Agreement as to Terms of Service for the use of the OrientalFX
By utilizing this website, you agree to be bound by these terms and conditions. This is a legal agreement (“Agreement”) between you and OrientalFX for use of the website, data, trading platform, and products and services which you selected or initiated, which may include third party Managed Account Managers (“Products and Services”).
1 Scope – General Information
1.1 Scope of agreement
This is a legal agreement (“Agreement”) between you and OrientalFX for use of the website, data, trading platform, and products and services which you selected or initiated, which may include third party Managed Account Managers (“Products and Services”).
1.2 OrientalFX Trading and the OrientalFX Platform
1.2.1 OrientalFX is a platform technology that managed by BlocEdu Ltd for Managed Account Managers and to their respective clients the possibility to integrate in their business relationship with functionality of the OrientalFX Platform.
1.2.2 OrientalFX Platform Technology is to provide brokerage institution as Blocedu Ltd, the useful tools to help its investors enabled functionalities as being able to audit traders globally at the same time; enable traders to share their knowledge with people interested in their strategies.
1.2.3 Any reference to your “Account” in the Platform and generally in relation to OrientalFX that is under managed and executed by BlocEdu Ltd, for the purposes of this Agreement, shall mean the personalized operation of the Platform concerning you, your relations with OrientalFX and the transactions made by you through the use of the Platform’s functionality, as well as the capture and recording of such operation in the records and servers of OrientalFX belong to BlocEdu Ltd. Except for the purpose of receiving the applicable fees.
OrientalFX Platform Technology Provider is not functioned to receive or keep money or other assets belonging to BlocEdu Ltd’ clients and, therefore, the meaning of the term “Account”, as defined above, does not refer to the holding of any of your assets.
1.2.4 OrientalFX Platform does not undertake, by this Agreement to conduct any of your transactions either as your counterparty or as your Managed Account Manager and therefore assumes no liability in the event of non-performance (total or partial) or delayed execution of the signals generated through the Platform.
1.2.5 In addition to the automated generation of trading signals, the Platform allows you to generate your own trading signals (“manual” signals), as well as to monitor your transactions and be informed of their results and of your positions held with your Managed Account Manager in the context of your Trading Account(s) that are connected with the Platform.
1.2.6 The choice of your Managed Account Manager shall be made exclusively by you and your relationship with such Managed Account Manager shall be governed by the agreement entered into between you and your Managed Account Manager. OrientalFX shall make available to you, through the website hosting the Platform, a list of the Brokers with which the use of the Platform is compatible, solely for your convenience, without proposing or suggesting any specific Managed Account Manager to you.
2 Rules and arrangements for the provision of the service
2.1 Means of providing the service
2.1.1 You have access to the Platform through the website www.OrientalFX.com or any other website communicated for this purpose to you by OrientalFX managed by BlocEdu Ltd or your Managed Account Manager
2.1.2 Given the nature of the OrientalFX Platform, as provided through the use of electronic applications, you are required to make use of appropriate technical means (e.g. a computer, internet connection etc.), as well as to have the necessary knowledge for the appropriate handling of such means. By entering into this agreement with The BlocEdu Ltd and accessing the OrientalFX Platform, you acknowledge and confirm that you have the necessary equipment and sufficient expertise for its proper use.
2.1.3 By using the OrientalFX Platform you acknowledge that you understand and accept the risks associated with Internet-based trading services including, but not limited to, hardware, software or Internet connection related issues, and the potential inability of timely transmission of the relevant communication due to interruptions and/or errors. Since OrientalFX does not control signal power, its reception or routing via Internet, the configuration of your hardware or software, or the reliability of your Internet connection, you agree that you are solely responsible for such failures, including communication failures, disruptions, distortions and delays in trading. OrientalFX recommends that you should be cautious when you use an iPhone, Smartphone, Blackberry or other handheld mobile device for trading or receiving data from the OrientalFX platform. Handheld mobile devices depend on wireless connectivity, are subject to the limitations of mobile data, WiFi and mobile communication networks restrictions, and may not provide you with the same functions as accessing the OrientalFX platform from a web browser. OrientalFX shall not be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from the use of a handheld mobile device.
