Low Spread. High Leverage. Fast Execution.
We work with trusted providers to enable simulated trading on Forex, Commodities, Indices and Cryptocurrencies.
We work with trusted brokers to enable simulated trading on Forex, Commodities, Indices and Cryptocurrencies.
Trade with over 40 major and minor Forex pairs. Use your own strategies in our fully simulated environment that closely mimics live market.
Trade leading cryptocurrencies with low spread.
Trade spot gold and spot silver contracts against the US dollar with tight spreads, on our raw account.
Trade popular indices with competitive spreads across our cash Indices like the UK 100 and S&P 500.
* All trading referenced above is virtual, simulated trading. No actual trades are executed on the live market.
Voyage Markets SPC (“VM” or “we” or “us”) respect your privacy and are committed to ensuring that consumers who access our website and/or use or access products or services offered by us (“you” or “your”) are informed regarding the way their personal data is used. This Privacy Policy (this “Policy”) applies to VM,https://voyagemarkets.net(the “Site”), and all products and services offered by VM, and governs personal data collection and usage by us. For the purposes of this Policy, unless otherwise noted, all references to VM include the Site and VM. The Site is an ecommerce website. By using the Site, you consent to the data practices described in this Policy and all revisions or amendments made to this Policy from time to time. VM provides assistance to individuals with disabilities to communicate effectively with them. Please contact us through our e-mail address: [email protected].
We collect information about you in a variety of ways depending on how you interact with us, the Site and our services, including:
In order to better provide you with products and services offered, we may collect personally identifiable information, such as the following, which sets forth the types of personal information we collect and how we use the information:
| Context | Types of Data | Primary Purpose for Collection and Use of Data |
|---|---|---|
| Account Registration | We may collect your name, financial information, and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account. | We have a legitimate interest in providing account related functionalities to our users and preventing illegal conduct. |
| Biometric Identifiers | We may collect certain biometric information about you, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns, or rhythms, and sleep, health, or exercise data that contain identifying information. | We are required to collect this information to meet our legal obligations and have a legitimate interest in doing so and preventing fraud. |
| Client Information | We collect the names and contact information of our clients and their employees with whom we may interact. | We have a legitimate interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing. |
| Cookies and First-Party Tracking | We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer&s hard drive while a website is viewed. | We have a legitimate interest in making our website operate efficiently. |
| Cookies and Third-Party Tracking | We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can report analytics to us or provide advertising about products and services tailored to your interests. That third party might also collect information over time and across different websites in order to serve advertisements on our website or other websites. | Where required by law, we base the use of third-party cookies upon consent. |
| Demographic Information | We collect personal information, such as your date of birth, race or location. | We have a legitimate interest in ensuring our users are legitimate and to prevent fraudulent and illegal activity. |
| Email Interconnectivity | If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. | We have a legitimate interest in understanding how you interact with our communications to you. |
| Employment | If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment. | We use information about current employees to fulfil our obligations to employees. In some contexts, we are also required by law to collect information about employees or applicants. We also have a legitimate interest in using your information to have efficient staffing and work force operations. |
| Feedback/Support | If you provide us feedback or contact us for support, we will collect your name and email address, as well as any other content that you send to us, in order to reply. | We have a legitimate interest in receiving, and acting upon, your feedback or issues. |
| Mobile Devices | We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our stores. | We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices. |
| Order Placement | We collect your name, billing address, email address, phone number, and credit card number when you place an order. | We use your information to perform our contract to provide you with products or services. |
| Partner Promotion | We collect information that you provide as part of a co-branded promotion with another company. | We have a legitimate interest in fulfilling our promotions. |
| Public Health and Safety | In certain situations where a serious public health threat has been identified, we may collect information from employees, guests, and other individuals accessing our facilities. This may include medical and health information, such as body temperature, symptoms, and underlying health conditions. In some cases, we may also collect medical, health, and related information about an employee’s children, family member, or other individuals under the employee’s care. | We have a legitimate interest in protecting the health and safety of our employees and guests. In some jurisdictions we may be required by law, regulation, or governmental order to collect and retain information related to issues of public health and safety. We have a legitimate interest in complying with the laws in the jurisdictions in which we operate. |
| Surveys | When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third-party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. | We have a legitimate interest in understanding your opinions and collecting information relevant to our organization. |
| Sweepstakes or contests | When you participate in a sweepstakes or contest, we collect information about you which includes contact information to notify you if you are selected. | We have a legitimate interest in operating the sweepstakes and contests. In some contexts, we are also required by law to collect information about those that enter into our sweepstakes and contests, and we have a legitimate interest in complying with those laws. |
| Website interactions | We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser. | We have a legitimate interest in understanding how you interact with our website to better improve it, and in understanding your preferences and interests to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
| Web logs | We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. | We have a legitimate interest in monitoring our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular. |
We collect this data and provide it to third parties, as discussed below, if it is a necessary step in the user’s account creation process, contributes to the ease of use, reliability, security, or functionality of our products. If you purchase our products or services, we collect billing and credit card information. This information is used to complete the purchase transaction or issue payments to you.
