UPVAY GENERAL TERMS AND CONDITIONS
By accessing and using the website www.upvay.com (the “Website”), you confirm that you are a business user over the age of 18 years and authorized to utilize the Website. By proceeding, you acknowledge and agree to be bound by the following distinct and original terms and conditions.
These General Terms and Conditions, along with any associated documents (referred to as the “Terms”), govern your rights and obligations in connection with the use of services provided by Upvay (referred to as the “Services”), primarily made available through our user-friendly Website. Whether you are browsing as a guest or a registered user, it is important to understand that these Terms exclusively govern your access to and use of the Website, unless specific terms and conditions are explicitly provided for particular sections of the Website.
If you do not agree to abide by these distinct Terms or are unable to comply with them, we kindly request that you refrain from using the Website. By proceeding to use our interactive Website, you explicitly confirm your acceptance and agreement to be legally bound by these uniquely crafted Terms.)
To ensure clarity, in these Terms, references to “we,” “us,” “our,” “Upvay,” “Provider,” and “ourselves” pertain to UPV GROUP a.s., a company incorporated in the Czech republic with registered offices at Na Folimance 2155/15, Vinohrady, 120 00 Praha.
Please be aware that the use of our Website encompasses activities such as accessing, browsing, or registering to use our Website. We may occasionally make modifications to these Terms and will provide a revised version on the Website. Upon posting and/or uploading the updated Terms on the Website, you will be bound by the revised Terms. We recommend that you print a copy of these Terms for future reference and periodically visit the Website and this specific web page to ensure that you stay informed about any changes that may have been implemented.
We hereby grant you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with these Terms. Any utilization of the Website not explicitly permitted under these Terms is strictly prohibited.
These Terms govern the rights and obligations of the Customer (“you” or “your”) in relation to the use of the Services provided by Upvay. By utilizing the Services for the first time, whether through registration on the Website or without the need for registration, you agree to enter into a contract with Upvay.
The contract pertains to the provision of the Services of your choice. By entering into the contract with Upvay, you acknowledge that these Terms constitute an integral part of the contract, and your agreement to these Terms is implied. These Terms establish the foundation upon which we undertake to provide the Services.
These Terms, including any subsequent amendments, supersede any prior agreement between you and Upvay concerning the same subject matter. These Terms come into effect between you and Upvay upon your acceptance.
Notwithstanding the information provided in the preceding sections, it is explicitly agreed that the Services offered by Upvay are exclusively intended for individuals who are 18 years of age or older and reside in a country where the Services are available. If you are under 18 years of age, you are prohibited from using the Services.
By accessing the Services, you confirm and guarantee that you will only do so from a country where the Services are permitted, and you commit to using the Services in full compliance with all applicable laws and regulations. It is important to acknowledge that access to and use of the Services may be restricted or prohibited by law in certain jurisdictions. We reserve the right to restrict access to specific areas of the Website, and you agree to promptly notify us of any unauthorized use of your member name, password, or account. We shall not be held liable for any losses arising from unauthorized use of your account, and you agree to indemnify us for any improper, unauthorized, or illegal use of your account.
The Services provided by Upvay include tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on different financial markets. Additionally, the Services encompass the provision of analytical tools, training and educational materials, and other related services, primarily through the Upvay Dashboard or by granting access to applications offered by Upvay or third-party providers. Please note that while the simulated trading utilizes financial market information, any trading performed through the Services is not real. The funds provided to you for demo trading purposes are purely fictitious, and you have no rights or entitlements to these fictitious funds beyond their use within the Services. They cannot be utilized for actual trading, and you are not entitled to receive any payment based on the results of simulated trading, nor are you obligated to cover any losses unless expressly agreed otherwise.
We want to ensure complete clarity regarding the nature of our Services:
- Firstly, it is important to note that none of the Services offered by Upvay should be regarded or considered as investment services, as defined and described by applicable laws.
- Secondly, it is explicitly understood and agreed upon between Upvay as the service provider and you as the customer that we do not provide any guidance, instructions, or information regarding how you should conduct transactions when using the Services or otherwise. Similarly, we do not seek or accept any such guidance, instructions, or information from you.
