Legal Agreement

Terms and Conditions

Bahia Education Services L.L.C Terms and Conditions governing your use of our services, site, and any related applications.

This Terms and Conditions Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Bahia EDUCATION SERVICES L.L.C (“EDX”) governing your use of (i) services developed, operated, or maintained by Bahia, or accessible via www.bahiaedu.com or any other web site or IP address designated by Bahia (the “Site”), (ii) the Content (as defined below) contained therein, (iii) any mobile applications offered by Bahia, and (iv) any offline components provided by Bahia for use in connection therewith (collectively, the “Service”).

BY USING THE SERVICE, OR DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY CONTENT AVAILABLE THROUGH THE SITE, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS, DO NOT ACCESS THE SITE OR USE THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT Bahia IS NOT A BROKER, AS SUCH TERM IS USED IN UNITED ARAB EMIRATES REGULATIONS, AND THAT Bahia DOES NOT TRADE SECURITIES ON ITS OR ANY OTHER PARTY’S BEHALF AS PART OF THE SITE OR SERVICE, NOR DOES Bahia DIRECTLY OFFER ANY FINANCIAL ADVICE OF ITS OWN AS PART OF THE SITE OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT Bahia IS NOT LIABLE FOR ANY LOSSES OR GAINS THAT MAY ARISE FROM YOUR RELIANCE UPON INFORMATION PROVIDED THROUGH THE SITE OR SERVICE OR YOUR INTERACTION WITH OTHER USERS.

License Grant

Subject to the terms and conditions of this Agreement, Bahia hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Service solely on a server controlled by Bahia and solely for your own purposes. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement. Bahia may modify, update, suspend or discontinue access to the Site and Services, in whole or in part, at its sole discretion for any or no reason, at any time and with or without notice. Bahia shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

Restrictions on License Grant

Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of Bahia or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:

• You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement;
• You shall not republish, upload, post, transmit or distribute the Service or the Content in any way;
• You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content;
• You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
• You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
• You shall not access the Service if you sell or provide any service, software, or product that may compete with EDX’ services, software, or products (a “Competitor”);
• You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Bahia or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
• You shall not attempt to probe, scan or test the vulnerability of a system, account or network of Bahia or any of its customers or suppliers, any Bahia product or service, or those of any other party;
• You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software;
• You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to Bahia or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
• You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
• You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Bahia (or Bahia supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Bahia (or Bahia supplier) facilities used to deliver the Service;
• You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and
• You shall not knowingly use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.

Because of the difficulty associated with quantifying damages, in addition to any other damages to which Bahia may be entitled, if actual damages cannot be reasonably calculated then you agree to pay Bahia liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay EDX’ actual damages, to the extent such actual damages can be reasonably calculated.

Eligibility

You represent and warrant that you are at least 18 years of age. In jurisdictions, territories and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services in your jurisdiction, territory or location, you may not utilize the Sites or Services.

You represent and warrant that you have not been convicted of a felony. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by any international securities regulator, or have an outstanding balance with a trading firm, you are not eligible to use the Sites or Services.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.

Your Obligations

You shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You are also solely and exclusively responsible for providing and maintaining all computer hardware, telephone and other equipment necessary to operate the licensed Service and the internet service required to access the Service over the Internet. Bahia shall have no responsibility for the procurement, operation or compatibility of your hardware or capabilities of your internet service provider. Cardholder must retain a copy of transaction records and Merchant policies and rules.

Account Access

Where use of the Service is contingent on accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Service) to log-in to the password protected Service. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Service. You and your users shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent. You shall: (i) notify Bahia immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Bahia immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) notify Bahia when you no longer require access to the Service; and (v) keep all of your profile information current.

Account Ownership

The individual initiating the purchase of the Bahia subscription, herein referred to as the ‘Account Holder’, is the sole authorized entity permitted to utilize the accompanying evaluation and simulator account. The aforementioned Account Holder is deemed to be the permanent owner and exclusive user of the said account. Data credentials, which are provisioned for the sole usage of the Account Holder, shall not be shared with, or used by any other individual or entity. It is explicitly prohibited for any person, other than the Account Holder, to gain access to the evaluation account or to execute trades on behalf of the Account Holder. These measures are in place to uphold the security and privacy of each individual account.

By entering your name during the purchase process, you declare that it’s your own name and that you are not trading on behalf of anyone else. The name you indicate represents the permanent owner and user of the account and cannot be changed during or after the evaluation process except for asking support to make minor grammatical corrections (i.e., typos).

Make sure to enter your e-mail address correctly as it cannot be changed during or after your evaluation process.

