1.1. These terms and conditions (hereinafter – Terms) apply to all visitors, users, customers, and others (hereinafter – You/User) who access or use the services of Secrets of Zurich Ltd. 1.2. Definitions:
1.2.1. Cryptocurrency – medium of exchange, created and stored electronically in the blockchain, using encryption techniques to control the creation of monetary units and to verify the transfer of funds.
1.2.2. Blockchain – digitized, decentralized, public ledger of all cryptocurrency transactions. It allows market participants to keep track of digital currency transactions without central record keeping.
1.2.3. Services – the software, digital assets, tools and materials provided by Secrets of Zurich during the educational trading course.
1.2.4. Account – your personalized space on the Secrets of Zurich educational platform, to which you gain access by using username and password, and through which you can manage your use of the Services, including modifying your personal information and managing your Wallet.
1.2.5. Platform – a specific piece of software provided by Secrets of Zurich as part of Services that provides you education services, which are accessible through your Account.
1.2.6. Funds – all the traditional and digital currencies you use to pay for Secrets of
Zurich Services and use during your education course.
1.3. By accepting these Terms, you acknowledge that:
1.3.1. you are at legal age;
1.3.2. you have sufficient experience, knowledge and understanding of the work principles of Services, fully understand the associated risks access and use the Account at your own risk with your own email;
1.3.3. you have full power and authority to enter into this legal relationship;
1.3.4. you guarantee that the Funds you transfer to pay for the Services or use during the education are not sold, encumbered, not in contention, or under seizure, and that neither exists any rights of third parties to your Funds.
1.4. By checking the respective box as a part of the registration process, you confirm to have
read these Terms and accept Terms. If you do not agree with the Terms, do not accept the
Terms and you will not be entitled to use the Services.
1.5. You are allowed to use the Account if you are eligible in accordance with the law of your residence. Secrets of Zurich reserves the right to block your Account if we have any doubts with regard to your eligibility.
1.6. We may amend or modify these Terms at any time by posting a revised Terms on the Website and such changes or modifications shall be effective at such time. By continuing to access or use the Services after we have posted a revised Terms, you agree to be bound by the modified Terms.
1.7. You agree that all electronic documents and information gathered through system loggings shall have the same probative value as paper documents and that those can be used as evidence in court or other judicial proceedings.
2.1. Secrets of Zurich shall use its best efforts to provide the Services in accordance with
these Terms. We reserve the right, however, to modify, update, amend or make unavailable
in whole or in part the Services without incurring any charge or obligation to pay
compensation in order to handle changes in the global blockchain system, comply with
(changing) legal obligations or to prevent or stop any illegal or unauthorized activity.
2.2. By using the Services, you agree that Secrets of Zurich may provide you with any notices or other communications about your Account and Services electronically: i) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide); ii) by posting to the website www.soz.fund (hereinafter – Website). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your Account and your Account will be cancelled.
verified email is used to identify the user and can be used for communication purposes,
password restore, Services updates etc.
2.4. In order to verify your identification, you may be required to provide national identity documents (passport or ID card), utility bill details for residence.
2.5. The User is obliged to create a strong password that is not used for any other websites,
online or offline services and maintain the security of his Account by protecting the password
and restricting access to the Account.
2.6. You warrant and undertake that all information you provide during the registration process is truthful, complete, accurate and up to date. If any of your personal details change, you will duly update them via the appropriate menu in your Account or by contacting customer support.
2.7. Your login credentials to gain access to your Account are strictly personal. You are not allowed to divulge them to a third party. Any violation of the confidentiality of your login credentials shall be considered a material breach of these Terms and conditions of Secrets of Zurich shall have the right to block access to or terminate your Account.
2.8. We shall not bear any liability, whatsoever, for any damage or interruptions caused by
any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may
affect your computer or other equipment, or any phishing, spoofing or other attacks. We
advise the regular use of a reputable and readily available virus screening and prevention
2.14. Secrets of Zurich cannot be liable under any circumstances for any transaction made by you during your education. Secrets of Zurich has no control over, or liability for, the safety, legality or any other aspect of the transactions that you can make on a third party. Any dispute that you concerning a transaction with Cryptocurrencies you shall resolve with such third party directly without involving the Secrets of Zurich.
2.15. The risk of loss in holding Cryptocurrencies can be substantial. Therefore, you should consider whether holding Cryptocurrencies is suitable for you in light of your financial condition. Changes in the relevant network may result significant and sudden changes to the value and/or usability of Cryptocurrencies. Secrets of Zurich is not responsible for such loss of value of Cryptocurrencies and bears no responsibility for any loss incurred by you while using the Platform or in any direct or indirect connection to the Platform.
2.16. Cryptocurrencies and Blockchain technologies have been subject of scrutiny by various regulatory bodies around the world. The functioning of the Platform could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of Cryptocurrencies.
