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Terms & Policies

Terms and Conditions

Last updated: April 11, 2025

1. INTRODUCTION

These Terms and Conditions ("Terms") constitute a binding legal agreement between you ("User", "Client", "You") and SeatechFx ("Company", "We", "Us", or "Our"), a registered business operating under the laws of Kenya. These Terms govern your access to and use of our website, digital content, tools, trading platforms, and all services provided via https://seatechfx.com/ (collectively, the “Services”). By using or accessing our Services in any manner, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services. These Terms apply to all users, including visitors, subscribers, and account holders. We reserve the right to update or modify these Terms at our sole discretion. It is your responsibility to review these Terms periodically. Your continued use of the Services following any amendments constitutes acceptance of the updated Terms.

2. ELIGIBILITY AND USER REPRESENTATIONS

To use the Services, you must be:

  • At least 18 years old;
  • Of sound mind and legal capacity;
  • Not prohibited from using our Services under the laws of your jurisdiction.
By accessing or using the Services, you represent and warrant that all information provided is accurate, truthful, and up-to-date. You also agree that you will not use the Services for any illegal or unauthorized purpose.

3. SERVICES PROVIDED

SeatechFx offers market insights, forex trading education, risk analysis tools, strategy guides, and other investment-related materials. All Services are for informational and educational purposes only and do not constitute personalized financial advice, investment services, or trading execution on your behalf. We do not offer, operate, or act as a licensed brokerage, financial institution, or investment manager. Use of any information or materials provided is strictly at your own risk. You are solely responsible for evaluating the accuracy, completeness, and relevance of any information before making any trading or investment decisions. Past performance is not indicative of future results, and we make no guarantees regarding profit or success from applying any strategies or information provided.

4. RISK DISCLOSURE AND NO FINANCIAL ADVICE

Trading forex and other financial instruments involves a high degree of risk, including the potential for complete loss of capital. By using our Services, you acknowledge and accept that:

  • The information provided does not constitute financial, legal, or tax advice.
  • You are solely responsible for all investment decisions made and their outcomes.
  • SeatechFx is not liable for any financial losses, direct or indirect, that may arise from your reliance on any information obtained via our Services.
  • You should consult with a licensed financial advisor before engaging in trading activities.

5. ACCOUNT CREATION, MANAGEMENT & SECURITY

To access certain features, you may be required to register for an account. You agree to:

  • Provide accurate and complete information;
  • Keep your login credentials confidential;
  • Notify us immediately in case of suspected unauthorized use of your account.
You are solely responsible for all activities conducted through your account. SeatechFx shall not be liable for any loss or damage resulting from unauthorized access due to your failure to maintain account security.

6. USER RESPONSIBILITIES AND ACCEPTABLE USE

You agree to use the Services only for lawful and authorized purposes. You shall not:

  • Engage in any fraudulent or deceptive conduct;
  • Use bots, scripts, or other automated tools to access or extract data;
  • Upload or transmit any malware, virus, or harmful content;
  • Infringe on our intellectual property or that of any third party;
  • Attempt to gain unauthorized access to our systems or user accounts;
  • Publish false or misleading reviews or feedback.
Violation of these obligations may result in suspension or termination of your account and may lead to legal action.

7. FEES, PAYMENTS AND REFUNDS

Some Services may be subject to fees. All fees are payable in advance and are non-refundable unless expressly stated otherwise. By purchasing any service, you agree to:

  • Pay all applicable charges as per the stated rates;
  • Authorize us to charge your payment method;
  • Ensure that you have the legal right to use the payment method provided.
SeatechFx reserves the right to change pricing at any time. However, such changes will not affect subscriptions already paid for in advance. We are not responsible for fees, charges, or losses arising from payment processor errors or third-party financial institutions.

8. INTELLECTUAL PROPERTY RIGHTS

All materials, content, graphics, videos, data, and tools available through our Services are the exclusive property of SeatechFx or its licensors and are protected by copyright, trademark, and other intellectual property laws. Users are granted a limited, revocable, non-exclusive, non-transferable license to use the content for personal and non-commercial purposes only. You may not:

  • Copy, distribute, modify, or create derivative works;
  • Use our content for commercial purposes without written consent;
  • Remove any copyright or proprietary notices.
Any unauthorized use will result in immediate termination of access and may lead to legal proceedings.

9. THIRD-PARTY CONTENT AND LINKS

Our website may include links to third-party websites or resources. These are provided for convenience only and do not constitute endorsement or guarantee of reliability. We are not responsible for:

  • The content, products, or services provided by third parties;
  • Any loss or damage arising from your use of third-party websites;
  • The data practices or privacy policies of linked websites.
You access third-party content at your own risk.

