Legal Documents

GENERAL TERMS AND CONDITIONS

Funded Marketplace (PTY) LTD

These Funded Marketplace General Terms and Conditions (the “GTCs”) govern rights and obligations in connection with the use of services provided by Funded Marketplace (Pty) Ltd (the “Services”), offered mainly through the www.fundedmarketplace.com website (the “Website”).

Please read these GTC carefully. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms.

1. INTRODUCTORY PROVISIONS

1.1 These GTCs govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by Funded Marketplace (Pty) Ltd, with company number 2024/362065/07, Registered office at No. 4 Canal Close, Century Falls, Century City, Western Cape (“we”, “our”, or the “Provider”).

1.2 By registering on the Website or, where registration is not required, no later than by your first use of the Services, you are entering into a contract with the Provider, the subject of which is the provision of the Services of your choice. The GTCs form an integral part of such a contract and, by executing the contract with the Provider, you express your agreement to these GTCs.

1.3 The Services provided are exclusively intended for individuals aged 18 and above, who reside in countries where these Services are permitted. By registering on the Website, you confirm that you meet the age requirement of 18 years or older. Users under the age of 18 are strictly prohibited from accessing or using these Services. It is your responsibility to access the Services only from countries where they are legally available.

1.4 Access to and use of the Services may be subject to legal restrictions or prohibitions in certain countries. You agree to use the Services in compliance with all applicable laws and regulations governing their use. It is important to ensure that your use of the Services aligns with local laws and regulations to avoid any violations.

1.5 By acknowledging these terms, you affirm that you will access and use the Services responsibly and in accordance with the laws of your country of residence. It is essential to adhere to these guidelines to maintain lawful and appropriate use of the Services provided.

1.6 The Provider shall not provide Services to any Customer that:

• 1.6.1 is a national or resident of Restricted Jurisdictions.
• 1.6.2 is established or incorporated, or has a registered office in Restricted Jurisdictions.
• 1.6.3 is subject to the relevant international sanctions, or
• 1.6.4 has a criminal record related to financial crime or terrorism.

Restricted Jurisdictions means countries determined as such by the Provider and published here on the Website. The Provider reserves the right to refuse, restrict, or terminate the provision of any Services to the Customer as per Clause 1.4. and such Customer is prohibited to use the Services, which also includes the use of the Client Section and/or Trading Platform.

1.7 The Services encompass the provision of tools for simulated trading in foreign exchange (FOREX) and other financial instruments across various markets, as well as the provision of analytical tools, educational resources, access to the Client Section, and other related services. These services may include access to applications provided by the Provider or third parties.

1.7.1 Simulated trading utilizes financial market information; however, you acknowledge that any trading conducted through the Services is not real.

1.7.2 The funds allocated to you for simulated trading are fictitious, and you acknowledge that you have no right to claim ownership of these fictitious funds beyond their intended use within the Services.

1.7.3 Specifically, these funds cannot be used for actual trading, and you are not entitled to withdraw or receive payment for them. Unless explicitly agreed otherwise, you will not receive any compensation or profits based on simulated trading outcomes, nor will you be liable for any losses incurred.

1.8 None of the services provided to you by the Provider can be considered investment services in accordance with applicable laws. The Provider does not give or provide to you any guidance, instructions, or information about how or in which manner you should perform transactions when using the Services or otherwise, or any other similar information about the investment tools traded, nor does the Provider accept any such guidance, instructions, or information from you. None of the services constitute investment advice or recommendations. No employees, staff, or representatives of the Provider are authorized to provide investment advice or recommendations. Should any information or statement of any employee, staff, or representatives of the Provider be interpreted as investment advice or recommendations, the Provider explicitly disclaims that the same is investment advice or recommendations and shall not be responsible for them.

1.9 Your personal data is processed per the Privacy Policy.

1.10 The meaning of the definitions, expressions, and abbreviations used in these GTCs can be found in clause 13.

2. SERVICES AND THEIR ORDER

2.1 Services can be accessed through the Website by completing the appropriate registration or order form. After registration, we will e-mail you the login details for the Client Section and/or Trading Platform and allow you to access them.

