TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
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1. WHO WE ARE AND HOW TO CONTACT US
1.1. https://masterfunders.com is a site (“Website”) operated by MASTERFUNDERS LTD, a limited liability company incorporated and registered in the Republic of Cyprus under company number HE459575 and having its business address at Anexartisias 187, Limassol 3040, Cyprus. ( “we”, “our”, or the “Provider”).
1.2. To contact us, please email to support@masterfunders.com
1.3. By using the Website and/or registering for an account, you (“User”) confirm that you read, understood and accepted all information, terms and conditions set out on this document (“Terms”), that you agree to comply with them and the rights and obligations in connection with the use of the services provided by the Provider (“Services”). If you do not agree to these terms, you must not use the Website.
1.4. These Terms refer to the following additional terms, which also apply to your use of the Website and the Services:
Our Privacy Policy. See further under How we may use your personal information
Our Cookie Policy, which sets out information about the cookies on the Website.
1.5. The Provider reserves the right to suspend, replace, modify, amend, or terminate these Terms at any time and within its sole and absolute discretion. In the event the Provider replaces, modifies, or amends these Terms, your continued use of the Services after a change will constitute your agreement to any replacement, modification, or amendment to these Terms.
1.6. 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.
1.7. In case the Provider is deemed, for any reason, to provide any recommendation and/or advice, the User hereby agrees that any action and/or transaction effected either by adopting or ignoring any such recommendation and/or advice shall be deemed to have been affected by the User relying exclusively on his own judgement and the Provider shall have no responsibility.
1.8. The User acknowledges that no representations were made to him/her by or on behalf of the Provider, which have in any way incited or persuaded him to make use of the Services.
2. GENERAL TERMS OF USE
2.1. The Provider agrees to provide to the User its Services subject to the User:
2.1.1. Being over 18 years old and of legal competence and sound mind,
2.1.2. Not residing in any country where the provision of the Services would be contrary to local law or regulation. It is the User’s responsibility to ascertain the Terms and comply with any local law or regulation to which she/he is subject to. Subject to this, the Provider reserves the right, acting reasonably, to suspend or refuse access to and use of the Services at its sole and absolute discretion.
2.1.3. The Services consist of the provision of tools for simulated foreign exchange trading on the FOREX market or simulated trading with other instruments on other financial markets, provision of analytical tools, training and educational materials, the access to the User Account, and other ancillary services, in particular through the User Account or by the provision of access to applications provided by the Provider or third parties. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.
2.2. How you may use material on the Website
(a) The User does not have the right, without the prior written approval of the Company, to publish in closed and/or open communication channels, transfer and/or resell to any third party the data and results of all the Services received from the Company.
(b) The User shall not reproduce, repeat, copy, sell, or use for any purpose the information and materials that became available to the User due to the provision of the Services, except for doing so for personal use. Any transfer of information or unauthorized publication or account access transfer is forbidden. In case of the violation by the User of the conditions of Terms of Service, the Company has the full right to refuse further provision of the Services to the User.
(c) The User shall be solely responsible for relying on such information and any action or transaction shall be deemed to have been affected exclusively by the User’s own decision. The User agrees and acknowledges that he/she shall be exclusively responsible for any action, strategy or transaction, and he/she shall not rely on the Company for this purpose and the Company shall have no responsibility whatsoever, irrespective of any circumstances, for any such action or strategy or transaction.
(d) We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(e) Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on the Website is accurate, complete or up to date.
(f) The User should verify the accuracy and reliability of the information on the Website and its appropriateness in comparison with other dependable information sources. The Company will not be held responsible for any allegedly caused claim, cost, loss or damage of any kind as a result of information offered on the Website or due to information sources used by the Website.
