Terms and Conditions, Risk Disclosure and Data Policy

Effective Date: May 11, 2023

OVERVIEW

The terms throughout the site including but not limited to “we”, “our”, “us” all refer to MT5 Simulator. Through this website, MT5 Simulator provides intelligence as well as tools and services needed to you, the consumer/user conditioned upon your acceptance of any and all terms and conditions, regulations and notices started here and on the website.
You agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms,” “Conditions,” and “Policies”) by accessing our website, browsing, or buying any of our products you are using our “Service” and are therefore our user/consumer. Moreover, you consent to be governed by any terms and conditions or policies mentioned here or made accessible by a hyperlink. All users of the site, including without limitation browsers, suppliers, customers, merchants, and/or content producers, are subject to these terms and conditions.
Before visiting or using our website, please read these terms and conditions carefully. You agree to be bound by these Terms and Conditions as you access or use any part of this website. You may not access the website or use any services unless you agree to all terms and conditions set out in this Agreement. Acceptance shall be restricted to those terms and conditions if they are taken into account as an offer.
Any new features or tools that have been implemented in this site will also be subject to the terms and conditions. The most recent version of the terms and conditions may be viewed at any time from this page. We shall retain a right to amend, modify or replace any part of those terms and conditions by posting updates and changes to our website. You have an obligation to regularly check this page for updates. When these changes are published, your continued use or access to the Web site implies that you accept them.

By purchasing the software, the user acknowledges and agrees to abide by the following fee & charges terms and conditions as outlined in our Terms and Conditions Policy. Furthermore, the user affirms that they have conducted their own research to assess whether this software is or is not suitable for their intended purposes.

Fee & Charges:  The User can choose to buy the Software in two ways:

• Lifetime access: Once-off Payment at $120 USD
• Monthly access: Monthly plan of $23 USD (Cancel Anytime with 30 Days Notice)

Monthly access

By choosing Monthly access user agrees to the Terms and Conditions of the Direct Debit Request and Service Agreement set by https://stripe.com/au and the MT5 Simulator. The MT5 Simulator and Stripe reserves the right to modify these terms and conditions, including the fee structure, at any time. Any changes will be communicated to the Customer via email and/or updated on the website. Continued use of the services after receiving such notification shall constitute acceptance of the revised terms.

1.0 TERMS OF ONLINE STORE

By accepting these Terms and Conditions, you confirm that you are at least the legal age for consent in the state or province in which you reside, or that you are of legal age in that jurisdiction and have granted us permission to let any of your minor dependents to use this site.
You are not allowed to use our goods for any improper or prohibited purposes, and you are not allowed to break local regulations by using the Service (including but not limited to copyright laws).
You must not distribute any worms, viruses, or other disruptive programmes.
Your Services will be immediately terminated if any of the Terms are broken or violated and you will be liable to any compensations requested by Sodhi Family Pty Ltd.

2.0 General Terms

Anytime, for any reason, we hold the right to deny service to anybody.
You are aware that your content may be sent over a variety of networks and subject to (a) transmission over those networks; and (b) modifications to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is sent over networks, it is always encrypted.

You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.
The headers used in this agreement are simply there for your convenience and have no bearing on these Terms in any way.

3.0 INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS

Inaccurate, incomplete, or out-of-date material on this website is not our responsibility. The content on this website is given for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, full, or up-to-date sources of data. The use of the information on this website is at your own risk.
There may be old data on this website. Information that is historical is unavoidably out of date and is only offered for your reference. Although we retain the right to change the material on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to keep track of updates to our website.

4.0 CHANGES TO THE SERVICE AND PRICES

Our product prices are subject to change without prior notice.
We retain the right to change or stop providing the Service (or any feature or material within) at any time and without prior notice.
Every time the Service is altered, its pricing is changed, it is suspended, or it is discontinued, we won’t be responsible to you or any third parties.

5.0 PRODUCTS OR SERVICES

Certain digital goods or services could only be accessible online via the website. Certain goods or services could be in short supply and are only eligible for returns in accordance with our refund policy (hyperlink to refund policy.)
We retain the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this privilege. We have the right to set a cap on the number of any goods or services we provide. All product descriptions and prices are subject to change at any moment and without prior notice, at our sole discretion. Anytime, we have the right to stop selling any products.
In addition, we do not guarantee that any faults in the Service will be fixed or that the quality of any goods, services, information, or other materials you buy or get will match your expectations.