2.2 The Services include Funded Marketplace challenges, where registered and verified traders have access to multiple platforms; these products and platforms may differ in the scope of the Services provided (e.g., by analytical tools available to the Customer), and users are advised to ensure they familiarize themselves with the Terms and Conditions of the chosen platform.

2.3 All data provided through the registration or order form, the Client Section, or otherwise must be complete, true, and up to date. You must immediately notify us of any change in your data or update the data in your Client Section. The Customer is responsible for all the provided data being accurate and up to date; the Provider is not obligated to verify the data other than in accordance with AML and CDD risk rating requirements.

2.4 You acknowledge that if you provide an identification number, tax registration number, or other similar information in the registration or order form or in the Client Section, or if you state that you are a legal entity, you will be considered as an entrepreneur (trader) for the purposes of these GTC and when using the Services, and the provisions of these GTC or the applicable law that grant rights to consumers will not apply to you.

2.5 The fee for the Challenge varies according to the challenge selected and depends on the amount of the initial capital, the degree of acceptable risk, the parameters that must be fulfilled so that the conditions of the Challenge and the subsequent Verification are met, and possibly other configurations. More detailed information on individual options and fees for those options is provided on our website. The final fee will be determined based on the option you select when completing the form for ordering the Challenge. The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined unless expressly stipulated otherwise by the Provider.

2.6 The fee is paid to allow you to access the Challenge or the Services provided under the Challenge. The Customer is not entitled to a refund of the fee, for example, if the Customer cancels the Customer’s Client Section or requests the cancellation by e-mail, if the Customer terminates the use of the Services prematurely (for example, fails to complete the Challenge or the Verification), fails to meet the conditions of the Challenge or the Verification, or violates these GTC.

2.7 If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider (e.g., through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing the Customer any services and refuse any future provision of any services.

2.8 Your choice of the option of the Challenge that you select when making an order shall also apply to the subsequent Verification. You will start the subsequent Verification and, possibly, other products related thereto, with the parameters and the same currency that correspond to the option and platform you select for the Challenge. Once you have made a selection, it is not possible to change it. If you are ordering a new Challenge, the restrictions specified in this clause 2.8 shall not apply.

2.9 The Provider reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

2.10 You can review, correct, and amend any data entered in the order form until the binding order is placed. The order is finalized by submitting the order form. The Provider will confirm receipt of your order via email. For a Free Trial, the order is completed upon email confirmation, at which point the contract is established. For the Challenge, the order is completed upon payment of the fee, creating a contract for the Challenge and subsequent Verification if conditions are met. The contract is concluded in English, archived electronically, and not accessible.

2.11 You acknowledge that in order to use our Services, you must obtain the appropriate technical equipment and software, including third-party software (e.g., software for the use of the Trading Platform), at your own risk and expense. The Website is accessible from the most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. The Provider does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Provider does not charge any additional fees for the internet connection.

2.12 You acknowledge that the operators of trading platforms are persons or entities different from the Provider and that their own terms and conditions and privacy policies will apply when you use their services and products. Before sending an order form, you are obligated to read those terms and conditions and privacy policies.

2.13 If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Provider may notify the Customer through the Client Section as a protective precaution to mitigate potentially harmful behavior of the Customer. If such unreasonable behavior continues after such notice, we reserve the right to suspend any further orders of the Services by the Customer. If we identify that the unusual behavior as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions as per Section 5 of this GTC. The Provider reserves the right to determine, at its own discretion, the nature of the behavior described above and reasonable boundaries for such determination.

3. PAYMENT TERMS

3.1 The fees for the Challenge options can be paid in Rand or US Dollars via the chosen payment gateway. Other currencies listed on the Website are also accepted. If you select a currency other than Rand, the fee amount will be converted using our rates, and your total payment will automatically display in your chosen currency before you confirm the order. The Customer acknowledges that if the payment is made in a currency different from the one selected on the Website, the amount will be converted according to the current exchange rates at the time of payment.

3.2 Service charges are inclusive of all taxes. If the Customer is an entrepreneur (trader), he is obliged to fulfil all his tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, he is obliged to pay taxes or other fees properly.

