Welcome to Glow Node’s Terms of Service
This GLOW NODE Terms of Service (the “Terms”, this “Agreement”) governs rights and obligations in connection with the use of services provided by GLOW NODE LTD, offered through the www.glow-node.com website (the “Website”). Please read these Terms carefully. You are under no obligation to use the Services if you do not agree or understand any portion of the Terms.
GLOW NODE LTD, with its registered office at 86-90 PAUL STREET, LONDON, ENGLAND, EC2A 4NE. Company no: 14037065 Registered in the United Kingdom with Companies House (“we”, “our”, or the “GLOW NODE”).
(GLOW NODE and the Customer, hereinafter each referred to individually as a “Party” and collectively as the “Parties”)
This Agreement is concluded electronically as part of the registration for the Services on the Website. You accept the agreement by clicking, in the user interface of the website, on “I accept the Terms of Service”, by which this Agreement shall be concluded. During the registration, you are obligated to truthfully fill in all information about yourself. The information must correspond to the information provided by you during the purchase of the GLOW NODE Challenge. Otherwise, GLOW NODE may refuse to enter into the Agreement with you. By filling in the information about yourself, you are confirming that all such information is true and accurate to the best of your knowledge at the time.
Our Site is not associated with stock exchange. Please read these Terms carefully. If you do not accept these Terms in its entirety, then you cannot use the site or avail our services.
1. PURPOSE OF THE AGREEMENT
1.1. The purpose of this Agreement is to set out the conditions (i) under which the Customer shall be provided by GLOW NODE with instruments for trading, including access to a trading account for trading through their partner broker; (ii) under which the Customer may perform such trades using GLOW NODE Trading instruments. The purpose of this Agreement is also to ensure the Customer’s access to the instruments for trading provided under this Agreement through applications provided by GLOW NODE or third parties.
2. SUBJECT-MATTER OF THE AGREEMENT
2.1. The subject matter of this Agreement is GLOW NODE’s obligation to provide the Customer with instruments for foreign currency trading in the FOREX market or with other instruments in other financial markets, access to trading accounts for trading, analytical instruments, training and educational materials, other accompanying services for advanced traders, to enable the Customer to access and use those services (the “Services”) and, subject to the terms and conditions set out in this Agreement, GLOW NODES’s obligation to pay the Customer a certain financial reward calculated according to the rules defined in this Agreement (the “Reward”).
2.2. Instruments for foreign currency trading and instruments in other financial markets are provided by GLOW NODE’s partner brokers.
2.3. The Customer further undertakes, when using the Services, and in particular when performing trades, to act in accordance with this Agreement, any third parties’ terms and conditions, applicable legal regulations, and other rules which the Customer is obligated to adhere to when using the Services.
3. CUSTOMER REPRESENTATIONS
3.1. The Customer represents and acknowledges that:
3.1.1. no performance provided by GLOW NODE to the Customer under this Agreement, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, GLOW NODE does not receive or execute in any case, whether directly or indirectly, any trading instructions, does not trade on its own account, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to the Customer any trading instructions, does not receive any assets from, or manage any assets for, the Customer, and does not provide any related foreign exchange services;
3.1.2. no employees or other staff or representatives of GLOW NODE are authorised to provide services within the meaning of Clause 3.1.1;
3.1.3. the execution of a trade within the Services provided shall in no way constitute an instruction to trade in real financial markets or with real currency;
3.1.4. the funds provided to the Customer for trading are not real and that the Customer has no right to deal with them beyond the scope of their use within the Services (in particular that they cannot be used for actual trading), that the Customer is not entitled to withdraw or transfer them, and that GLOW NODE does not in any circumstances receive any funds or other assets from, or manage any funds or other assets for, the Customer within the Services;
3.1.5. if the Customer’s access to the Client Section is cancelled, irrespective of the reason for its cancellation, the Customer shall lose access to the GLOW NODE Account, and thus to the Services, without being entitled to any compensation.
