This Refund Policy (as the same may be amended, varied, supplemented or otherwise modified from time to time, this "Policy") sets out, describes and governs the circumstances in which refunds may or may not be available, granted or payable in respect of purchases, payments and transactions made with, to or through FundFX Trader ("FundFX Trader", the "Company", "we", "us" or "our"), and forms part of, is incorporated into, and is to be read together with, our Terms and Conditions, which you accept, and by which you agree to be bound, upon and by completing any purchase. Each capitalized term used but not otherwise defined herein shall have the meaning given to it in the Terms and Conditions. In the event of any inconsistency, ambiguity or conflict between this Policy and the Terms and Conditions in respect of the subject matter of refunds, this Policy shall prevail and take precedence to the extent of, and in respect of, that subject matter.
The fees, prices and charges paid in respect of evaluations, Plans and related products confer, and are paid in consideration of, immediate access to a digital service that is made available upon and immediately following confirmation of payment and that is, by its very nature, provided, delivered, consumed and performed at once and in full. Accordingly, and save and except to the extent otherwise expressly provided in this Policy or required by the mandatory provisions of the law applicable to you, all fees, prices and charges are and shall be final, definitive, absolute and non-refundable, and no right to, or claim for, any refund, credit, set-off, exchange, reimbursement or other recovery shall arise, accrue, subsist or be payable upon or following the completion of a purchase, whether or not you subsequently access, use, complete, pass, fail or make any use whatsoever of the relevant product, evaluation, account or service.
Nothing in this Policy or in the Terms and Conditions shall operate or be construed so as to exclude, restrict, limit, modify or affect any right, protection or remedy that may be available to you and that cannot lawfully be excluded, restricted, limited, modified or affected under the mandatory consumer-protection laws of your place of residence, including, where and to the extent applicable, any statutory right of withdrawal, cancellation or cooling-off in respect of digital content or digital services. Where and to the extent that any such right applies, you acknowledge, agree and confirm that, by requesting immediate access to, and by commencing to access or use, the digital service upon or immediately following confirmation of payment, the supply, provision and performance of the digital service begins, and is expressly acknowledged by you to begin, immediately, which may cause, result in or have the effect that any applicable statutory right of withdrawal, cancellation or cooling-off is lost, reduced, limited or extinguished, to the fullest extent permitted by the law applicable to you.
Notwithstanding the general rule of non-refundability set out above, and without in any way limiting or affecting the same, where and to the extent that you have been charged more than once for one and the same order as a result of a technical, processing or system error, or where and to the extent that a charge has been applied to you in manifest or evident error, you should contact us, within a reasonable time and through the channels described in this Policy, providing the relevant order and payment details; and, following our review and verification of the same, we will refund the duplicate or erroneous amount (and only such amount) using, where and to the extent reasonably practicable, the original payment method. If you believe, suspect or become aware that any charge was not authorised by you, you should contact us promptly and without undue delay so that the matter may be reviewed, investigated and addressed in accordance with this Policy and the Terms and Conditions.
Because and in view of the fact that the service is delivered, provided and made available immediately upon or immediately following confirmation of payment, you agree, covenant and undertake that, prior to and as a condition of initiating, requesting or procuring any chargeback, payment reversal, retrieval, dispute or claim with or through your payment provider, bank or card issuer, you will first contact us in good faith, through the channels described in this Policy, and will afford us a reasonable opportunity to review, investigate, address and resolve the relevant matter. The initiation of any chargeback, reversal or dispute without your having first done so, or after the relevant product, evaluation or account has been accessed or used, may be treated and dealt with as a material breach of the Terms and Conditions, and may, without limitation and without prejudice to any other right or remedy, result in the suspension, closure or termination of any or all of your accounts and the withholding or forfeiture of any and all associated benefits. Where the Company, in its sole and absolute discretion, elects to offer a refund of the original Plan price (and only such amount) solely and exclusively for the purpose of bringing the commercial relationship to an end, the acceptance by you of any such refund shall constitute, operate as and be treated as full, final and complete settlement, satisfaction and discharge of the relevant matter and a waiver and release of any and all further or other claims, demands or rights in respect thereof.
In order to request any refund that may be available under, and in accordance with, this Policy, you should contact us, within a reasonable time and through the contact form made available on the website or through your account dashboard, providing the relevant order reference and identifier, the payment method used, and a full and accurate description of the circumstances relied upon. We will receive, review and consider each request on its own merits and in accordance with this Policy and applicable law, and may request such further information as is reasonably necessary to assess, verify and determine the request; and we will communicate our determination or decision within a reasonable period. Any refund that is granted or approved will be made, where and to the extent reasonably practicable, using the original payment method, and may be subject to such deductions, fees or charges as are permitted by applicable law or by the terms of the relevant payment provider.
By completing any purchase, you acknowledge, represent, confirm and agree that you have read, examined and understood this Policy in its entirety, together with the Terms and Conditions, and that you accept and agree to be bound by, and to comply with, each and all of the provisions hereof and thereof. We may, at any time and from time to time and in our discretion, amend, vary, update, supplement, restate, replace or otherwise change this Policy in accordance with the provisions governing amendments in the Terms and Conditions; and any such amendment, variation, update or change takes effect prospectively upon publication and applies to purchases, payments and transactions made on or after the effective date thereof.