3.3 You can pay the fee for the selected option of the Challenge by a payment card, via a bank transfer, or using other means of payment that are currently offered on the Website.

3.4 In the event of payment by a payment card or via any other express payment method, the payment shall be made immediately. If you select a bank transfer for payment, we will subsequently send you a proforma invoice in electronic form with the amount of the fee for the option of the Challenge you have chosen on the Website. You undertake to pay the amount within the period specified in the proforma invoice. The fee is considered paid when its full amount is credited to the Provider’s account. If you do not pay the amount on time, the Provider is entitled to cancel your order. The customer bears all fees charged to the Customer by the selected payment service provider (according to the valid price list of the payment service provider) in connection with the transaction, and the Customer is obliged to ensure that the respective fee for the selected Challenge is paid in full.

4. CLIENT SECTION AND TRADING PLATFORM

4.1 Only one Client Section is permitted per Customer and all of the Customer’s Services must be maintained in the Client Section.

4.2 The total number of Challenges and Verifications per one Client Section may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer or based on other parameters. Unless the Provider grants an exception to the Customer, the initial capital amounts may not be transferred between the individual products or mutually combined. You may also not transfer or combine your performance, Service parameters, data, or any other information between the products.

4.3 Access to the Client Section and Trading Platform is protected by login data, which the customer may not make available or share with any third party. If the Customer has registered as a legal entity, the Customer may allow the use of the Services through the Customer’s Client Section to the authorized employees and representatives. The Customer is responsible for all activities that are performed through the Customer’s Client Section or Trading Platform. The Provider bears no responsibility, and the Customer is not entitled to any compensation, for any misuse of the Client Section, Trading Platform, or any part of the Services, nor is the Provider responsible for any negative consequences thereof for the Customer, if such misuse occurs for any reasons on the part of the Customer.

4.4 The Customer acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Provider bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Client Section or Trading Platform and for damage or loss of any data or other content that the Customer uploads, transfers or saves through the Client Section or Trading Platform.

4.5 The Customer may at any time request the cancellation of the Client Section by sending a message on the website’s Contact Us page – https://fundedmarketplace.com/contact/. Sending a request for the cancellation of the Client Section is considered a request for termination of the contract by the Customer, with the Customer being no longer entitled to use the Services, including the Client Section and Trading Platform in so far it relates to the Challenge. The Provider will immediately confirm the receipt of the request to the Customer by e-mail, whereby the contractual relationship between the Customer and the Provider will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.

5. RULES OF SIMULATED TRADING

5.1 During the simulated trading on the Trading Platform, you may perform any transactions unless these constitute forbidden trading strategies or practices within the meaning of clause 6. You also agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions of the Trading Platform that you have selected for trading.

5.2 You acknowledge that the Provider has access to information about the simulated trades that you perform on the Trading Platform. You grant the Provider your consent to share this information with persons/entities who are in a group with the Provider or who are otherwise affiliated with the Provider, and you grant the Provider and these persons/entities your consent and authorization to handle this information at their own will. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part being necessary and that you are not entitled to any remuneration or revenue associated with the use of the data by the Provider. The Provider is aware that you do not provide the Provider with any investment advice or recommendations through your simulated trading. You acknowledge that you may suspend your simulated trading on the Trading Platform at any time.

5.3 The Provider bears no responsibility for the information displayed on the Trading Platform, nor for any interruption of, or delay or inaccuracy in, the market information displayed through your Client Section.

6. PROHIBITED TRADING PRACTICES

6.1 During the simulated trading, it is prohibited to:

6.1.1 Knowingly or unknowingly use trading strategies that exploit errors in the services such as errors in the display of prices or delays in their update.

6.1.2 Perform trades using an external or slow data feed.

6.1.3 Perform, alone or in concert with any other persons, including between connected accounts, or accounts held with different Funded Marketplace entities, trades or combinations of trades the purpose of which is to manipulate trading, for example by simultaneously entering into opposite positions.

6.1.4 Perform trades in contradiction with the terms and conditions of the provider and the trading platform.

6.1.5 Use any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give you an unfair advantage when using our systems or services.

