Terms & Conditions
Terms and Conditions
Overview.
By using our site and/or buying something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors/creators of content.
Carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
The Services are only intended for persons over the age of 18 residing in the country for which the Services are available and permitted. By registering on the Website, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services. You guarantee to access the Services solely from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER CAN BE CONSIDERED INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE PROVIDER DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES THE PROVIDER ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF THE PROVIDER ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.
We may give access to third parties to our website to troubleshoot and/or maintain the website, database or infrastructure related issues. These access are monitored and restricted after the work is done..
ALL PAYMENTS ARE FINAL AND FOR EVALUATION PURPOSES ONLY.
The registration fees are paid for allowing you to access the OCQFUND platform, models and services. The Customer is not entitled to a refund of the registration fees if the service has been started (i.e. started trading on our platform) and/or the customer did not successfully complete the Evaluation. No refund applies to any model that OCQFUND offer.
Section 1 –Terms Of Online Registration
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – General Conditions
We have the right to refuse service to anyone at any time for any reason. You acknowledge that your content (except credit card information) may be conveyed unencrypted and may entail (a) transmissions across different networks, and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Whenever credit card information is sent over a network, it is always encrypted. Without our explicit written consent, you undertake not to replicate, duplicate, copy, sell, resell, or exploit any component of the Service, use of the Service, or access to the Service or any contact on the website through which the service is offered. The titles in this agreement are given solely for convenience and have no bearing on the Terms..
Section 3 – Accuracy, Completeness, and Timeliness of Information
We make every effort to ensure that the information we provide is accurate, however the information is also supplied by third parties and we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. As an option to mitigate your risk you are always welcome to email your questions to our support team through ocqfund@gmail.com.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (accounts provided) (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Products or Services (if applicable)
We retain the right, but not the obligation, to limit our product or service sales to any individual, geographic location, or jurisdiction. On a case-by-case basis, we may exercise this power. We have the right to limit the number of products or services we offer at any time. All product descriptions and prices are subject to change at our sole discretion at any time without notice. At any moment, we have the right to discontinue any product. Any offer made on this site for a product or service is invalid where prohibited. We don't promise that the quality of any items, services, information, or other material you buy or get from us will match your expectations, or that any flaws in the Service will be rectified.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or un-authorized distributors.You agree to provide current, complete, and accurate purchase and account information and email for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third-party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
On rare occasions, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, price, promotions, offers, product shipping charges, transit times, or availability. If any information in the Service or on any connected website is erroneous, we have the right to remedy any mistakes, inaccuracies, or omissions, and to modify or update information or cancel orders at any time without prior notice (including after you have submitted your order). Except as required by law, we make no commitment to update, revise, or clarify anything in the Service or on any connected website, including, without limitation, price information. There is no specific update or refresh date applied in the Service or on any associated website to indicate that all information in the Service or on any related website has been edited or updated.
Section 12 – Prohibited Uses
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Unauthorised TRADING PRACTICES
- INTENTIONALLY OR UNINTENTIONALLY USE TRADING STRATEGIES THAT LEVERAGE ERRORS IN THE SERVICES, SUCH AS ERRORS IN PRICES DISPLAY OR LATENCY IN THEIR UPDATE;
- USE AN EXTERNAL OR SLOW DATA FEED/HIGH-SPEED DATA TO PERFORM TRADE;
- UNDERTAKE, SOLELY OR IN CONCERT WITH ANY OTHER INDIVIDUALS, INCLUDING BETWEEN CONNECTED ACCOUNTS OR ACCOUNTS HELD WITH SEPARATE OCQFUND ENTITIES, TRADES OR COMBINATIONS OF TRADES THE INTENT OF WHICH IS TO MANIPULATE TRADING, FOR INSTANCE BY SIMULTANEOUSLY ENTERING INTO REVERSE POSITIONS
- UNDERTAKE TRADE-IN VIOLATION OF THE PROVIDER'S AND TRADING PLATFORM'S TERMS OF AGREEMENT;
- USE ANY TECHNOLOGY, AI, ULTRA-HIGH-SPEED, OR MASS DATA ENTRY THAT MAY MANIPULATE MISUSE, OR PROVIDE YOU WITH AN UNFAIR COMPETITIVE ADVANTAGE WHILST STILL USING OUR SYSTEMS OR SERVICES; OR
- EITHER, TRADE IN A WAY THAT CONTRADICTS WITH HOW TRADING IS ACTUALLY PERFORMED IN THE FOREX MARKET OR ANY OTHER FINANCIAL MARKET, OR IN A WAY THAT AFFIRMS JUSTIFIED CONCERNS THAT THE PROVIDER MAY SUFFER FINANCIALLY OR OTHER SEVERE EFFECTS AS A RESULT OF THE CUSTOMER'S ACTIVITIES.
Additionally, Customers must not abuse the Services by conducting transactions without following market standard risk management guidelines for trading on financial markets, which includes, among other things, the activities listed below.
(i) opening significantly higher position sizes than past trade on this or any other Customer's account, or (ii)opening a significantly lesser or greater number of positions in comparison to other trades on this or any other Customer's account
The Provider holds the right to assess whether specific trades, techniques, tactics, or conditions constitute Forbidden Trading Practices at its sole discretion. If the customer acts in any of the above-mentioned Prohibited Trading Practices,
- The Provider may see it as a failure to fulfill the terms of the specific OCQFUND program.
- The Provider may exclude unauthorized trades from the Customer's trading history and/or not include their results in the profits and/or losses generated by demo trading/real trading, or
- All Services provided to the Customer will be immediately revoked, and this Agreement will be terminated as a result.
