Terms of Service.
UPDATED: 27.02.2020
1. Some key terms
Thanks for visiting DARA TRADE! DARA TRADE ( “we”, “us” or “our”) IS A TECHNOLOGY PROVIDER. WE DO NOT PROVIDE FINANCIAL ADVICE, INVESTMENT ADVICE, PORTFOLIO MANAGEMENT, COPY TRADING, TRADE AND STRATEGY RECOMMENDATIONS, OR BROKERAGE SERVICES.
DARA TRADE is operated by Rosebud Horizons Limited, a company registered in the Republic of Ireland (reg. Nr. 595112) with a registered address in 71 Baggot street Lower, Dublin, D02 P593, 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 acknowledgment 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 is only technology provider allowing you to create, test and execute your trading strategies with your chosen broker. 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 our trading software on your own trading account. Trades can be 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, our trading software on your trading platform. Other than giving you access/removing access and updating the trading software DARA TRADE and our staff have NO access to 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.
4. General Product Advice
DARA TRADE IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. DARA TRADE IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF TRADE INFORMATION VIA THE INTERNET. USERS OF THE SERVICE MAY USE THE TRADE INFORMATION TO FORMULATE THEIR OWN INVESTMENT DECISIONS WHICH COULD BE TO COPY THE TRADES OF OTHERS. ALL INFORMATION ON THE DARA TRADE IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. THE COMPANY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.
5. Trading Software
DARA TRADE does NOT trade for you, we only provide trading software (trading application, Expert Advisors, and similar) 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 OUR TRADING SOFTWARE, WHAT RISK AND SETTINGS YOU USE AND WHAT TRADES YOU TAKE ON YOUR TRADING ACCOUNT. You make the decision to place the trading software on your own trading account and activate/de-activate the software for trading on your account.
DARA TRADE and our staff have NO access to your trading accounts and your trading platform. YOU MUST MONITOR OUR TRADING SOFTWARE AT ALL TIMES. DARA TRADE and our staff have neither duty nor obligation to monitor your trading accounts and 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
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. Future results
The products and services sold on this website are not to be interpreted as a promise or guarantee of earnings. Your level of success in attaining the results from using our products and information depends on the time you devote to the program, ideas and techniques used, your finances, knowledge and various skills. Since these factors differ among each individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions. Any and all forward-looking statements on this website or in any of our products are intended to express our opinion of the earnings potential that some people may achieve. But many factors will be important in determining your actual results, and we make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on our website or in our products.
YOU FULLY AGREE AND UNDERSTAND THAT DARA TRADE IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
10. 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 shared 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.
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.
12. Cancellation of membership.
You may cancel your membership at any time in the app profile. 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 our software 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.
15. Web application access.
You can access our application from any devices web browser at (recommended browser is Chrome). 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.
16. Autotrading feature (AUTOPILOT)
Autotrading feature (AUTOPILOT) is an add on option for DARA application that can execute the trade signals without manual confirmation. When you request and enable this function, you confirm that you have sufficient automated trading experience in either demo or live environments and understand the unique risks that come along with this form of trading, such as but not limited to a high number of trades may execute between each time you log into the account, possible differences in execution prices between DARA app and your MT4 account. When you enable Autotrading feature and place MT4 trading software (MT4 bridge EA) on your trading account, you agree and understand than trade signals will be executed automatically on your account without manual confirmation.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OWNER, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF OWNER AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO OWNER FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OWNER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
18. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold DARA TRADE and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this website or from your violation of the terms and conditions stated herein.
19. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of Europe. You hereby consent to binding arbitration in Europe to resolve any disputes arising under these Terms and Conditions.
20. U.S. Government Required 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, the 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.
The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither us nor our affiliates or associates involved in the production and maintenance of these products or this site is a registered Broker/Dealer or Investment Advisor in any State or Federally-sanctioned jurisdiction. All purchasers of products referenced at this site are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
Clearly understand this: Information contained in this product are 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 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 & circumstances. Failure to seek detailed professional personally tailored advice prior to acting could lead to you acting contrary to your best interests & 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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
27. Privacy Policy and Cookie Policy
Please read the full Privacy Policy and Cookie Policy
28. 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.
29. Forex Brokers
DARA TRADE is NOT a broker. 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.
Different brokers can have different prices, spreads, time zone settings or high latency. This can lead to false trade 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 our software 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 software 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 software ( disable auto-trading) and CLOSE any open positions before requesting the account type change.
30. 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.
31. 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.
32. 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 at 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