2.17. Hackers or other groups or organizations may attempt to interfere with your Account in any number of ways, including without limitation denial of service attacks, spoofing, smurfing, malware attacks. There is a risk that the Platform may include weakness or bugs in the source code interfering with the use of or causing the loss of personal information.
2.18. You may have only one account. Double accounts are strictly forbidden.
3. TRADING IN CRYPTOCURRENCIES
3.1 In case of trading in CFDs where the underlying asset is a Cryptocurrency, the Client should take into consideration that Cryptocurrencies are traded on non-regulated decentralized digital exchanges. Hence, the price formation and the price movements of the Cryptocurrencies depend solely on the internal rules of the particular digital exchange, which may be subject to change at any point in time and without notice which often leads to a very high intra-day volatility in the prices.
3.2 In case of trading CFDs in Cryptocurrencies the Client accepts a significantly higher risk
of loss of the invested capital which may occur within a very short time frame as a result of
unanticipated adverse price movements of the Cryptocurrencies.
3.3 The Company’s pricing data and market on the Cryptocurrencies are originated from the digital decentralized exchanges the Cryptocurrencies are traded on. Considering that such exchanges are not regulated, the market data and price feed information provided by such exchanges may be subject to the internal rules and practices of such exchanges which may significantly differ from the rules and practices observed by the regulated exchanges. Therefore, the pricing formation rules of the Cryptocurrency exchanges are not subject to any regulatory supervision and may be changed at the relevant digital exchange’s discretion at any time. Also, such digital exchanges may introduce trading suspensions or take other actions that may result in suspension or cessation of trading on such exchanges or the price and market data feed becoming unavailable to us.
3.4 The above factors could result in a material adverse effect on Clients’ open positions, including the loss of all of Client’ invested capital. Where a temporary or permanent disruption to or cessation of trading occurs on any digital exchange from which we derive our price feeds for the relevant Cryptocurrency, Clients’ positions in such Cryptocurrency will be priced at the last available price for the relevant Cryptocurrency, and Clients’ may be unable to close or liquidate their position or withdraw any funds related to such position until the trading on the relevant digital exchange resumes (if at all). The Client accepts that where trading resumes again at either the relevant initial digital exchange or on any successor
exchange thereof, there may be significant price differential (price gapping) which may impact the value of Clients’ CFD positions in the relevant Cryptocurrencies and result in significant gains or losses. Where trading does not resume Clients’ entire investment will potentially be lost altogether.
3.5 The Client agrees and accepts that have been informed by the Company of and understand this particular risk, and that shall take that risk into account when taking any investment decisions in respect of trading CFDs in Cryptocurrencies. In some regulated equity markets, it could be difficult to take a Short Position. For instance, if the underlying equity-related Financial Instrument is in short capitalization or is illiquid, or where an Exchange or regulator have prohibited short trading. For these situations, we may not be able to provide a CFD to reflect a short position at all, or Clients’ may be charged an additional fee to open such a Short Position. We will advise Clients where possible of such additional fee in advance which will be based on the date we will become aware of such short selling exclusions. In case Clients are trading CFDs in Cryptocurrencies, they fully understand and agree with the additional risks associated with such trading, as set out above.
4.1. The Platform and its components such as the Account, Services and etc. are under
development, Secrets of Zurich cannot guarantee that all program functions will be available
for any period in the future or that the functionality of the Platform will not change
dramatically. Secrets of Zurich makes no representations or warranties of any kind, whether
express, implied, statutory or otherwise regarding the Platform, including any warranty that
the Platform will be uninterrupted, error-free or free of harmful components, secure or not
otherwise lost or damaged.
4.2. Secrets of Zurich shall not have any liability or responsibility for any errors or omissions in the performance of the Platform, for your action or inaction in connection with our Platform or for any damage to your computer or data or funds or any other damage you may incur in connection with the Platform. Your use of the Platform is at your own risk. In no event shall Secrets of Zurich be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Platform, the delay or inability to use the Platform or otherwise arising in connection with our Platform whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
4.3. You agree to defend, indemnify and hold Secrets of Zurich harmless from and against
any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or
related to your use of the Account, Platform, Services and etc.
4.4. Secrets of Zurich makes no representation that Services can be received are applicable or appropriate for use in all jurisdictions.
4.5. You must notify Secrets of Zurich as soon as possible and at the latest within five
working days after the occurrence of damages which are a direct result of your use of the
Services and you must take all necessary steps to limit the impact of these damages. In your
correspondence, you must give us information sufficient to identify you, your Account, and
the transaction on which you believe an error occurred. Belatedly communicated damages
are in no event eligible for compensation.
4.6. Secrets of Zurich can only be held liable for its own fraud or serious fault in the execution of its commitments under these Terms where it causes direct, proven damages to you.
4.7. Secrets of Zurich shall never be liable, not even in case of serious fault for indirect damages, including consequential damages, financial or commercial damages, loss of profit or income, lost opportunities, lost savings, damage due to business discontinuity, reputational damage and damage from legal proceedings initiated by third parties against you.