(g) Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
(h) Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
(i) You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
3. USER WARRANTIES
3.1. The User represents and warrants to the Company that:
(a) the User warrants that the information provided on registration of an Account on the Website is up-to-date and accurate;
(b) the User has carefully read and has fully comprehended the entire contents of this Agreement, with which he absolutely and unreservedly agrees, and the User accepts that he/she shall be fully bound by its terms and conditions;
(c) the User has the authority to enter into Terms and to execute the provisions thereof;
(d) the User is not under any legal disability with respect to, and is not subject to, any law or regulation which prevents his/her performance of these Terms;
(e) the User acts as principal and not as an authorized representative / attorney or trustee of any third party;
(f) the User certifies that he has provided accurate, complete and true information about him/herself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in closure of the User account;
(g) the User confirms that he is of legal competence and/or of sound mind; and
(h) will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Website and the materials (including, without limitation, all export control laws, regulations, and orders).
4. REGISTRATION ON THE WEBSITE
4.1. When registering for an Account with the Company, the User provides his/her personal data and verifies their email address. We may not be able to proceed to offer our Services and the User may be unable to proceed with his/her account registration unless this necessary information is provided.
4.2. The User agrees and accepts that upon registering an Account, the Company reserves the right to request supporting verification documents is such information is required either due to legal and/or regulatory obligations that the Company may have or if such information is necessary so as the Company may efficiently offer its services to the User. In case the User fails to provide the requested information within the specified timeframe, the Company shall be entitled to terminate this Agreement and immediately close and/or suspend the Account.
4.3. Registration of a new Account is possible only if the email address was not used earlier when registering on the Website.
4.4. Unless you prove otherwise, any actions taken from your Account on the Website are considered to be committed directly by you.
4.5. You may not register as a user on behalf of another person (“fake account”) or use third-party accounts on the Website.
4.6. 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.
5. SERVICES AND THEIR ORDER
5.1. The Services include, among other things, MasterFunders Challenge, and Qualifying Phase products; these products may differ in the scope of the Services provided (e.g., by analytical tools available to the User).
5.2. The fee for the MasterFunders Challenge varies according to the option selected and depends on the amount of the initial capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the MasterFunders Challenge and the subsequent Qualifying Phase are met, and possibly other configurations. More detailed information on individual options and fees for those options are provided on our Website here. The final fee will be determined based on the option you select when completing the form for ordering the MasterFunders 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.
5.3. The fee is paid for allowing you to access the MasterFunders Challenge, or the Services provided under the MasterFunders Challenge. The User is not entitled to a refund of the fee, for example, if the User cancels the User’s Section or requests the cancellation by e-mail, if the User terminates the use of the Services or the contract (for example, fails to complete the MasterFunders Challenge or the Qualifying Phase), fails to meet the conditions of the MasterFunders Challenge or the Qualifying Phase, or violates these GTC.
5.4. If the User lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the User’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 to the User any services and refuse any future provision of any services.
5.5. Your choice of the option of the MasterFunders Challenge that you select when making an order shall also apply to the subsequent Qualifying Phase. You will start the subsequent Qualifying Phase and, possibly, other products related thereto, with the parameters and the same currency that correspond to the option of the MasterFunders Challenge selected by you. Once you make a selection, it is not possible to change it. The restrictions of this clause shall not apply in case you are ordering a new MasterFunders Challenge.
5.6. 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.
5.7. Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the order form. The Provider will within reasonable time confirm the receipt of your order to your e-mail address. In the case of the MasterFunders Challenge, the order is completed upon the payment of the fee for the selected option (more on this in clause 5.7), whereby the contract between you and the Provider is executed, the subject of which is the provision of the MasterFunders Challenge and, if the conditions of the MasterFunders Challenge are met, the Qualifying Phase. The contract is concluded in English. We archive the contract in electronic form and do not allow access to it.
5.8. 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.
5.9. If the User places an unusually large number of orders for the Services within an unreasonably short period of time, the Provider may notify the User through the User Account as a protective precaution to mitigate potentially harmful behavior of the User. If such unreasonable behavior continuous after such notice, we reserve the right to suspend any further orders of the Services by the User.. If the Provider in its sole discretion identifies that the unusual behavior as per this paragraph relates to the User’s involvement in Forbidden Trading Practices, the Provider may take respective actions as perceived of these Terms, including but not limited to restricting access to the User to the User’s account The Provider reserves the right to determine, at its own discretion, the nature of the behaviour described above and reasonable boundaries for such determination.