10. SERVICE AVAILABILITY AND DISCLAIMER

We strive to maintain uninterrupted access to our Services. However, we do not guarantee that the Services will be:

  • Available at all times;
  • Free from errors or interruptions;
  • Secure from breaches or viruses.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, without prior notice or liability. All Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by Kenyan law, SeatechFx shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:

  • Loss of profits, data, goodwill, or reputation;
  • Business interruption or technical malfunctions;
  • Any unauthorized access to or use of user data;
  • Reliance on any information provided by the Services.

12. INDEMNIFICATION

You agree to fully indemnify and hold harmless SeatechFx, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including legal fees, arising from:

  • Your use of and access to the Services;
  • Your violation of any provision of these Terms;
  • Your breach of any representation or warranty;
  • Your infringement of third-party rights.

13. TERMINATION AND SUSPENSION

We may, at our sole discretion and without prior notice, suspend or terminate your access to the Services if we believe that you have:

  • Violated these Terms;
  • Engaged in fraudulent, abusive, or harmful conduct;
  • Failed to pay any applicable fees.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall do so, including intellectual property rights, disclaimers, indemnities, and limitations of liability.

14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION & ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved through final and binding arbitration in accordance with the Arbitration Act of Kenya (Cap 49). The following terms shall apply:

  • The arbitration shall be conducted in Nairobi, Kenya;
  • The proceedings shall be held in English;
  • The arbitrator shall be appointed jointly by the parties or by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch) if the parties cannot agree.
  • The decision of the arbitrator shall be final and binding on both parties.

16. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any legal notices published by SeatechFx, constitute the entire agreement between you and SeatechFx and supersede all prior or contemporaneous understandings, whether oral or written.

18. CONTACT INFORMATION

For questions, feedback, or support, you may contact us via:

Privacy Policy

Last updated: April 11, 2025

1. PURPOSE AND SCOPE

This Privacy Policy outlines the principles and practices that govern the collection, processing, storage, disclosure, and protection of your personal data by SeatechFx ("we", "our", or "us"). This Policy applies to all users of our website, applications, platforms, products, and services (collectively, “Services”). This Policy is designed in accordance with the Kenyan Data Protection Act, 2019, and is applicable to both Kenyan citizens and international users. It outlines our obligations as a data controller and processor and your rights as a data subject.

2. DEFINITION OF PERSONAL DATA

Under the Kenyan Data Protection Act, personal data means any information that relates to an identified or identifiable natural person. This includes, but is not limited to:

  • Name, identification number, location data, online identifier
  • Email addresses and contact numbers
  • Financial and transactional data
  • IP addresses and device identifiers
  • Any other information that could identify you directly or indirectly
We do not knowingly collect or process sensitive personal data (such as health records, biometric data, or political opinions) unless explicitly required by law or your express consent is obtained.

3. TYPES OF DATA WE COLLECT

We collect the following categories of personal data:

  1. Directly Provided Data
    • Full Name
    • Email Address
    • Phone Number
    • National ID/Passport Number (for identity verification)
    • Billing and Payment Information (via secure third-party gateways)
  2. Automatically Collected Data
    • IP Address
    • Browser and Device Information
    • Location Data
    • Login timestamps and session activity
    • Usage patterns, clickstream behavior, and preferences
  3. Generated and Derived Data
    • Internal profiling for service personalization
    • Risk scoring (non-automated decision-making only)
    • Account history and audit trails
We only collect data that is necessary for the specific purposes outlined in Section 5 and limit the scope to data that is relevant and proportionate.

4. LEGAL BASIS FOR PROCESSING

We process your personal data lawfully, fairly, and transparently under the following lawful bases:

  • Consent: When you affirmatively opt-in to receive communications, marketing, or to create an account.
  • Contractual Necessity: To fulfill our obligations under any agreement between you and SeatechFx.
  • Legal Obligation: To comply with laws, such as anti-money laundering (AML), tax, or regulatory obligations.
  • Legitimate Interests: For internal administrative purposes, fraud detection, analytics, and improving service delivery.
  • Public Interest: Where applicable, in accordance with national laws and regulations.
You have the right to withdraw consent at any time by contacting us at inquiries@seatechfx.com.

5. PURPOSES FOR WHICH WE PROCESS YOUR DATA

We collect and use your personal data for the following purposes:

  • Account Creation and Verification: To create, verify, and manage user accounts and prevent duplicate or fraudulent registrations.
  • Service Delivery: To enable you to access features, learning content, support, insights, and tools on our platforms.
  • Communications: To contact you regarding updates, alerts, promotions, transactional information, or support issues.
  • Billing and Payments: To process subscriptions, invoices, and payment tracking via secure payment providers.
  • Legal and Regulatory Compliance: To fulfill tax, accounting, anti-fraud, and anti-money laundering obligations under Kenyan law.
  • Security Monitoring and Auditing: To detect and mitigate cybersecurity threats, unauthorized access, or abuse of our platform.
  • Analytics and Performance Monitoring: To evaluate usage trends, user behavior, and improve our website and services accordingly.
  • Dispute Resolution and Claims: To handle complaints, investigate breaches, and exercise or defend legal claims.