3.2. GLOW NODE does not provide accounts to businesses, we can only offer access to “Individuals”.
3.3. In performing this Agreement, the Customer shall comply with all applicable legal regulations and obtain, and maintain the validity of, all permits, licenses, consents, approvals or other acts issued by the competent authorities, which may apply to the Customer’s activities under this Agreement, and fulfil all notification, tax, fee or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward. The Customer is authorised to access and use the Services
only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall GLOW NODE bear any responsibility for the failure of the Customer to fulfil any of its obligations.
3.4. Customer hereby acknowledges that the demo capital has no monetary value and it’s only a part of the Services provided to the Customer and Customer has no actual right, title or ownership to the demo capital, and that GLOW NODE has all rights, interest and full ownership to demo capital (as part of the Services). The GLOW NODE Account and any and all rights related to the Services that are granted by the GLOW NODE to the Customer by virtue of this Agreement are personal to the Customer and cannot be transferred by contract or otherwise, nor are eligible for inheritance.
4. GLOW NODE ACCOUNT
4.1. GLOW NODE shall provide the Customer with access to a trading account for advanced users, which will be linked to access to the third party trading platforms, as part of the Services. The GLOW NODE Account will always be activated by the performance of the first trade.
4.2. Access to the GLOW NODE Account, is protected by login data that GLOW NODE will display in the Client Section.
4.3. The Customer shall not make available or provide the login data to the GLOW NODE Account, or the Client Section to any third party. The Customer shall not change the trading account password, this will result in immediate termination. The Customer is responsible for the protection of login data and the GLOW NODE Account and for all activities that are performed through the GLOW NODE Account or the trading platform. GLOW NODE shall not be liable, and the Customer is not entitled to any compensation, for any misuse of the GLOW NODE Account or any part of the Services and for any negative consequences thereof for the Customer, if such misuse occurs for any reasons beyond the control of GLOW NODE.
4.5. All data provided by the Customer to GLOW NODE must be complete, true, and up-to-date. In the event of any change in the Customer’s data, the Customer must immediately send a notification to GLOW NODE from the Customer’s registered e-mail address; the notification must be accompanied by documents evidencing the change, if applicable. The Customer is responsible for all the provided data being accurate and up-to-date at all times; GLOW NODE is not obligated to verify the data.
4.6. The GLOW NODE Account and the Services may not be available at all times, in particular with respect to their maintenance, upgrades, technical errors, or for any other reason. In particular, GLOW NODE shall not be liable, and the Customer is not entitled to any compensation, for the unavailability of the GLOW NODE Account, the Client Section, or the Trading Platform, for any damages or loss of any data or other content that the Customer uploads, transfers, or saves via the GLOW NODE Account, the Client Section or the Trading Platform, or for any of GLOW NODE’s interventions or alterations in the Customer’s GLOW NODE Account requested by the Customer. GLOW NODE may decide at its own discretion to compensate the Customer for the unavailability of the Services originating in technical reasons on the part of GLOW NODE. The Customer is not entitled to any compensation, and it is entirely at the discretion of GLOW NODE whether compensation is provided to the Customer and in what form or amount.
4.7. In order to use the Services, the Customer must obtain the appropriate technical equipment and software, including third-party software (e.g. software for the use of the Trading Platform), at the Customer’s own risk and expense. GLOW NODE does not warrant or guarantee that the Services will be compatible with any specific equipment or software. GLOW NODE provides no warranty as to the compatibility of the Services with any particular device, program, or add-on.
5.1. The Customer will perform trades through the Customer’s GLOW NODE Account on the selected Trading Platform. During the trading on the Trading Platform, the Customer may perform any trades, subject to the conditions in Clause 5.2, and unless those trades constitute forbidden trading strategies or practises within the meaning of Clause 5.3. You also agree to follow good market standard rules and practices for trading on financial markets (e.g. risk management rules). Restrictions may also be imposed by the terms and conditions of the Trading Platform.
