1. Definitions
VirtuaBroker: VirtuaBroker Ltd., a limited liability company incorporated under the laws of the United Kingdom. The company is registered with the British Chambers of Commerce under registration number 13131104. The company’s registered office is at EC1V 2NX, Kemp House, 160 City Road, London, United Kingdom. VirtuaBroker is also referred to as “we”.
User(s): individual private person(s) or legal entity using the Website or Software. Users are also referred to as “you”.
Software: the software VirtuaBroker was developed to enable Users to trade crypto currencies on the crypto market, in the form of a crypto trader bot. The Software is available through the Website https://virtuabroker.com.
Strategies: information provided by internal advisors that scan the crypto market and provide the Users with trading tactics. Users have the option to configure the Software as such that it will automatically buy and sell currencies on the basis of information of Strategies.
2. Registration and personal account
If you want to use our Website and Software, go to https://virtuabroker.com. You will need to register and create a personal account in order to use the Website and Software.
You must protect the login details of your account and keep your password strictly secret. We will assume that all actions taken from your account are done by you or under your supervision.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VirtuaBroker immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD VIRTUABROKER LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by VirtuaBroker and/or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You agree to provide up-to-date, complete and accurate information on your account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
3. Disclaimer
VIRTUABROKER PROVIDES THE SOFTWARE. VIRTUABROKER DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. VIRTUABROKER IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT VIRTUABROKER IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT VIRTUABROKER CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
4. Offers and prices
All offers and free trials on the Website are without obligations. However, all offers and free trials are always subject to these Terms.
The prices on the Website include taxes and expenses.
We can always adjust our prices. The price change will take effect immediately.
5. Subscription and payment
You need a subscription to use the Website and Software. Subscriptions are offered for a fixed amount per month and/or per year. You can get a subscription at https://virtuabroker.com.
VirtuaBroker offers several sorts of packages as a subscription. Each package differs in the number of usable bots, the number of available paper bots, and the amount of volume. You can find all packages at https://virtuabroker.com.
VirtuaBroker will give Users access to the Software immediately after the subscription has been completed.
The price of the subscription will be invoiced automatically every month. Possible methods of payment are displayed on the Website and include for example PayPal, credit cards (e.g. Visa or MasterCard), and “Crypto Currencies”.
A monthly subscription will continue for a month-to-month period, unless the User cancels the subscription before the end of the term already paid for.
A yearly subscription will automatically be extended after expiration, unless the User cancels the subscription before the end of the term already paid for. In case the User is a natural person, the automatically extended subscription can be terminated on a monthly basis. The User can also modify the extended subscription to a yearly subscription.
The User can cancel the subscription by the end of the term already paid for. The account of the User will remain active for the period that User has already paid for.
6. Withdrawal
Users have the right to withdraw their subscription up to 14 days after purchasing it on the Website.
If the User withdraws their subscription, the User will pay pro rata for the period the User has already been able to use the Software. Users will get the rest of the paid amount back as a refund.
In the case of a free trial, no refund is granted if the User withdraws the subscription.
7. Fair use of our Website and Software
By using our Website and Software, you declare that you are at least 18 years old.
You may not use the Website and Software in such a way that you violate United Kingdom law or any other applicable laws and regulations.
As a condition for using the Website and Software, you agree not to provide any information, data or content to us or the Website and Software that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to:
a) enter any non-public / secure areas of the Website or Software;
b) send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose
c) investigate, scan or test the Website of Software or any other related system or network, or violate any security or authentication;
d) use any automated systems of software to withdraw data from the Website (“screen-scraping”);
e) make and distribute copies of the Website or Software;
f) attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Website or Software;
g) or create derivative works of any kind whatsoever.
You may not create an account under someone else’s name or act like someone else in any way.
In case the account concerns a corporate account, only an authorized person is allowed to trade with the corporate account. It is the responsibility of the user of the corporate account that only authorized persons have access to the account.
If you receive personal data or other sensitive information from other users, you will keep this information secret.
VirtuaBroker is entitled to (temporarily or permanently) block your account and deny you access to the Website if we suspect abuse of the account or the Website. We can also block your account or deny you access to the platform if you do not comply with these Terms, including conditions and policies referenced herein.