6. DATA SHARING AND DISCLOSURE

SeatechFx does not sell, lease, or trade your personal data. We may share your data only under the following circumstances:

  1. With Authorized Third-Party Service Providers: We may share your data with vetted service providers who assist in hosting, analytics, marketing, payment processing, identity verification, or IT support. Each provider is bound by strict contractual obligations, including data confidentiality, protection, and limited usage.
  2. With Regulatory and Governmental Authorities: Where required by law or to comply with a lawful request or court order.
  3. With Your Explicit Consent: Where you have authorized us to share your data with a partner, affiliate, or third party.
  4. For Business Transfers: In the event of a merger, acquisition, or sale of business assets, we may transfer your data to the new entity, subject to continued protection under this Policy.

7. DATA STORAGE AND RETENTION

Your data is stored securely in encrypted environments and may be hosted on servers in Kenya or reputable international jurisdictions that offer adequate data protection measures. We retain your data for as long as necessary to:

  • Provide the services you requested
  • Comply with legal and regulatory retention requirements (e.g., 7 years for financial data)
  • Resolve disputes and enforce our agreements
Once the retention period lapses, your data is securely deleted or anonymized.

8. DATA SECURITY MEASURES

We have implemented robust administrative, technical, and physical security controls to safeguard your data, including:

  • SSL encryption for all data in transit
  • Role-based access controls and multi-factor authentication
  • Firewalls, antivirus software, and intrusion detection systems
  • Regular security audits and penetration testing
  • Continuous monitoring of our network and systems
  • Incident response protocols and data breach notification mechanisms
Despite our best efforts, no system is entirely immune from risk. We urge users to also practice safe browsing habits, such as using strong passwords and logging out after use.

9. YOUR DATA RIGHTS

As a data subject under Kenyan law, you have the following rights:

  • Right to Access: You may request access to your personal data and a copy of what we hold.
  • Right to Rectification: You may correct incomplete or inaccurate data we hold about you.
  • Right to Deletion (Right to be Forgotten): You may request erasure of your personal data, subject to lawful limitations.
  • Right to Object: You may object to processing on legitimate interest grounds.
  • Right to Restrict Processing: You may request limitation of data processing in certain situations.
  • Right to Data Portability: You may request to receive your data in a structured, commonly used format.
  • Right to Lodge a Complaint: You may file a complaint with the Office of the Data Protection Commissioner (ODPC) at https://www.odpc.go.ke
To exercise any of these rights, contact us at inquiries@seatechfx.com with proof of identity and a clear request.

10. COOKIES AND ONLINE TRACKING

Our website uses cookies and related tracking technologies to:

  • Remember your login and preferences
  • Improve site functionality and responsiveness
  • Analyze user behavior and site performance
  • Serve relevant content or promotional offers
You can control cookie preferences through your browser settings. Disabling cookies may limit access to some features.

11. CROSS-BORDER DATA TRANSFERS

Where your personal data is transferred outside Kenya, we ensure that:

  • The receiving country has adequate data protection laws; OR
  • We use binding corporate rules, standard contractual clauses, or other lawful safeguards
  • We comply with Section 48 of the Data Protection Act (2019) on cross-border data transfers.

12. CHILDREN’S DATA

Our Services are strictly intended for persons aged 18 years and above. We do not knowingly collect data from minors. If we become aware that data has been collected from a minor without verified parental consent, we will delete such data promptly.

13. CHANGES TO THIS POLICY

We reserve the right to update or amend this Privacy Policy to reflect changes in legal requirements, service offerings, or data practices. When we make material changes, we will notify users via:

  • A notice on our website
  • Direct email communication (where applicable)
Continued use of our Services after the effective date constitutes acceptance of the updated policy.

14. CONTACT DETAILS

For questions, data access requests, concerns, or complaints related to this Policy, contact our Data Protection Officer:

Refund Policy

Last updated: April 11, 2025

1. Digital Products

Due to the nature of digital products, all sales of software, e-books, and digital courses are final unless otherwise specified.

2. Subscription Services

Subscription fees are non-refundable. You may cancel your subscription at any time to prevent future charges.

3. Service Fees

Consultation and support service fees are non-refundable once services have been rendered.

4. Exceptions

Refunds may be granted at our sole discretion in cases of technical issues we cannot resolve or duplicate charges.

5. Refund Process

To request a refund, contact our support team within 7 days of purchase. Approved refunds will be processed within 14 business days.

6. Changes to Policy

We reserve the right to modify this refund policy at any time. Changes will not affect refund requests made prior to the change.