You may be required to provide certain personal information to us when you elect to use certain products or services. We also may gather additional personal or non-personal information in the future for the same purpose.
We collect and use your personal information to:
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. As a result, our collection and processing of your information may be based in different contexts depending on your consent, our need to fulfil a contract, our obligations under law, and/or our legitimate interest in conducting our business. You explicitly consent to sharing your data by us and/or our affiliates with other proprietary trading firms or third parties for the purposes of detecting fraudulent, deceptive, malicious, or criminal behavior or any violations of our Terms or this Agreement.
In addition to the specific situations discussed elsewhere in this Statement, we may disclose personal information in the following situations:
We may track and record the websites and pages our users visit, in order to determine what our services are the most popular. This data is used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.
Information about your computer hardware and software may be automatically collected by us. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of our website.
Our website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize the webpages, or register with our site or services, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same website, the information you previously provided can be retrieved, so you can easily use the features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our services or websites you visit. Additionally, depending on where you live, you may have the right to restrict certain cookies using the cookie banner on our website.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
We take reasonable security measures to protect against unauthorized access to or alteration of your personal information. Notwithstanding the foregoing, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. In the event that we are required by law to inform you of a breach to your personal information we may, at our discretion, notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
We retain your personal information for only as long as necessary to fulfil the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.
Subject to certain exceptions, and only for those individuals who meet specific jurisdictional and legal requirements, you have the right to make the following requests:
To exercise any of your rights, you may email us at [email protected], Attn: Data Privacy Officer. In some circumstances, you may authorize an agent to exercise your rights by emailing us on your behalf. If you use an agent to submit an opt out request, you must provide the agent with signed written permission demonstrating that they have been authorized by you to act on your behalf. We may require more information to ensure proper verification of you and your agent's identity and authorization. Depending on your request, we will ask for information such as your name, information about the last interaction you had with us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. If you are utilizing an agent, we require a signed and notarized permission from you stating that the agent has authorization to act on your behalf. We will deny the request if we are unable to verify the requestor or the authorized agent.
We reserve the right to amend this Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after any such modifications will constitute your: (a) acknowledgment of the revised Policy; and (b) agreement to abide and be bound by such Policy as revised.
We welcome your questions or comments regarding this Statement. If you have any questions or comments, please contact us at:
Voyage Markets SPC
Attn: Data Privacy Officer
Cra. 25 #40-27
Calarcá, Quindío
Colombia
[email protected]California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Policy.
| Category of Personal Information | Category of Recipients | ||
|---|---|---|---|
| Disclosures for Business Purposes | Sharing for Cross Context Behavioral Advertising | Sales | |
| Identifiers - this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers. |
|
|
|
| Government Issued Identification – this may include social security number, driver’s license number, or state issued identification number, passport number. |
| None | None |
| Financial Information – this may include bank account number, credit card number, debit card number, and other financial information. |
| None | None |
| Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical, or mental handicap, etc. |
| None | None |
| Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
|
|
|
| Biometric information – this may include imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns, or rhythms, and sleep, health, or exercise data that contain identifying information |
| None | None |
| Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement. |
|
|
|
| Geolocation data |
|
|
|
| Professional or employment related information |
| None | None |
| Inferences drawn from any of the information listed above |
|
|
|
| Additional categories of personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature, physical characteristics, or description, , insurance policy number. |
| None | None |
This European Privacy Notice describes how Voyage Markets SPC (“VM” or “we”), organized in the Cayman Islands, comply with the General Data Protection Regulation effective as of 2018 and the United Kingdom’s Data Protection Act of 2018 (collectively, “GDPR”) with respect to personal data collected about citizens or residents of the European Union or United Kingdom, respectively (“European data subjects”).
