Terms and Conditions

These general terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the gogain.com website (“Website”, “Service” or “Provider”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “Client”, “you” or “your”) and GOGAIN CAPITAL LLC 8 The Green, suite A, Dover, De, 19901 KENT COUNTY, United States. (“GOGAIN CAPITAL LLC”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and GOGAIN CAPITAL LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The fees for your Funded Account Program are nominated in U.S. dollars. In the event of payment of the fee in any other currency than USD, the amount of the fee for the selected option shall be converted to USD using the exchange rate of your payment processor. Service charges are inclusive of all taxes. The Client is obliged to fulfil all of one’s tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, the Client is obliged to pay tax or other fees properly. You can pay the fee for the selected Funded Account Program by a payment card, via a bank transfer, or using other means of payment that the Provider currently offers on the Website. In the event of payment by a payment card or via any other express payment method, the payment shall be processed immediately. If you select a bank transfer for payment, we will process the payment and open the selected Funded Account upon confirmation of the fees credited to the Provider’s bank account. If you do not pay the amount on time, the Provider is entitled to cancel your order. Client bears all fees charged to Client by the selected payment service provider (according to the valid pricelist of the payment services provider) in connection with the transaction and the Client is obliged to ensure that the respective fee for the selected Funded Account Program is paid in full.

Refund policy

We offer a 14 day risk-free money back guarantee. If you are not satisfied with the service for any reason you can get a refund within 14 days of making a purchase. Please keep in mind that even though we offer a full money back guarantee, the signup fee is non-refundable, in partial or in full, in the following cases: (i) once the trading activity has commenced by the Client; (ii) the Client violates this Agreement or the Program Terms & Conditions. If the Client lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Client’s bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to the Client any services and refuse any future provision of any services.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will GOGAIN CAPITAL LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of GOGAIN CAPITAL LLC. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to GOGAIN CAPITAL LLC. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact form or send an email to operations@egoonsoft.com This document was last updated on March 11, 2024