Terms and Conditions

Terms and Conditions of www.adkgroup.io

These Terms govern the use of this Website and any other related legal agreements or relationships with the Owner in a legally binding manner. Capitalized terms are defined in the relevant section of this document.

Users are advised to carefully read this document. This Website is provided by:

Fintech Media Advertising LTD 237 Queen's Road Central 2/F Tern Centre, Tower 1 Hong Kong Owner’s contact email: info@fintechmedia.biz

About this Website

The marketing and communication activities for the "SOFTWARE ADK" brand are managed by Fintech Media Advertising Limited, 237 Queen's Road Central, 2/F Tern Centre, Tower 1, Hong Kong. The domain and brand are owned by Fintech Media Advertising LTD, 237 Queen's Road Central, 2/F Tern Centre, Tower 1, Hong Kong. Any disputes regarding alleged violations or misleading communications related to marketing activities must be reported via email to info@fintechmedia.biz.

This Agreement, the rights and obligations of the parties under this Agreement, and any legal action or proceeding arising directly or indirectly from this Agreement or related to the transactions contemplated by this Agreement, shall be governed, interpreted, and enforced in accordance with the laws of the HONG KONG SAR. Fintech Media Advertising LTD and the Customer irrevocably submit to the exclusive jurisdiction of the courts of HONG KONG SAR.

The following documents are incorporated by reference into these Terms:

What users should know at a glance

  • Please note that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may only apply to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each relevant clause. In the absence of such a mention, the clauses apply to all Users.

  • The use of this Website and the Service is subject to age restrictions, as detailed in the relevant section of this document.

Terms of Use

Individual or additional conditions of use or access may apply in specific scenarios and are indicated within this document where relevant. By using this Website, Users confirm that they meet the following requirements:

  • There are no restrictions for Users in terms of being either Consumers or Business Users;

  • Users must be over 18 years old.

Account Registration

To use the Service, Users may register or create a User Account, providing all the required data or information in a complete and truthful manner. Users may also use the Service without registering or creating a User Account; however, this may limit the availability of certain features or functions.

Users are responsible for maintaining the confidentiality and security of their login credentials. Therefore, Users are required to choose passwords that meet the highest security standards allowed by this Website. By registering, Users agree to take full responsibility for all activities that occur under their username and password.

Users are required to immediately and clearly inform the Owner via the contact details provided in this document if they believe their personal information, including but not limited to user accounts, login credentials, or personal data, has been compromised, improperly disclosed, or stolen.

Account Closure

Users may close their account and stop using the Service at any time by following these steps:

  • By directly contacting the Owner through the contact details provided in this document.

Suspension and Deletion of Accounts

The Owner reserves the right, at its sole discretion, to suspend or delete User Accounts at any time and without notice if deemed inappropriate, offensive, or in violation of these Terms. The suspension or deletion of User Accounts does not entitle Users to any claims for compensation, damages, or refunds. Suspension or deletion of accounts due to reasons attributable to the User does not exempt the User from paying any applicable fees or charges.

Content of this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors. The Owner strives to ensure that the content provided on this Website does not violate any applicable legal provisions or third-party rights. However, achieving such results may not always be possible.

In such cases, without prejudice to any legal rights of Users to assert their claims, Users are kindly asked to report related complaints, preferably using the contact details provided in this document.

Rights to the content on this website - All rights reserved

The Owner holds and reserves all intellectual property rights over such content. Therefore, Users may not use such content in any way that is not necessary or implied for the proper use of the Service. Specifically, but not limited to, Users may not copy, download, share (beyond the limits specified below), modify, translate, transform, publish, transmit, sell, sublicense, modify, transfer/assign to third parties, or create derivative works from the content available on this Website, nor allow third parties to do so through the User or their device, even without the User's knowledge.

Where expressly indicated on this Website, Users are permitted to download, copy, and/or share certain content available on this Website exclusively for personal, non-commercial use, provided proper attribution of authorship and any other relevant information requested by the Owner are clearly stated. Any limitations or exceptions provided by copyright law remain unaffected.

