GENERAL TERMS AND CONDITIONS
These terms and conditions, that may be amended from time to time, govern the rights and obligations in connection with your (“You” or the “User”) use of the services (the “Services”) provided by Spartum Tech Limited, trading under the brand name TradeApp, registered at Arch. Makariou III, 66, Cronos Court, 8TH Floor Office 82, 1070, Nicosia, Cyprus (the “Company”).
These terms and conditions together with any other documentation available on www.tradeapp.com (the “Website”) including but not limited to the Privacy Policy, Cookies Policy and Disclaimer shall constitute the entire agreement between You and the Company (collectively referred to as the “Agreement”) regarding the provision of the Services.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE REGISTERING, PURCHASING OR USING THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS NOR AGREE TO BE BOUND BY THE AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY. BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND DECLARE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT.
DISCLAIMER
THE SERVICES PROVIDED BY THE COMPANY DO NOT CONSTITUTE FINANCIAL, EXCHANGE, INVESTMENT OR CONSULTING SERVICES. THE SERVICES NOR THE WEBSITE SERVE AS SPECIFIC INVESTMENT ADVICE, BUSINESS RECOMMENDATIONS, INVESTMENT OPPORTUNITY ANALYSIS OR GENERAL RECOMMENDATIONS REGARDING THE TRADING OF INVESTMENT INSTRUMENTS. THE PLATFORM DISPLAYED ON THE WEBSITE IS FOR DEMONSTRATION PURPOSES ONLY, SIMULATING REAL-WORLD MARKET CONDITIONS AS AN EDUCATIONAL TOOL. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT DEPOSITNG AND WITHDRAWING FUNDS IS NOT POSSIBLE.
DEFINITIONS
For the purpose of the Agreement, the definitions below shall have the following meanings:
“Account” means an account you have registered to open in the Platform to be used as part of the provision of the Services to You in order to participate in a Challenge and/or the Participation Program.
“Platform” means an electronic interface provided by a third-party technology provider to the Company to allow the provision of the Services to You.
“Prohibited Account Practices” means certain acts or practises which are strictly prohibited while using the Services and as detailed further in clause 8.
“Services” means the services provided by the Company to You as set out in clause 2.1.
“Schedules” means any schedule as applicable which are an integral part of these terms and conditions and shall fall within the definition of the Agreement.
“Simulated Trading Data” means any and all information and data that You generate while using the Services.
“Website” means the website www.tradeapp.com.
2. INTRODUCTION
The Services consist of access to a platform and tools required for simulated real-world marketing conditions for your participation in a Challenge and/or the Participation Program. You acknowledge that any activity you perform on the platform is not real. You acknowledge that any funds provided to You for demonstration purposes are fictitious and you have no right to possess or request withdrawal of those fictitious funds.
The effective date of the Agreement is the date You register on the Website to use the Services.
You must be 18 years of age or older to use the Services.
The Services are not available to You if You are a citizen or resident of a country in the prohibited jurisdiction list at clause 10. The Company reserves the right to refuse, restrict or terminate the provision of the Services to You and You will be prohibited from using the Services including access to the Platform.
You acknowledge that your access to and use of the Services may be restricted or prohibited by the laws in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
3. ACCOUNT REGISTRATION
To access and use the Services, You must have an Account. When creating an Account, You agree to provide accurate, up-to-date and complete information as prompted by the registration form during the registration process through the Website. This will include but is not limited to your full name, email address, date of birth and a unique password. You are responsible for keeping this information up-to-date to ensure proper communication with the Company and access to your Account. Only one Account per person is permitted.
You acknowledge that if You provide an identification number, tax registration number or other similar information during the registration process or within your Account, or, if You state that You are a legal entity, you will be considered as an entrepreneur (i.e. non-consumer) for the purposes of the Agreement and when using the Services. The provisions of the Agreement (such as but not limited to clause 10) or the applicable laws that otherwise grant rights to consumers will therefore not apply to You.