6.1.6 Perform gap trading by opening trade(s):

• 6.1.6.1 When major global news, macroeconomic events or corporate reports or earnings (“events”), that might affect the relevant financial market, are scheduled.
• 6.1.6.2 2 hours or less before a relevant financial market is closed for 2 hours or longer.
• 6.1.7 Otherwise perform trades in contradiction with how trading is actually performed in the forex market or any other financial market, or in a way that establishes justified concerns that the provider might suffer financial or other harm as a result of the customer’s activities (e.g., overleveraging, overexposure, one-sided bets, account rolling).

6.2 As our customer, you should understand and agree that all our Services are for the customers’ personal use only, meaning that only you personally can access your Challenge and Verification accounts and perform trades. For that reason, you should not, and you agree not to:

• 6.2.1 Allow access to and trading on your Challenge and Verification accounts by any third party, nor shall you engage or cooperate with any third party in order to have such third party perform trades for you, whether such third party is a private person or a professional.
• 6.2.2 Access any third-party Challenge and Verification accounts, trade on behalf of any third party, or perform any account management or similar services, where you agree to trade, operate, or manage the Challenge and Verification accounts on behalf of another user, all whether performed as a professional or otherwise.
• 6.2.3 Any act or behavior that is in contradiction with the aforesaid will be considered a Prohibited Trading Practice under Section 5.4 with respective consequences as perceived under this GTC.

6.3 Furthermore, the Customer shall not exploit the Services by performing trades without applying market standard risk management rules for trading on financial markets, this includes, among others, the following practices:

• 6.3.1 Opening substantially larger position sizes compared to the Customer’s other trades, whether on this or any other Customer’s account.
• 6.3.2 Opening substantially smaller or larger numbers of positions compared to the Customer’s other trades, whether on this or any other Customer’s account.

6.4 If the Customer engages in any of the Prohibited Trading Practices described in clause 6, the Provider may:

• 6.4.1 Consider it as a failure to meet the conditions of the Challenge or Verification.
• 6.4.2 Remove the transactions that violate the prohibition from the Customer’s trading history and/or not count their results in the profits and/or losses achieved by the simulated trading.
• 6.4.3 Immediately cancel all Services provided to the Customer and subsequently terminate this Agreement.
• 6.4.4 Reduce the offered leverage on products on any or all Customer’s accounts.

6.5 In case when some or all Prohibited Trading Practices are executed on one or more Challenge and Verification accounts of one Customer, or accounts of various Customers, or by combining trading through Challenge and Verification accounts, then the Provider is entitled to cancel all Services and terminate all respective contracts related to any and all Customer’s Challenge and Verification accounts and/or apply other measures in Clause 6.5. The Provider may exercise all actions in Clauses 6.5 and 6.6 at its own discretion.

6.6 If any Funded Marketplace Trader accounts were used for or were involved in the Prohibited Trading Practices, this may and will constitute a breach of respective terms and conditions for Funded Marketplace Trader accounts with third-party providers and may result in the cancellation of all such user accounts and termination of respective agreements by the third-party provider.

6.7 News Release Restrictions: In addition to the practices listed above, you are strictly prohibited from holding open positions during specified news releases. Specifically, you must ensure that no positions are open for the symbols listed below five (5) minutes before and five (5) minutes after the release of any relevant Economic Calendar events. It is your responsibility to remain informed about the timing of these restricted news events. Failure to comply may result in your trades being voided or disqualified from the Challenge or Verification. The following restrictions apply:

• Country – News Release – Symbols:
  • USA – Non Farm Payrolls – All
  • USA – Retail Sales – All
  • USA – CPI (Consumer Price Index) – All
  • USA – PPI (Producer Price Index) – All
  • USA – GDP q/q – All
  • USA – Core PCE Price Index m/m – All
  • USA – ADP Non-Farm Employment Change – All
  • USA – ISM Manufacturing PMI – All
  • USA – ISM Services PMI – All
  • USA – Flash Manufacturing PMI – All
  • USA – Flash Services PMI – All
  • USA – Crude Oil Inventories (EIA) – USOil, UKOil
  • USA – Natural Gas Inventories (EIA) – NGAS
  • USA – FED Interest Rate Decision – All
  • EU – ECB Interest Rate Decision – All EUR FX pairs
  • UK – BOE Interest Rate Decision – All GBP FX pairs

Please note: These restrictions are implemented to prevent undue volatility and unfair trading advantages during critical economic events. The list of restricted news releases may be updated periodically, and it is your responsibility to stay informed.