2.1.4 The use of the OrientalFX Platform by you requires the combined use of your user name and password. The user name and password are created by OrientalFX and sent to you after your registration in the Platform and remain private and strictly confidential. OrientalFX may require for the activation of your access in the Platform a confirmatory email process or any other confirmation process ensuring that the identification data have been sent to/from you. The combined use of the user name and password by you establishes that the use of the OrientalFX Platform and any activity in your Account (indicatively, choice of Signal Providers, Account settings, manual actions, information on performed transactions, etc.) is made by you. It will be your responsibility to protect the secrecy of the user-name and password, bearing exclusive liability for any damage suffered as a result of any leaks or use thereof by a third party in any way, with or without your authorization. You may change the password at any time by following the relevant instructions listed on the website hosting the Platform, without any further disclosure of such change to OrientalFX . For the purpose of preventing the use of the OrientalFX Platform by a third party, it is recommended to change your password on a regular basis. Especially, in case of a leak of the user name or password, you shall immediately notify OrientalFX and change the password.
2.2 No investment advice
2.2.1 OrientalFX is a trading name of BlocEdu Ltd that to provide brokerage, training and managed account services in currencies, cryptocurrencies, commodities, Indexes, CFD and Leverage financial instruments. To undertake all kinds of investments and leasing of whatsoever kind, to provide, manufacturer, purchase, sell all kind of products and services for the company or third parties or outsources the same as well as all matters that the Board of Directors may consider in company’s interest; Through its policy of providing the best possible trading conditions to its clients and allowing both investors and traders using expert advisors unrestricted access to its liquidity. Then, OrientalFX shall not provide to you any kind of investment advice or other investment service. OrientalFX offers solely the technical means that enable you to adopt trading strategies of other users of the Platform, based on the assumption that you have consciously chosen to conduct CFD and/or FX transactions with OrientalFX. OrientalFX does not recommend/suggest to any user of the Platform any transactions in any financial instrument nor does OrientalFX represent that such transactions may be suitable or appropriate for you or any other user.
2.2.2 The history and statistics of the Account Managers, the trading signals generated by the Managed Account Managers and the comments made by any Managed Account Managers on the Platform’s website do not constitute any kind of personal recommendation towards you or any other user to conduct or abstain from any transaction or to follow or unfollow any Managed Account Managers and should not be regarded as such.
2.3 Registration with the Platform
Unless otherwise expressly agreed, your registration with the Platform is that of a normal user (i.e. not a Managed Account Manager) and this Agreement governs your relations with OrientalFX – BlocEdu Ltd under this specific and sole capacity.
2.4 Choice of Managed Account Manager
The Platform provides you the opportunity to trade based on automated electronic signals. You may adjust the Platform’s settings so that it replicates in the Account the actions of one or more Managed Account Managers of your choice.
The Managed Account Managers are third parties who use their signals (as displayed on the Platform) to carry out transactions for their own account, through The Platform. In the case in which transactions of a specific Signal Provider are performed in a simulated trading environment (“demo account”) and not though a real account, OrientalFX shall draw your attention to such fact with a relevant indication in a prominent position in the Provider’s profile in the Platform.
The Platform may incorporate, from time to time, tools or features classifying the Managed Account Managers into specific categories, or attributing specific ratings or filtering a limited number of specific Managed Account Managers or combinations thereof. Such tools are based on the application of technical criteria to the Managed Account Managers’ past performance and statistics, in a way to bring to your attention Managed Account Managers or combinations thereof that may correspond to your trading preferences. In all such cases, you will be able to view the Managed Account Managers’trading characteristics as well as to compare his trading history and performance with those of any other Managed Account Manager. By entering into this Agreement with BlocEdu Ltd, you acknowledge your understanding that in no case, such classifications, ratings filtering or combinations of Managed Account Manager will be considered to constitute any kind of recommendation from OrientalFX to follow any Managed Account Manager (or any combined strategies) with a view to achieve any specific future result.
In the case of combinations of Managed Account Manager, the operation of the said combination may be subject to specific rules that OrientalFX will communicate to you and that you will be requested to accept before proceeding to the choice of such combinations.