- If any or all of the Forbidden Trading Practices are carried out on one or more OCQFUND accounts belonging to a single Customer, or accounts belonging to multiple Customers, or by combining trading through OCQFUND Accounts and OCQFUND Trader accounts, the Providers have the right to cancel all Services and terminate all contracts related to any and all Customer's OCQFUND accounts. At its discretion, the Provider may take any or all of the above steps.
- If any OCQFUND Trader accounts were used for or involved in the Restricted Trading Practices, this may and will constitute a breach of the corresponding terms and conditions for the OCQFUND Trader account with the third-party provider, which may result in the revocation of all such user accounts and the revocation of respective contracts by the third-party provider.
- If the Customer exercises in any of the above-specified activities, and the Provider has already alerted the Customer, the Provider may limit the Customer access to all Services or portions thereof, including access to the Client Section and Trading Platform, without reimbursement. The Customer is not entitled to compensation for the payments made in this circumstance.
- The Provider shall have no liability for any trading or other investment activities conducted by the Customer outside of the Provider's relationship, such as user data or other information from the Client Section, Trading Platform, or otherwise related to the Services in real trading on financial markets.
- FINANCIAL MARKET ADVANCEMENTS ARE SUBJECT TO RAPID AND ABRUPT CHANGES. FINANCIAL MARKET TRADING MAY NOT BE PROFITABLE AND CAN RESULT IN SIGNIFICANT FINANCIAL SETBACKS. ANY PREVIOUS TRADING PERFORMANCES AND PROFITS OF THE CUSTOMER ARE NOT A GUARANTEE OR INDICATOR OF FUTURE PERFORMANCE.
Section 14 – Disclaimer of Warranties; Limitation of Liability
OCQFUND does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall OCQFUND, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 15 – Indemnification
You agree to indemnify, defend and hold harmless OCQFUND and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 18 - Refund Policy
The fee for the evaluation account must be paid in full to allow the trader to participate in the OCQFUND Evaluation program. If the client makes an email request for cancellation after the challenge has been paid, the customer is not entitled to a refund; this includes failure to complete any of the stages (Phase 1 & Phase 2). Furthermore, owing to the client's inability to keep within the limitations of goal profit percentage, daily loss percentage authorized, and Total Maximum loss percent balance permitted, the customer will not be entitled to a refund. Customers who overpay for a challenge will receive a full refund of the amount they paid for the outstanding balance. This includes paying twice for the same account toward the same challenge. If a customer ends the Phase 1 challenge or Phase 2 challenge in profits but did not meet the required target profit %, this will not entitle the customer to a refund nor a retry without an initial deposit towards a new challenge. It is the customer's responsibility to learn about the evaluation program's rules and regulations including parameters percentages allowed, furthermore it is also the customer's responsibility to learn and acknowledge what is not allowed during the evaluation process this includes all the FAQ listed on our website. By sending an e-mail to ocqfund@gmail.com, the Customer may request the termination of the Evaluation at any time. Sending a request to cancel the evaluation process is regarded as a request by the Customer to terminate the contract, with the Customer losing access to the Services, including the Client Section (if any) and Trading Platform. The Provider will send an email to the Customer to confirm receipt of the request, at which point the contractual relationship between the Customer and the Provider will be dissolved. The Customer is not entitled to a refund of any fees previously paid or other expenditures spent in this situation.If the Customer engages in any of the forbidden practices repeatedly, and the Provider has previously notified the Customer thereof, the Provider may prevent the Customer from accessing all Services or their parts, including access to the Client Section(if any) and Trading Platform, without any compensation. In such a case, the Customer is not entitled to a refund of the fees paid. After paying the fee for the selected option of the OCQFUND evaluation program, the Customer will receive the relevant login data for the Trading Platform at the e-mail address provided by the Customer. The Customer activates the account by receiving the account credential. IF YOU ARE A CONSUMER, YOU ACKNOWLEDGE THAT, BY OPENING THE FIRST TRADE, YOU EXPRESSLY DEMAND THE PROVIDER TO COMPLETE THE SERVICES BEFORE THE EXPIRY OF THE PERIOD FOR WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO WITHDRAW FROM THE CONTRACT. If you do not activate the OCQFUND account within 30 calendar days of the date on which it was made available to you, your access to it will be suspended without any right to a refund of the fee.If the Customer files an unjustifiable complaint about the paid fee or disputes the paid fee with the Customer's bank or payment service provider (e.g., through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation, or refund of the fee or any part thereof is requested, the Provider reserves the right, at its sole discretion, to stop providing any services to the Customer and refuse any future provision of any services.
Section 19 – Disputes
Once you dispute an order payment it has an adverse impact on the company, financially, and causes a damage to our company profile in the eyes of the Payment Gateway. Hence, according to our policy, we will be banning accounts (directly involved in the dispute/against the same order number) of traders who dispute their payments and moving forward we will not entertain any requests to unban the accounts(s). The user who is involved in a disputed transaction in the normal course of the business, where there has not been any problem on our side, such users wont be eligible for any futher accounts with OCQFUND and all their other active accounts, with current balance over and above the initial balance, will be refunded as well.This policy is in place to protect OCQFUND from any financial adversity as well as to ensure the long term viability of the brand name.
Section 20 – Entire Agreement
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exert or enforce such right or provision. These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and govern your use of theService, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service should not be interpreted against the party who drafted them.
Section 21 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law user’s legal jurisdicton.
Section 22 – Local Law
It's recommended to know your local regulations if there are any. You’re taking service as per your own risk and responsibilities. By declaring that you are over 18 years old and thereby OCQFUND isn’t responsible for any action taken by its customer. If there is any violation of local law, you are solely responsible for this.
Section 23 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.