6.8 If the Customer engages in any of the practices described in clause 6 repeatedly, and the Provider has previously notified the Customer thereof, the Provider may prevent the Customer from accessing all Services or their parts, including access to the Client Section, without any compensation. In such a case, the Customer is not entitled to a refund of the fees paid.

6.9 The Provider does not bear any responsibility for trading or other investment activities performed by the Customer outside the relationship with the Provider, for example by using data or other information from the Client Section, Trading Platform, or otherwise related to the Services in real trading on financial markets, not even if the Customer uses for such trading the same Trading Platform that the Customer uses for simulated trading.

6.10 Developments in financial markets are subject to frequent and abrupt changes. Trading on financial markets may not be profitable and can lead to significant financial losses. Any previous performances and profits of the Customer’s demo trading are not a guarantee or indication of any further performance.

7. CHALLENGE AND VERIFICATION

7.1 After paying the fee for the selected option of the Challenge, the Customer will receive the relevant login data for the Trading Platform at the e-mail address provided by the Customer or in the Client Section. The Customer activates the Challenge by opening the first simulated trade in the Trading Platform.

If you are a consumer, you acknowledge that, by opening the first simulated trade, you expressly demand the provider to complete the services before the expiry of the period for withdrawal from the contract, which affects your right to withdraw from the contract, as specified in more detail in clause 4.

If you do not activate the Challenge within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request the renewal of access via the Client Section within 6 months of the initial suspension, otherwise, we will terminate the provision of the Services without any right to a refund of the fee. The Challenge lasts for 30 calendar days from the date of its activation.

7.2 In order for the Customer to meet the conditions of the Challenge, the Customer must fulfil all the following parameters at the same time by the end of the Challenge:

• 7.2.1 During the Challenge, the Customer has opened at least one simulated trade on at least five different calendar days.
• 7.2.2 In the course of none of the calendar days during the Challenge did the Customer report a loss on any simulated trades opened and closed on that day, which would exceed a 5% loss of the initial capital.
• 7.2.3 At no time during the Challenge did the Customer report a loss on any opened and closed simulated transactions, which would exceed a 10% loss of the initial capital.

7.3 If the Customer has met the conditions of the Challenge specified in clause 7.2, and at the same time has not violated these GTC, in particular the rules of simulated trading under clause 6, the Provider will evaluate the Challenge as successful and will make the Verification available to the Customer free of charge by sending login details to the Customer’s e-mail address or Client Section. The Customer may request the evaluation of the Challenge at any time via the Client Section. The Provider does not have to evaluate the Challenge if the Customer has not closed all trades.

7.4 The Customer activates the Verification by opening the first simulated trade in the Trading Platform. If the Customer does not activate the Verification within 30 calendar days from the day on which the Customer received the new login data, the Customer’s access to the Verification will be suspended. The Customer may request the renewal of access via the Client Section within 6 months of the suspension, otherwise, we will terminate the provision of the Services without any right to a refund. The Verification lasts for 60 calendar days from the date of its activation.

7.5 In order for the Customer to meet the conditions of the Verification, the Customer must fulfil all of the following parameters at the same time by the end of the Verification:

• 7.5.1 During the Verification, the Customer has opened at least one simulated trade on at least five different calendar days.
• 7.5.2 In the course of none of the calendar days during the Verification did the Customer report a loss on any simulated trades opened and closed on that day, which would exceed 5% of the initial capital.
• 7.5.3 At no time during the Verification did the Customer report a loss on the sum of the opened and closed simulated trades, which would exceed in total 10% of the initial capital.
• 7.5.4 At the end of the Verification, the Customer reported a closed profit from all performed simulated trades amounting to at least the percentage of the initial capital for the respective option as described below.