5.2. The Customer is obligated to comply with the following parameters in the course of the trading under this Agreement for the applicable trading options:
5.2.1. during any Calendar day, the Customer shall not, at any time, incur a loss from the trades opened and closed on that day which would exceed, in addition to the loss or profit currently open on the same day in the GLOW NODE Account, the percentage of the Capital for the respective option as described below:
2 Phase Evaluation – 5%
1 Phase Evaluation – 4%
Instant Funding – No Daily Limits
5.2.2. the value of the capital in all GLOW NODE Accounts which the Customer uses for the trading, including all positions opened in that account, may not at any time fall below the percentage of the Capital for the respective option as described below:
2 Phase Evaluation – 10%
1 Phase Evaluation – 8%
Instant Funding – 5%
5.2.3. Trading based on news is allowed, however, if significant profits are generated due to abnormal price movements, the trade may be reset and you may be asked to demonstrate more consistent trading. Traders should be aware that market fluctuations can occur during news events, which can cause slippage and a delay in the synchronization of a trader's account and our margin account, leading to varying results. As a result, we cannot guarantee any profits made during a news event on a funded account. The parameter in this Section 5.2.3. applies for the respective options as described below:
5.3. FORBIDDEN TRADING PRACTICES.
5.3.1. DURING THE TRADING, IT IS PROHIBITED TO:
(a) KNOWINGLY OR UNKNOWINGLY USE TRADING STRATEGIES THAT EXPLOIT ERRORS IN THE SERVICES SUCH AS ERRORS IN THE DISPLAY OF PRICES OR DELAY IN THEIR UPDATES;
(b) PERFORM TRADES USING AN EXTERNAL OR SLOW DATA FEED;
(c) PERFORM, ALONE OR IN CONCERT WITH ANY OTHER PERSONS, INCLUDING BETWEEN CONNECTED ACCOUNTS, OR ACCOUNTS HELD WITH DIFFERENT GLOW NODE ENTITIES, TRADES OR COMBINATIONS OF TRADES THE PURPOSE OF WHICH IS TO MANIPULATE TRADING, FOR EXAMPLE BY SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS;
(d) PERFORM TRADES IN CONFLICT WITH THE TERMS AND CONDITIONS OF THE PROVIDER OF THE CLIENT SECTION AND THE TERMS AND CONDITIONS OF THE TRADING PLATFORM;
(e) USE ANY SOFTWARE, ARTIFICIAL INTELLIGENCE, ULTRA-HIGH SPEED, OR MASS DATA ENTRY WHICH MIGHT MANIPULATE, ABUSE, OR GIVE YOU AN UNFAIR ADVANTAGE WHEN USING OUR SYSTEMS OR SERVICES; OR
(f) OTHERWISE PERFORM TRADES IN CONTRADICTION WITH HOW TRADING IS ACTUALLY PERFORMED IN THE FOREX MARKET OR IN ANY OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES JUSTIFIED CONCERNS THAT GLOW NODE MIGHT SUFFER FINANCIAL OR OTHER HARM AS A RESULT OF THE CUSTOMER’S ACTIVITIES.
5.3.2. As our Customer, you should understand and you agree that all our Services are for Customer’s personal use only, meaning that only you personally can access your GLOW NODE Account and perform trades. For that reason, you should not, and you agree not to,
(a) allow access to and trading on your GLOW NODE Account by any third party nor you shall engage or cooperate with any third party in order to have such third party perform trades for you, whether such third party is a private person or a professional;
(b) access any third party GLOW NODE Account, trade on behalf of any third party or perform any account management or similar services, where you agree to trade, operate or manage the GLOW NODE Account on behalf of another user, all whether performed as a professional or otherwise.
Please note that if you act or behave in contradiction with the aforesaid, we will consider such action/behaviour as a Forbidden Trading Practice under this Section 5.3 with respective consequences as perceived under this Agreement.
5.3.3. GLOW NODE reserves the right to close any and all open positions in the event that the Customer is using more than 50% of the account margin before the market close.
5.3.4. Furthermore, you shall not exploit the Services by performing trades without applying market standard risk management rules for trading on financial markets, this includes, among others, the following practices (i) opening substantially larger position sizes compared to your other trades, whether on this or any other account of yours, or (ii) opening substantially smaller or larger number of positions compared to your other trades, whether on this or any other account of yours.
GLOW NODE reserves the right to determine, at its own discretion, whether certain trades, practices, strategies or situations are Forbidden Trading Practices.