4.8. Secrets of Zurich shall never be liable for the partial, temporary or permanent delay or any impediment of the execution of its obligations resulting from the contract if such is the consequence of force majeure. Force majeure shall be understood at least as: war, terrorism, natural disasters or other phenomena, fire, floods, storms, heavy rains or other precipitation, extreme weather conditions, occupation, strikes, illness or death of administrators, employees or subcontractors and their relatives, government measures, defaults or force majeure of subcontractors, electrical faults and technical failures, or any other cause beyond Secrets of Zurich reasonable control.
4.9. Secrets of Zurich is not responsible for any third-party services fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
4.10. In no event shall Secrets of Zurich, its affiliates and services providers, or any of their respective officers, directors, agents, joint ventures, employees, representatives and etc. be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with Secrets of Zurich Website, Services and these Terms.
4.11. You agree to indemnify and hold Secrets of Zurich harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited, loss of use, loss of profits, loss of data or loss of assets, whether in an action, in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with:
4.12. your use of Platform, including, but not limited to those arising from your personal errors and misbehaviour such as forgotten passwords, incorrectly provided personal information, loss of your accesses etc.
4.12.1. any risks associated with utilizing any online service, including, but not limited to the risk of unknown vulnerabilities in or unanticipated changes to any network protocol;
4.14.2. any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, howsoever caused;
4.14.3. software failures, protocol changes by third-party providers, internet outages, Force Majeure event or other disasters including third-party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control, any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol that may cause the Wallet to malfunction or function in an unexpected or unintended manner;
4.14.4. technical, typographical, or photographic errors in information and materials appearing on the Website or related applications.
5. STATEMENT OF CLIENTS FINANCIAL INSTRUMENTS
5.1. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client’s name and/or the Company’s name denoted as clients account. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client’s funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
5.2 The Company exercises due skill, care and diligence in the selection of the financial institution according to this Client Agreement. The Company takes into account the expertise
and market reputation of such institutions with the view of ensuring the protection of Client’s rights, as well as any legal or regulatory requirements or market practices related to the holding of Client money that could adversely affect Client’s right. However, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
6. FINANCIAL INFORMATION AND ADVICE
6.1. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Financial Instruments or the Underlying Markets or Underlying Assets. The Client alone will decide how to handle his Trading Account on the 3d parties and place Orders and take relevant decisions based on his own judgment.
6.2. The Company will not be under any duty to provide the Client with any legal, tax or other
advice relating to any Transaction. The Client may wish to seek independent advice before
entering into a Transaction.
6.3. Financial Information provided on this website is not intended as investment advice. Secrets of Zurich Ltd does not endorse or approve the Financial Information, and we make it available to you only as a service for your own convenience. Secrets of Zurich Ltd and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or warrant any results from your use or reliance on the Financial Information.
6.4. It is your duty to verify the reliability of the information on the website and its suitability to your needs. We exclude any liability for any claim, loss or damage of any kind allegedly caused by information presented on the website or referred to by the website.
6. TERMS AND TERMINATION
6.1. The contractual relationship between you and Secrets of Zurich starts when you register on the Website and create Account and shall be of indefinite duration.
6.2. Secrets of Zurich can terminate the contractual relationship, Services and these Terms at any time. Secrets of Zurich can also change these Terms at any time. You cannot change these Terms, but you can terminate these Terms by deactivating your Account.
6.3. In the event that you or Secrets of Zurich terminate contractual relationship and/or these Terms, or your access to the Services, or deactivates/closes Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Secrets of Zurich may temporarily suspend access to your Account until the problem is resolved.
6.4. Secrets of Zurich may: suspend or terminate your access to any or all of the Services, or/and deactivate/close or cancel your Account as required by a valid subpoena or court order, or if Secrets of Zurich reasonably suspects you of using your Account in furtherance of illegal activity, or if you take any action that Secrets of Zurich deems as circumventing Secrets of Zurich controls, including, but not limited to, opening double Accounts. You will be permitted to transfer Cryptocurrencies associated with your Wallet for 60 (sixty) calendar days after Account deactivation or cancellation unless such transfer is otherwise prohibited under the law, or by a valid subpoena or court order.
7.1. These Terms and any legal relationship between you and Secrets of Zurich arising out of or in connection with them shall be governed by the laws of England. You agree to try and solve any dispute through negotiations. Should negotiations fail, then all disputes shall be submitted to the courts of England.
7.2. You shall not have the right to transfer or assign any of your rights and obligations under these Terms to a third-party without prior written permission of Secrets of Zurich. Secrets of Zurich reserves the right, to transfer or assign the whole or part of these Terms to a third party without your prior permission.
7.3. All documents and communication to be made or given pursuant to these Terms and contract must be in the English language.
7.4. If at any time any one or more of the provisions of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of these Terms nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result.