7.6 For the Customer to meet the conditions of the Verification, the Customer shall comply with the following:

• 7.6.1 Customer has met the conditions of the Verification specified in clause 7.5.
• 7.6.2 Customer has not violated these GTC, in particular, the rules of simulated trading under clause 6.
• 7.6.3 Customer has not exceeded the maximum total amount of the capital allocation of USD 400,000 individually or in combination, per Customer or per each trading strategy, within the meaning of the applicable Funded Marketplace Trader Program agreement, if Customer is already participating in the Funded Marketplace Trader Program.

If the above conditions are met, the Provider will evaluate the Verification as successful and will recommend the Customer as a candidate for the Funded Marketplace Trader program. The Customer may request the evaluation of the Verification at any time by sending a request via the Client Section. The Provider does not have to evaluate the Verification if the Customer has not closed all transactions.

7.7 If during the Challenge, the Customer does not comply with some of the conditions specified in clause 7.6, the Challenge will be evaluated as unsuccessful, and the Customer will not be allowed access to the subsequent Verification. If during the Verification the Customer does not comply with any of the conditions specified in clause 7.6, the Verification will be evaluated as unsuccessful, and the Customer will not be recommended as a candidate for the Funded Marketplace Trader program. In such cases, the Customer’s account and Services will be canceled without a refund of fees already paid.

7.8 Provider recommending Customer as a candidate for the Funded Marketplace Trader Program in no way guarantees Customer’s acceptance into the Funded Marketplace Trader Program. The Provider is not responsible for the Customer being rejected by the Funded Marketplace Trader Program for any or no reason.

8. FUNDED MARKETPLACE TRADER

8.1 If the Customer is successful in both the Challenge and Verification, the Customer may be offered a contract by the company, in its sole discretion, to participate in the Funded Marketplace Trader Program. The terms, conditions, and agreement between the Customer and the company are strictly between the Customer and the company.

9. USE OF THE WEBSITE, SERVICES, AND OTHER CONTENT

9.1 The Website and all Services, including the Client Section, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of the Provider or the Provider’s licensors. The Provider grants you limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of the Provider or the Provider’s licensors.

9.2 All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors, and the Provider does not grant you any authorization to use them.

9.3 Both the Customer and the Provider undertake to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party. The Customer and the Provider will resolve any possible disagreements or disputes between them in accordance with these GTCs and the applicable law.

9.4 Except for the rights expressly set out in these GTCs, the Provider does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these GTCs.

9.5 When accessing the Services and other Content, the following is prohibited:

• 9.5.1 To use any tools that may adversely affect the operation of the Website and Services or that would be intended to take advantage of errors, bugs, or other deficiencies of the Website and Services.
• 9.5.2 To circumvent geographical restrictions of availability or any other technical restrictions.
• 9.5.3 To make copies or back-ups of the Website and other Content.
• 9.5.4 To reverse-engineer, decompile, disassemble, or otherwise modify the Website’s other Content.
• 9.5.5 To sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted.
• 9.5.6 To use automated means to view, display, or collect information available through the Website or Services.
• 9.5.7 To use any other tools or means the use of which could cause any damage to the Provider.

9.6 The provisions of clause 9 are not intended to deprive the Customer of the Customer’s consumer rights which cannot be excluded by law.

10. DISCLAIMER

10.1 YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS, AND SHORTCOMINGS, AND THAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LAWS, THE PROVIDER DISCLAIMS ANY STATUTORY, CONTRACTUAL, EXPRESS, AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.

10.2 TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAWS, THE PROVIDER IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY HARM OR PROPERTY DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION, OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE WEBSITE. THE PROVIDER IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT THE CUSTOMER USES IN CONNECTION WITH THE SERVICES. IN CASE THE PROVIDER’S LIABILITY IS INFERRED IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR PROVISION OF THE SERVICES BY A COURT OF JUSTICE OR ANY OTHER COMPETENT AUTHORITY, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE SERVICES IN CONNECTION WITH WHICH THE CUSTOMER HAS INCURRED THE LOSS.