2.5 Application of settings to selected Systems
The replication of a Managed Account Manager’s signals in your Account will always be subject to the restrictions applied by OrientalFX managed by BlocEdu Ltd as to the offer of the products that you trade. In addition, you may choose specific settings and limits for the signals generated by each selected Managed Account Manager.
2.6 Limitations of the services and of OrientalFX BlocEdu Ltd’s responsibility
2.6.1 OrientalFX-BlocEdu Ltd draws your attention to the following:
– The Manage Account Managers neither are related to OrientalFX nor have they any professional certifications or titles with relation to financial markets.
– OrientalFX-BlocEdu Ltd does not intervene in the content of the signals produced by the Managed Account Managers.
– The Managed Account Managers do not have access to and do not take into consideration any of the personal information or the position of the account of any of their respective followers.
– Monitoring and evaluation of the Signal Providers by OrientalFX- BlocEdu Ltd takes place solely based on their past behavior and will in no case refer to their future behavior or to the achievement of future performance.
2.6.2 Although the Platform replicates exactly the signals of the relevant Signal Provider(s) (after applying any limitations set by you in your settings), delays in the execution of your transactions are probable. It is also probable that divergences arise between the prices that any Managed Account Manager achieves, with respect to the his own trades, and the prices that you achieve when following the signals of such Managed Account Manager, even if your trades are carried out at the same time as those of the Managed Account Managers. Such delays and divergences are normally attributable to the structure and function of the market, and particularly to (indicatively):
- a) The time period, even if very short, between the moment a signal is received from the Managed Account Managers and the moment of the execution of your trade.
- b) The overall operation of the FX and CFDs market, given that there is no single reference price for the participants in such market.
- c) The special events occurring in the market, such as a steep price fluctuation (for example in the case of news announcement), a great volume of transactions waiting to be executed by the Platform.
Volatility or illiquidity in the Forex markets may also prevent orders from being executed at advantageous prices, or at all.
Therefore, OrientalFX- BlocEdu Ltd does not guarantee:
– An immediate and complete execution of the signals by your Managed Account Managers.
– The matching of the prices at which you carry out any specific trade with those at which the Managed Account Managers carries out the same trade.
Generally, OrientalFX-BlocEdu Ltd shall not be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) occurring because trades cannot be executed due to market conditions.
2.6.3 By entering into this agreement with BlocEdu Ltd, you acknowledge that you accept the risks inherent to the performance of transactions in the financial instruments supported by the Platform and OrientalFX bears no liability for these risks. In particular you acknowledge:
- i) That you are aware that transactions on financial instruments involve risks causing the reduction of the value of investments.
- ii) That foreign exchange, CFDs and other leveraged trading activities involve significant risk of loss. Such activity is not suitable for all investors and you should make sure you understand the risks involved, seeking independent advice if necessary.
iii) That your trading results may vary depending on many factors. Because the risk factor is high in the foreign exchange, CFDs and other leveraged products, only genuine “risk” funds should be used in such trading. If you do not have the extra capital that you can afford to lose, you should not trade in leveraged products. No “safe” trading system has ever been devised, and no one can guarantee profits or freedom from loss.
- iv) That hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
- v) That you are aware and accept the risks arising from the replication of investment strategies of Managed Account Managers when using the OrientalFX Platform and that past performance posted on the Platform is not indicative of future results.
In this respect, you are required to carefully read the risk, before accepting these terms and before commencing the use of the OrientalFX Platform.
2.6.4 OrientalFX-BlocEdu Ltd shall not be responsible for any damage incurred by you (or a third party having any relevant right through you) due to force majeure (including the exercise of the right of strike, the malfunction of computers including the breakdown of computer systems or electronic communications), fraudulent usage of the data stored in its records and servers by The Platform, failure of its electronic systems due to malfunctions of the communications’ network or malfunctioning of its software and hardware that is not attributable to the lack of maintenance or monitoring, as well as events related to the operation of The Platform, such as interruption or suspension or limitation of the activities carried out by Managed Account Managers or third parties intervening in the course of your relationships and transactions with OrientalFX (exchanges, companies settling transactions, credit institutions etc.) for whatever reason.
2.6.5 OrientalFX-BlocEdu Ltd is not responsible for the actions or omissions of your alternative Broker or any other third party with respect to the transactions that you carry out with your alternative Broker for whatever reason.