Account Cancellation

In order to cancel an account, the user must do so personally in the user dashboard. The user is asked to confirm twice that they wish to cancel the account. After a cancellation, users forfeit their right to access their evaluation and SIM accounts and will not be receiving any data, nor are they able to reset their evaluation.

Sanctioned Countries

Some countries are unable to get funding owing to sanctions or other reasons. For a detailed list see the following article: here.

If you are a user from a country that has recently been added to the sanctioned list, you will not be able to continue or reset your evaluation with Earn2Trade. Additionally, purchases or resets made from these sanctioned countries will not be refunded starting from May 15. Any attempts to circumvent this policy by providing false information regarding your country of origin or address will result in an immediate ban and deletion from our services without a refund.

Publication and Distribution of Content

Bahia cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site and Service. You acknowledge that Bahia acts only as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated content. You acknowledge that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Bahia does not control, and is not responsible for Content made available through the Site and Service, and that by using the Site and Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You acknowledge and agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that Bahia has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, Bahia reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates the terms of this Agreement. By using the Site and Service, you agree that it is solely your responsibility to evaluate the risk associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Site and Service. Under no circumstances will Bahia be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed through the Site or Service. You waive the right to bring or assert any claim against Bahia relating to Content, and release Bahia from any and all liability for or relating to any Content. If you encounter Content that you believe violates the terms of this Agreement or is otherwise unlawful, you may send an email to [email protected].

Privacy

Collection of Personal Information

Bahia may collect certain personal information from you in order to provide services and to complete transactions. In such cases, Bahia will ask you for personally identifiable information (“PII”), which information about you that can be used to contact or identify you, such as your name, phone number, email address, postal address, username, password, age and income.

How Bahia Uses and Shares Your Information

Bahia uses the information you provide to manage and improve its Site and Service, including, for example, to deliver advertising of interest to you, to assist with social sharing functionality, to develop new products and services, to contact you regarding our products or services, and to detect and prevent security threats, fraud or other malicious activity. Bahia may share parts of your Identify Information with its affiliates or with third parties which provide services to Bahia and which agree to keep such PII confidential.

Bahia retains the right to disclose PII as allowed or required by law, as well as under the following circumstances: (a) to respond to duly authorized information requests of police and governmental authorities; (b) to comply with any law, regulation, subpoena, or court order; (c) to investigate and help prevent security threats, fraud or other malicious activity, (d) to investigate and help prevent a violation of any contractual or other relationship with Bahia or the perpetration of any illegal or harmful activity; (e) to enforce and protect the rights and properties of Bahia, its affiliates and its business partners; or (f) to protect the personal safety of EDX’ employees, agents, affiliates, business partners, customers or site users. In connection with or in contemplation of a merger, consolidation, or sale or transfer of all or substantially all of the assets of Bahia, your PII may be transferred to the new owner or the successor entity.

Aggregated information

In addition to the foregoing, Bahia may collect certain data relating to your use of the Site or the Service. You agree that Bahia has an unrestricted (except as set forth herein), royalty free right to use statistical and other aggregated data derived from your use of Site or the Service (the “Aggregated Data”) for the provision, development and improvement of products and services to EDX’ customers. The Aggregated Data does not include (directly or by inference) any information identifying you or any identifiable individual and may only be used by Bahia if it is combined with similar aggregated data from EDX’s other customers. Bahia acknowledges and agrees that the Aggregated Data is provided AS IS and Bahia uses the same at its own risk. Notwithstanding anything to the contrary, you assume no risk and shall have no liability and no responsibility with respect to the Aggregated Data.

Children’s Privacy

EDX’ Site and Service is not intended for use by children and are not targeted to children. Bahia does not knowingly collect information from anyone under the age of 18, solicit information from children, or market products to children.

Log Data and Cookies

Bahia may record information that your browser sends whenever you visit the Site or use the Service (“Log Data”). This Log Data may include information such as your Internet Service Provider, your computer’s Internet Protocol address, browser type, and operating system, referring/exit pages, clickstream data, and other data. Bahia may use this information for its own internal purposes, including improving the functionality and user-friendliness of EDX’ Site and Service.

Bahia uses standard Internet technologies such as “cookies”and “web beacons” in order to retrace your interaction with our sites and services. “Cookies” are small files that are placed on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. You have the ability to prevent cookies from being saved on your computer by making the appropriate adjustments in your browser options. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.

Intellectual Property Ownership

All right, title and interest in the Service and the Site, including technology and trade secrets embodied therein and any Content or developments created or provided in connection with or related to the Service and the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Bahia or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledg