1.1 DICI & BEGG PARTNERS - FZCO, acting as FundYourTrading (the
“Company”), provides you (“you” or the “Trader”) with a limited license
to use the services (the “Services”) offered by the Company subject to
the terms and conditions contained herein (the “Agreement”).
1.2 This Agreement is a legally binding contract, and you have a duty to
read this Agreement before using the accessing the Services offered by
the Company. By using the Services, you are agreeing to the terms and
conditions contained within this Agreement.
1.3 The Company reserves the right to suspend, replace, modify, amend,
or terminate this Agreement at any time and within its sole and absolute
discretion. In the event The Company replaces, modifies, or amends this
Agreement, your continued use of the Services after a change in the
Effective Date of said changes will constitute your agreement to any
replacement, modification, or amendment to this Agreement.
1.4 The Trader must adhere to any of (the “KnowYourCustomer” or “KYC”)
requirements set out by the Company. KnowYourCustomer, or KYC refers to
the entirety of the requested documentation the Trader must successfully
submit upon request from the Company. The purpose of this documentation
is to be used by the Company to ensure sufficient verification of the
Trader's personal information.
Trader Representations
2.1 By using the Services, you represent
that you at least eighteen (18) years old and are of sound mind and that
you have the capacity to agree to and uphold the terms and conditions
contained within this Agreement. If you use the Services on behalf of a
business entity or other third-party, then you represent that you have
actual authority to act as an agent of that business entity or
third-party, and that you have the right and ability to agree to and
bind that third-party or business entity to the terms of this Agreement
on its behalf.
2.2 You represent that your use of the Services does not violate any
law, regulation, ordinance, statute, or treaty that is applicable to
individuals or business entities located in the jurisdiction in which
you live. You further represent that you are not prohibited from
entering into this Agreement by the terms of any preexisting agreement.
Limited License
3.1 The Company provides you with limited, non-exclusive,
non-sublicensable, non-assignable, revocable, and royalty-free license
to use the Services for its customary and intended purposes. You are
expressly prohibited from scraping, framing, hacking, reverse
engineering, crawling, or aggregating the Services, the Company Website,
whether in whole or in part, without the prior written consent of the
Company.
3.2 You acknowledge and agree that your limited use of the Services does
not entitle you to any license or intellectual property rights to any
technology, intellectual property, copyrights, trademarks, or trade
secrets of the Company or any third-party contractor thereof. You
acknowledge and agree that your use of the Services is limited by the
terms of this Agreement, and you expressly agree that you will not use
the Services in any manner that is not expressly authorized under the
terms of this Agreement. The Company reserves all of its rights not
expressly granted through this Agreement.
3.3 This license is revocable at any time, and any rights not expressly
granted in this Agreement are reserved for the Company.
Prohibited Uses
4.1 You are expressly prohibited from using the Services to violate any
law, statute, ordinance, regulation, or treaty, whether local, state,
provincial, national, or international, or to violate the rights of a
third-party, including, but not limited to intellectual property rights,
privacy rights, rights of publicity, or other personal or proprietary
rights.
4.2 Additionally, you are expressly prohibited from scraping, crawling,
framing, posting unauthorized links to, aggregating, hacking, performing
denial of service (DOS) attacks on, reverse engineering, or
circumventing technological protection measures of the Services or the
Company website.
4.3 You are also prohibited from using the Services or the Company
website to transmit unsolicited commercial emails to third parties or
Traders of the Company. While The Company is not responsible for any
such content posted by its Traders and does not have the affirmative
obligations to monitor such content, it does reserve the right to remove
them.
4.4 You are also prohibited from using any trading strategy that is
expressly prohibited by the Company or the Brokers it uses. Such
prohibited trading (“Prohibited Trading”) shall include, but not be
limited to:
- Exploiting errors or latency in the pricing and/or platform(s)
provided by the Broker
- Utilizing non-public and/or insider information
- Front-running of trades placed elsewhere
- Trading in any way that jeopardizes the relationship that the Company has with a broker or may result in the canceling of trades
- Trading in any way that creates regulatory issues for the Broker
- Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts
- Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded account, as determined by the Company in cooperation with FundYourTrading at their discretion
- Entering into an Equity CFD at or near the end of the trading day with intent of profiting from the marketing gap between when the market closes and reopens on the subsequent trading day, as determined by the Company in its sole and absolute discretion.
- Attempting to arbitrage a challenge account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
4.5 If the Company detects that your trading constitutes Prohibited
Trading, your participation in the program will be terminated and may
include forfeiture of any fees paid to the Company. Additionally, and
before any Trader shall receive a funded account, the trading activity
of the Trader under these Terms and Conditions shall be reviewed by both
the Company and the Broker to determine whether such trading activity
constitutes Prohibited Trading. In the case of Prohibited Trading, the
Trader shall not receive a funded account.