6. PAYMENT TERMS
6.1. The amounts of fees for the MasterFunders Challenge options are in the currencies made available via the Website and/or User’s Account. If you select any other currency than the designated currency in the User account, the amount of the fee for the selected option of the MasterFunders Challenge shall be converted by our rates and it will automatically display your payment total in your chosen currency, so you know how much you are paying before you confirm the order. The User acknowledges that if the payment is made in a currency other than the one the User has chosen on the Website, the amount will be converted according to the current exchange rates valid at the time of payment.
6.2. Service charges are inclusive of all taxes. If the User 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 tax or other fees properly.
6.3. The User can pay the fee for the selected option of the MasterFunders Challenge by a payment card, via a bank transfer, or using other means of payment that the Provider currently offers on the Website.
6.4. 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 MasterFunders 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. User bears all fees charged to User by the selected payment service provider (according to the valid pricelist of the payment service provider) in connection with the transaction and the User is obliged to ensure that the respective fee for the selected MasterFunders Challenge is paid in full.
7. USER ACCOUNT AND TRADING PLATFORM
7.1. Only one User Account is permitted per User and all of the User’s Services must be maintained in the User Account.
7.2. The total number of MasterFunders Challenges and Qualifying Phases per one User Account may be limited depending on the total sum of the initial capital amounts of the products ordered by the User or on the basis of other parameters, for more information always check the FAQ. Unless the Provider grants an exception to the User, 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.
7.3. Access to the User Account and Trading Platform is protected by login data, which the User may not make available or share with any third party. If the User has registered as a legal entity, the User may allow the use of the Services through the User’s User Account to the authorized employees and representatives. The User is responsible for all activities that are performed through the User’s User Account or Trading Platform. The Provider bears no responsibility, and the User is not entitled to any compensation, for any misuse of the User Account, Trading Platform, or any part of the Services, nor is the Provider responsible for any negative consequences thereof for the User, if such misuse occurs for any reasons on the part of the User.
7.4. The User 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 User is not entitled to any compensation, for the unavailability of the User Account or Trading Platform and for damage or loss of any data or other content that User uploads, transfers or saves through the User Account or Trading Platform.
7.5. The User may at any time request the cancellation of the User Account by sending an e-mail to support@masterfunders.com. Sending a request for the cancellation of the User Account is considered as a request for termination of the contract by the User, with the User being no longer entitled to use the Services, including the User Account and Trading Platform. The Provider will immediately confirm the receipt of the request to the User by e-mail, whereby the contractual relationship between the User and the Provider will be terminated. In such a case, the User is not entitled to any refund of the fees already paid or costs otherwise incurred.
8.RULES OF DEMO PRACTICE TRADING
8.1. During the demo practice trading on the Platform, you may perform any transactions, unless these constitute forbidden trading strategies or practices within the meaning of clause 8.4. 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.
8.2. You acknowledge that the Provider has access to information about the demo 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 demo trading. You acknowledge that you may suspend your demo trading on the Trading Platform at any time.
8.3. 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 User Account.
8.4. FORBIDDEN PRACTICES.
8.4.1. DURING THE DEMO TRADING, IT IS PROHIBITED TO:
(a) It is prohibited to perform any sort of Gap Trading, Server Spamming, Front Running, High-Frequency Trading, Arbitrage or Straddling strategies, or any other approach which exploit errors in the service such as errors in the display of prices or delays in their update, or any approach which gives the trader an unfair advantage.
(b) It is prohibited to perform trades in contradiction with how trading should be performed in the financial markets in a way which causes MasterFunders harm, for example, scalping, latency arbitrage, revenge trading, over-leveraging, over exposure, one-sided bets, account rolling etc.