VirtuaBroker shall have the right to immediately terminate your account in the event of any conduct by you that VirtuaBroker, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use, including conditions and policies referenced herein.
8. Privacy
VirtuaBroker respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). When you use our Website and Software, we will collect certain personal data from you. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our privacy policy here: https://virtuabroker.com/privacy
9. Intellectual property
VirtuaBroker is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website and the Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”).
VirtuaBroker grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and Software on the subscription basis as offered by us at https://www.virtuabroker.com. You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content of the Website and Software. Also see clause 6.
10. Availability of the Website and Software and disclaimer of warranties
The Website and Software are available on computers and handheld mobile devices running iOS and Android. VirtuaBroker will use reasonable efforts to make the Website and Software available at all times. However, the User acknowledges that the Website and Software are provided over the internet and mobile networks, and thus the quality and availability of the Website and Software may be affected by factors outside VirtuaBroker’s reasonable control.
VirtuaBroker does not accept any responsibility whatsoever for unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.
VirtuaBroker is not responsible for any support or maintenance regarding the Website or Software. VirtuaBroker may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. VirtuaBroker is not responsible for any downtime resulting from these actions.
VirtuaBroker is not responsible for any miss functionality by third parties or connected exchanges.
To the maximum extent permitted by applicable law, VirtuaBroker hereby disclaims all implied warranties regarding the availability of the Website and Software. The Website and Software are provided “as is” and “as available” without warranty of any kind.
11. Helpdesk & Advice
VirtuaBroker has a helpdesk where the User can ask questions about the Website and Software. VirtuaBroker will only give advice about the functioning of the Website and Software.
VirtuaBroker explicitly does not:
a) Give Users any personal advice on recommended settings for the Strategies;
b) Give Users any personal financial advice.
VirtuaBroker may upload general tutorials and academy videos on the Website, about the functioning of the Website and Software.
All tutorials and videos uploaded by VirtuaBroker are general and contain in no way personal and/or financial advice. All use of this advice is at the sole risk of the User.
All information provided by VirtuaBroker based on its services, is purely informative. All use of this information is at the sole risk of the User. Also see clause 3 (disclaimer).
12. Risks
The User is aware of the accompanying risks of possessing, trading and using crypto currencies, and takes full responsibility for these risks. Also see clause 3 (disclaimer).
13. Liability
Nothing in these Terms shall exclude or limit VirtuaBroker’s liability when it cannot be excluded or limited under applicable law.
VirtuaBroker is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or Software or the content provided thereon. For example, VirtuaBroker is not liable for:
a) the proper functioning of (hyper)links provided by the Website or Software;
b) the quality of any strategy created and provided by the Users on the Website;;
c) the (lack of) financial benefit for the Users through the use of the Website or Software;
d) any situation where the Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without the User’s consent;
e) any damage or alteration to the User’s equipment, including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or Software;
f) a failure to meet any of VirtuaBroker’s obligations under these Terms where such failure is due to events beyond VirtuaBroker’s reasonable control.
14. Indemnification
Users will indemnify, defend, and hold VirtuaBroker harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
a) any injury or damages resulting from the behaviour of Users related to the use of our Website and Software; and
b) breach by Users of these Terms or violation of any applicable law, regulation or order.
15. Miscellaneous
VirtuaBroker reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if the User has provided us with their e-mail address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the Website, you acknowledge the most recent version of these Terms.
If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
Users cannot transfer the rights and obligations from these Terms to third parties.
16. Severability
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
17. Applicable law and jurisdiction
These Terms shall exclusively be governed by and construed in accordance with the laws of the United Kingdom.
Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of London, United Kingdom, unless the dispute can be settled in an amicable fashion.
18. Complaints, comments and suggestions
VirtuaBroker strives to give you an optimal service. If you have a complaint, comment or suggestion, you can contact us at info@virtuabroker.com Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.
Virtua Broker Ltd.
Kemp House, 160 City Road
EC1V 2NX, London
United Kingdom
info@virtuabroker.com
British Chambers of Commerce number: 13131104
VAT number: 377 7549 36