Access to external resources

Through this Website, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content or availability.

The terms applicable to any resources provided by third parties, including any applicable rights granted over the content, are derived from the terms and conditions of each such third party or, in the absence of these, from applicable statutory law. Specifically, on this Website, Users may view advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisements, they will interact with the third party responsible for that advertisement. The Owner is not responsible for any aspect resulting from such interaction with third parties, such as anything arising from visiting third-party websites or using third-party content.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, in accordance with these Terms and applicable law. Users are solely responsible for ensuring that their use of this Website and/or the Service does not violate any applicable laws, regulations, or third-party rights. Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying Users access to this Website or the Service, terminating contracts, and reporting any illicit conduct performed through this Website or the Service to competent authorities—such as judicial or administrative authorities—whenever Users engage or are suspected of engaging in any of the following activities:

  • Violating laws, regulations, and/or these Terms;

  • Violating third-party rights;

  • Significantly impairing the legitimate interests of the Owner;

  • Offending the Owner or third parties.

TERMS AND CONDITIONS OF SALE

Some of the Products provided on this Website, as part of the Service, are offered for a fee. The applicable fees, duration, and conditions for purchasing such Products are outlined during calls with the sellers. The products are offered by ADK GROUP (specified and identified in the contact section) and FINTECH MEDIA (specified and identified in the contact section).

Product Description

Prices, descriptions, or availability of the Products are outlined during calls with the sellers and may be subject to change without prior notice. While the Products on this Website are presented with the highest technical accuracy possible, the representation on this Website through any medium (including, where applicable, graphic material, images, colors, sounds) is for informational purposes only and does not imply any warranty regarding the characteristics of the purchased Product. The features of the chosen Product will be outlined during the purchase process.

To specify, the products fall into three categories:

a. ADK Software (copy trading) offered by Fintech Media and Mordex b. ADK ADVANCED (automatic trading software) offered by ADK c. Superamento (demo account capitalization purchased from another company) offered by ADK

Purchase Process

Each step, from selecting a Product to submitting the order, is part of the purchase process. The purchase process includes the following steps:

  • Users must select the desired Product and review their purchase selection.

  • After reviewing the information displayed in the purchase selection, Users can place the order by submitting it.

Order Submission

When the User submits an order, the following applies:

  • Submitting an order results in the conclusion of the contract, thus creating an obligation for the User to pay the price, taxes, and any additional charges and fees as specified on the order page.

  • If the purchased Product requires action from the User, such as providing information or personal data, specifications, or particular requests, submitting the order creates an obligation for the User to cooperate accordingly.

  • Once the order is submitted, Users will receive a receipt confirming the receipt of the order.

  • All notifications related to the purchase process will be sent to the email address provided by the User for this purpose.

Prices

Users are informed during the purchase process, and before submitting the order, of any fees, taxes, and costs (including delivery fees, if applicable) that will be charged.

Payment Methods

Information about accepted payment methods is provided during the purchase process. Some payment methods may only be available under specific conditions or with additional fees. In such cases, relevant information can be found in the dedicated section of this website. All payments are processed independently through third-party services. Therefore, this website does not collect any payment information, such as credit card details, but only receives a notification once the payment has been successfully completed. If a payment using the available methods fails or is declined by the payment service provider, the Owner will have no obligation to fulfill the purchase order. If a payment fails or is declined, the Owner reserves the right to charge the User for any related fees or damages.

Ownership of the Product

Until the Owner has received full payment of the purchase price, the ordered Products will not become the property of the User.

Rights to Use

Users do not acquire any rights to use the purchased Product until the Owner receives full payment of the purchase price.

Delivery

Deliveries are made to the address provided by the User and according to the methods specified in the order summary. Upon delivery, Users must check the contents of the delivery and promptly report any anomalies using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Goods are delivered to the countries or territories specified in the relevant section of this website. Delivery times are specified on this website or during the purchase process.