(c) It is prohibited to hedge across accounts, for example, purchasing two accounts and hedging between them.
(d) It is prohibited to use any 3rd party account management or challenge passing services.
(e) It is prohibited to collaborate with other traders in any way. For example, simultaneously entering opposite positions on different accounts, or multiple traders placing the same trades.
(f) It is prohibited to demonstrate, Gambling or all-or-nothing behavior. Decisions will be made at our discretion.
(g) It is prohibited to exploit platform issues or errors as well as other technical problems in order to profit from conditions that don’t simulate normal market conditions.
(h) After achieving funded status, traders must continue to use the same strategy when funded as during the Challenge. A change of trading strategy may include but is not limited to;
i. Significant change in average trade sizing when funded vs in MasterFunders Challenge.
ii. Significant change in instruments traded when funded vs in MasterFunders Challenge.
iii. Significant change in trade frequency/quantity/duration when funded vs in MasterFunders Challenge.
8.4.2. As our User, you should understand and agree that all our Services are for User’s personal use only, meaning that only you personally can access your MasterFunders Challenge and Qualifying Phase accounts and perform trades. For that reason, you should not, and you agree not to,
(a) allow access to and trading on your MasterFunders Challenge and Qualifying Phase accounts by any third party nor you shall 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;
(b) access any third-party MasterFunders Challenge and Qualifying Phase 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 MasterFunders Challenge and Qualifying Phase accounts on behalf of another user, all whether performed as a professional or otherwise.
Please note that if you act or behave in contradiction with the aforesaid, we will consider such action/behavior as a Forbidden Trading Practice under Section 5.4. with respective consequences as perceived under this GTC.
8.4.3. Furthermore, User 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 (i) opening substantially larger position sizes compared to User’s other trades, whether on this or any other User’s account, or (ii) opening substantially smaller or larger number of positions compared to User’s other trades, whether on this or any other User’s account.
The Provider reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Forbidden Trading Practices.
8.5. If the User engages in any of the Forbidden Trading Practices described in clause 8.4, (i) the Provider may consider it as a failure to meet the conditions of the particular MasterFunders Challenge or Qualifying Phase, (ii) the Provider may remove the transactions that violate the prohibition from the User’s trading history and/or not count their results in the profits and/or losses achieved by the demo trading, (iii) to immediately cancel all Services provided to the User and subsequently terminate this contract, or (iv) reduce the offered trading exposure and risk limitations on any or all User’s accounts.
8.6. In case when some or all Forbidden Trading Practices are executed on one or more MasterFunders Challenge and User Account, or accounts of various Users, or by combining trading through MasterFunders Challenge and User Account(s), then the Provider is entitled to cancel all Services and terminate all respective contracts related to any and all User’s MasterFunders Challenge and Qualifying Phase accounts and/or apply other measures in Clause 8.5. The Provider may exercise any and all actions in Clauses 8.5 and 8.6 at its own discretion.
8.7. If any MasterTrader accounts were used for or were involved in the Forbidden Trading Practices, this may and will constitute a breach of respective terms and conditions for MasterTrader account with third-party provider and may result in cancellation of all such user accounts and termination of respective agreements by the third-party provider.
8.8. If the User engages in any of the practices described in these Terms repeatedly, and the Provider has previously notified the User thereof, the Provider may prevent the User from accessing all Services or their parts, including access to the User Account and Trading Platform, without any compensation. In such a case, the User is not entitled to a refund of the fees paid.
8.9. The Provider does not bear any responsibility for trading or other investment activities performed by the User outside the relationship with the Provider, for example by using data or other information from the User Account, Platform, or otherwise related to the Services in real trading on financial markets, not even if the User uses for such trading the same Trading Platform that the User uses for demo trading.
8.10. 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 USER’S DEMO TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.