6.0 Billing and account information accuracy

We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, or orders made by or under the same customer account. We may try to reach you via the email address or any contact details you supplied at the time the purchase was placed if we have to amend or cancel an order. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.
For all purchases made at our site, you promise to submit current, complete, and accurate purchase information.
Please see our Returns Policy (hyperlink) for more information.

7.0 ADDITIONAL TOOLS

We could give you access to third-party tools that we don’t monitor, control, or have any say in.
You understand and accept that we provide these tools accessible “as it is” and “as supplied” without any guarantees, assurances, or conditions of any sort. We also do not recommend or make any claims about these tools. We won’t be held responsible for anything related to or resulting from your use of optional third-party tools.
Use of any optional tools made available through the site is solely voluntary and at your own risk. You are responsible for familiarising yourself with and approving the conditions on which any applicable third-party provider makes available such tools (s).
In the future, we could add additional features to the website or provide new services (including, the release of new tools and resources). These Terms and Conditions will also apply to any additional features and/or services.

8.0 EXTERNAL LINKS

Materials from third parties may be included in certain content, goods, and services made accessible via our site.
You could be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.
Any loss or damages resulting from the acquisition or use of products, services, resources, material, or any other transactions conducted in conjunction with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully research the third party’s rules and procedures to ensure that you are familiar with them. All issues, claims, worries, or enquiries regarding items from third parties should be addressed to the third party.

9.0 Comments, suggestions, and other submissions from users

You agree that if you send us unsolicited creative

 

ideas, suggestions, plans, feedback or other materials (collectively, “comments”), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forwards to us. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments.
We may monitor, edit, or remove information that, in our sole judgement, is offensive, harmful, blasphemous, libellous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property or these Terms and Conditions, but we are not required to do so.
You acknowledge that you will not post anything that infringes on our or anybody else’s copyright, trademark, privacy, or other property or personal rights. You additionally agree that your comments won’t contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that might in any way impair the functionality of the Service or any website connected to it. You aren’t allowed to impersonate someone else, use a bogus email address, or otherwise mislead us or other people about the source of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.

10.0 PERSONAL INFORMATION

Our Privacy Policy (hyperlink) applies to any personal information you submit through the site.

11.0 INACCURACIES, ERRORS, AND OMISSIONS

On rare occasions, material on our website or in the Service may have clerical or other mistakes, inaccuracies, or omissions that may pertain to product descriptions, prices, special offers, promotions, and stock levels. Without prior notice, we retain the right to modify or update information, cancel orders, and/or correct any mistakes, inaccuracies, or omissions in any part of the Service or on any connected website (including after you have submitted your order).
Unless as required by law, we make no commitment to update, modify, or clarify any information in the Service or on any associated website, including without limitation price information. It should not be assumed that all of the information in the Service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.

12.0 PROHIBITED USES

You are forbidden from using the website or its content, in addition to other prohibitions outlined in the Terms and Conditions: (a) to violate any international, national, provincial, or state laws, rules, regulations, or local ordinances; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d); to infringe upon or violate our or others’ intellectual property rights; (e); to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or race; (f) to provide false or deceptive data; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) for breaching any of the banned uses, we retain the right to stop you from using the Service or any connected website.

13.0 LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or warrant that it will be.
We do not guarantee the accuracy or dependability of any outcomes that may be attained via the use of the service.
You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.
You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as accessible” for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, implied warranties, or fitness for a particular purpose.
Any harm, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, shall not be made by MT5 Simulator, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, resulting from your use of any service or any purchases made using the service, or for any other claim connected in any way to your use of any service or product, including but not limited to any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if you were made aware of their potential existence. Our responsibility in such areas shall be restricted to the greatest extent possible by law since certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.

14.0 INDEMNIFICATION

You acknowledge that by using MT5 Simulator, you are agreeing to be indemnified, defended, and held harmless by MT5 Simulator and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your violation of any of the terms and conditions contained herein or the

15.0 SEVERABILITY

Any part of these Terms and Conditions that is found to be invalid, illegal, or otherwise unenforceable shall still be enforced to the maximum extent authorised by applicable law, with the unenforceable component being presumed to be severed from these Terms and Conditions. This finding shall not impact the validity and enforceability of any other terms.