5.4. If the Customer reaches the target profit, all open positions will be closed and the account will be disabled. If the Customer fails to close positions in time, GLOW NODE will automatically close all open positions on behalf of the Customer. After verification of the legitimacy of the Customer’s entitlement to successfully completing this phase, the Customer shall be allowed to start the next phase, and
5.4.1. GLOW NODE will provide the Customer with new login data for the GLOW NODE Account;
5.4.2. all parameters of the GLOW NODE Account will be reset to the initial values, including the value of the Capital (i.e. in particular all profits and losses shall be annulled).
5.5. all parameters of the GLOW NODE Account, including the current amount of the Capital with which the Customer performs demo trades, will remain unaffected except for the profit target.
5.6. If the Customer engages in any of the Forbidden Trading Practices described in Clause 5.3, the Customer will lose the right to pass the challenge and, in addition, (i) GLOW NODE may remove those demo trades that violate the prohibition from the Customer’s trading history and/or (ii) not count their results in the profits and/or losses achieved by the demo trading, (iii) and/or to immediately cancel the Customer’s GLOW NODE Account and subsequently terminate this Agreement. In case when some or all Forbidden Trading Practices are executed on one or more GLOW NODE Accounts of one Customer, or GLOW NODE Accounts of various Customers, or by combining trading on GLOW NODE and trading through the evaluation, then GLOW NODE is entitled to cancel all GLOW NODE Accounts, and terminate respective agreements, used for or involved in the Forbidden Trading Practices.
5.7. GLOW NODE bears no responsibility for any information displayed on the Trading Platform or for any interruptions, delays or inaccuracies in the market or statistical data displayed through the Trading Platform or the instruments accessible within the Services provided.
5.8. The Customer shall not, alone or in concert with others, including between connected accounts, or accounts held with different GLOW NODE entities, perform the same trading strategy, i.e. perform the same trades in the same time, on multiple GLOW NODE Accounts while performing trading with us. In case GLOW NODE has a reasonable concern that the Customer has not complied with this Clause, GLOW NODE may, at its own discretion and without prior notice (i) permanently decrease the maximum amount of the Capital on each affected GLOW NODE Account proportionally, in a manner that the total demo capital on all affected GLOW NODE Accounts shall together amount to a maximum amount of the Capital, and/or (ii) cancel the concerned GLOW NODE Accounts and/or (iii) immediately terminate this Agreement.
6. PROCESSING DEMO TRADES DATA
6.1. The Customer acknowledges that GLOW NODE has access to information about the demo trades that the Customer performs through the Trading Platform. The Customer grants GLOW NODE a consent to share this information with persons/entities that are members of the same group as GLOW NODE or are otherwise related to it, and grant GLOW NODE and those persons consent and authorisation to freely use this information, including, but not limited to, trade all or some of the demo trades in real financial markets or use them in any other manner. The Customer agrees that such activities may be performed automatically, without any further consent, consultation, or approval by the Customer being necessary, without the entitlement to any reward or yield associated with the use of such data by GLOW NODE or persons/entities that are members of the same group as GLOW NODE or are otherwise related to it, and without the Customer’s entitlement to information about any specific handling of this information.
6.2. The Customer acknowledges that the amount of the Reward or its payment does not in any case depend on whether or in what manner GLOW NODE or the persons that are members of the same group as GLOW NODE use the information about demo trades. The Customer further acknowledges that using the Services under this Agreement is conditional upon granting the consent under this Clause 6. The Customer may however interrupt or terminate the use of the Services at any time; this will however not affect the processing and use of any data obtained earlier.
7.1. The Customer’s entitlement to the Reward and its amount will depend exclusively on the results of the Customer’s trading and fulfilment of the parameters set by GLOW NODE for its payment.
7.2. The Customer will only become entitled to the Reward if the Customer meets all the conditions set out in this Agreement, in particular if the Customer meets all the parameters set out in Clause 5.2, the difference between the value of the remaining balance of the capital in the Customer’s GLOW NODE Account (in which no positions are opened) and the value of the Capital is positive (the “Profit”), and if, the invoice is duly issued. If the Customer does not achieve a Profit, the Customer will not be entitled to any Reward. For the purposes of determining the Customer’s entitlement to the Reward, only the Customer’s results achieved within the Customer’s trades in the GLOW NODE Account will be taken into account.