9. MASTERFUNDERS CHALLENGE AND QUALIFYING PHASE
9.1. After paying the fee for the selected option of the MasterFunders Challenge, the User will receive the relevant login data for the Trading Platform at the e-mail address provided by the User or in the User Account. The User activates the MasterFunders Challenge on successful payment and purchase of the MasterTrader Challenge. YOU ACKNOWLEDGE THAT, BY SUCCESSFULLY COMPLETING THE MASTERFUNDERS CHALLENGE PURCHASE, YOU EXPRESSLY DEMAND THE PROVIDER TO PROVIDE COMPLETE SERVICES. IF YOU ARE A CONSUMER, IT MEANS THE COMPLETION OF SERVICES BEFORE THE EXPIRY OF THE PERIOD FOR WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO WITHDRAW FROM THE CONTRACT. If 30 calendar days pass since the last closed trade or since the purchase of the MasterFunders Challenge and no trade took place, MasterFunders reserve the right but not the obligation to terminate and/or suspend the MasterFunderChallenge.
9.2. In order for the User to meet the conditions of the MasterFunders Challenge, the User must fulfill all of the parameters the same time. These parameters are explained in more detail here on the Website.
9.3. If the User has met the conditions of the MasterFunders Challenge specified in clause 9.2, and at the same time has not violated these Terms, in particular the rules of demo trading, the Provider will evaluate the MasterFunders Challenge as successful and will provide further instructions to the User via e-mail or via the User Account.
9.4. The Qualifying Phase is activated after MasterFunders approves the successful completion of the MasterFunders Challenge. If 30 calendar days or more pass, since this approval or User’s last closed trade, then the Qualifying Phase will be terminated and/or suspended.
9.5. In order for the User to meet the conditions of the Qualifying Phase, the User must fulfil all of the parameters the same time. These parameters are explained in more detail here on the Website.
9.6. If the User has met the conditions of the Qualifying Phase specified in clause 9.5, and at the same time has not violated these Terms, in particular the rules of demo trading, the Provider will evaluate the Qualifying Phase as successful and will provide further instructions to the User via e-mail or via the User Account.
9.7. Besides meeting all the above, the User should comply with the following at all times: The cumulative maximum total amount of initial account balances of all active Challenges in all steps, MasterFunders Challenge, Qualifying Phase and MasterTrader program, should never exceed USD 400,000.
9.8. If the above conditions are met, the Provider will evaluate the Qualifying Phase as successful and will recommend the User as a candidate for MasterTrader program. The Provider does not have to evaluate the Qualifying Phase if the User has not closed all transactions.
9.9. If during the MasterFunders Challenge the User does not comply with some of the conditions specified in clause 9.2., 9.3. or 9.7., the MasterFunders Challenge will be evaluated as unsuccessful, and the User will not be allowed access to the subsequent Qualifying Phase. If during the Qualifying Phase the User does not comply with any of the conditions specified in clause 9.5., 9.6. or 9.7., the Qualifying Phase will be evaluated as unsuccessful, and the User will not be recommended as a candidate for the MasterTrader program. In such cases, the User’s account and Services will be cancelled without refund of fees already paid.
9.10. Provider recommending User as a candidate for the MasterTrader program in no way guarantees User’s acceptance into the MasterTrader program. The Provider is not responsible for User being rejected by the MasterTrader program for any or no reason.
9.11. If the User is successful in both the Challenge and Qualifying Phase, the User may be offered a contract by a third-party company, in its sole discretion to participate in the MasterTrader program. The terms, conditions, and agreement between the User and a third-party company are strictly between the User and the third-party company. MasterFunders LTD is in no way involved with the MasterTrader program agreement—or lack thereof—executed between the third-party company and the User. The User acknowledges their personal data may be shared with a third party company for purposes of considering offering such a contract.
10. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
10.1. All Website users shall not:
(a) transmit, post, distribute, store or destroy material, content or user submitted content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy.