16.0 TERMINATION

The termination of this agreement shall not affect the parties’ responsibilities and liabilities accrued before the termination date.
Unless and until terminated by either you or us, these terms and conditions will remain in force. By telling us that you no longer want to use our Services or by stopping your usage of our website, you may terminate these Terms and Conditions at any time.
We may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up until and including the date of termination. Additionally, we may deny any request made by you if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions or we suspect that you have failed to do so.

17.0 ENTIRE AGREEMENT

Any right or provision of these Terms and Conditions that we do not exercise or enforce in accordance with them does not constitute a waiver of such right or provision.
All prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us are superseded by these Terms and Conditions and any policies or operating guidelines posted by us on this website or with respect to The Service, which govern your use of the Service (including, but not limited to, any prior versions of the Terms and Conditions).
Any discrepancies in how these Terms and Conditions should be read should not be used against the party that drafted them.

18.0 GOVERNING LAW

The laws of Australia shall govern these Terms and Conditions and any other agreements whereby we supply you Services, and such laws shall control and be construed accordingly.

19.0 CHANGES TO TERMS AND CONDITIONS

On this page, you may always examine the most recent version of the terms and conditions.
By publishing updates and modifications to our website, we retain the right to amend, modify, or replace any portion of these Terms and Conditions at any time. It is your duty to often check our website for updates. Any modifications to these Terms and Conditions that are posted after you first use our website or use the Service indicate your acceptance of such modifications.

20.0 CONTACT INFORMATION

Please contact us with any questions you may have at info@mt5simulator.com.

Risk Disclosure:

RISK DISCLOSURE

Margin trading involves a high degree of risk and might not be appropriate for all investors. The enormous level of leverage may work both for and against you. You should carefully evaluate your financial goals, degree of expertise, and risk tolerance before opting to invest in foreign currency. You shouldn’t invest money that you cannot afford to lose because there is a chance that you might lose all or part of your initial investment. You should be informed of all the dangers involved in trading foreign exchange, and if you have any questions, consult an impartial financial counsellor.

 

Data Policy:

Data Policy

After the purchase, customers have an option to download the data onto the location of their choice.

• Depending upon the pair, but in general customers have access to the data from their early 2000s.
• Customer will get the data till the date of purchase and we do not guarantee the accuracy of the data as it varies from provider to provider. 
• We choose to provide future historical data to our customers on our own choice.
• We have been providing historical data from before and after the date of purchase on an ongoing basis for free, to all our customers, at no additional cost. However, we may change this at any time in the future with or without notice because we have been paying for this cost monthly for the purchase of new data. 
• If the customer needs guaranteed ongoing access to the monthly data, they are required to pay an additional fee of $100 monthly. To get more details on this please send an email to info@mt5simulator.com.

 

 

Important Notes:

• It is the customer’s responsibility to download the data on their local or any storage device of their choice after the purchase.
• We take no responsibility for providing the data after the discontinued service by us in the future or by the customer.
• Customers may choose to download the data every single day/hour or every single week till they continue to use the software. However, once again, it is the customer’s responsibility to save the data on their local device or storage device of their choice and we are not obligated to provide past or future historical data to customers after the date of purchase UNLESS they have signed up for the paid monthly service.
• Customers cannot ask for a refund if their data is not available for a certain period or after the purchase.
• Data and candles made on charts may vary from your broker. This is due to the data feed may vary from broker to broker.
• The software is a lifetime access; however, the future may have some kind of uncertainty that we are not aware of at this stage. For example, the uncertainty could be the political or regulatory impacts or the sale of the software. The new owner may decide to offer this service as a paid monthly subscription. It is your choice to continue with them or not. They may also decide to completely shut down the service or change it to a subscription model. In that case, it is expected that customers take responsibility for downloading all the data provided to them until the date of purchase or till available to them regularly.
• We have decided to provide the data at our discretion and currently do so free of charge, even though we are paying monthly for the purchase of new data. We are not obligated to provide data after the date of purchase, although we have been providing it so far. It may happen that the software completely shuts down in the event of a sale or you are no longer supported, or due to unforeseen changes made by the government regarding some operating systems in the market etc. These are all future hypothetical scenarios that are not guaranteed, but rather possibilities for the future of the software and serve as a reminder that we are not obligated for any refunds for any services after the purchase.