1. Some key terms
Thanks for visiting MarketSharks! MarketSharks ( “we”, “us” or “our”) is a software development and educational company for self-directed investors. MarketSharks does NOT provide financial advice, investment advise or Brokerage services nor do we act as such. Trading and investing in like markets carries a high level of risk, and should be treated accordingly. Never invest money that you cannot afford to lose.
When we refer to “Users”, "You", our "Your", we mean YOU our customer who use our Services.
By using any of MarketSharks Services, you confirm you have read, agreed and understood these Terms of Service.
2. Your agreement.
This is a legal agreement between MarketSharks and YOU the subscriber to MarketSharks products and services.
Your subscription and use of MarketSharks products serves as your acknowledgement and representation that you have read, and understand these TERMS OF SERVICE and that you agree to be bound by such TERMS OF SERVICE ("Agreement").
You understand and agree to ACCEPT this Agreement is, legally, the same as manually signing this Agreement. MarketSharks reserves the right, in MarketSharks sole discretion, to change, modify, add or remove portions of MarketSharks Terms at any time by posting the revisions on the Website. When we make changes, we’ll update the “Effective Date” at the top of TERMS OF SERVICE and post it on our site. You should check MarketSharks Terms periodically for changes as by using the MarketSharks products after MarketSharks posts any changes to terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualised notice of such changes. MarketSharks Terms of Service may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to MarketSharks Terms of Service. Your continued use of the MarketSharks products means that you accept any new or modified MarketSharks Terms.
3. Legal obligation of self-directer investor.
As an independent and self-directed investor, you acknowledge that you, alone, shall be fully responsible for determining the suitability of your investment choices and trading strategies, and you understand that MarketSharks offers education and software that can act as a semi-automated trading system (trading robots). By signing up as a member you acknowledge that we are not providing financial advice and that you are making a the decision to place trades and/or trading robots on your own trading account at your own discretion. Other than giving you access/removing access and updating our platform and services, MarketSharks and our staff have NO access to your your trading platform or your trading accounts. You must make your own financial decisions, we take no responsibility for money made or lost as a result of our services or advice on forex related products on this website. MarketSharks Staff shall assume no responsibility for your investment choices or determinations. You shall not hold MarketSharks or any of its employees or the Staff liable for investment decisions and trading strategies.
4. General Product Advice
You also recognise that MarketSharks does not give legal, investment or financial advice. MarketSharks and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of MarketSharks products. MarketSharks is not a financial adviser, and does not issue advice, recommendations, or opinion in relation to acquiring, holding or disposing of a margined transaction.
5. Your legal Age
You represent that you are of legal age to enter into a binding contract with us; you must be at least 18 years old.
No one under the age of 18 may use this site; if you are under the age of 18, you are not permitted to access this website for any reason or to give access to anyone under the age of 18. Doing so is a violation of this contract, and MarketSharks will act accordingly.
6. RISK WARNING
Forex trading involves a high level of risk, and may not be suitable for all investors. You should carefully consider your objectives, financial situation, needs and level of experience and seek independent advice if necessary. Forex and CFDs are highly leveraged products which mean both gains and losses are magnified. You should only trade in these products if you fully understand the risks involved and can afford losses without adversely affecting your lifestyle (including the risk of losing substantially more than your initial investment).
No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on the website, in any video or webinars, in the course notes, on any email or within any other trading material provided. Trading involves high risks and you can lose a all of your deposit and more. Seek independent advice to decide if algorithmic trading in Foreign Exchange is suitable for your personal financial situation.
Despite having a stop loss there is no guarantee against any prevention of loss.
Investing in any investments, including those discussed in the website, is often very risky and speculative.
There is no guarantee for success of any kind. Trading in Forex or CFDs can result in immediate and substantial losses of the capital invested despite a personal trading plan and stop loss.
7. Past performance and future results
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. No representation is being made that any account will or is likely to achieve profits or losses similar to those talked about on our website, videos, emails or e-books or newsletters. Back-tested performance is hypothetical (it does not reflect trading in live market) One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. in addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. for example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. there are numerous other factors related to markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
8. Copyright and digital intellectual property rights
The MarketSharks products are for your personal use only. You shall not distribute, copy, copy trade, signal trade, clone, decompile, reproduce, exchange, modify, sell, or transmit any MarketSharks products. All MarketSharks materials, including but not limited to audio, images, software, text, and video clips, are protected by copyright and digital intellectual property rights under international conventions, and other copyright laws. You agree to follow the instructions limiting the use of the materials only for your personal use. Any unauthorised use of the DARA TRADE materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
In cases of fraud or theft by you, acting alone or in concert with others, including situations in which you have allowed third parties to use your membership access or copied your trades of the MarketSharks automated trading systems, MarketSharks shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a $10,000 fee per forged, faked, fictitious, stolen or otherwise unauthorised item or transfer. This fee shall constitute liquidated damages to compensate MarketSharks for the time and effort of MarketSharks employees in rectifying said conduct.
IF YOU PURCHASE A SUBSCRIPTION PRODUCT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND WE WILL AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE NEXT BILLING DATE. WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIAL SUBSCRIPTION. (SEE DETAILS ON CANCELLATION BELOW).
You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your purchase. MarketSharks further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the The MarketSharks Web site and sending modified schedule of Pricing to existing members. MarketSharks further reserves the right to reject a purchase for any reason.
