Term's and Conditions
Welcome to The Afinity (afinity.com). These Terms and Conditions (“Terms”) govern your access to and use of the The Afinity website (the “Website”), our platform, and the services we provide, including expert-led trading courses, access to funded accounts, and real-time market analysis (collectively, the “Services”). By accessing or using our Services, you (“you” or “User”) agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms:
By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Trading Policy (if applicable to funded accounts), and any other guidelines or rules posted on the Website. If you do not agree to these Terms, you may not access or use our Services.
2. Eligibility:
You must be of legal age in your jurisdiction and have the legal capacity to enter into binding contracts to use our Services.
By registering for an account and participating in our courses or applying for funded accounts, you represent and warrant that you meet these eligibility requirements.
3. Account Registration:
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
The Afinity reserves the right to suspend or terminate your account at its sole discretion, without prior notice, for any reason, including but not limited to violation of these Terms.
4. Courses and Learning Materials:
Enrollment in our courses is subject to the specific terms and conditions outlined for each course. Fees may apply for course enrollment, as specified on the Website.
Upon enrollment and payment (if applicable), you will be granted a limited, non-exclusive, non-transferable license to access and use the course materials for your personal learning purposes only.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any course materials without the express written consent of The Afinity.
The Afinity reserves the right to modify, update, or discontinue any course or its content at any time.
5. Funded Accounts (If Applicable):
The opportunity to access funded accounts is subject to specific eligibility criteria, evaluation processes, and the terms and conditions outlined in our separate Trading Policy.
Successful completion of courses does not guarantee access to a funded account. The Afinity reserves the right to determine, at its sole discretion, whether a trader meets the criteria for a funded account.
Funded accounts are subject to the rules and regulations set forth in the Trading Policy, which you agree to adhere to.
6. Real-Time Market Analysis:
Any market analysis provided through our Services is for informational and educational purposes only and should not be considered financial advice.
The Afinity does not guarantee the accuracy, completeness, or timeliness of any market analysis and shall not be liable for any trading decisions made based on this information.
You acknowledge that trading in financial markets involves significant risk of loss.
7. Fees and Payments:
Fees for courses and any other applicable charges will be clearly displayed on the Website.
You agree to pay all applicable fees in the currency and through the payment methods specified by The Afinity.
Payments are generally non-refundable, except as expressly stated in our Refund Policy (if applicable).
8. Intellectual Property:
The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, images, software, and code) are owned by The Afinity and are protected by copyright, trademark, and other intellectual property laws.
The trademarks, service marks, and logos of The Afinity used and displayed on the Services are registered and unregistered trademarks or service marks of The Afinity. You may not use these marks without our prior written consent.
9. User Content:
You may be permitted to submit, upload, or post content to the Services (e.g., feedback, comments in forums). You retain ownership of your User Content.
By submitting User Content, you grant The Afinity a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, host, store, reproduce, modify, publish, distribute, and display your User Content in connection with the Services.
You represent and warrant that your User Content does not violate any third-party rights (including intellectual property rights and privacy rights) and that it complies with all applicable laws and regulations.
10. Prohibited Conduct:
You agree not to engage in any of the following prohibited conduct:
Violating any applicable laws, regulations, or third-party rights.
Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
Interfering with or disrupting the operation of the Services or the servers and networks used to make the Services available.
Attempting to gain unauthorized access to any part of the Services or other users’ accounts.
Engaging in any form of market manipulation or abusive trading practices (if applicable).
Using any automated means (e.g., bots, scripts) to access or use the Services without our express written permission.
Uploading or transmitting any viruses, malware, or other harmful code.
Collecting or harvesting any personally identifiable information from other users without their consent.
11. Disclaimer of Warranties:
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE AFINITY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT TRADING AND AFFILIATE MARKETING INVOLVE RISKS AND THAT PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. THE AFINITY DOES NOT PROVIDE FINANCIAL ADVICE.
12. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AFINITY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE AFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AFINITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO THE AFINITY (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification:
You agree to indemnify, defend, and hold harmless The Afinity, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms, your User Content, your use of the Services, or your violation of any law or the rights of a third party.
14. Governing Law and Dispute Resolution:
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Ranchi, Jharkhand, India.
15. Termination:
The Afinity may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
You may terminate your account at any time by following the instructions on the Website.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, disclaimers of warranties, limitations of liability, and indemnification.
16. Entire Agreement:
These Terms, together with our Privacy Policy, Trading Policy (if applicable), and any other legal notices or guidelines posted on the Website, constitute the entire agreement between you and The Afinity regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
17. Severability:
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
18. Waiver:
The failure of The Afinity to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19. Contact Us:
If you have any questions about these Terms or the Services, please contact us at:
The Afinity
Email: support@theafinity.com
By using our Services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.