How VM Processes DataWe collect with your express consent, or may collect in the future, your first and last name, email address, phone number, and your financial information. We may collect other information about you with your express consent. We collect your data through the online or physical registration process, completion of surveys or feedbacks, payment methods used to purchase our products or reimburse you, and use of cookies on our websites. We may also partner with cloud computing companies to store personal data through their software.
We may receive your data indirectly through your credit card processing companies and governmental agencies.
We use your data to process your purchase or to issue payments to you, manage your account, email you with special offers on other products we think you might like, send billing reminders, and perform other activities necessary and proper to serve you as best we can.
The GDPR is a law of the European Union (and set of rules some countries outside of the EU mirror) that gives individuals in Europe additional rights relating to the personal information collected about them. The main rights under that law are:
These rights can be exercised by an individual in Europe or their designated agent such as an attorney or those in possession of a power of attorney.
The GDPR applies to personal data of citizens or residents of the European Union or the United Kingdom, such as those who interact with VM’s products and websites. “Personal data” is defined broadly in the GDPR, and essentially encompasses any information that can be used directly or indirectly to identify an individual in Europe (or other non-EU state that adopted the provisions within GDPR). GDPR Article 4 defies “personal data” as any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
GDPR applies to personal data processed through purely automatic means or through non- automatic means
In accordance with the GDPR requirements, Europeandata subjects may contact VM to exercise their right to access the personal data that VM holds about them as well as how the data was used, the categories and the identity of third parties with whom the data was shared, and the purpose(s) for the sharing of the information. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.
European data subjects or their authorized agents who seek to exercise this right are subject to comprehensive verification to minimize any risk to individuals of sharing their person information with an unauthorized individual. We will deny the request if it is unable to verify the requestor or the authorized agent.
We can also deny the request if either company does not hold any personal data about the individual which falls within the scope of GDPR. This European Privacy Notice applies only to European data subjects and the scope of data covered by applicable European laws.
In accordance with the GDPR requirements, European data subjects may contact VM to change, correct, or add to the information VM has about them if they think that the data VM collected is incorrect or incomplete. Upon proper verification of the European data subject and proper request, VM will rectify the errors, if any. If the personal data was made public or shared with third parties, VM will make efforts to communicate to the third party the need to rectify the personal data.
Upon completion of rectification, VM will contact the European data subject promptly.
European data subjects have the right to request erasure of their personal data, and can make the request directly to us in his or her individual capacity or throughan authorized agent.They can do so by exercising that right through one of the other options identified in the Contact Methods section of this Notice.
VM is not obligated to erase personal information if we are required or permitted to retain such information in accordance with one of the exemptions in the GDPR. Individuals who exercise their right to request deletion directly or through an authorized agent will be subject to verification in accordance with the GDPR requirements. Valid reasons for the erasure are:
When VM process a request for erasure from a verifiedEuropean data subject, they will delete the data from their systems in a secure and irreversible manner, to prevent the data from being restored. To the extent that VM has entrusted any of the personal data of the European data subject to a third party, they will also contact that third party to process the erasure request and will confirm to the European data subject or the agent that they have done so. If the data was made public, VM will take reasonably steps to inform other controllers of the data that the data subject has requested the erasure.
Upon completion of erasure, VM will contactthe European data subject promptly.
European data subjects have the right to restrict the processing of their personal data in order to effectuate other rights or to effectuate the right to restrict processing in and of itself. When the restriction is effectuated, VM will not process the personal data objected to with the exception of storage, only to be processed with the data subject’s consentor for the establishment, exercise, or defense of legal claims, or for the protection on the rights of another natural or legal person. This right may be restricted further as the law demands.
A European data subject who has obtained restriction of processing will be informed by the Data Protection Officer before the restriction if processing is lifted.
European data subjects may object, on grounds relating to his or her particular situation, at any time. At which point, VM willcease processing of personal data concerning him or her unless they can demonstrate compelling, legitimate grounds for the processing.
