) USD for one calendar month of use

  • 10.3 Copying, revision, modification, full or partial use, public reproduction and distribution of the CONTENT posted on the SITE, or provided to you in the course of training, as well as the use of the CONTENT for commercial purposes, without the written permission of the copyright holder, is strictly prohibited and will be prosecuted by law

  • 10.4 Please note. Buying access to the CONTENT "in exchange" or transferring your credentials for access to the CONTENT to third parties is prohibited - this is "piracy". Any infringement of intellectual property rights shall be prosecuted in accordance with the laws of the country of residence of the infringer and international laws, and shall entail civil, administrative and criminal liability

  • 10.5 In the event that we discover any illegal use of our intellectual property (use of our brand; copying or processing of materials, content, or their distribution; purchase of access to content "in bargain" and transfer of credentials for access to content to third parties, etc.), we have the right to terminate access to the CONTENT and block the violator's account, without reimbursement of the cost of the purchased LICENSE.

  • 10.6 We have the right, at our option, to demand from the infringer full reimbursement of the damages caused by such infringement or the payment by the infringer of compensation in the amount of double the fee for the lawful use of intellectual property objects, for each case of unauthorized use. If the infringer refuses to voluntarily pay compensation, we will be forced to contact law enforcement authorities, initiate criminal prosecution of the infringer and collect the monetary compensation by force.

  • 11. RESPONSIBILITY

  • 11.1 General provisions. In case of breach of obligations by the parties, provision of false information at the conclusion or during the execution of the transaction, the parties shall be liable in accordance with the established procedure. We shall be liable for: violation of the Terms and Conditions and the procedure for providing access to paid CONTENT on the basis of the LICENSE purchased by you.

  • 12. RESPONSIBILITY

  • 11.2.You are responsible for reliability and correctness of registration and payment data provided by you in the process of registration on the site or placing an order; use by third parties of credentials used to access paid CONTENT use of materials posted on the SITE for the purpose of their subsequent resale, distribution or transfer to third parties; distribution of false information about our company, which defames our business reputation (defamation); violation of the terms of this agreement; violation of payment terms; interference in the operation of the SITE and available services or an attempt to access them bypassing our instructions.

  • 11.3 Limitation of Liability. Our aggregate liability for any claim or suit is limited to the amount of the LICENSE you purchased for the CONTENT. We will not be liable for: failure to provide access to the CONTENT for reasons beyond our control, including force majeure, disruption of communication lines, malfunction of equipment and software not owned by us; complete or partial interruption of CONTENT broadcasting due to replacement of equipment, software or other work caused by the need to maintain the performance and development of technical means (subject to prior notice to the user); breach of security of the equipment and software used by you to access the CONTENT; loss of confidentiality; loss of access to the CONTENT; loss of access to the CONTENT; loss of access to the CONTENT. If we fail to comply with the terms of providing access to the CONTENT under the LICENSE you have purchased, our liability shall be limited solely to: extending the terms of providing access to the CONTENT until our obligations are fully performed.

  • 11.4 Liability of our employees and agents. Where our liability is limited or excluded, the same limitation or exclusion of liability applies to our employees or agents.

  • 12. LIABILITY FOR MATERIALS YOU POST AND CONTENT

  • 12.1. Limitation of Liability for Posting Content. You are responsible for the content and materials you post on our SITE, in our communities, groups, or chat rooms, while consuming AFS.TRADING CONTENT. We are not responsible for the content you post and do not monitor it.

  • 12.2 Legal Compliance: When posting your own content, you must comply with the laws of your country of residence. In any case, you may not post content of a political, pornographic, sexual, violent, sadistic, discriminatory, threatening or defamatory nature. In addition, your content must not violate the rights of third parties or contain advertising. This applies to the property and non-property rights of third parties, including intellectual property rights (e.g. copyright, trademark and trade name rights). In particular, you are also obliged not to violate the rights of third parties when posting comments/reviews, profile photos or any pictures that you post.

  • 12.3 Unauthorized Advertising. The content and materials you post while using the AFS.TRADING SITE must not contain advertising. We have the right to remove or move any content posted by you at any time if we believe that it violates the rights of third parties or legal requirements. If you violate these content posting guidelines, we have the right to send you a written warning, temporarily block your account and suspend your access to the CONTENT, or terminate the agreement unilaterally.

  • 12.4 Indemnification. If you breach the terms of this Agreement, you shall indemnify us for all losses incurred in connection with the satisfaction of claims of third parties (whose rights you have violated). We reserve the right to pursue claims for losses and other claims against you by way of recourse.