- Thirdly, it is explicitly understood and agreed that none of the Services constitute investment advice or recommendations.
- We confirm that none of our employees, staff, or representatives are authorized to provide you with any form of investment advice or recommendations. To avoid any misunderstandings, we want to emphasize that if any information or statement from an employee, staff member, or representative of Upvay could be interpreted by you as investment advice or recommendations, Upvay explicitly disclaims that such information or statement constitutes investment advice or recommendations, and Upvay shall not be held responsible for such interpretations.
The provision of Services will commence once the Customer places an order with Upvay.
To initiate the required order, the Customer must complete a suitable registration or order form and submit it to Upvay through our Website. It is agreed that all data provided by the Customer, whether through the registration or order form, the Upvay Dashboard, or any other means, must be fully completed, true, accurate, and up-to-date. In the event of any changes or amendments, the Customer must promptly notify Upvay or update the data within the Upvay Dashboard. Please note that Upvay is not obligated to verify the provided data.
Upon valid submission and approval of the Customer’s registration or order form, Upvay will provide the necessary details via email within a reasonable timeframe. These details will enable the Customer to log in to the Upvay Dashboard and/or Trading Platform, granting access to the Services.
The Customer acknowledges and agrees that if they provide an identification number, tax registration number, or similar information in the registration or order form or within the Upvay Dashboard, or if they indicate that they are a legal entity, they will be considered an independent contractor for the purposes of these Terms and when utilizing the Services. Consequently, certain provisions of these Terms or applicable consumer protection laws may not apply to the Customer.
The fee for the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation may vary depending on the selected option and is based on factors such as the initial practice capital amount, acceptable risk level, fulfillment of specific criteria for meeting the conditions of the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation, and other possible configurations. Detailed information regarding the individual options and corresponding fees can be found on our website. The fee will be determined based on the option selected by the Customer when completing the order form for the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation. Upvay reserves the right to offer the Services under individually agreed conditions, which will be determined at Upvay’s discretion. Please note that individual discounts and other benefits cannot be combined, unless expressly specified otherwise by Upvay.
By accessing the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation or the Services provided within the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation, the Customer agrees to pay the applicable fee. It is important to understand that the fee is non-refundable under any circumstances, including but not limited to the following: if the Customer cancels the Upvay Dashboard or requests cancellation via email, if the Customer terminates the use of the Services prematurely (e.g., failure to complete the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation), if the Customer fails to meet the conditions of the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation, or if the Customer violates these Terms.
If a Customer raises an unsubstantiated complaint regarding the paid fee or disputes the fee with their financial institution or payment service provider (e.g., through dispute resolution services), leading to a request for fee annulment, cancellation, or refund, Upvay retains the right, at its discretion, to discontinue the provision of services and reject any future service requests. Additionally, Upvay reserves the right to seek compensation for any resulting losses or damages.
Once a selection is made, it cannot be altered.
Upvay maintains the right to unilaterally modify fees and service parameters at any time, including those necessary for successful completion. These changes will not impact services purchased prior to the notification of such amendments.
The Customer acknowledges and agrees that data entered in the order form may be reviewed, corrected, and modified until the order is finalized. The order is deemed complete upon submission, with Upvay promptly confirming receipt via email. The contract is executed upon delivery of the confirmation to the Customer’s email address. For the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation, the order is considered complete upon payment of the selected option’s fee, finalizing the contract between the Customer and Upvay for the provision of the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation, subject to meeting the evaluation’s conditions. The contract is concluded in English. Please note that Upvay securely archives the contract in electronic form without granting external access.
The Customer acknowledges and agrees that, in order to utilize our Services, they are responsible for obtaining all necessary technical equipment and software, including, but not limited to, any third-party software required for the use of the Trading Platform, at their own risk and expense. We confirm that our Website is accessible through commonly used web browsers. The Customer assumes all risks and expenses associated with internet access, equipment purchases, and web browser acquisition, including any necessary updates. The Provider does not guarantee or warrant compatibility of the Services with specific equipment or software. Additionally, the Provider does not impose any additional fees for internet connectivity.