(b) take any action that imposes an unreasonable or disproportionately large load on our Website’s infrastructure;
(c) use any device to navigate or search the Website other than the tools available on the Website or generally available third-party web browsers;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of the Website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of the Website;
(h) aggregate, copy or duplicate in any manner any of the content or information available from the Website, other than as permitted by these Terms;
(i) frame or link to any content or information available on the Website, unless permitted by these Terms;
(j) send unsolicited mail or email, make unsolicited phone calls or otherwise send unsolicited communication in writing or other permanent form, promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted;
(k) attempt to interfere with the provision of our services to any, some or all users, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(l) use the Website for any unlawful purpose or any illegal activity, or post or submit any content, posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind.
10.2. Violations of the Website’s system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users and or persons or legal entities or organizations who are involved in such violations.
11. DISCLAIMER
11.1. 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 NONINFRINGEMENT OF ANY RIGHTS.
11.2. 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 THIRDPARTY CONTENT THAT THE USER 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 USER FOR THE SERVICES IN CONNECTION WITH WHICH THE USER HAS INCURRED THE LOSS.
11.3. 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.
11.4. 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.
11.5. The provisions of Clause 11 are not intended to deprive the User of the User’s consumer or other rights that cannot be excluded by law.
12. VIOLATION OF THE TERMS
IF THE USER VIOLATES ANY PROVISION OF THESE GTC IN A MANNER THAT MAY CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE USER ACCESSES THE SERVICES IN CONFLICT WITH THESE TERMS, IF THE USER PROVIDES INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN CONFLICT WITH THE USER’S OBLIGATIONS UNDER THESE TERMS, IF THE USER ACTS IN A MANNER THAT MAY DAMAGE THE PROVIDER’S GOOD REPUTATION, IF THE USER VIOLATES THE DEMO TRADING RULES PURSUANT AND/OR IF THE, THE PROVIDER MAY PREVENT THE USER FROM ORDERING ANY OTHER SERVICES AND COMPLETELY OR PARTIALLY RESTRICT THE USER’S ACCESS TO ALL OR ONLY SOME SERVICES, INCLUDING ACCESS TO THE USER ACCOUNT AND TRADING PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.
13. CONTACT US
13.1. You acknowledge that all communication from the Provider or its partners in connection with the provision of Services will take place through the User Account or your e-mail address, which you register with us. Written electronic communication by e-mail or through the User Account is also considered to be written communication.
13.2. Our contact e-mail address is support@masterfunders.com.
14. RIGHT TO WITHDRAW FROM A CONTRACT
14.1. If you are a consumer, you have the right to withdraw from a contract without giving a reason within 14 days of its execution. PLEASE NOTE THAT IF YOU START PERFORMING DEMO TRADES BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE CONTRACT.
14.2. Your withdrawal from the contract must be sent to our e-mail address support@masterfunders.com within the specified time limit. You can use the template form available here to We will confirm the receipt of the form to you in text form without undue delay. If you withdraw from the contract, we will refund you without undue delay (no later than 14 days after your withdrawal from the contract) all fees we have received from you, in the same way in which you paid them.
14.3. The Provider is entitled to withdraw from the contract in the case of any breach by the User specified in these Terms. The withdrawal has effect from the day of its delivery to the e-mail address of the User or through the User Account.
15. DESTRUCTIVE FEATURES
(a) We are not responsible for viruses, and you must not introduce them. We do not guarantee that the Website will be secure or free from bugs or viruses.
(b) You are responsible for configuring your information technology and computer programs to access the Website. You should use your own virus protection software.
(c) Whilst we use reasonable endeavors to protect this Website from computer viruses, worms, trojan horses and similar detrimental code (hereinafter referred to as the “Destructive Features”), we do not warrant that the Website is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Website or via any files which are available for you to download from the Website.
16. USER SUBMISSIONS
16.1. In the event that you post or upload any content to the Website (“User Content”), you understand and agree to the following terms:
(a) You hereby grant to THE PROVIDER a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.
(b) THE PROVIDER shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.
(c) In the event you upload or otherwise transmit to PROVIDER any concepts, ideas, or feedback relating to PROVIDER’s products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and PROVIDER, and PROVIDER may freely use any such submission in any manner it deems appropriate.
