Terms of Service
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Please read these terms of service carefully before using The Trading Capital Website. Note that the Terms of Service are subject to change at any time.
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LAST UPDATED: February 11, 2024
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1. OVERVIEW
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These Terms of Service form a legally binding contract between The Trading Capital. ("we" or "us") and the people and companies (“Users”, "traders", "customers" or “you”) that access and use our Website located at www.thetradingcapital.com or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Service apply to all products and services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.
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It is very important that you read and fully understand these Terms of Service before using the Website. By agreeing to these Terms of Service and using the Website, you are entering into a legally binding contract which will impact your rights.
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By accessing any part of the Website, you agree to be bound by these Terms of Service. You are also confirming that you have read and fully understood these Terms of Service. If you do not agree to or understand all of these Terms of Service, then you may not access the Website or use any services available on the Website.
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These Terms of Service should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.
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2. SERVICES AVAILABLE ON THE WEBSITE
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Without restriction, we generally offer the following services through the Website:
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At any and all times, traders are operating through a demo account and not a real money account. All the products and services in their entirety, available on our Website, are for the purpose of simulation, practice and study only. Throughout every stage and in every circumstance, all our products and services are operating as demo accounts at all times. No live funds are used at any time. It is by our discretion to choose if, when and which trades we take from our proprietary traders and use with our own capital.
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We offer our products and services such as but not limited to the "Evaluation", to all users and they are free to use any strategy they wish to attempt to pass our Evaluation. We provide our "Prop Trader" account to those who pass our evaluation successfully and follow all of the rules without committing any violations, at our complete discretion. If a trader successfully passes all Evaluation objectives and reaches their first profit split successfully, we will provide a 125% full refund to the user. Traders must also ensure that their trading strategy does not exceed $5,000,000 across all accounts.
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We are not responsible for any losses incurred for failed evaluations due to gaps in the market, sudden increase in spreads or other anomalies that occur in the Foreign Exchange Market, using the MT4/MT5 Platform. Each trader takes 100% full responsibility in their trading and understands the risk involved and the potential to fail.
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The products and services we offer are subject to change over time. By purchasing any of the products or services using the Website, you are confirming that you have determined that the products and services we provide meet your needs, are as described and agree to the above. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes. It is the trader's responsibility to ensure that our services meet their needs and can do so completely free of charge by requesting a trial.
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3. PAYMENT PROCEDURES
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Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.
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You agree to pay the fees applicable to your purchase and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).
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All initial and recurring Fees (if any) will be charged to the credit card that you authorize for your account or through one of the payment merchants we use. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due.
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For purposes of processing subscription payments, for purchase of our plans, we use the following service provider(s):
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PAYPAL
VISA/MASTERCARD
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Before using the Website, you must first review and agree to these Terms of Service governing the use of these third-party payment processors.
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4. REFUND, EXCHANGE AND SHIPPING POLICIES
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Our current policies on refunds are posted on the Website.
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5. TERMINATION
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You may cancel these Terms of Service at any time by discontinuing your use of the Website.
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6. LIMITATION OF LIABILITY
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Except in a case where we are in violation of these Terms of Service, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.
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Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
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7. INDEMNIFICATION
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You agree to indemnify and hold harmless The Trading Capital, including our officers, directors, shareholders, owners, employees and agents, from and against any and all claims and expenses, including legal fees, law suits and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Service or any other policy posted on the Website.
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8. SECURITY BREACHES
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In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
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We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
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9. WARRANTIES AND REPRESENTATIONS
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We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
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10. COMPLIANCE WITH LAWS
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You represent and warrant that:
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i. You have the authority to bind yourself to these Terms of Service;
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ii. Your use of the Website will be solely for purposes that are permitted by these Terms of Service;
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iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
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iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
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You must only use the Website for your own lawful purposes, in accordance with these Terms of Service and any notice, policy or condition posted on the Website.
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You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Service.
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11. AGE RESTRICTIONS
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Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.
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12. GOVERNING LAW AND DISPUTE RESOLUTION
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These Terms of Service and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the State of New South Wales.
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If any claim, dispute or controversy occurs between The Trading Capital and a User relating to the interpretation or implementation of any of the provisions of these Terms of Service, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or The Trading Capital. Arbitration shall be held in the Province of Ontario, Canada unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
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13. WAIVER OF CLASS ACTION
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By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against The Trading Capital or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against The Trading Capital otherwise commenced.
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The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
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14. GENERAL TERMS
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a. AMENDING THESE TERMS OF SERVICE
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These Terms of Service may be updated and amended from time to time. We reserve the right to change these Terms of Service at any time, and any amended Terms of Service are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Service we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Service, whether or not we deemed the amendments to be material.
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b. ASSIGNMENT
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We may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.
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Users may not assign or delegate any rights or obligations under these Terms of Service, without our prior written consent, and any unauthorized assignment and delegation is void.
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c. NO WAIVER
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No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
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d. NO AGENCY
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The parties to these Terms of Service are independent contractors and are not partners or agents. The Trading Capital has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Service or your use of the
Website.
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e. SEVERABILITY
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In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
f. ENTIRE AGREEMENT
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These Terms of Service, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and The Trading Capital and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Service.
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15. QUESTIONS ON THESE TERMS OF SERVICE
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We welcome you to contact us with any questions on these Terms of Service. You can send your questions regarding these Terms of Service to the following email address:
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16. ADDITIONAL TERMS
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The following additional terms and conditions apply to the use of the Website:
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Business hours are 12:00pm to 8:00pm EST Monday to Friday. Customer service is limited during weekends. Make sure you have read and understood all rules, terms and policies as a sale on this website is final.
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17. CONFIRMATION OF AGREEMENT TO TERMS OF SERVICE
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BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.
Disclaimer
• The Trading Capital acts only as an intermediary between traders and the publicly available MT4/MT5 Platforms. The Trading Capital provides a service that is for the purpose of simulation, practice and study. There is no employment relationship between The Trading Capital and the traders.
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• All purchases and investments involve risks, including the possible loss of capital.
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• The free and publicly available MT4/MT5 Platform is offered to self-directed customers (traders) by us. Whilst operating entirely under demo conditions, traders should be aware that system response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors of which The Trading Capital is not liable and does not have control of.
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• Traders who posses our "Prop Trader" account, are successful and at our discretion, are paid for by us, The Trading Capital entirely.
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• The Trading Capital is not an investment fund, prop fund or hedge fund or a brokerage. We do not offer securities (stocks, forex, cryptocurrencies and CFD’s) to traders directly to trade, neither do we accept any deposits from investors or traders to provide a return (profit) on same.
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• This is not an offer, solicitation of an offer, or advice to buy or sell securities or engage in currency (forex trading).
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• The Trading Capital does not guarantee the accuracy, timeliness, completeness, or usefulness of Third Party Content, such as but not limited to the free and publicly available MT4/MT5 Platform and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. All content, products and services on this Website strictly FOR EDUCATIONAL PURPOSES only.