Please do note that VM may not adhere to objections to processing of data if the processing is necessary for the performance of a task carried out for reasons of public or national interest.
European data subjects can request VM to transferthe personal data they have on them to the desired institution or person where technically feasible.
Upon completion of transfer, VM will contact the European data subject promptly.
VM will acknowledge, respond,and complete the requests to exercise the above Rights within one calendar month of receipt, and provide the information requested by the verified European data subject. If a reasonable delay is necessary, VM will contactthe European data subjectof the delay. The periodmay be extended up to two additional months if necessaryto respond to the requests.
GDPR provides certain instances when VM does not have to comply with a request to exercise GDPR rights. Such instances include: national security, defense, public security, the prevention and investigation of crime, protection of judicial independence and judicial proceedings, prevention, investigation, detection, and prosecution of breaches of ethics for regulated professions, enforcement of civil law claims, or other important objectives of general public interest
VM is an e-commerce entity with no physical storefront. They exclusively operate through their websites or other online methods, and they have direct relationships with their customers. You can email or mail them to exercise your rights. When you email your request, please write “My European Privacy Rights” in the subject field and identify as to who you are. VM is not responsible for notices that are not properly labeled or sent. When you mail your request, please write “My European Privacy Rights” on the header. If you believe VM is in breach of GDPR, you may contact your proper Commission.
In order to contact VM to exercise your rights as an individual in Europe, you can mail or message them through the following:
Voyage Markets SPC
Attn: Data Protection Office
Cra. 25 #40-27
Calarcá, Quindío
Colombia
Effective Date: March 8, 2024
Last Update: March, 2024
The voyagemarkets.net website (this “Site”) and all services and interactions with Voyage Markets SPC (the “Company”, “we” or “us”) are comprised of various web pages operated by the Company or mobile application provided by the Company (the “Apps”).The Site or the Apps, as applicable, are made available to you conditioned on and subject to your acceptance without modification of the terms, conditions, and notices contained herein (collectively, the “Terms” or this “Agreement”).By accessing or using the Site, the Apps, or our services or otherwise agreeing to this Agreement, you understand and agree to be bound by this Agreement and recognize that you may be waiving certain rights.Please read these Terms carefully and keep a copy of them for your reference.
The Company provides access to trading platforms where simulated trading on select instruments can be achieved online (the “Services”).The terms in this Agreement apply to the Services provided through webpages on the Site, the Apps, or otherwise by the Company.
Visiting the Site, using the Apps, contacting the Company via social media and live chat support, or sending emails to the Company constitutes electronic communications.You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, live chat support, social media, on the Site or through the Apps, satisfy any legal requirement that such communications be in writing.
If you use the Site or the Apps, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.You may not assign or otherwise transfer your account to any other person or entity.You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account.The Company and its associates reserve the right to refuse or cancel any Services, terminate accounts, or remove or edit content in our sole discretion.
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.If you are under the age of eighteen, you are prohibited from the use of services and interactions with the Company.If a minor circumvents the controls the Company has implemented to restrict use of the Services, any resulting actions or consequences are solely the responsibility of the minor.By accessing our services, you agree to hold us harmless for any actions or consequences resulting from your failure to comply with our age restrictions.
The Site and the Apps may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of any site or any association with its operators.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site or the Apps, as applicable, strictly in accordance with these Terms.As a condition of your use of the Site or the Apps, you warrant to the Company that you will not use the Site or the Apps for any purpose that is unlawful or prohibited by these Terms or any applicable law, regulation or requirement to which the Company or you are or may be subject.You may not use the Site or the Apps in any manner which could damage, disable, overburden, or impair the Site or the Apps, or interfere with any other party's use and enjoyment of the Site and the Apps.You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Apps.