The Customer acknowledges that Upvay is not a broker and does not accept deposits. The technical solution provided for the Upvay platforms and data feed is powered by third party brokers and is subject to change at the discretion of Upvay without prior notice to the client.
4. UPVAY DASHBOARD
The Customer acknowledges and agrees that only one Upvay Dashboard is permitted and all of the Customer’s Services must be managed within the Upvay Dashboard.
The total number of Upvay 2-Phase Evaluation and/or 1-Phase Evaluation per Upvay Dashboard may be subject to limitations based on the total sum of the initial capital amounts of the products ordered by the Customer or other parameters agreed upon by Upvay. Unless Upvay grants an exception, the initial capital amounts may not be transferred or combined between individual products. The Customer has the right to choose not to transfer or combine their performance, service parameters, data, or any other information between the products.
Access to the Upvay Dashboard and Trading Platform is protected by login credentials, which the Customer must not share with any third party. If the Customer is a legal entity, they have the right to grant access to the Services through the Upvay Dashboard to their employees or other authorized representatives. In such cases, the Customer assumes responsibility for all activities carried out through the Customer’s Upvay Dashboard or Trading Platform. Upvay bears no responsibility for any misuse of the Upvay Dashboard, Trading Platform, or any part of the Services, and the Customer is not entitled to any compensation for any negative consequences resulting from such misuse, regardless of the cause.
The Customer acknowledges that the availability of the Services, including the Upvay Dashboard and Trading Platform, may be subject to interruptions for maintenance, upgrades, or other reasons. Upvay bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Upvay Dashboard or Trading Platform or for any damage or loss of data or other content uploaded, transferred, or saved through the Upvay Dashboard or Trading Platform.
The Customer may request the cancellation of the Upvay Dashboard at any time by sending an email to firstname.lastname@example.org. If the Customer submits a cancellation request, it will be considered a termination request for the contract by the Customer, resulting in the Customer no longer being entitled to use the Services, including the Upvay Dashboard and Trading Platform. Upon receipt of the request, Upvay will promptly confirm its receipt by email, thereby terminating the contractual relationship between the Customer and Upvay. In such cases, the Customer is not entitled to a refund of any fees already paid or any other costs incurred.
5. PAYMENT CONDITIONS
The fees for the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation options are quoted in United States Dollars (USD). Payments can also be made in other currencies listed on the Website. If payment is made in a currency other than USD, the fee for the selected Upvay 2-Phase Evaluation and/or 1-Phase Evaluation option will be converted using the exchange rate listed on https://exchangeratesapi.io/. The Customer acknowledges that if payment is made in a different currency, the amount will be converted based on the prevailing exchange rates at the time of payment.
Service charges include all applicable taxes. In the event that the Customer is a member, they are responsible for fulfilling all tax obligations in connection with the use of our Services in accordance with the applicable laws. It is the Customer’s responsibility to ensure proper payment of taxes or any other relevant fees.
The Customer can make payment for the selected Upvay 2-Phase Evaluation and/or 1-Phase Evaluation option using a payment card, Cryptocurrency or other payment methods currently offered by Upvay on the Website.
If payment is made using a payment card or any other express payment method, the Customer is required to make immediate payment without undue delay. The Customer agrees and undertakes to pay the amount within the specified period indicated in the Pro-forma invoice. The fee will be considered fully paid only when the full amount is credited to Upvay’s account. It is important to note that failure to pay the amount as specified may result in immediate cancellation of the order by Upvay. The Customer also agrees to bear any fees charged by the selected payment service provider, as per the provider’s valid price list, in connection with the transaction. The Customer is obligated to ensure that the respective fee for the selected Upvay 2-Phase Evaluation and/or 1-Phase Evaluation is paid in full in accordance with these Terms.
6. Rules of demo trading
During the demo trading on the Trading Platform, you are allowed to perform any transactions, unless they constitute prohibited trading strategies or transactions as defined in these Terms. Please note that certain trading conditions may impose restrictions on the Trading Platform you have selected for trading.