You agree to reimburse MarketSharks for any collection costs relating to any unsecured debit balance in your purchase, including taxes, attorney's fees, court costs, arbitration expenses, and interest.
If your membership payment has not been received on the due date, your membership will be terminated and your trading robots will stop working within 7 days.
You agree that your use of the MarketSharks trading robots and academy will be licensed to a single (1) live trading account and one (1) demo account. Addition live account licenses can be purchased for reduced fee.
10. Cancellation of membership.
You may cancel your membership at any time by contacting us at or in the members area. However, you must cancel at least 3 working days before your next automatic renewal date to avoid been charged.
To stop robot trading disable Auto-trading and remove robots from your charts, close any open trades manually.
MarketSharks may terminate/alter any or all services, upon notice to you, rendered under this Agreement at any time and for any reason.
Our products are digital education material, that being said once viewed, cannot be returned like a physical item. Once you view it, you cannot un-view it. In summation, we do not offer returns or refunds for our products once viewed or used. By checking the box "agree to terms" upon checkout, you agree to these statements with full knowledge and understanding that if any of these statements are violated, that MarketSharks will enforce them legally.
12. Foreign law
The MarketSharks makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web site's content or its compliance with such local laws. You understand that the MarketSharks site is the only means of accessing the MarketSharks products and services. You agree that MarketSharks shall not be liable for any losses or damages you incur as a result of the unavailability of The MarketSharks Web site from foreign countries.
13. Local law
Please check with your local jurisdiction if you are permitted to trade in Foreign Exchange (FOREX) market using algorithmic or non-algorithmic trading strategies before purchasing the membership. The information on this site is not directed at residents of countries where its distribution, or use by any person, would be contrary to local law or regulation.
14. Software errors
Every effort has been made to make our software error and bug free. However, software errors and bugs are still possible. You must report any software errors and bugs to our management team immediately so we can rectify them. Furthermore, You agree that MarketSharks will NOT be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) in event of any of our software error or malfunction.
15. Software updates
MarketSharks will regularly update the trading software and education. You must update the new robot version promptly as soon as made available to you and stop using old versions immediately. Any out-dated robot versions should NOT be used.
Software updates notices will be sent over the email.
By purchasing MarketSharks products and agreeing to these TERMS OF SERVICE, you agree to receive all communications from MarketSharks via the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of transactions, Purchase statements, financial statements, notices of modifications to MarketSharks TERMS OF SERVICE, and other basic communications. Communications sent to your e-mail address or provided through the web site must be retrieved and read promptly. All communications sent by MarketSharks by any means will be deemed to have been received by you. You agree to advise us promptly of any changes to your e-mail and/or mailing address. You agree to advise MarketSharks promptly of any errors or omissions in any transaction or in the handling of your membership Purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.
You are responsible for protecting the confidentiality of any subscription identification, numbers, codes, user name, log in data, passwords or codes that we give you in connection with your use of our website and products.
You agree to notify us immediately of any unauthorized use of subscription identification numbers codes and passwords or any other breach of security. We will not be responsible or liable for any losses you incur from the unauthorized use of your membership, identification number, codes, user name, log in data, passwords or codes
The testimonials presented on any of our Company’s websites/webinars/videos are applicable to the individuals depicted only and may not be representative of the experience of others. The testimonials are not paid and are not indicative of future performance or success of any other individuals. Our Company cannot and does NOT guarantee that you will achieve the same results as other members.
19. Forex Brokers
MarketSharks is NOT a broker
If you open a live trading account with our recommended brokers using our referral links we will be compensated by the broker with commission rebates from your trades. This does NOT affect your trading spreads, your trading balance, or your trading profits. There is no markup when you open a trading account with our recommended brokers using our referral links. Different brokers can have different prices, spreads, time zone settings or high latency. This can lead to false signals. For this reason we strongly recommend you open trading account with brokers we have tested our systems. However, even the same broker can have multiple servers and different price feed, furthermore since we trade in real open market there is never a guarantee that someone will be there to take other side of your trade. This can lead to differences in between trading accounts.
If you choose to trade with different broker than what we recommend , expect to have significantly different trade results. Furthermore, make sure to do plenty of demo testing on brokers other than the ones we recommend as automated trading systems can perform a lot differently on other broker trading platforms.
MarketSharks shall NOT be responsible for any coding errors, trading errors, slippage, spread widening, misquoting, wrong lot sizes, hedging restrictions, FIFO rule restrictions or Automated trading restrictions, or Account type change done by your broker.
If you change your account type with your broker (such as from Pro to Standard account type) always ensure that you disable trading robots ( disable auto-trading) and CLOSE any open positions before requesting the account type change.
ADDITIONAL CLAUSES AND PROVISIONS
NONSOLICITATION OF CUSTOMERS/CLIENTS PROVISION
The Client agrees that for the duration of their involvement with MarketSharks or it's partners and after the client is no longer part of MarketSharks, the client will not directly or indirectly solicit, agree to perform or perform services of any type that MarketSharks can render ("Services") for any person or entity who paid or engaged MarketSharks for Services, or who received the benefit of the Company's Services, or with whom the client had any substantial dealing while employed or involved otherwise by MarketSharks. However, this restriction with respect to Services applies only to those Services rendered by the client or an office or unit of the Company in which the client worked or over which the client had supervisory authority. This restriction also applies to assisting any client or other third party.
I, as a MarketSharks Purchaser, have read and understand these Terms of Service. Furthermore, my continued use of MarketSharks products shall constitute my consent to these Terms of Service.