All content included as part of the Services, including but not limited to text, graphics, logos, images, any compilation thereof, and any software used on the Site or the Apps, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or the Apps.The Company materials and content are not for resale, and by accessing the Site or the Apps you acknowledge and agree that you will not resell, redistribute or otherwise use or attempt to use the Site, the Apps, or their contents in any manner or for any purpose except as permitted or authorized by the Company.Your use of the Site or the Apps does not entitle you to make any unauthorized use of any content, and without limiting the foregoing, in particular you will not delete, alter or otherwise modify or attempt to modify any proprietary rights or attribution notices in any content.You will use protected content solely for your personal non-commercial use and will make no other use of the content without the express written permission of the Company and the copyright owner.You agree that you do not acquire any ownership rights in or claims to any Site/App content.We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company takes compliance with relevant laws, regulations, and requirements seriously and asks our customers to do the same.Further, the Company also respects the functioning of actual markets.As such, any trading practices that interfere with the functioning of actual markets are prohibited on our platform.Such trading practices that do not comply with the functioning of real markets include, but are not limited to:
Violation of any of these Terms or applicable laws, regulations or requirements in any way may lead to immediate termination of all accounts associated with our services and no refund or payment of any kind will be given. In addition, you may be held civilly and/or criminally liable if you violate these Terms or applicable laws, regulations or requirements. Understanding the importance of having a secure, reliable trading platform, you explicitly instruct the Company to share your data with other proprietary trading firms or third parties for the purposes of detecting fraudulent, deceptive, or criminal behavior or any violations of our Terms or this Agreement.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, the Apps, or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party or any applicable laws, regulations or requirements. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with the Company in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
In the event the parties are not able to resolve any dispute, claim or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements contained on the Site or the Apps, other agreements between us, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by either: (i) final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement or (ii) submitted to small claims court in Monroe County, Pennsylvania. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence.
The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:
Voyage Markets SPC
Cra. 25 #40-27
Calarcá, Quindío
Colombia
with an electronic copy to the following email address: [email protected]
If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator's decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for the Company shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against the Company. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Cayman Islands, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Severance of Arbitration Agreement. If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUALS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION
Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE APPS MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR THE APPS AT ANY TIME WITHOUT PRIOR NOTICE.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR THE APPS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VOYAGE MARKETS SPC AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOYAGE MARKETS SPC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE APPS, WITH THE DELAY OR INABILITY TO USE THE SITE, THE APPS, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE APPS, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE APPS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VOYAGE MARKETS SPC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE APPS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE APPS.
The Site and the Apps are controlled, operated and administered by the Company from our offices in Colombia. If you access the Site or the Apps from a location outside Colombia, you are responsible for compliance with all applicable laws. You agree that you will not use the Company content accessed through the Site or the Apps in any country or in any manner prohibited by any applicable laws, regulations or requirements.
The products referred to on the Site or the Apps may only be available in the territory to which the Site or the APPs is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE OR APP, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE OR THE APPS ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN COLOMBIA. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to Colombia export controls and are responsible for any violations of such controls, including without limitation any Colombia embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes & Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using the Site or the Apps, as applicable, you agree to that these California Civil Code Section 1542 protections no longer apply to you.
Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer's right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer's obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, the Apps or the Services, please send an e-mail to [email protected] or contact us in writing by writing to Voyage Markets SPC, Cra. 25 #40-27, Calarcá, Quindío, Colombia.
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Any intellectual property rights vested in us under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author's Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us any moral rights you may have, including, without limitation, the feedback or suggestions.
Each Party represents and warrants that it (a) is not an anti-social force (meaning here and hereinafter, gangsters, anti-social forces, and others equivalent thereto) and (b) does not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Company reserves the right, in its sole discretion, to terminate your access to the Site, the Apps, and the related services or any portion thereof at any time, without notice. These Terms are governed by the laws of the Cayman Islands. Use of the Site and the Apps is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your use of the Site or the Apps. The Company's performance of these Terms is subject to applicable laws, regulations and requirements, and nothing contained in these Terms is in derogation of the Company's right to comply with governmental, judicial and law enforcement requests or requirements relating to you or your use of the Site, the Apps, or information provided to or gathered by the Company with respect to you or such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and the Company with respect to the Site or the Apps and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site or the Apps. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms, including the Private Policy and the Disclaimer, may apply to use of specific portions of the Site, the Apps, and to the purchase of certain services.
The Company reserves the right, in its sole discretion, to change the Terms under which the Site, the Apps, or the Services are offered. The most current version of the Terms supersede all previous versions. We encourage you to periodically review the Terms to keep informed regarding any updates. By continuing to use the Site, the Apps, or the Services of the Company, you agree that you have reviewed and consent to the most current version of the Terms. If you have any questions regarding the Terms, please contact us at [email protected].
Last updated: March 2024.