You acknowledge and agree that Upvay has access to information about the demo trades you perform on the Trading Platform. By using the Services, you consent to Upvay sharing this information with affiliated persons/entities within the Upvay group or otherwise affiliated with Upvay. You grant Upvay and these affiliated persons/entities the consent and authorization to handle this information as they see fit. You also acknowledge that these activities may be performed automatically without requiring further consent, consultation, or approval from you, and you are not entitled to any remuneration or revenue associated with the use of this data by Upvay. It is important to note that you do not provide Upvay with any investment advice or recommendations through your demo trading. You have the right to suspend your demo trading on the Trading Platform at any time.
Upvay assumes no responsibility for the information displayed on the Trading Platform, nor for any interruptions, delays, or inaccuracies in the market information displayed through your Upvay Dashboard.
7. Limitations and/or bans during the practice trading period
During the demo trading, it is strictly prohibited to engage in the following activities:
- Using business strategies that exploit errors in the display of prices or delays in their updates.
- Performing transactions using straddling, which involves opening both buy and sell pending orders before economic news releases.
- Engaging in transactions using external data feeds.
- Conducting transactions or combinations of transactions with the intention of manipulating trading.
- Participating in trades or combinations of trades, either alone or with any third party, including between connected accounts or accounts held with different Upvay accounts, with the purpose of manipulating trading. This includes simultaneously entering into opposite positions.
- Performing transactions that violate these Terms and/or any other terms agreed upon between you and Upvay, as well as the rules of the trading platform.
- Engaging in transactions that contradict the standard practices of trading on the forex market or any other financial market, or engaging in activities that raise justifiable concerns about potential financial harm or damage to Upvay resulting from the customer’s actions.
The Customer is allowed to use EAs as long as they are not used in the following prohibited ways: copy trading of other persons’ signals, tick scalping, latency arbitrage trading, reverse arbitrage trading, hedge arbitrage trading, or any use of emulators. It is important to note that a violation of this section constitutes a breach, and any accounts using these types of EAs will be immediately canceled, banned, and not eligible for a refund. To ensure compliance, the Customer must submit their EA to email@example.com for approval and record-keeping purposes.
Upvay reserves the right to adjust the risk level of your trading strategy, which may involve reducing your leverage or profit split. This will only be done if our team of risk managers determines that your trading style falls into one of the restricted categories. The following practices are restricted:
- Over Leveraging
- Over Exposure
- Account Rolling
- One-Sided Bets
- Account management by 3rd parties
- Copy trading from signal providers or 3rd parties
For a detailed explanation of the prohibited trading practices, please refer to the help section at upvay.com/faq
If the Customer wishes to engage in any of the practices described above:
- Upvay may consider it a failure to meet the conditions of the specific Upvay 2-Phase Evaluation and/or 1-Phase Evaluation or Funded account.
- Upvay may remove transactions that violate the prohibition from the Customer’s trading history and may not count their results in the profits and/or losses achieved through demo trading.
If the Customer repeatedly engages in any of the prohibited practices and has been previously notified by Upvay, we may restrict the Customer’s access to all Services or their parts, including the Upvay Dashboard and Trading Platform, without any compensation. In such a case, the Customer is not entitled to a refund of any fees paid.
It is agreed that Upvay shall not be held responsible for any trading or investment activities performed by the Customer outside the scope of Upvay’s services. This includes the use of data or information from the Upvay Dashboard, Trading Platform, or any other sources related to the Services for real trading on financial markets. Upvay is not liable even if the Customer uses the same Trading Platform for demo trading and real trading.
It is acknowledged that financial markets undergo frequent and abrupt changes, and trading on financial markets carries the risk of significant financial losses. It is important to note that previous performances and profits from the Customer’s demo trading do not guarantee or indicate future performance.
8. Evaluation process
Once payment is made for the selected option of the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation, the Customer will receive the relevant login data for the Trading Platform at the email address provided by the Customer or in the Upvay Dashboard.