2.6.6 OrientalFX-BlocEdu Ltd does not guarantee that the use of the OrientalFX Platform will have a positive result or a specific performance for you. Any reference to the performance of transactions carried out by users of the Platform or Managed Account Managers is related exclusively to the past and by accepting these terms you acknowledge that you are aware of such fact. Any reference to the performances of any Managed Account Manager may not take into account the costs of transactions, such as Broker fees or any other fees applicable to your OrientalFX Platform Account in the context of this Agreement.
2.6.7 The trades conducted by Managed Account Manager on his own trading account may involve amounts greatly different from the amounts allocated by you to each transaction following the Managed Account Manager’s activity. This may itself cause a significantly different result compared to the Managed Account Manager’s profits or losses even if the remaining characteristics of your positions are the same as the ones of the specific Managed Account Manager. In addition, particular limitations may be applied to your trading account, which may not necessarily apply to the Managed Account Manager at the same time. Such limitations may be due to specificities of the regulatory framework applicable to the Broker’s policies. The application of such limitations on your trading account may lead to further divergences between the results of the Managed Account Managers’ trades and your own trades, especially if the Managed Account Manager’s trading account is not subject to the same limitations.
2.7 Access to CFD Market Data to Demo Accounts
As regards CFDs, and to the extent feasible, OrientalFX-BlocEdu Ltd may provide to you access to online price and trade-related data regarding the underlying securities (“Market Data”). Such Market Data may include the streaming of quotes, market volume information, as well as pubic announcements relating to the issuers of underlying securities. Any such Market Data will be displayed on an “as is” basis, i.e. as received from OrientalFX’s Data feed provider, and will include information that is available in a specific exchange. In this context, the prices of a specific underlying security that are displayed in the Market Data may be different from the prices of the same security in other exchanges or markets where the same security may be admitted.
The provision of access to certain categories of Market Data is subject to the acceptance by you of the terms of the Market Data Addendum which forms an annex to this Agreement. To the extent that the Market Data Addendum refers to a specific Data feed provider, such Addendum will be terminated or amended or substituted in the event of termination of OrientalFX-BlocEdu Ltd’s relationship with the specific Data feed provider or in the event of substitution of the Data feed provider. In such case OrientalFX will apply its best endeavors in order to give you reasonable notice of the relevant event. In the case of substitution of the Data feed Provider, the provision of access to Market Data may be subject to the acceptance of additional terms by you.
Access to Market Data is provided to you exclusively for internal/personal use. You may not sell, lease, furnish or otherwise permit or provide access to Market Data to any other Person or to any other office or place. You will not engage in the operation of any illegal business use or permit anyone else to use Market Data, or any part thereof, for any illegal purpose or violation of any Regulatory Requirements. You may not present Market Data rendered in any unfair, misleading, or discriminatory format. You shall take reasonable security precautions to prevent unauthorized persons from gaining access to Market Data.
By utilizing Market Data related to individual US Stocks, you agree to be bound by the Market Data Addendum that can be found here.
2.8 Inability to access the Platform
In case, for whatever reason, you are unable to access the Platform and its services, you must immediately notify and contact OrientalFX directly to manage any open positions you have in your Trading Account. You may also request to disconnect your account from OrientalFX while you are unable to access the OrientalFX services, so as to avoid receiving new positions from Managed Account Manager in your Trading Account.
3.1 Means of Communication
The communication between you and OrientalFX-BlocEdu Ltd shall take place, depending on the case, either in writing or orally. More particularly:
– The written communication takes place via documents exchange/shipping, via fax or via electronic mails being sent to the electronic addresses of the parties or via the Platform’s dedicated application for messages and communication.
OrientalFX-BlocEdu Ltd will keep the information provided by you confidential under this agreement and take the necessary internal measures in order to ensure the confidentiality of such information. Confidentiality does not extend to any data or information
- a) That OrientalFX-BlocEdu Ltd has an obligation to disclose to the public or any competent authority,
- b) That have to be invoked by OrientalFX-BlocEdu Ltd before a Court or any competent authority for OrientalFX-BlocEdu Ltd’s defense with respect to a case pending against OrientalFX-BlocEdu Ltd relating to the relationships governed by this agreement,
- c) That have to be communicated to companies cooperating with OrientalFX-BlocEdu Ltd in order for the obligations undertaken by OrientalFX-BlocEdu Ltd under this agreement to be fulfilled.
