Terms Of Use

Last Updated on 10th September 2022

1. TERMS

OnyxCrypto Education (“We”, “Us”, Our or the Company) operate the OnyxCrypto (the “School”) and the www.onyxstrategysession.com website (the “Website”) (collectively, the Services)..

Please read these Terms of Use/this Agreement carefully. By accessing any part of the Services, you (You, Your or the User) agree to be bound by the Terms of Use. These Terms of Use comprise an electronic contract that establishes the legally binding terms You must accept to use the Services.,If You do not agree to the Terms of Use, You are prohibited from accessing Our Services

We reserve the right to amend, update and modify these Terms of Use at any time without notifying You in advance. We encourage you to regularly check these Terms of Use for modifications which may be made from time to time.

If you breach any provision of these Terms of Use, Your right to access the Services shall cease immediately.

By using the Services in any manner, You confirm that: You have read, fully understand and will comply with these Terms of Use and the Privacy Policy published by Us through the Website, each of which is incorporated by reference and each of which may be updated by Us from time to time without notice to You; You are capable of entering into a valid contractual relationship with Us.

2 DISCLAIMERS

We make no representations or warranties with respect to Our Services or the Content contained therein, or any product or service available on or promoted through Our Services.

To the fullest extent permitted by law, We, any of Our affiliates and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way with respect to Our Services and content of Our Services (Content), and any other products or services available or promoted through Our Services. Without limiting the generality of the foregoing, We, any of Our affiliates, and their service providers and licensors disclaim all representations and warranties (A) of title, non-infringement, merchantability and fitness for a particular purpose; (B) relating to the security of Our Website; (C) that the Content contained in Our Services is accurate, complete or current; or (D) that Our Services will operate securely or without interruption or error.

We engage in general trader education and training. All information provided by the Company, through the Services is for general information and educational purposes only. It does not constitute investment advice, financial advice, trading advice, or advice of any other nature, and You should not treat the Content of any of Our Services or communities as such.

Crypto trading carries a high level of risk and may not be suitable for all investors. There is a possibility that You may sustain a loss equal to or greater than Your entire investment. You should obtain professional investment and financial advice tailored to Your specific circumstances prior to making any investment or financial decisions.

The Company expressly disclaims all warranties related to any use of Our Services or the Content and further that the Website or online community will meet any requirements or needs You may have, or that they will operate error free. In addition, You agree that We provide access to the Services “as is” and on an “as available” basis and make no warranty with regard to the Services or the suitability of the Services for Your needs.

We specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of the merchantability or fitness for a particular purpose.

This disclaimer is made for the purposes of the Corporations Act 2001 as amended by the Financial Services Reform Act 2001 (Acts). The Company has no Australian Financial Services License (AFSL) and does not purport to give advice or operate in any way in contravention of the Acts. The Company, its officers, agents, representatives and employees exclude all liability whatsoever, in negligence or otherwise, for any loss or damage relating to this publication to the fullest extent permitted by law. The Company has a policy which does not permit the endorsement or recommendation of any product or service regulated by the Acts.

Any information provided by Us, through Our Services, is for general information and educational purposes only and is subject to change. The information provided by Us is not related to the provision of advisory services regarding investment, tax, legal, financial, accounting, consulting or any other related services and are not recommendations to buy, sell, or hold any financial product.

The information provided through the Services should not be relied upon or the basis for making any investment decision or be construed as a recommendation to engage in any transaction or be construed as a recommendation of any investment strategy. The information is not a personal recommendation and does not take into account whether any transaction is suitable for a particular person. The business of crypto trading carries a high level of risk that requires serious financial due diligence in order to be successful.

You are strongly advised to seek the services of qualified, competent professionals prior to engaging in any investment/trade that may impact Your finances. You should never rely upon any information or opinions you read through Our Services, or any site that We may link to. We do not guarantee the veracity, reliability or completeness of any information provided in the comments, forum or other public areas of Our Services.

The information you read through Our Services should be used as a launching point for Your own research into various companies and investing strategies so that You can make an informed decision about where and how to trade cryptocurrency.

Our Services are provided to help educate you about the cryptocurrency market. You are solely responsible for the investment decisions you make. We will not be responsible for any errors or omissions through Our Services including in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Nor, will We nor any of Our directors, officers, employees, representatives or agents be liable for any direct, indirect or consequential losses (in contract, tort (including negligence) or otherwise) if any, caused by any reliance on any information obtained through the use of Our Services. Please do not use Our Services if you do not accept self-responsibility for Your actions.