The Customer activates the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation process by making their purchase and receiving account details in the Trading Platform. The activation date will be recorded in the Trading Platform.
If you are a consumer, it is important to note that by opening the first demo trade, you expressly request the completion of the services before the expiration of the withdrawal period. This affects your right to withdraw from the contract as detailed below. Failure to activate the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation process within 30 calendar days from the availability date will result in the suspension of access.
The Customer has the right to request access renewal through the Upvay Dashboard or by sending an email to firstname.lastname@example.org within 6 months of the suspension. Failure to proceed with the renewal as stated herein will result in the termination of the Services without any entitlement to a refund of the fee. The Upvay 2-Phase Evaluation and/or 1-Phase Evaluation process has a duration of 30 calendar days from the date of activation.
To meet the conditions of the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation process, the Customer must fulfill the following requirements simultaneously by the end of the evaluation period:
- Open at least one demo trade on a minimum of ten to twelve different calendar days during the evaluation.
- Report no losses exceeding a total of 5% of the initial demo capital (or 4% loss for ONE STEP challenge) on any demo trades opened and closed on a given calendar day, or 8% overall (or 6% loss for ONE STEP challenge), throughout the duration of the evaluation.
- During the Funded account phase, the Customer has to opened at least one demo trade on at least eight different calendar days;
The detailed explanation of the above requirements can be found in the FAQ section on the upvay.com website.
If the Customer has fulfilled the conditions of the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation challenge and has not violated these Terms, including the rules of demo trading under Section 6, the Provider will evaluate the Upvay Challenge as successful. The Customer can request the evaluation of the Upvay Challenge at any time by sending a request to email@example.com or via the Upvay Dashboard. Please note that the Provider may not evaluate the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation if the Customer has not closed all trades.
9. Upvay trader
The Services of the Upvay Trader are provided to the Customer on the basis of an individual agreement executed between the Customer and Upvay (“Upvay Trader Agreement”).
Provider recommending Customer as a candidate for the Upvay Trader Program in no way guarantees Customer’s acceptance into the Upvay Trader Program, i.e. that Upvay would enter into the Upvay Trader Agreement with the Customer. The provider is not responsible for the Customer being rejected by the Upvay Trader Program for any or no reason.
The Customer acknowledges that Upvay with whom the customer executes the Upvay Trader Agreement may require that the Customer meets any additional conditions that may be justifiably required from the Customer in connection with the execution of the Upvay Trader Agreement.
The Customer further acknowledges that the person/entity with whom the Customer is to execute the Upvay Trader Agreement may refuse to execute the agreement if the Customer has breached the conditions under Section 7. In such a case, the Customer is not entitled to a refund of the fees for the relevant Upvay 2-Phase Evaluation and/or 1-Phase Evaluation model.
10. The utilization of the website, services, and other content
Both the Customer and the Provider agree to adhere to the principles of ethical conduct in fulfilling the contract and engaging in mutual negotiations, ensuring that the reputation and legitimate interests of both parties remain intact. Any potential disputes or disagreements between the Customer and the Provider shall be resolved in accordance with these Terms and the applicable laws. In addition to the explicitly granted rights stated in these Terms, no other rights are conferred upon the Customer with regard to the Services and other Content. The Customer is permitted to utilize the Services and other Content solely as outlined in these Terms. When accessing the Services and other Content, the following actions are prohibited:
- Employing any tools that may disrupt the functioning of the Website and Services or exploit any errors, bugs, or vulnerabilities present within them.
- Bypassing geographical or technical restrictions imposed on availability.
- Making unauthorized copies or backups of the Website and other Content.
- Engaging in reverse-engineering, decompiling, disassembling, or modifying the Website and other Content.
- Selling, renting, lending, licensing, distributing, reproducing, disseminating, streaming, broadcasting, or utilizing the Services or other Content in any manner not explicitly permitted.
- Employing automated means to access, display, or gather information from the Website or Services.
- Using any tools or methods that may cause harm or damage to the Provider.