3.3 Information regarding your trading activity
OrientalFX provides you with ongoing access to a personalized area of the Platform, in which you enter by using your individual codes, for the purpose of receiving at any time information on your trading activity at any period of time.
OrientalFX draws your attention to the fact that you must regularly check your Trading Account’s activity and content with OrientalFX, through the relevant applications, trading platforms or other communication means that are made available to you by OrientalFX.
In case of various events that – in OrientalFX’s reasonable opinion – may have an effect on your Account (such as a substantial change of trading behavior by a Managed Account Manager that you may have selected),OrientalFX may send you relevant notices through the Platform.
OrientalFX provides 24-hour telephone helpline for the Platform. The relevant details can be found here: https://orientalfx.com/contact-us/
3.4 Probative force of book files and computer records
Any copy or extract of the forms, data, books, records and files issued or kept by OrientalFX, either in paper or in electronic form – in accordance with applicable legislation – or any extract of the OrientalFX Account, which shall be exported by OrientalFX-BlocEdu Ltd and shall display the history of the OrientalFX Account’s operation, shall constitute full proof for the activity of the Account. Similarly, extraction of logs regarding every aspect of the operation of your Account, including logs relating to your logging in the Platform and any use of the Platform by you, shall constitute full proof of the related facts.
3.5 Liability for transmission errors
In cases of delay, interruptions or other errors that may occur during the transmission of electronic mail or fax, as well as in cases of incorrect translation or interpretation of technical terms, OrientalFX shall only be liable for willful misconduct or gross negligence of its executives, agents or employees.
4.1 Classic Account
Unless explicitly indicated otherwise by OrientalFX, in the case of a “Classic Account”, OrientalFX is compensated for its services based on the spread between the bid/ask prices provided to you by your Broker or based on any other specific costs charged to you by your Broker when initiating a trade .
4.2 Profit Sharing Account
The Performance Fee will be applicable separately on each Managed Account Manager and not in the aggregate performance of the Account as a whole.
To open a Profit Sharing Account you must provide one or more payment methods. In case your primary payment method is declined or no longer available to OrientalFX for the payment of the Performance Fees, OrientalFX shall not be held responsible or liable for any miscalculation or non-payment of said fees for any reason whatsoever.
The amounts of the Performance Fees are available on OrientalFX’s website and shall be communicated to you in the context of the opening a Profit Sharing account. Managed Account Manager may change the said amounts from time to time; however, any such changes will apply to subsequent billing cycles following notice of the change(s) to you. Profit Sharing Account fees will be charged by Managed Account Manager itself.
By utilizing a Profit Sharing account, you agree to be bound by the Agreement on the Storage of the Cardholder’s Credentials that can be found here
You hereby authorize OrientalFX-BlocEdu Ltd to access the Trading Account held by you and OrientalFX-BlocEdu Ltd, via all appropriate technical means and – to the extent necessary – the relevant competent personnel and executives thereof, in order
- a) to connect the Platform to your Trading Account in a way to allow the introduction of the signals resulting from the operation of the Platform in your Trading Account;
- b) to obtain full information about your Trading Account connected to the Platform, in order to be able to provide comprehensive information to you via the Platform;
- c) to obtain information regarding your identification, for the purpose of providing the OrientalFX Platform to you, receiving payments from you and complying with any applicable rules (including for the prevention of money laundering)
- d) to proceed to any other necessary consultation and collaboration with the Managed Account Manager in order for the purpose of this agreement to be fulfilled.
6 Client’s Data
6.1 Client’s identity
For proof of your identity and that of any representatives designated by you, OrientalFX-BlocEdu Ltd may rely upon any document that, by law, is regarded as proof of identity of a person or legal entity. OrientalFX-BlocEdu Ltd shall not be responsible for the validity, legal integrity or authenticity of such documents. If you suffer loss by error, misunderstanding, deception or fraud as to the person giving instructions to OrientalFX-BlocEdu Ltd to carry out a specific action, OrientalFX-BlocEdu Ltd shall only be liable for willful misconduct or gross negligence of its executives, employees and agents.