  • 13. VALIDITY OF THE AGREEMENT

  • 13.1 The Agreement shall be deemed to be entered into for an indefinite period of time and shall remain in effect until terminated by you or us and shall remain in effect until modified or revoked by AFS.TRADING or until the obligations are fully performed.

  • 13.2 Termination (revocation) of the agreement will have no effect on any legal rights, obligations and liabilities which were in force for Bac and AFS.TRADING and which arose prior to the termination of the agreement

  • 14. TERMINATION OF USE OF THE SITE

  • 14.1 You have the right to terminate your use of the SITE and CONTENT at any time, without specifying any reason. Please note that once you have stopped using the SITE (terminated the agreement), you will lose access to the paid CONTENT without reimbursement of the LICENSE you purchased for its use.

  • 14.2 Involuntary Termination. We may terminate your agreement at any time if:

  • (A) you breach any provision of the agreement (or act in a manner that clearly indicates your unwillingness or inability to comply with the Terms), or

  • (B) we are compelled to do so by law (for example, if it is unlawful or no longer lawful for us to provide you with access to the CONTENT), or

  • (С) AFS.TRADING ceases to grant LICENSES to use the CONTENT in the country in which you reside or use the CONTENT, or

  • (D) you refuse to comply with or violate the AFS.TRADING Chat Rules

  • (E) you have filed a Chargeback request with the issuing bank from which you paid for the LICENSE, we will be forced to block your access to the SITE and CONTENT completely

  • 14.3 If you attempt to interfere with the operation of the SITE, servers and other automated systems of AFS.TRADING or grossly violate the Terms, or if we suspect you of doing so, we may suspend or completely block your access to the SITE and CONTENT.

  • 14.4 Unilateral withdrawal for good cause. Each party has the right to unilaterally withdraw from the agreement for good cause. In particular, we have the right to cancel your account and terminate the agreement immediately if you repeatedly breach the Terms and Conditions, and i n the event that you become in arrears i n payment of the LICENSE.

  • 14.5 We reserve the right to terminate the agreement with you without cause, provided that we give you written notice at least two (2) weeks prior to the proposed termination date, subject to a pro-rata refund of the unused line of CONTENT under the LICENSE you purchased, except in the case of involuntary termination as set out in clause 15.2 of the agreement.

  • 15. PERSONAL INFORMATION

  • We process your personal information in accordance with our Privacy Policy. You can always find the current version of the Privacy Policy on the website. These terms and conditions govern the collection, processing, use and protection of your personal information. By using the SITE, filling out registration forms on the SITE, you agree to our Privacy Policy and consent to the collection and processing of your personal data on the specified conditions. If you do not agree with them, please stop using the SITE.

  • 16. CHANGES B TERMS OF THE AGREEMENT

  • We reserve the right to change or amend the text of this offer by posting a notice and a new version of the Offer on this page. You are strongly advised to check this page regularly and the date of the latest changes indicated at the top of the page. If the PRIVATE CONDITIONS of the contract are changed, we will post the new version of the PRIVATE CONDITIONS directly on the product description page. If you do not object to the validity of the new terms of the agreement and continue to use the SITE, the new version of this agreement shall be deemed accepted by you. You understand and agree that your use of the SITE and CONTENT following a change in the terms of the agreement or the PRIVATE TERMS shall be deemed by us to constitute your acceptance of these revised terms of this agreement. In the event that you object to the revised agreement, we expressly reserve the right to unilaterally withdraw from the agreement in the prescribed manner.

  • 17. GENERAL LEGAL TERMS AND CONDITIONS

  • 17.1. Validity of provisions. In the event of any inconsistency between the PARTIAL CONDITIONS and the provisions of this agreement, the provisions of the PARTIAL CONDITIONS shall prevail. If any judicial body authorized to hear the matter declares one of the provisions of the agreement to be invalid, the relevant provision shall be deleted from the agreement, with the remaining provisions remaining in force. The remaining provisions of the agreement will still be valid and may be enforced by a court of law.

  • 17.2 Applicable Law The relations between the parties shall be governed by the provisions of the laws of the country of registration of the supplier (LICENSEE) of the respective LICENSE of the payee.

  • 17.3 In case of an unresolved dispute, the dispute shall be referred to the competent court of the country of registration of the service provider in accordance with the substantive and procedural laws of the country of registration of the provider (LICENSEE) of the respective LICENSE of the payee.

  • 18. INFORMATION ABOUT THE LICENSOR:

    ANTI FRAGILE SYSTEM PT

    Jalan Bikin, 1, Denpasar, Bali, Indonesia, 80117 support@afs.trading