11. Personal Data
Subject to the provisions in these Terms and to the extent permitted by applicable laws, we have not made, and shall not be considered to have made, any representations and/or warranties, whether express or implied, statutory or otherwise, regarding your legal rights and obligations related to the Terms and/or Services. We expressly disclaim all warranties without any limitations.
- You acknowledge and accept that the Services and other content are provided “as is” and may contain errors, defects, and limitations. Your use of the Services is solely at your own risk and responsibility.
- We disclaim any warranties, whether statutory, contractual, express, or implied, including but not limited to warranties of quality, merchantability, fitness for a particular purpose, and non-infringement of any rights.
- We are not liable for any harm, including indirect, incidental, special, punitive, or consequential damages, such as lost profits, data loss, personal or non-monetary harm, or property damage, arising from the use of the Services or reliance on any tool, functionality, information, or content available on the Website or elsewhere.
- We are not responsible for any third-party products, services, applications, or content that you use in connection with the Services.
If our liability is established by a court of justice or any other competent authority in connection with the operation of the Website or provision of the Services, our liability shall be limited to the amount equivalent to the fee paid by you for the specific Services that caused the loss.
Please note that these disclaimers do not affect your consumer rights or any other rights that cannot be excluded by law.
13. Event of default
Any of the following events or circumstances shall be considered an event of default:
- If the customer violates any provision of these terms in a manner that may harm the Provider or is in conflict with these Terms.
- If the customer provides incomplete, false, or outdated information that contradicts these Terms.
- If the customer engages in actions that could damage the Provider’s reputation.
- If the customer breaches the demo trading rules outlined in these Terms.
- If the customer acts in conflict with the provisions under the section “Use of the website, Services, and other content” of these Terms.
In the event of an event of default, the Provider may take the following actions without prior notice and without providing any compensation:
- Prevent the customer from ordering any other services.
- Partially or completely restrict the customer’s access to all or some of the services, including access to the Upvay Dashboard and Trading Platform.
All notices or communications between the parties shall be in writing and may be sent through the Upvay Dashboard or via the registered email address. Written electronic communication through email or the Upvay Dashboard shall be considered as valid written communication. The notices or communications shall be deemed to have been received:
- If sent to our email address, firstname.lastname@example.org, on the next business day.
- If sent to our contact address MARSA DUBAI, OFFICE 2906 80F MARINA PLAZA, upon signature of a delivery receipt or when the notice is left at the designated address.
This provision does not apply to the service of legal proceedings or other documents in any legal action or, where applicable, any arbitration or alternative dispute resolution process. All notices or information provided by either party or received from the other party shall be in the English language.
15. Termination and Withdrawal
Without prejudice to any other rights or remedies available to us, we reserve the right to terminate the contract for the provision of our services to you by giving you notice of termination.
If you are acting as a consumer, you have the right to withdraw from the contract within 48 hours of its execution as specified in these Terms. However, it is important to note that once you begin engaging in fictitious trades, the right of withdrawal no longer applies.
If you wish to exercise your right of withdrawal in accordance with the aforementioned subclause of these Terms, you must send a written withdrawal notice to our email address, email@example.com.
Upon receipt of your withdrawal notice, we will promptly confirm its receipt to you in written form. Assuming your withdrawal is valid and fully compliant with these Terms, we will refund all fees you have paid to us without undue delay, using the same method of payment you used for the initial transaction. The refund will be processed within 14 days after we receive your withdrawal notice.
The Provider is authorized to immediately terminate the contract in the event of any breach by the Customer as described in these Terms below.
16. Limitation of liability
In any proceedings related to a breach of these Terms, we may rely on any limitation of liability stated in this clause or other provisions of these Terms.
Unless otherwise agreed between you and us or stated otherwise in these Terms, we shall not be held liable for any loss, liability, or cost incurred by you as a result of providing the Services.
The Provider does not provide any guarantee regarding the quality of the Services. If the Services do not meet the agreed-upon terms or have not been provided to you, you have the right to exercise your rights for defective performance.