(d) Any such submission by you shall not create any contractual relationship between you and PROVIDER. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world.
(e) You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. PROVIDER may remove any User Content and any related content or elements from the Website at its sole discretion.
17. RULES ABOUT LINKING TO THE WEBSITE
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link to the Website in any website that is not owned by you.
(d) The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
(e) We reserve the right to withdraw linking permission without notice.
(f) If you wish to link to or make any use of content on the Website other than that set out above, please contact us to at info@masterfunders.com
18. COPYRIGHT AND REPRODUCTION
(a) Except as is otherwise indicated and except for user submitted content, we are the owner and/or licensee of the copyright in all the content featured on this Website and of all related intellectual property rights, including but not limited to all database rights, trade marks, copyrighted material and logos.
(b) Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(c) You are not permitted (except where you have been given express permission to do so) to adapt or modify the content on this Website or any part of it and the content or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain.
(d) Subject to the terms and conditions of this Agreement, Provider grants you a non-exclusive, non-transferable license, to access and use this Website for your personal use only. Such license is subject to this Agreement and does not include: (a) any commercial use of the Website or the any materials therein; (b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any materials; (c) modifying or otherwise making any derivative uses of the Website or the materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Website, the materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the materials other than for their intended purposes. Any use of the Website or the materials other than as specifically authorized herein, without the prior written permission of Provider, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Provider may revoke this license at any time.
19. DURATION OF THE AGREEMENT
19.1. This Agreement shall take effect upon its acceptance by the User, which is signified by the opening of the Account.
19.2. This Agreement shall be valid for an indefinite period, unless terminated in accordance with paragraph below.
20. CONFIDENTIALITY
20.1. The Parties agree to keep confidential and not to disclose to any third party any confidential information given by the other Party under this Agreement, including without limitation all the communication, documentation or other information exchanged between them, both during the term of the Agreement and after its termination.
20.2. The Provider has the right, without prior notice to the User, to disclose personal data or details of the transactions of the User in order to comply with the requirements of the regulatory authorities in the Republic of Cyprus or abroad. The Provider may also disclose such information to its auditors/consultants, provided that they are informed and committed to the confidentiality of the information communicated.
20.3. The Provider will handle all User’s personal data according to the provisions of its Privacy Policy and the provisions of the GDPR and all applicable laws and regulations for the protection of personal data, as this may be amended from time to time.
21. LIMITATION OF LIABILITY AND INDEMNITY
21.1. The User shall indemnify and keep indemnified the Provider and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Provider or any other third party in respect to any act or omission by the User in the performance of his obligations under these Terms and in settlement of any claims with the Provider, unless such liabilities result from gross negligence, willful default or fraud by the Provider. This indemnity shall survive termination of these Terms.
21.2. To the extent permitted by applicable law, the Provider shall not be liable for any loss, expense, cost or liability incurred by the User in relation to these Terms, unless such loss, expense, cost or liability is resulted from gross negligence, willful default or fraud by the Provider. Notwithstanding the provisions of the paragraph above, the Provider shall have no liability to the User whether in these Terms, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with these Terms.
21.3. The Provider shall not be liable for any loss which is the result of misrepresentation of facts, an error in judgment or any act done or which the Provider has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Provider.
22. SEVERABILITY
If these Terms or any part of them is found to be illegal, invalid or otherwise unenforceable under the laws of any country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that country.
23. COMPLAINTS
The User shall contract the Company in writing in respect to any complaints about the Services provided by the Company under this Agreement through the email: support@masterfunders.com
24. EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
25. ASSIGNMENT
25.1. The Terms constitute an agreement and shall be personal to the User, and the User shall not be entitled to assign or transfer any of his/her rights or obligations under this agreement.
25.2. The Provider may at any time assign or transfer any of its rights or obligations under this agreement to a third party. The Provider shall notify the User of any such assignment.
26. GOVERNING LAW
These Terms are subject to Cyprus law and to the exclusive jurisdiction of the Cyprus Courts.