7.3. The amount of the Reward is 80% of the Profit. The amount of the Reward determined as stated above is final and includes all taxes, whether direct or indirect, including VAT (Value Added Tax), GST (Goods and Services Tax), or similar taxes, levies and fees, which may apply to it under the relevant legal regulations. The Customer is solely responsible and liable for the payment of any and all taxes, whether direct or indirect, including VAT (Value Added Tax), GST (Goods and Services Tax), or similar taxes, levies or fees that apply to the Customer in relation to this Agreement under the applicable laws and acknowledges and agrees that GLOW NODE shall not be liable for any such obligations of the Customer. The currency of the Reward and the payment of the Reward to the Customer will be the same as the currency of the Capital of the Customer’s GLOW NODE Account. The following clauses are included only to provide examples of calculation of the Reward:
7.3.1. For example, the following situation may arise under this Agreement: If the Customer’s Capital corresponds to a balance of USD 100,000 and the Customer begins trading on 5 May 2020 and, after a month, i.e. on 5 June 2020, the Customer has a balance of USD 200,000 in the GLOW NODE Account, the Customer shall become entitled to a Reward of USD 80,000 (i.e. 80% of USD 100,000 [The Profit] equals USD 80,000).
7.3.2. However, also the following situation may arise under this Agreement: If the Customer’s Capital corresponds to a balance of USD 100,000 and the Customer begins trading on 1st of January 2022 and, after a month, i.e. on the 1st of February 2022, the Customer has a balance of USD 95,000 in the GLOW NODE Account, the Customer’s entitlement to the Reward will correspond to USD 0 (80% of the negative value of [USD 95,000 minus USD 100,000] equals USD 0 for the purpose of calculating the Reward).
7.4. Pay-out. The payment of the Reward is made once the Customer emails firstname.lastname@example.org and requests a withdrawal and trading conditions are met. The Pay-out Request can be made on any day of the month. The Profit Split Day can be set in the following time range: (i) at the earliest after 14 days from the start of trading, ie. on the 14th day of receiving the funded account and (ii) up to 10 working days from the withdrawal request. The Customer can make changes to The Pay-out anytime before the withdrawal request is confirmed.
7.5. If the Customer generates a withdrawal request, GLOW NODE will verify the legitimacy of the Customer’s entitlement to the Reward, calculate it and communicate the result to the Customer via email.
7.6. If the Customer states that the Customer wishes to only be paid a part of the Reward, only the Reward in the amount specified will be paid out. The unpaid portion of the Reward will remain available at the given amount to the Customer in the form of trading capital.
7.7. The Reward will be paid to the Customer on the basis of a tax document – invoice. The data on the invoice shall always correspond to the information provided by the Customer in the form specified in Clause 7.5; otherwise, GLOW NODE is not obligated to pay the Reward. The Customer is always responsible for the correctness of the invoice and its compliance with the relevant legal regulations, irrespective of the method of its issuance. The invoice will be issued by GLOW NODE on behalf of the Customer (self-billing mechanism) on the basis of authorisation by the Customer or directly by the Customer, if the authorisation is revoked, as further detailed in Clause 7.7.1 and 7.7.2.
7.7.1. Self-billing. The Customer hereby authorises GLOW NODE to repeatedly issue electronic invoices for the payment of the Reward on behalf of the Customer until such authorisation is revoked. The Customer may be requested to confirm this authorisation in the Client Section. The Customer shall comply with the following:
(a) The Customer must communicate to GLOW NODE, no later than upon the first submission of the withdrawal request in Clause 7.5, all data necessary for the issuance of an invoice in the form that will meet all the requisites set out by the relevant legal regulations, and in the event of any change in these data or requisites, promptly notify GLOW NODE thereof; the notification must be accompanied by documents evidencing the change, if applicable;
(b) If the Customer fails to fulfil the obligations as per the previous paragraph, the Customer may not use the procedure for issuing invoices under this Clause 7.7.1; if the Customer fulfils the obligation under the previous sentence, the invoice will always be issued by GLOW NODE on behalf of the Customer, unless the Customer revokes the authorisation by e-mail. Any invoice issued directly by the Customer and sent to GLOW NODE while the authorisation to issue invoices on behalf of the Customer by GLOW NODE is effective will be disregarded by GLOW NODE.
