Terms of Service

The Zen Trader Website, Zen Trader.co, is an online information service with software, provided by Zen Trader, and is subject to the terms and conditions set forth below.

IMPORTANT: These terms and conditions constitute a legal agreement between you, the User (hereafter “You”, “Your”, or the “User”), and us, Zen Trader, its affiliates, and all of their respective authorized representatives, officers, directors, employees, agents, shareholders, licensors, attorneys, successors, and assigns (hereafter “Us” or “Zen Trader”), and together with the Website Privacy Policy and the Software License Agreement, wholly and exclusively govern such relationship.

BEFORE ACCESSING OR USING THE SERVICES OFFERED ON Zen Trader.co, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS WEBSITE TERMS OF SERVICE AGREEMENT. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ANY PROGRAMS, SERVICES, TOOLS, SOFTWARE, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively, “the Site”). Zen Trader IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. BY USING THE SITE, YOU THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.

Zen Trader RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO THE USER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Website Terms of Service page (i.e., “Updated [Date]”).

  1. PROPRIETARY RIGHTS. All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by Zen Trader, its affiliates, its successors and assigns, and/or by third parties who have granted Zen Trader license to use such Intellectual Property. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of Zen Trader or their respective owners and are protected by law. Except as expressly provided herein, Zen Trader does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Zen Trader or third party licensors. The website name, Zen Trader, its logo, and all other names, logos and icons identifying the Zen Trader website and its services are proprietary trademarks of Zen Trader, and any use of such marks, such as domain names, without the express written permission of Zen Trader is strictly prohibited.

  2. LIMITED LICENSE GRANT. The Site is provided by Zen Trader, and conditional with the acceptance of this Website Terms of Service Agreement, provides You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and download any programs, services, tools, materials, or information made available through or from the Site. Please note that access to download and terms of use of Zen Trader’s software is contingent on acceptance of the separate Software License Agreement. The Website Terms of Service permit you to use and access for personal use only the Zen Trader Website (a) on a single laptop, workstation, or computer and (b) on a mobile device from the Internet or through an on-line network. You may also download information from the Site into your laptop, workstation or computer’s temporary memory (RAM) and print and download materials and information from the Site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.

  3. LICENSE RESTRICTIONS. The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY Zen Trader THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, OR (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, OR (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Zen Trader Site, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Zen Trader on or through the Site, OR (viii) use the Site to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, appropriate, use the Zen Trader name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of Zen Trader, OR (x) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact Zen Trader. 4.

    Moreover, this license is only valid where Zen Trader is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by Zen Trader.

  4. THIRD PARTY INFORMATION/ PRODUCTS/ SERVICES/ LINKS TO OTHER SITES. The Site may contain information, data, links, promotional offers, or other content in any form, including financial information related to third parties. Such information is provided only for Your convenience and as a bonus service, and will not be considered financial advisement. In no case whatsoever shall Zen Trader be liable for such content or any damages or losses that result from reliance thereon. You understand that, except for information, products or services clearly identified as being supplied by Zen Trader, Zen Trader is not affiliated with, is not responsible for, and does not operate, control or endorse any information, products or services offered by third parties that are provided on the Site in any way.

    Zen Trader makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Site or which You may access through a link on this Site. Your correspondence or any other dealings with such third parties found on this Site are solely between you and such third party. Accordingly, Zen Trader EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES.

  5. DISCLAIMER – NO WARRANTIES. You understand and accept that Zen Trader cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

    YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. Zen Trader PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. Zen Trader SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITH REGARD TO THE SITE, THE PERSONAL ACCOUNT REPRESENTATIVE SERVICE, OR ANY INFORMATION OR THIRD-PARTY INFORMATION OR LINKS PROVIDED THEREON, Zen Trader SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. Zen Trader DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Zen Trader HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

  6. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE Zen Trader FROM ANY CLAIM OF HARM RESULTING FOR A CAUSE BEYOND Zen Trader’S CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES FOR ANY REASON, SUCH AS MAINTENANCE, DENIAL OF SERVICE ATTACKS, TELEPHONE OR OTHER COMMUNICATION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, FORCE MAJEURE EVENT SUCH AS SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES, LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTION OR ACTION. MOREOVER, IN NO EVENT WILL Zen Trader BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE’S SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF Zen Trader HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Zen Trader FOR ANY REASON RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Zen Trader IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

  7. INDEMNIFICATION.You agree to indemnify, defend and hold harmless Zen Trader, its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.

  8. USER OBLIGATIONS. If you provide any false, inaccurate, untrue, or incomplete information, Zen Trader reserves the right to terminate immediately Your access to and use of the Site and any software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site and its related services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While Zen Trader has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, Zen Trader is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its software, and maintaining or backing up any data. 10.