10.3 The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.

10.4 The Provider is not responsible for its failure to provide the purchased Services if that failure occurs due to serious technical or operational reasons beyond the Provider’s control, in the case of any crisis or imminent crisis, natural disaster, war, insurrection, pandemic, a threat to a large number of people or other force majeure events, and/or if the Provider is prevented from providing the Services as a result of any obligations imposed by law or a decision of a public authority.

10.5 The provisions of Clause 10 are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.

11. VIOLATION OF THE GTC

IF THE CUSTOMER VIOLATES ANY PROVISION OF THESE GTC IN A MANNER THAT MAY CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE CUSTOMER ACCESSES THE SERVICES IN CONFLICT WITH CLAUSE 1.3 OR 1.4, IF THE CUSTOMER PROVIDES INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN CONFLICT WITH CLAUSE 2.3, IF THE CUSTOMER ACTS IN A MANNER THAT MAY DAMAGE THE PROVIDER’S GOOD REPUTATION, IF THE CUSTOMER VIOLATES THE SIMULATED TRADING RULES PURSUANT TO CLAUSE 5.4, IF THE CUSTOMER ACTS IN CONFLICT WITH CLAUSE 8.3, AND/OR IF THE CUSTOMER PERFORMS ANY OF THE ACTIVITIES REFERRED TO IN CLAUSE 8.5, THE PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING ANY OTHER SERVICES AND COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S ACCESS TO ALL OR ONLY SOME SERVICES, INCLUDING ACCESS TO THE CLIENT SECTION AND TRADING PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.

12. COMMUNICATION

12.1 You acknowledge that all communication from the Provider or its partners in connection with the provision of Services will take place through the Client Section or your e-mail address, which you register with us. Written electronic communication by e-mail or through the Client Section is also considered to be written communication.

13. DEFINITIONS

In this General Terms and Conditions (“GTC”), unless the context otherwise requires, the following words and expressions shall have the following meanings:

13.1 “Affiliate” means any entity that, directly or indirectly, controls, is controlled by, or is under common control with another entity.

13.2 “Challenge” or “Funded Marketplace Challenge” refers to the initial simulated trading activity that Customers must complete successfully to qualify for the Verification process.

13.3 “Client Section” refers to the restricted area of the Website accessible by registered Customers using their login credentials, where they can manage their account, access Services, and perform related activities.

13.4 “Content” means all multimedia elements such as texts, drawings, graphics, design, icons, images, audio, video samples, and any other content forming part of the Website and Services.

13.5 “Customer” or “you” or “your” refers to any individual or entity who registers on the Website and/or utilizes the Services provided by the Provider.

13.6 “Initial Capital” refers to the fictitious funds allocated to the Customer for simulated trading during the Challenge or Verification.

13.7 “Provider” or “we” or “our” refers to Funded Marketplace (Pty) Ltd, a company registered in South Africa with company number 2024/362065/07, whose registered office is at No. 4 Canal Close, Century Falls, Century City, Western Cape.

13.8 “Prohibited Trading Practices” refers to any trading activities that are forbidden as per Clause 6 of this GTC, including but not limited to exploiting errors, performing trades using external or slow data feeds, and using high-speed or mass data entry tools.

13.9 “Restricted Jurisdictions” refers to countries where the Provider has determined that the Services are not available and/or where Customers are prohibited from using the Services, as published on the Website.

13.10 “Services” means the tools and resources provided by the Provider, including but not limited to simulated trading in financial instruments, analytical tools, educational resources, access to the Client Section, and any other related services offered through the Website.

13.11 “Trading Platform” refers to the software application(s) provided by the Provider or third parties that allow Customers to conduct simulated trades as part of the Challenge and Verification.

13.12 “Verification” refers to the subsequent simulated trading activity that Customers must complete successfully after the Challenge to be recommended as a candidate for the Funded Marketplace Trader Program.

13.13 “Website” means the online platform accessible through www.fundedmarketplace.com, where the Services are offered to Customers.

Funded Marketplace – Showcase your Trading Skills

A post from Funded Marketplace on Funded Marketplace provided by: https://fundedmarketplace.com