4.6 Additionally, the Company reserves the right to disallow or block
any Trader from participating in the program for any reason, in the
Company's sole and absolute discretion.
Education
5.1 The Company does not provide any trader education. The intent of the
Company is to identify individuals with a talent for trading.
FundYourTrading only provides simulated trading accounts throughout the
entire business. However, traders that are successful might have their
simulated accounts connected to real capital (through DICI & BEGG
CAPITAL LTD, or DBC) via Copy-Trading, or referred to as A-Booking. Such
Traders who pass an assessment offered by the Company shall be allocated
capital to trade in a live account under the terms of an agreement with
FundYourTrading.
5.2 Although The Company may provide data, information, and content
relating to investment approaches and opportunities to make trades, such
data, information and content is provided solely for general
informational and educational purposes. The Company does not invite the
Trader to take any action based upon any of the information and
materials provided on by the Company; you should not construe any such
data, information, or content as investment, financial, tax, legal, or
other kind of advice.
5.3 The Company further does not make any representations that any data,
information, and content on the Company website is accurate or complete.
You alone will bear the sole responsibility of evaluating the merits and
risks associated with using any such data, information, and content. As
such, you agree not to hold the Company liable for any possible claims
of damages that may arise from any decision that you make based upon the
use of data, information, and content on the Company website.
5.4 While the Company does not provide you with the opportunity to
invest actual currency, the Company wants to make sure you understand
the risks involved with traditional investing. You should be aware that
the risk of trading and investing is high and substantial. It can work
for you as well as against you. It may or may not lead to substantial
losses. Additionally, past performance is not indicative of future
results.
5.5 As such, you should carefully consider whether trading and investing
is right for you depending on your investment objectives, level of
experience, and risk appetite. If you are unsure, you should consult
with a financial advisor and/or tax advisor.
Account Creation
6.1 In order to register as a Trader, you may be asked to provide
personal information, including, but not limited to your name, email
address, mailing address, phone number, date of birth and a username and
password for an account that is unique to you. The information provided
is subject to the Company's privacy policy accessible here.
6.2 The account will be personal to You, and You cannot share it with
anybody else. You also may not purchase an account on behalf of a third
party or have an account purchased for you by a third party. You will be
responsible for maintaining the confidentiality of your username and
password. If you suspect that your account has been breached, you must
immediately notify The Company.
6.3 Traders are limited to one active account per challenge level, absent prior written approval.
Purchases and Refunds
7.1 The Company may provide products, services, subscriptions, or access
to certain portions to the Company's website at a monetary cost. Prices
and availability are subject to change without notice. The Company may
allow for such purchases within its website or via a white label
affiliate. It is your responsibility to thoroughly read and understand
any such terms and conditions.
7.2 By making any such purchases, you agree that the Company has no
responsibility and acquires no liability for any claim related to your
purchases.
7.3 Upon the complete purchase of a product, service, subscription, or
access to certain portions of the Company website, the Company will make
any said product, service, or access will be available to you following
the approved transaction.
7.4 There are no refunds on any Services purchased from the Company. If
you, as a purchaser, are deemed “high risk” by our payment processors we
may require you to provide additional documentation or information in
order to proceed with the challenge. Failure to provide the requested
documentation and information within twenty-four (24) hours of said
request may result in your use of and access to the Services being
revoked. The documentation and information supplied does not guarantee
that this status will be revoked and may still be subject to
ineligibility.
Guidelines
8.1 The Company will display the guidelines associated with the Services
on the Company's website and via email, upon becoming a Trader. These
guidelines, which may change from time to time in The Company's sole
discretion, are incorporated in whole into this Agreement. The Company
makes absolutely no promise, guarantee, or warranty, express or implied,
as to any promise to future employment as a trader, monetary payments,
or any other type or kind of compensation or award for your performance
as a Trader.
8.2.1 Mandatory KYC Verification: As part of our commitment to comply
with regulatory standards and ensure the security of transactions, any
Trader requesting a payout from FundYourTrading is subject to a
mandatory Know Your Customer (KYC) verification process. This process is
crucial for verifying the identity of the Trader and for the prevention
of fraud, money laundering, and other financial crimes.
8.2.2 Verification Process: To initiate the payout process, the Trader
must complete the KYC verification procedure. This involves providing
valid and up-to-date personal identification documents, proof of
residence, and any other relevant information requested by the Company.
The Trader is responsible for ensuring that all information provided is
accurate and current.