6.2 Signature specimens
OrientalFX-BlocEdu Ltd is entitled to receive and keep specimens of your and your representatives’ signatures, if necessary for the fulfilment of the Service.
6.3 Change of data
You shall notify OrientalFX on your own initiative, without delay, of any change of name, contact information (especially e-mail address) and other data you have provided to OrientalFX-BlocEdu Ltd when entering into this agreement, as well as any change regarding the powers of representation granted to other persons (if applicable). You are not entitled to oppose against OrientalFX-BlocEdu Ltd any change of the above data, if such change has not been notified to OrientalFX-BlocEdu Ltd in writing.
6.4 Personal Data
7 Final provisions
7.1 Representation regarding funds
By accepting these terms and proceeding to the opening and operation of your Account, you represent and certify to OrientalFX that
- a) all amounts of money that you have deposited and/or will deposit with belong to you, are from a legal source and do not derive from acts or activities falling within the prohibitions of the laws on the prevention and suppression of money laundering;
- b) generally you shall comply with the legal provisions and shall not engage in illegal or prohibited actions or practices;
- c) all information that you have provided or that you will provide to OrientalFX regarding yourself and the origin of your assets are/will be true.
7.2 Restrictions to the use of Platform Information
By viewing OrientalFX’s website and trading on OrientalFX Platform, you fully understand and agree to respect the proprietary rights of Managed Account Manager and of OrientalFX, and you represent that you do not desire to acquire from the Managed Account Manager any trade secrets or confidential information.
You represent that you will be using signals solely for your own OrientalFX Account and that you will not be reproducing such signals with any third party platforms or services outside of the OrientalFX platform, without the written permission of OrientalFX. Immediately upon notice from OrientalFX that, in OrientalFX’s opinion, any use of the Platform does not comply with this standard, you will cease such manner of use. Furthermore you agree that OrientalFX may at its sole discretion disable your access to the Platform at any time, in the case of system abuse or any infringement of any patent, copyright, trademark or other proprietary right or infringement upon a trade secret of any person or entity, or other reasons not described in this Agreement.
7.3 Duration – Termination
This agreement is of indefinite duration. The agreement shall take effect after acceptance by the Client and upon the opening of the Account by OrientalFX, and shall be terminated upon the closure of the Account. The Account may be closed either by a request from you, subject to OrientalFX’s acceptance and provided that no Fees are outstanding, or in OrientalFX’s initiative with a reasonable notice or – in the case of inactive accounts – with no notice.
7.4 Governing law – Jurisdiction
7.4.1 All contractual relationships between OrientalFX-BlocEdu Ltd and the Client are governed by the laws of St. Vincent and the Grenadines.
7.4.2 The courts of St. Vincent and the Grenadines will be competent for any dispute between you and OrientalFX-BlocEdu Ltd arising from this contractual relationship. OrientalFX-BlocEdu Ltd has the discretion to choose any other court having jurisdiction for the exercise of its claims against you.
7.5 Other terms
7.5..1 The terms of this agreement shall only be amended by a written agreement between you and OrientalFX-BlocEdu Ltd (including by way of acceptance by electronic means), without prejudice to the provisions of the following paragraph.
7.5.2 OrientalFX-BlocEdu Ltd shall have the right, at any time and under its sole and absolute discretion, to unilaterally change and/or amend the terms and conditions of this Agreement. You agree that any new format of this Agreement which shall be posted on OrientalFX’s Website shall be considered as sufficient provision of notice for the changes and/or amendments made in such new format and shall become effective as of the date of posting it as aforesaid.
7.5.3 Any delay or omission of OrientalFX-BlocEdu Ltd to exercise any statutory or contractual right, in no way shall be deemed or construed as a waiver of the respective right.
7.5.4 In case one or more the terms of this agreement is or becomes unenforceable, it shall not affect the validity of the remaining terms and the remaining provisions shall remain in force.
7.5.5 You shall not assign or transfer in any way to third parties any of your rights and claims arising from your relations with OrientalFX-BlocEdu Ltd under this Agreement, unless otherwise agreed in writing