(c) Invoices will be issued automatically no later than 7 Calendar days from the date on which GLOW NODE receives the withdrawal request under Clause 7.5 from the Customer. The invoices will be due in 14 days.
(d) If an invoice does not contain the requisites set out by the relevant legal regulations, the Customer may notify GLOW NODE thereof within 10 Calendar days from the date of receipt of the invoice, stating the specific deficiencies and quantification of the applicable taxes and fees, and request a corrected invoice. After that period, GLOW NODE is not obligated to correct invoices. GLOW NODE will send a corrected invoice to the Customer within 10 Calendar days from the date of receipt of a relevant timely notification from the Customer. In such a case, the maturity period of the invoice will be interrupted and a new maturity period will begin upon the issuance of a corrected invoice. The Customer is responsible for the content of the invoice so issued and must check the accuracy of the data immediately upon receipt of the issued invoice.
7.7.2. In case the Customer revokes the authorisation for GLOW NODE to issue invoices under Clause 7.7.1 by e-mail, the Customer shall issue the invoice itself. In such case, the Customer shall upload the invoice in an electronic form via email to GLOW NODE to the following e-mail address: email@example.com. The maturity period of any invoice issued by the Customer must be at least 14 days from its delivery to GLOW NODE. If an invoice issued by the Customer does not contain the requisites of a tax document under the relevant legal regulations, GLOW NODE may return it to the Customer to correct the errors and complete the data within 10 Calendar days from the date on which GLOW NODE received the invoice. In such a case, the maturity period of the invoice will be interrupted and a new maturity period shall begin upon the delivery of the corrected faultless invoice to GLOW NODE.
7.8. GLOW NODE will pay the Reward(s) in the manner specified by the Customer. This could be by wireless transfer to the Customer’s account or by any other payment method accepted by GLOW NODE. All fees and costs of effecting the payment charged to the Customer (e.g. charged by a payment provider) are borne by the Customer.
8. ACCEPTANCE OF THE TERMS & CONDITIONS
By downloading or accessing or using our Website or purchasing a subscription or contacting us in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
8.1. You have read, understood, and agreed to be bound by these Terms, any future updates and additions to these Terms, as published from time to time at the Website.
8.2. You are of sound mind and at least of the age of majority as per the laws of State that you reside in, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access the Website.
8.4. We have not previously disabled your account for the violation of law or any of our policies.
8.5. You must not be prohibited under the law applicable to the jurisdiction to which you are subject, from accessing or using our services.
8.6. You understand that we also do not offer financial advice nor do we accept or solicit any kinds of investments. Our service is for educational purposes only. Please read out detailed Disclaimer statement posted on the Site.
9. ACCOUNTS, PASSWORDS AND SECURITY
a) Account Registration: To access various parts of the website, and to avail various services of Glow Node, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
c) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.
10. USE OF THE GLOW NODE SITE
10.1. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with our services, including all the features and functionalities of our website.
b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself.
c) Material: For the purposes of these Terms, “material” shall mean any video, text, graphics, sound material, published on the Website, whether a copyright of Glow Node, its owner/director, its licensors or other users or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website or our software. You must not reproduce any part of the Website or software or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
10.2. Restricted uses:
a) You cannot use the website or software for any illegal or prohibited or restricted purposes, or for committing any fraudulent act.
b) You can’t impersonate others or provide inaccurate information.
c) You must not misuse or interfere with the Website or try to access them using a method other than the interface and the instructions that we provide. You may use the services only as permitted by applicable law, and as per the directions provided by us.
d) You must not:
• republish material from the Website;
• sell, rent or sub-license material from the Website;
• show any material from the Website in public without our consent;
• edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
• reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
• redistribute material from the Website, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms;
• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or other users or any third party;
• We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
• We reserve the right to discontinue our services, or discontinue any of the features, at any time, at our sole discretion.
e) You must not use our Website or software in any way that causes, or may cause, damage to the Website or software or impairment of the availability or accessibility of the Website or software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
f) You must not use our Website or software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
g) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website or software, without our express written consent.