8.2.3 Timeframe for Verification: The KYC verification process can take
up to 30 days to complete. This timeframe applies regardless of the
evaluation package selected by the Trader at the time of purchase,
including those who opted for instant payout options. The commencement
of the payout review will be contingent upon the successful completion
of the KYC verification process.
8.2.4 Impact on Payouts: Traders must acknowledge that the payout
process will not begin until the KYC verification is satisfactorily
completed. Delays in providing required documentation or providing
incomplete or inaccurate information may result in extended processing
times.
8.2.5 Compliance: By requesting a payout, the Trader agrees to fully
cooperate with the KYC verification process and acknowledges the
necessity of this procedure in accordance with regulatory requirements
and company policy. Failure to comply with the KYC verification process
may result in a delay or denial of the payout request and may impact the
Trader's standing with the Company.
8.3.1 Verification of Details: Upon completion of the KYC verification
process, the Company will review and compare the details provided by the
Trader during the KYC process with those submitted at the time of the
account purchase. This comparison is essential for maintaining the
integrity of the services and ensuring adherence to regulatory and
security standards.
8.3.2 Consequences of Discrepancies: If the Company discovers that the
details submitted by the Trader during the KYC verification do not match
the details provided at the time of account purchase, the Company
reserves the right to take the following actions:
a. Refusal of Payout: The Company may refuse to process the payout request. This action is taken to protect against potential fraudulent activities and to comply with legal and regulatory requirements.
b. Account Termination: In addition to refusing the payout, the Company
also reserves the right to terminate the Trader's account. Account
termination under these circumstances is a necessary measure to uphold
the security and legitimacy of the Company's operations.
8.3.3 Notification and Appeal: In cases where discrepancies are
identified, and actions such as refusal of payout or account termination
are taken, the Company will notify the Trader of the decision and the
reasons for such actions. The Trader will have the opportunity to appeal
the decision by providing additional information or clarification
regarding the discrepancies. The Company will review the appeal and make
a final decision.
8.3.4 Responsibility of the Trader: It is the responsibility of the
Trader to ensure that all information provided both at the time of
account purchase and during the KYC process is accurate, current, and
consistent. The Trader acknowledges that failure to provide consistent
and accurate information may result in the aforementioned consequences.
Trademarks
9.1 You acknowledge and agree that any and all trademarks, trade names,
design marks, or logos displayed on the Company's website by the
Company, are common law or registered trademarks owned by or licensed to
the Company. You are expressly prohibited from using the trademarks of
the Company to cause confusion, cause mistake, deceive consumers, or
from falsely designating the origin of, source of, or sponsorship of
your goods or services. You are further prohibited from using the
trademarks of the Company in domain names, keyword advertisements,
trigger keyword advertisements, or in meta tags. All other trademarks,
trade names, design marks, or logos are the property of their respective
owners.
9.2 You acknowledge and agree that the Company's website, its suppliers
and licensors expressly reserve all intellectual property rights in all
text, programs, products, processes, technology, content and other
materials, which appear on the Company's website. Access to this website
does not confer and shall not be considered as conferring upon anyone
any license under any of the Company's or any third party's intellectual
property rights. All rights, including copyright, in this website are
owned by or licensed to us or third-party suppliers. Any use of this
Website or its contents, including copying or storing it or them in
whole or part, other than for your own personal, non-commercial use is
prohibited without the permission of The Company. You cannot modify,
distribute or re-post anything on this website for any purpose.
9.3 The Company names and logos and all related products and services and our slogans are the trademarks or service marks of the Company or licensed to the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Company Website. Access to the Company website does not authorize anyone to use any name, logo or mark in any manner.
9.4 All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Company website or any related software. All software used on the Company website is the property of the Company or its suppliers and protected by laws of the United Arab Emirates. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Company website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of the United Arab Emirates. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Company website is the exclusive property of the Company and is also protected by the laws of the United Arab Emirates.
Disclosure Statement
10.1 Before deciding to participate in financial markets, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose.
10.2 There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products you are trading.
10.3 Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your funds. This may work against you as well as for you.
10.4 There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet. The Company employs backup systems and contingency plans to minimize the possibility of system failure.
Media Participation Agreement
11.1 Mandatory Media Participation: If a Trader achieves a profit of
over $2000, the Trader agrees to participate in an interview film for
The Company's social media platforms. This participation is at the
discretion of The Company.
11.2 Scheduling and Conduct: The Company will coordinate with the Trader to schedule the interview at a mutually convenient time. The Trader agrees to conduct themselves in a professional manner during the interview, adhering to the guidelines provided by The Company.
11.3 Non-Participation Consequences: Failure to participate in the
interview film without a valid reason, as determined by The Company, may
result in The Company acting, including, but not limited, to the closure
of the Trader's account.