  9. USER NAME AND PASSWORD POLICY. Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by Zen Trader. By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify Zen Trader. Zen Trader cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Zen Trader also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.

  10. FEEDBACK AND SUBMISSIONS. You grant to Zen Trader team the right to use your name in connection with any materials freely submitted by You and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Zen Trader for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site. Registered Site Users will have the opportunity to submit feedback and information regarding their trading activity through the software and through the website, which will be subsequently displayed on the website on an anonymous basis. Such information is submitted on a voluntary basis. Zen Trader maintains no control over the accuracy or correctness of such self-reporting and accordingly disclaims all liability from User reliance on this data.

  11. PRIVACY POLICY. You understand, acknowledge and agree that the operation of certain programs, services, tools, materials, or information of the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information on the Site, you acknowledge and agree that your use of the Site will constitute acceptance of Zen Trader’s personal identifying information collection and use practices to protect your personal information. Please read our Privacy Policy before providing any personal data on this Site.

  12. VOID WHERE PROHIBITED. Any offer for any product or service made on this Site is void where prohibited. Moreover, Zen Trader makes no representations regarding the legality of access to or use of the Site or its content in any country. Although the Site may be accessible worldwide, not all features, products or services provided or offered through or on the Site are appropriate or available for use in all countries. Zen Trader reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. If You access the Site from a jurisdiction where prohibited, You do so at your own risk and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the Zen Trader website. 15.

  13. NO ADVICE. You acknowledge that neither the Site or the Personal Account Representative service, is not authorized to offer any legal, tax, accounting advice, or recommendation regarding suitability, profitability, investment strategy or other matter. 17.

  14. ENFORCING SITE SECURITY. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. Zen Trader reserves the right to view, monitor, and record activity on the Site without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Site. In addition, Zen Trader reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site or Zen Trader’s business.

  15. NOTICE OF SECURITY BREACH. In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any personally identifiable information provided to or made available by Zen Trader, or any unauthorized hacking of the Site, you shall (i) immediately notify Zen Trader of such breach or potential breach, (ii) assist Zen Trader as reasonably necessary to prevent or rectify any such breach, and (iii) enable Zen Trader to comply with any applicable laws requiring the provision of notice of a security breach with respect to any impacted personally identifiable information.

  16. TERM AND TERMINATION. These Terms of Service govern Your right to use the Site will take effect at the moment you access or use the Site and is effective until terminated, as set forth below. This Agreement may be terminated by Zen Trader without notice, at any time, and for any reason. In addition, Zen Trader reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Site, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, or if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, subject to the survival rights below. Upon termination, You must destroy all copies of any aspect of the Site that you have made and remove downloaded software from Your possession. The following provisions shall survive termination of the Website Terms of Service Agreement for any reason: Proprietary Rights (§1), Limited License Grant (§2), License Restrictions (§3), Third Party Information (§4), Disclaimer (§5), Limitation of Liability (§6), Indemnification (§7), Governing Law (§17), and Miscellaneous (§18).

  17. GOVERNING LAW AND DISPUTE RESOLUTION. These Terms of Service and all disputes or claims arising out of or related thereto shall be governed by the laws of Cyprus, without applying conflict of law rules. Any cause of action or claim arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Claimant and Zen Trader waive their rights to a jury trial and participation in class action litigation. All disputes arising out of or relating to these Terms of Service shall be resolved by binding arbitration, except that Zen Trader is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to Zen Trader or any other person or entity. You acknowledge that any breach, threatened or actual, could cause irreparable injury to Zen Trader that is not quantifiable in monetary damages. You agree that Zen Trader shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of Your obligations under these Terms. Accordingly, you waive any requirement that Zen Trader post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to Zen Trader to enforce any provision of these Terms.

  18. MISCELLANEOUS. You agree that these Terms are for the benefit of the User, Zen Trader, and Zen Trader’s licensors. Therefore, these Terms are personal to You and not assignable. No joint venture, partnership, employment, or agency relationship exists between You and Zen Trader as a result of these Terms of Service or arising out of your use of the Site. Zen Trader’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right under these Terms or at law. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Zen Trader may assign its rights and duties under this Agreement to any party and at any time, without notice to the User. Headings herein are for convenience only. These Terms of Service, along with Zen Trader’s Website Privacy Policy and the Software License Agreement, represent the entire agreement between You and Zen Trader with respect to use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Zen Trader.

  19. SEVERABILITY. If any provision of these Terms of Service is ruled invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be deemed amended in order to achieve as closely as possible the same effect as the Terms of Service as original drafted.