11. OUR CONTENT AND RIGHTS
This website, software, logos, content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of the Glow Node, and/or its licensors, as the case may be. Your use of or access to this Site or software or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to our services, any content, designs, published by us or our licensors or third parties. This Site, software and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Site are the exclusive property of, or are licensed to the Glow Node and are protected. No use of a trademark, trade dress, trade name or design appearing on this site or our software may be made without the prior written permission of the Glow Node.
12. LINKS TO THIRD-PARTY SITES AND ADS
14. SUBSCRIPTION, PAYMENTS AND TAXES
15. PRICE CHANGE
We may change our fees and billing methods at any time. Subject to applicable law, (i) if you disagree with any proposed change, your sole remedy is to cancel your Subscription based services before the price change takes effect and (ii) your continued use of or subscription to the Subscription based service after the price change takes effect constitutes your agreement to pay the new price for the Subscription based service.
16.1.Refunds are not given to Customers who have purchased a Funded Challenge. After a cleared payment on the purchase of one of our programs occurs, you will receive an email with the login details to access your trading platform. Once this information is emailed to you, no refund will be given. Only under extreme circumstances, we will provide a refund if there were no trades placed on the account, for assistance, please contact our Live Chat or email firstname.lastname@example.org.
16.2. Customers that pass a 2 Phase Challenge or a 1 Phase Challenge, the Customer can receive a refund of the account fee when they have achieved 15% profit. The refund will be sent to the Customer when they have requested to withdraw the profit. Customers that have purchased an Instant Funded account will receive a refund of the account fee after withdrawing 25% profit.
16.3. Refunds are given within a 14 day period if you are not satisfied or do not understand our services. To get a refund, you can contact us at email@example.com. Refunds generally take 3-5 business days to process. We will not process a refund under any other circumstance including in case you forgot about the auto-renewal of your subscription. It is your sole responsibility to manage your subscription prior to renewal by emailing firstname.lastname@example.org. A refund can be denied if we believe the customer is exploiting the 14 day guarantee i.e ( immediately canceling) You have 5 days to request a refund after cancelling.
17. LEGAL RESTRICTION
a) Without limiting the foregoing, you understand that laws regarding investment vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to your country of residence with regards to the use of the services. The ability to access to our services does not necessarily mean that our services, and/or your use, are legal under the laws, regulations or directives applicable to your country of residence.
b) Our services are only for informational purposes, and they do not constitute an investment advice or solicitation to invest or offer any kind of guarantee to any financial gain. Please read the detailed Disclaimer statement as posted on our Site.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FINANCIAL GAIN OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT about our services. In no event shall Glow Node, or its owner(s), be liable to you or any third party for any lost profits, lost data, financial loss, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or our services, even if Glow Node has been advised of the possibility of such damages. Access to, and use of, the Site and availing our services is at your own discretion and risk, and you will be solely responsible for any losses or damages resulting therefrom.
19. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Glow Node or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify and hold Glow Node, its owners/directors, and licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Lawyer’s fees, made by a third party, relating to, or arising from:
a) Your violation of our rights or rights of other users, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
b) Your wrongful or improper use of our services, Site;
c) Your violation of any applicable laws, rules or regulations;
d) Your violation of these Terms or any other policy of ours as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1. Governing Law: The Terms and any dispute arising from the same will be governed by applicable English laws.
21.2. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in London, UK.
When you use the Website to send emails to Glow Node, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Glow Node will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to email@example.com.
23.1. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your account, and your access to our website, at our sole discretion, and in such case you will not be entitled to a refund for the unutilized portion of your subscription.
23.2. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
23.3. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.
22.4. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
22.5. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
22.6. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Glow Node, which may be withheld at Glow Node’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
22.8. Force Majeure: Glow Node, its owner/director, and its agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
22.9. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
24. Grievance Officer/Designated Representative
• Name: Ryan Beasley
• Email: firstname.lastname@example.org
25. Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: email@example.com.