11.4 Use of Interview Material: The Trader grants The Company the right to use any footage or material from the interview for promotional or marketing purposes, in perpetuity and in any media format. The Trader waives any rights to review or approve the final content, and acknowledges no entitlement to compensation for the use of such material.
Intellectual Property Rights in User-Generated Content
12.1 Ownership and Compensation for User-Generated Content: Any content,
including but not limited to trading strategies, market analysis, or
posts generated by Traders while using The Company's Services, shall
become the exclusive property of The Company upon creation. In
consideration for this transfer of ownership, the Trader agrees that
compensation for such content will be included as part of the Trader's
payouts, as outlined elsewhere in this Agreement. The Trader
acknowledges and agrees that they waive any and all rights to the said
content, except as compensated through these payouts.
12.2 License to Use Trader Content: By generating content, the Trader
grants The Company a non-exclusive, royalty-free, perpetual, and
worldwide license to use, reproduce, modify, publish, translate, create
derivative works from, distribute, perform, display, or incorporate into
other works such content, in whole or in part, in any manner or media,
for any purpose whatsoever, including for commercial or marketing
purposes.
12.3 Representation and Warranties: The Trader represents and warrants
that they own or have the necessary licenses, rights, consents, and
permissions to use and to authorize The Company to use all intellectual
property rights in and to any user-generated content.
Termination and Suspension Policy
13.1 Grounds for Termination or Suspension: The Company reserves the
right to terminate or suspend a Trader's account for reasons including,
but not limited to, breach of this Agreement, conducting prohibited
trading activities, or any actions that are harmful to The Company or
its Services.
Governing Law and Jurisdiction
14.1 Governing Law: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the United Arab Emirates.
14.2 Jurisdiction: The parties irrevocably agree that the courts of the United Arab Emirates shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.
Compliance with Regulatory Requirements
15.1 Adherence to Regulations: The Company and the Trader shall comply with all applicable laws, statutes, regulations, and ordinances pertaining to their performance under this Agreement, including adherence to financial, trading, and securities regulations in the jurisdictions they operate or trade.
15.2 Notification of Changes in Regulation: The Trader agrees to
promptly inform the Company of any changes in regulations or their
status that may affect their ability to comply with this Agreement or
trade under the Company's Services.
15.3 Cooperation with Regulatory Bodies: The Company reserves the right
to cooperate with relevant regulatory bodies and authorities in case of
investigations or compliance checks and may disclose Trader's trading
records and account information as required by law or regulatory demand.
Term and Termination
16.1 The term of this Agreement will begin when you purchase a Service offered via the Company and will continue until either the Company terminates your access to the Services or you stop using the Services.
16.2 The Company reserves the right to terminate the Services or your access to the Company website in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability
17.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE
PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND
NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE
COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES,
JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON
THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE COMPANY
WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES,
CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE
DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING
OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE
UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE
OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT
THE COMPANY'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE
THE SERVICES OR $1,000, WHICHEVER IS LESS.
Indemnification
18.1 You agree to indemnify, defend, and hold harmless The Company, its
officers, shareholders, directors, employees, subsidiaries, affiliates,
white label users, and representatives from any and all losses,
including, but not limited to costs and attorneys' fees arising out of
or related to your use of the Website; your violation of any term or
condition of this Agreement; your violation of the rights of third
parties, including but not limited to intellectual property rights or
other personal or proprietary rights; and violation of any law, statute,
ordinance, regulation, or treaty, whether local, state, provincial,
national or international.
18.2 Your obligation to defend The Company will not provide you with the
ability to control The Company's defense, and The Company reserves the
right to control its defense, including its choice of counsel and
whether to litigate or settle a claim subject to indemnification.
Litigation
19.1 You acknowledge and agree that any controversy or claim arising out
of or related to this Agreement, including any claim or controversy
concerning interpretation of this Agreement or your use of this
Services, will be settled by a forum and venue agreed between the
Company and the Trader.
Force Majeure
20.1 The Company shall not be liable to Trader for any claims, losses,
damages, costs or expenses, including attorneys' fees, caused, directly
or indirectly, by any events, actions or omissions, including, without
limitation, claims, losses, damages, costs or expenses, including
attorneys' fees, resulting from civil unrest, war, insurrection,
international intervention, governmental action (including, without
limitation, exchange controls, forfeitures, nationalizations,
devaluations), natural disasters, acts of God, market conditions,
inability to communicate with any relevant person or any delay,
disruption, failure or malfunction of any transmission or communication
system or computer facility, whether belonging to the Company, Trader,
or third-party service provider.
Survivability
21.1 The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
Severability
22.1 In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
Interpretation
23.1 This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment
24.1 You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
Waiver
25.1 No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
Entire Agreement
26.1 This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.