Failed Delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damage or delay after delivery to the courier if the latter was arranged by the User. If the goods are not received or collected at the time or within the specified deadline, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on further actions. Unless otherwise agreed, any delivery attempt after the first will be at the User’s expense.

Delivery of Digital Content

Unless otherwise specified, digital content purchased on this Website is provided through download to the device(s) chosen by the Users. Users acknowledge and agree that in order to download and/or use the Product, the intended device(s) and respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

User Rights

Right of Withdrawal

Unless exceptions apply, the User may have the right to withdraw from the contract within the period specified below (typically 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply to this Website. Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded through this Website due to the nature of its offering.

Warranties

Under EU law, for a minimum period of 2 years after delivery, merchants must ensure the conformity of the goods they sell. This means that merchants are required to guarantee that the goods purchased have the quality promised, or the quality that can be reasonably expected, as well as the functionality or characteristics, for at least two years after being delivered to the buyer.

Where Users are qualified as European Consumers, the legal warranty of conformity for goods applies to items available on this Website in accordance with the laws of their country of habitual residence. The national laws of such a country may provide these Users with broader rights. Consumers who are not qualified as European may benefit from legal warranty rights of conformity in accordance with the legislation of their country of habitual residence.

Liability and Indemnification

Indemnification

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from and against any claim or demand, including but not limited to legal fees and costs, made by any third party due to or arising from any culpable use of or connection to the Service, violation of these Terms, breach of any third-party rights or statutory provision by the User or their affiliates, officers, directors, agents, co-branders, partners, and employees, to the extent permitted by applicable law.

Unless otherwise specified and without prejudice to the applicable legal provisions on product liability, Users have no right to claim damages against the Owner (or any natural or legal person acting on their behalf). This does not apply to damages to life, health, or physical integrity, to damages arising from the breach of an essential contractual obligation, such as any obligation strictly necessary to achieve the contract’s purpose, and/or to damages caused by willful misconduct or gross negligence, provided that this Website was used properly and correctly by the User.

Unless damages are caused by willful misconduct or gross negligence, or they affect life, health, or physical integrity, the Owner will only be liable for typical and foreseeable damages at the time of the contract’s conclusion.

In particular, within the limits outlined above, the Owner will not be liable for:

  • Any losses that are not a direct consequence of a breach of the Terms by the Owner;

  • Any loss of business opportunities or any other indirect losses suffered by the User (such as, but not limited to, business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

  • Damages or losses due to interruptions or malfunctions of this Website caused by events of force majeure, meaning events that are unforeseen and unpredictable and, in any case, independent of the Owner’s will and beyond their control, such as, but not limited to, failures or interruptions of telephone or electrical lines, the Internet, and/or other transmission methods, website unavailability, strikes, natural disasters, viruses and cyberattacks, interruptions in the provision of products, services, or third-party applications.

Without prejudice to the above, the following limitation applies to all Users who are not Consumers:

In any case of liability, compensation cannot exceed the total amount of payments that have been, will be, or would be received by the Owner from the User under the contract over a period of 12 months, or for the duration of the Contract, if shorter.

Australian Users

Limitation of Liability

Nothing in these Terms excludes, limits, or modifies any warranty, condition, guarantee, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation that cannot be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability that is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost for the re-supply of the services.

U.S. Users

Disclaimer of Warranties

This website is provided strictly "as is" and "as available." Use of the Service is at the Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User will be solely responsible for any damage to their computer system or mobile device or for loss of data resulting from such download or the use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User's web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The exclusions above may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights that vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to the use of or inability to use the Service; and

  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the User's account or the information contained therein;

  • any errors, inaccuracies, or incorrectness in the content;

  • personal injury or property damage of any nature whatsoever resulting from the User's access to or use of the Service;

  • any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein;

  • any interruption or cessation of transmission to or from the Service;

  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

  • the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by the User to the Owner under this Agreement in the 12 months preceding or for the duration of this agreement between the Owner and the User, whichever is shorter.

