Terms and Conditions

2.1 All Content included on the Website, unless otherwise indicated, or unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TWOFOX Limited, our affiliates or other relevant third parties. By continuing to use the Website You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2. The Content provided on this Website is provided “as is”, for your information and personal use only, subject to sub-clauses 2.3 and 2.4 You may not reproduce, aggregate, republish, upload, post, copy, publicly display, encode, transmit, translate, distribute, store, sell, licence, exploit for any commercial purpose whatsoever or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by TWOFOX Limited.

2.3. A limited licence is granted to access and use the Website and to download or print a copy of any portion of the Content, provided that:

2.4. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

2.5. TWOFOX Limited reserves all rights not expressly granted to You in and to the Website and Content.

3.1. By using the Website, You represent and declare that:

3.2. If You provide any information that is untrue, inaccurate, incomplete or not current, TWOFOX Limited reserves the right to immediately suspend or terminate your account and refuse any and all current or future use of the Website and Content.

4.1 You must not access or use the Website and/or Content for any purpose other than that for which we make the Website and/or Content available.

4.2. The Website and/or Content must not be used in connection with any commercial endeavours except those that are specifically endorsed, approved or otherwise permitted by TWOFOX Limited.

5.1. The Website provides Users the opportunity to create, submit, post, display, transmit, publish, distribute or broadcast content and materials to Us or on the Website, these Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions that You submit or otherwise provide to Us, may be treated in accordance with the Privacy Policy (www.twofoxtrading.co.uk/resources/legal/privacy-policy).

5.2. When You create, submit or otherwise provide to Us, any Contributions, You thereby represent and declare that:

5.3. Any use of the Website in violation of any part of sub-clause 5.2 violates these Terms of Conditions and may result in, amongst other things, immediate suspension or termination of your rights to use the Website and Content.

6.1. You, the User, agree that we, TWOFOX Limited, may access, store, process, and use any information and personal data that You provide following the terms of the Privacy Policy (www.twofoxtrading.co.uk/resources/legal/privacy-policy) and your choices (including settings).

6.2. By submitting suggestions or other feedback regarding the Website, You agree that we can use and share such feedback for any purpose without compensation to You.

6.3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7.1. You acknowledge that Submissions regarding the Website provided by You to Us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

7.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10.1. The Service is provided “as is” and on an “as available” basis. TWOFOX Limited gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

10.2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

10.3. Nothing contained within this Agreement shall be construed to obligate Us to maintain and support the Website or to supply any corrections, updates or releases in connection therewith.

11.1. TWOFOX Limited reserves the right to change, modify or remove part or all of the contents of the Website at any time and for any reason at our sole discretion and without notice.

11.2. We have no obligation to update any information on the Website.

11.3. We reserve the right to modify or discontinue all or part of the Website without notice at any time.

11.4. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website.

i. Monitor the Website for violations of this Agreement;

ii. Take appropriate legal action against anyone who, in Our sole discretion, violates the law or this Agreement, including without limitation, reporting such User to the relevant enforcement authorities;

iii. In Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

iv. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

v. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

13.1. For the purposes of applicable data protection legislation, TWOFOX Limited will process any personal data You have provided to it in accordance with the Privacy Policy available on the Website (www.twofoxtrading.co.uk/resources/legal/privacy-policy) or on request from TWOFOX Limited.

13.2. You agree that, if You have provided TWOFOX Limited with personal data relating to a third party (1) You have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to TWOFOX Limited and (2) that You have brought to the attention of any such third party the Privacy Policy available on the Website (www.twofoxtrading.co.uk/resources/legal/privacy-policy) or otherwise provided a copy of it to the third party. You agree to indemnify TWOFOX Limited in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

17.1. This Agreement shall remain in full force and effect whilst you continue to use the Website.

17.2. Without limiting any other provision of this Agreement, TWOFOX Limited reserves the right to, at Our sole discretion and without notice or liability, deny access to and use of the Website and/or Content (including, but not limited to, blocking of certain IP addresses), to any person or persons for any reason or for no reason, including, but not limited to, breach of any representation, warranty, or covenant contained in this agreement or of any applicable law or regulation. We may also delete any of your Contributions or Submissions at any time, without warning, at our sole discretion.

17.3. If We suspend or terminate your account for any reason, You are hereby prohibited from registering and/or creating a new account using your own name, a fictitious name, a borrowed name, or the name of any third party, whether on behalf of yourself or said third party.

17.4. In addition to suspending or terminating your account, We reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal or injunctive redress.

18.1. The Website and associated Content is provided on an “as is” and “as available” basis. You agree that the use of the Website, Content or any of our associated Services is entirely at your own risk.

18.2. To the fullest extent permitted by law, TWOFOX Limited disclaims all warranties, express or implied, in connection with the Website and your use thereof.

18.3. We make no warranty or representation that the Website, Content or any of our associated Services:

18.4. We make no warranty or representation about the accuracy or completeness of the Website and/or Content or the Content of any websites linked to the Website, as such, We will assume no liability or responsibility for the following:

18.5. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in and banner or other advertising, and We will not be a party to or in any way responsible for monitoring any transaction between You, the User, and any third party providers of products or services. As with any purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

18.6. We make no guarantee of any specific results from the use of our Website, Content or Services.

18.7. No part of this Website, including, but not limited to, any and all Content prepared by, or on behalf of, TWOFOX Limited, or any Company Employee, or any and all Contributions made by Users, or any other third party not connected or affiliated with TWOFOX Limited, is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. It is the responsibility of the User to perform the necessary due diligence prior to making any decision or following any course of action.

19.1. Users should be aware that they use the Website and its Content at their own risk.

19.2. To the maximum extent permitted by law, neither TWOFOX Limited or any Company Employee, accepts liability to You or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages or loss, foreseeable or otherwise, including lost profit, lost revenue, loss of data or any other damages or loss arsing arising from your use of the Website or any information contained therein, even if we have been advised of the possibility of such damages.

19.3. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless the form of the action, will at all times be limited to the lesser of the amount paid, if any, by You to Us or £50.00.

19.4. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above listed disclaimers and limitations may not apply to you, in which case you may have additional rights.

19.5. Nothing in these terms and conditions excludes or restricts TWOFOX Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of TWOFOX Limited.

19.6. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is deemed illegal.

21.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all Company Employees, from and against any loss, damage, liability, claim or demand, including reasonable legal expenses, made by any third party to or arising out of:

21.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control for any matter for which you are required to indemnify us, and you agree to cooperate, at you expense with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

22.1. We will maintain certain data that You transmit to the Website for the purpose of managing the performance of the Website, as well as relating to your use of the Website.

22.2. Although we perform regular routine backups of data, You are solely responsible for all data that you transmit or that relates to any activity that You have undertaken using the Website.

22.3. You agree that we shall have no liability to You for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22.4. Your connection to the Website will be through servers located in the European Union, all information that you provide will be maintained on these servers.

22.5. In addition to the purposes described by sub-clause 22.1, We also maintain limited data, as required for accounting, or administrative purposes, on our internal systems, located within the United Kingdom.

22.6. By using the Website, and/or our Services, and when you provide such information to us, you authorise the export of necessary personal information to the United Kingdom, and its storage and use as specified by sub-clauses 22.1 and 22.5 above.

23.1. Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

23.2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.

23.3. You hereby waive and right or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronics records, or to payments or the granting of credits by any means other than electronic means.

23.4. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

24.1. TWOFOX Limited operates a strict no refunds policy.

24.2. Should you wish to cancel any paid Website membership, or recurring subscription for any Service, Content, or Website access, you can do so at any time from within your personal profile on the Website, and/or by writing to us at accounts@twofoxtrading.co.uk.

24.3. Any cancellation, and/or notification of cancellation, must be made at least 48 hours prior to the next scheduled payment falling due. Cancellation requests and/or notifications received within 48 hours of a scheduled payment may not be processed in time, and as such You will be charged accordingly for continuing paid membership, or recurring subscription, You will continue to receive the benefit of said membership, or recurring subscription, throughout the subsequent billing period covered, after such time the membership, or paid subscription, shall accordingly be cancelled.

24.4. At our sole discretion and with your agreement, and only as it applies a single scheduled payment, either for membership, or recurring subscription, covering a period of not less than 3 months, and notification of cancellation being made within 48 hours of said scheduled payment falling due, we may pro-rate the membership or subscription charge, such that the your liability to Us for said single scheduled payment, is reduced to a minimum of 1 months equivalent membership, or subscription charge, subsequent to the cancellation date, You will continue to receive the benefit of said membership, or recurring subscription, throughout the period covered by the pro-rated payment, after such time the membership, or paid subscription, shall accordingly be cancelled.

25.1. These terms and conditions and the relationship between You and TWOFOX Limited shall be governed by and construed in accordance with the Law of England and Wales and TWOFOX Limited and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

25.2. You agree that any dispute with, or claim against, Us, relating in any way to your use of the Website, or to any Service, or Content, provided by Us, will be resolved through final and binding arbitration in the United Kingdom, rather than in court.

25.3. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void.

25.4. You agree that you have voluntarily chosen to visit the Website, view our Content, or use our Services, and any claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”).

25.5. We, TWOFOX Limited, and You, the user, hereby waive any rights to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

25.6. You hereby agree that this Class Action waiver applies to your use of any aspect of the Website, Content or Services provided and applies, without limitation, to any civil claims you could have pursued against TWOFOX Limited, including any civil claims related to the any policies contained by reference herein. You agree that, by your voluntary use of our Website, our Content, or our Services, you have waived your right to a jury trial as a member of any class, and that you have agreed to pursue any civil claims you may have against TWOFOX Limited individually by the terms of the binding arbitration described above.