If this clause applies, you must promptly notify us of the defect by contacting us at the email address firstname.lastname@example.org provided in these Terms. When exercising your rights for defective performance, you may request that we rectify the defect or provide you with a reasonable discount. If the defect cannot be rectified, you have the option to withdraw from the contract or claim a reasonable discount.
We will make every effort to resolve any complaints you may have as soon as possible (within 30 calendar days), and we will provide you with written confirmation of its receipt and resolution.
If we fail to settle your complaint within the specified time frame, you have the right to withdraw from the contract. To file a complaint, please send an email to our designated email address at email@example.com.
You acknowledge and confirm that while we may send trade-related notifications via email or other means, we shall not be held liable for any losses or damages incurred as a result of any failure to send such notifications.
17. Updates and Amendments
We reserve the right to periodically update, revise, and amend our Website, including these Terms. We may modify the content at any time, and such changes will take immediate effect for new customers and new orders of the Services placed by existing customers.
Please note that, for the purpose of this clause, we agree to notify existing customers of any changes to the Terms through the Upvay Dashboard or via email.
It is important to clarify that the Upvay 2-Phase Evaluation and/or 1-Phase Evaluation process will be provided based on the version of the Terms that was valid and effective at the time the respective Upvay 2-Phase Evaluation and/or 1-Phase Evaluation was ordered.
The Provider retains the right to modify, change, replace, add, or remove any elements and features of the Services at any time, without providing any form of compensation.
18. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Website, including the Upvay Dashboard, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website, including the Upvay Dashboard, for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site, including the Upvay Dashboard, must always be acknowledged.
You must not use any part of the content on our site, including the Upvay Dashboard, for commercial purposes without obtaining a license to do so from us or our licensors.
The Website and all Services, including the Upvay Dashboard, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of Upvay or Upvay’s licensors.
Upvay grants you a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content, including the Upvay Dashboard, for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of Upvay or Upvay’s licensors.
All trademarks, logos, trade names, and other designations are the property of Upvay or Upvay’s licensors, and Upvay does not grant you any authorization to use them.
19. Waiver and prohibition of transfer
No failure or delay by Upvay to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
These Terms are personal to the parties and neither party shall assign, transfer, or deal in any other manner with any of its rights and obligations under these Terms.
20. Force majeure intervention
We shall not be in breach of these Terms nor liable for any delay in performing or failure to perform any of our obligations under these Terms if such delay or failure is caused by events, circumstances, or causes beyond our reasonable control. In such cases, the time for performance of the affected obligations shall be extended by a period equal to the duration of the delay or failure. If the delay or non-performance continues for an unreasonable period of time, either party may terminate this agreement by providing written notice of termination with a notice period of 15 days.
21. Administrative language
These Terms, along with any additional terms and agreements (both current and future), are written in English. Any translations provided in other languages are for convenience purposes only. In the event of any inconsistency or discrepancy between the original English texts and their translations into other languages, the original English version shall prevail.
22. Electronic signatures
We agree to accept the relevant contract through electronic signature, in any form it may take, and acknowledge that this method of signature is equally binding and conclusive of our intention to be bound by these Terms and/or the contract, as if signed with our handwritten signatures.
23. Definitions, expressions and abbreviations used
- “Upvay Dashboard” means the user interface located on the Website;
- “Content” means the Website and all Services, including without any limitation the Upvay Dashboard, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Website and the Services;
- “Customer” means the user of the Services;
- “Upvay Trader Agreement” means an agreement executed between the Customer and a third party, the subject of which is the management and maintenance of the Upvay Trader;
- “Provider” means the provider of certain Services (as set out in section 1 herein above);
- “Schedules” means Schedules 1 and 2, which are part of these Terms;
- “Services” means the Provider’s services and include, inter alia, the Upvay 2-Phase Evaluation; this product may differ in the scope of the Services provided (e.g., by analytical tools available to the Customer).
- “Terms” means these General Terms and Conditions of Upvay funding;
- “Trading Platform” means an electronic interface provided by MetaQuotes Metatrader 4 and 5, a third-party software in which the Customer performs the demo trading;
- “Website” means the website upvay.com.