3.SCOPE OF SERVICES

The School is a proprietary course that provides users with online training, tutorials, support groups and, strategies in relation to online trading.

We are not a business consultant, advisor, or other professional service, and We offer the School as an informational course to assist You in online trading., Any examples presented through the Services are for educational purposes only, and any simulated trading programs offered in the course are hypothetical and do not represent actual trading. Accordingly, nothing on this site is to be interpreted as personal advice and You should not rely on the information in making any investment. You should always check with Your licensed financial advisor and tax advisor to determine the suitability of any investment..

You agree that You are solely responsible for the performance of Your trading, and that Our Services are informational and educational.

4. INTELLECTUAL PROPERTY

4.1 Content

Any software and code comprising or used to operate Our Services, and all of the text, photographs, images, graphics, sound recordings, video and audio-video clips, courses and other materials available through Our Services, including content created and posted to the Website by users (User-Generated Content) (collectively, Content) is Our property or the property of Our licensors and is protected by copyright and other intellectual property laws.

By using Our Services, You acknowledge and agree that the Content is either created by Us or obtained by Us from third parties and is further distributed by Us to You for Your general information and personal educational (non-commercial) use only and does not constitute any professional or investment advice by Us. You should always obtain appropriate expert independent financial (investment) advice before making any investment or financial decision in reliance on the Content displayed in the Services. In particular, the Content:

is the exclusive property of the Company and/or third parties from which We obtained this Content and may be subject to Our and/or third parties’ intellectual property rights;

does not constitute any form of advice (financial, investment, tax, legal or otherwise) and should not be relied on by You for any purposes;

does not constitute any inducement, invitation or recommendation relating to any of the investment products or other business opportunities listed or referred to through the Services; and

is not intended to be relied upon by You in making (or deciding not to make) any specific investment or other financial decision.

Subject to these Terms of Use, We grant each User a worldwide, non-exclusive, non-sublicensable and non-transferable licence to access and use the Content available through the Services solely for Your personal educational purposes. Use, reproduction, modification, distribution or storage of any real time or historical Content for purposes other than those expressly permitted by these Terms of Use is expressly prohibited without prior written permission from Us. You must not sell, license, rent, or exploit any Content for commercial use or in any other way that violates Our or any third-party right. Upon termination of this Agreement, for whatever reason, the licence is automatically revoked, and You have no further rights to use or dispose of, in any way, any Content.

4.2 User-Generated Content

You understand that We do not control, and are not responsible for, User-Generated Content posted on or through the Website. Under no circumstances will We be liable in any way for any User-Generated Content. You are entirely responsible for all the User-Generated Content you post and You acknowledge and agree that you can be held personally liable for comments that are defamatory, obscene, or libellous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others.

We do not warrant or guarantee the truthfulness, integrity, suitability, quality or otherwise of User-Generated Content. You agree and understand that by accessing Our Services, you may encounter User-Generated Content that You may consider to be objectionable. We have no responsibility for any User Generated Conduct, including without limitation, any errors or omissions therein. We are not liable for any loss or damage of any kind You may claim was incurred as a result of the use of any User Generated Conduct posted, emailed, transmitted or otherwise made available on or through Our Services.

5. EARNINGS DISCLAIMER

We cannot and do not make any guarantees about Your ability to achieve any particular results by using any of Our Services. Nothing contained within any of Our Services is a promise or guarantee of results, including that you will make any particular amount of money or, any money at all. You also understand that all investments come with some risk and you may actually lose money while investing. Accordingly any results stated on Our Website or through Our Services, in the form of testimonials, case studies or otherwise are illustrative of concepts only and should not be considered average results, or promises for actual or future performance.

It should not be assumed that the methods, techniques, or indicators presented on or in connection with the Services will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns that may be realised by You. Individual trading results will vary and performance depends on each student’s own skills, time commitment and effort.

In using and/or purchasing Our Services you expressly agree that the results You receive from the use of those Services are solely up to You. In addition, You expressly agree that all risks and use and any consequences of such use shall be borne exclusively by You and that You will not try to hold Us liable at any time, or for any reason, regardless of the circumstances.

64. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE COMPANY, IT’S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY SPECIAL, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO SERVICES, ONLINE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES..IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Any provision herein to the contrary notwithstanding, the maximum liability of the Company to any person, firm or corporation whatsoever arising out of or in the connection with any licence, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort (including negligence) or otherwise, shall in no case exceed the actual price paid to the Company by You for the Content whose licence, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of the Company arising out of this Agreement. You acknowledge and agree that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Services and that, were the Company to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

75. MEMBERSHIP & CANCELLATION

If you wish to terminate the Service and delete Your account please contact Us via team@onyxfxglobal.com, and We will assist You. No refunds will be issued if not in line with the 30 day action based money back guarantee which is outlined in clause 11

8. DISCUSSION FORUMS, THIRD PARTY WEBSITES, SERVICES AND SOFTWARE

Our Services may allow you to link to or otherwise access other websites and use services, functionalities or tools provided by third parties (Third Party Services). These Third-Party Services, despite being available through the use of Our Services, are not under Our control, and You acknowledge that We are not responsible or liable for the content, functionality, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of such link or functionality does not imply Our endorsement or any association between us and third-party operators of these Third Party Services. You further acknowledge and agree that We are neither responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Service available on or through any website or resource operated by third parties.

9. MODIFICATION

We may discontinue or change Our Services, or its availability to You, at any time within Our sole discretion. We may also modify any of the terms and conditions contained in this Agreement, at any time and in Our sole discretion, by either posting a change notice or a new agreement on the Website or by giving You notice by e-mail or postal service. If any modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued use of Our Services or participation in the online community following Our posting of a change notice or new agreement on Our Website or by giving You other notice will constitute binding acceptance of the change.

10. PRIVACY

Registration data and other information about you is subject to Our Privacy Policy. However, any and all data collected through Our Website or the online Community program, through sales, registration or otherwise shall belong to Us.

11. REFUND POLICY

Your OnyxCrypto Trading Accelerator Purchase comes with an initial same day no questions asked refund in full.: After this time period has passed you will enter Our 30 day action based money back guarantee.

We stand behind the ability of Our program when you spend the time studying and implementing what You learn. Because of this, We simply ask that you give the program a fair attempt.

The conditions for the 30 day action based money back guarantee are as follows.

1. The member must finish our program to the full extent
2. The member must attend one 1-on-1 coaching sessions
3. The member must journal/track at least 10 forward tested trades using our rule based approach (Note: Live money trading is not necessary for this action and is not encouraged)

This action based guarantee shows us that you have given our education a fair attempt. No refunds will be given after 30 days from the date of your initial enrolment as we are offering digital intangible information products. If you fit the criteria’s listed above please reach out to Our support staff via email at nick@onyxfxglobal.com

12. MISCELLANEOUS

12.1 Variation

We may amend the terms of this Agreement from time to time by publishing the amended terms to Our Website or by giving electronic notice to You. It is Your sole responsibility to check the Website from time to time to view any amendments to this Agreement. The amendment takes effect upon Your express acknowledgement or when You continue to access and/or use the Services.

12.2 Electronic Communications

You consent to receiving communications from Us in an electronic form, and agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (Communications) that We provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and Our Agreement to do so, applies to all of Your interactions and transactions with Us.

12.3 Entire Understanding

This Agreement is the exclusive and entire agreement between You and Us concerning Your use of the Services and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between You and Us regarding Your Use of the Services.

12.4 Governing Law  

This Agreement and the relationship between You and Us, will be governed by the laws of New South Wales, Australia. The parties agree to the non exclusive jurisdiction of the courts of New South Wales.

12.5 Severability  

If for any reason a court holds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be read down to the minimum extent necessary so as to give full effect to the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

12.6 No Waiver

Any delay or failure by Us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by Us will have effect unless such waiver is set forth in writing, signed by Us, nor will any such waiver of any breach or default constitute a waiver of any subsequent or similar breach or default.

12.7 Assignment

You must not transfer, assign or delegate Your rights and/or duties under this Agreement to anyone else and any attempted assignment or delegation is void. We may assign or novate this Agreement or any part of it at any time by giving notice to You and without obtaining Your consent.

12.8 Survival

All provisions that by their nature survive expiration or termination of this Agreement shall so survive.

12.9 Force Majeure

If We fail or are in delay with the performance of any obligation under these Terms of Use due to the occurrence of events of whatever nature which are beyond Our control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, drought, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, epidemic or pandemic such failure or delay does not constitute Our breach of these Terms of Use.