This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any claim or demand, damages, obligations, losses, liabilities, costs, or debts, and expenses, including but not limited to legal fees and costs, arising from:

  • The User’s use of and access to the Service, including any data or content transmitted or received by the User;

  • The User’s violation of these terms, including, but not limited to, any breach by the User of any representations and warranties set forth in these terms;

  • The User’s violation of any third-party rights, including, but not limited to, privacy rights or intellectual property rights;

  • The User’s violation of any law, rule, or regulation;

  • Any content submitted from the User’s account, including third-party access with the User’s unique username, password, or other security measures, if applicable, including but not limited to misleading, false, or inaccurate information;

  • The User’s malicious conduct; or

  • Any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by applicable law.

General Provisions

No Waiver

The failure of the Owner to exercise any right or provision under these Terms will not constitute a waiver of such right or provision. No waiver will be considered a further or continued waiver of that term or any other term.

Service Interruption

To ensure the best service level possible, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, with appropriate notice to the Users. Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. In case of Service termination, the Owner will work with Users to allow them to retrieve their Personal Data or information and will respect Users' rights regarding continued use of the product and/or compensation, as required by applicable law.

Resale of Services

Users may not reproduce, duplicate, copy, sell, resell, or exploit any part of this Website and its Service without the express written consent of the Owner, granted directly or through a legitimate resale program.

Privacy Policy

For further information on the use of Personal Data, Users may refer to this Website’s privacy policy.

Intellectual Property Rights

Unless otherwise stated in these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website, are the exclusive property of the Owner or its licensors and are protected by applicable laws and international intellectual property treaties. All trademarks — whether nominative or figurative — and all other marks, trade names, service marks, brand names, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected by applicable laws and international intellectual property treaties.

Amendments to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of the changes. Such modifications will only affect the relationship with the User from the date the changes are communicated onward. Continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Contract. The previous version of the Terms will govern the relationship before the User’s acceptance. Users may obtain any previous version from the Owner. Where required by law, the Owner will inform Users in advance of when the modified Terms will take effect.

Assignment of the Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all of its rights and obligations under these Terms, considering the legitimate interests of the User. Provisions regarding amendments to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contact Information

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

If any provision of these Terms is deemed invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

U.S. Users

Any invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably necessary to make it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

If any provision of these Terms is or becomes null, invalid, or unenforceable, the parties will attempt, in good faith, to agree on valid and enforceable provisions to replace the null, invalid, or unenforceable parts. If such efforts fail, the null, invalid, or unenforceable provisions will be replaced by applicable statutory provisions, where permitted or required by applicable law.

Governing Law

These Terms are governed by the law of the location where the Owner is based, as indicated in the relevant section of this document, without regard to conflict of law principles.

Prevalence of National Law

However, notwithstanding the above, if the law of the country where the User is located provides a higher standard of consumer protection, such higher standards will prevail.

Jurisdiction

The exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms lies with the courts in the location where the Owner is based, as indicated in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users who qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway, or Iceland.

UK Consumers

Consumers residing in England and Wales may bring legal actions related to these Terms in the courts of England and Wales. Consumers residing in Scotland may bring legal actions related to these Terms in either the Scottish or English courts. Consumers residing in Northern Ireland may bring legal actions related to these Terms in either the Northern Irish or English courts.

U.S. Users

Each party expressly waives any right to a jury trial in any court in relation to any action or litigation. Any claims under these terms will be handled individually, and no party will join a class action or other proceeding with or on behalf of others.

Dispute Resolution

Amicable Resolution of Disputes

Users may submit any disputes to the Owner, who will attempt to resolve them amicably. While Users’ rights to take legal action will always remain unaffected, in the event of any dispute concerning the use of this Website or the Service, Users are requested to contact the Owner using the contact details provided in this document. Users can submit a complaint, including a brief description and, if applicable, details of the order, purchase, or account related to it, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 2 days of receipt.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution, which facilitates an out-of-court method for resolving disputes related to and arising from online sales and service contracts. Consequently, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts entered into online.

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