You will receive an e-mail after Your registration with login details for access to Your Account to the Platform. You are responsible for maintaining the confidentiality of your password and any other access credentials. All logins are individualized and may only be used by You. You agree not to share, disclose, or otherwise make your password or account credentials available to any third party.
You are solely responsible for all activities that occur under your Account, whether or not authorised by You. If you suspect any unauthorised use or misuse of your Account, you must notify us immediately. The Company shall not be responsible, and You shall not be entitled to any compensation for any misuse of the Account or any part of the Services.
You may request the deletion or closure of your Account at any time and will be considered as a request for termination of the Agreement in line with clause 11, in which case You will no longer be entitled to access Your Account or to the Services.
The Company reserves the right to refuse registration, suspend, or terminate your Account at its sole discretion, without prior notice, for any reason including but not limited to violation of the Agreement by providing false or misleading information. If your Account is terminated, You may not be eligible to create a new Account or access the Services without the Company’s prior written consent.
4. PROVISION OF THE SERVICES
The Services consist of access to a Platform via Your Account for simulated trading for participation in Challenges and the Participation Program, subject to terms and conditions herein and any separate terms and conditions that are made available to You. The Company does not provide You with a brokerage trading account. Any orders You submit are executed in a simulated environment. Financial market information is used for simulated trading. The balance credited to Accounts is not real money. You have no claim on those credits. All orders are executed in a simulated environment using third-party market data. You are therefore not required to cover any loss suffered in Your Account. You acknowledge that the Company is not responsible and does not manage the decisions or actions taken by You.
Available Platform features, such as but not limited to available trading instruments, leverage, and commissions, can be changed at any time without prior notice.
You acknowledge that the Services may not be available 24/7, in particular with regard to maintenance, upgrades or for other reasons. The Company shall not be responsible for You shall not be entitled to any compensation for the unavailability of the Platform or access to the Account and for any damage to or loss of data or other content that You upload, transfer or store on the Platform.
You acknowledge that the owner and operators of the Platform are separate entities from the Company, each with their own terms and conditions and privacy policies. When using their services and/or products, You agree to be bound by their respective terms and policies. Before purchasing any Services of the Company, you are obligated to read those terms and conditions and privacy policies of Platform owner.
5. CHALLENGES
Challenges are educational trading environments. The fee to participate in a Challenge varies according to the type of Challenge You choose. Challenge fees are non-returnable and non-refundable. Once a Challenge is selected, it is not possible to change it.
If You pass a Challenge, You may be enrolled in the Participation Program. To pass a Challenge, You must reach the targets set by the Challenge without breaking any of the Account Rules and complete a minimum of three days of simulated trading.
If you fail a Challenge, you will not be enrolled in the Participation Program. You can purchase one Challenge at a time indefinitely.
The Company has access to monitor Accounts and enforce the Account Rules. If any of the Account Rules are breached, the Company may close any open positions, cancel orders, disable Accounts and will be deemed a failure of a Challenge (or Participation Program). The Company reserves the right to terminate the Agreement in accordance with clause 11.
The Company reserves the right at its sole discretion to unilaterally change the fees and any parameters or conditions of the Challenge or the Services at any time. Any changes made do not affect a Challenge or Services purchased before the change has been made.
6. PARTICIPATION PROGRAM
If a Challenge is passed, subject to the applicable conditions and terms and conditions, You will be provided with a one-time enrolment to the Participation Program. For enrolment to the Participation Program, You must pass the Company’s ID verification process. The Company reserves the right to reject your ID verification and does not need to provide reasoning. The Company may also request Your ID verification on more than one occasion.
Participants to the Participation Program shall perform their activities as independent contractors, not as employees, agents or representatives of the Company.
Participants to the Participation Program are provided with designated Accounts credited with virtual funds.
Participants will be eligible to a performance fee based on the profit generated in the designated Account subject to any separate applicable terms and conditions of the Participation Program.
Participants are solely responsible for providing the Company with an invoice for payment and is responsible for their own income tax obligations and/or social contributions. Performance fees can only be requested if all positions in the Account are closed, and there is at least a 3% profit in the Account. The minimum performance fee that can be processed is 3% of the starting balance. The first performance fee can be requested after three days of activity and thereafter every 14 days.
7. FEES AND PAYMENT TERMS
Fees are paid for allowing you to access the Challenge or the Services provided with the Challenge. You agree that the fee paid for the Services is a non-refundable fee and you are not entitled to any refund, unless you are entitled under the relevant provisions of the consumer law applicable to your jurisdiction, subject to clauses 3.2 and 12 herein.
The applicable fees for the Services are displayed on the Website and shown on the checkout screen based on the chosen Service. Fees can be paid in differing currencies to that displayed but You acknowledge that any conversion rate charges will be borne by You. All fees are due upfront and shall be made by using one of the available payment methods currently on offer and listed on the Website.
In cases of payment of the Fees by bank transfer, we will provide a proforma invoice in electronic format with the Fee corresponding to the Service you have chosen. You undertake to pay the Fee within the time period specified in the proforma invoice.
You bear all fees or charges by the selected payment service provider in connection with the transaction, and You are obliged to ensure that the respective Fee is paid in full.
Where applicable Fees will include any applicable taxes and VAT. You are solely responsible for and obliged to fulfil all Your tax obligations, including but not limited to payment of taxes, in connection with the use of the Services, in accordance with the applicable laws.
The Company reserves the right to change or modify the payment terms, payment methods or the Fees at any time without prior notice.
8. PROHIBITED PRACTICES
During Your use of the Services, you may perform any such activities unless they constitute Prohibited Account Practises or breach of any terms of the Agreement. You also agree to follow good market standard rules and risk management rules. The Company reserves the right to determine, at its sole discretion, if certain trades, practices, strategies or situations qualify as Prohibited Account Practices.
The Company does not tolerate the following:
Any activity including executing trades in violation of the terms and conditions set by the Company or by the third-party technology provider of the Platform;
Using trading strategies knowingly or unknowingly that exploit errors in the Services or the Platform such as incorrect price displays or delays in updates;
Conducting trades using an external or delayed data feed;
Engaging in activities, alone or in collaboration with others including between linked accounts aimed at manipulating trading such as taking simultaneous opposite positions;
Utilising software, artificial intelligence, ultra high speed or mass data entry methods that could manipulate, abuse or unfairly advantage You within the Services;
Conducting gap trading by opening trades during schedule major global news or within two hours before relevant financial market closes for 2 hours or more;
Executing trades or conducting activity in a manner inconsistent with actual trading practices or any other financial market practice, or in a way that raises legitimate concerns that the Company could suffer financial or other harm due to Your activities (for example overleveraging, overexposure, one-sided bets, account rolling).
The Services are intended for Your personal use only. Only You can access your Account. Therefore, you must not:
Allow third parties to access and trade on your Account nor collaborate with any third party to have them perform trades on your behalf;
Access third party Accounts, trade on behalf of others or provide account management or similar services for any other person.
If You engage in any Prohibited Account Activity, the Company reserves the right at its sole discretion to unilaterally:
Immediately cancel the Services and terminate the Agreement including any Accounts that You may have collaborated with;
Remove any offending transactions from your trading history and/or exclude the results from your Account;
Reduce the leverage offered on products or limit any Platform features; and/or
Prohibit You from purchasing any further Services.
9. SIMULATED TRADING DATA
You acknowledge that the Company has access to information about Your activity on the Platform including the Simulated Trading Data.
You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free and fully-paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Simulated Trading Data, and to grant sublicenses of the foregoing rights, solely for including your Simulated Trading Data. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your Simulated Trading Data.
You hereby agree that the license referred to above is provided without any further consent, consultation or approval from You being necessary and that You are not entitled to any remuneration or revenue associated with the Company’s use of the Simulated Trading Data.
The Company is not obligated to back up any Simulated Trading Data. Your Simulated Trading Data may be deleted at any time without prior notice.
THE COMPANY DOES NOT BEAR ANY RESPONSIBILITY FOR ANY TRADING OR INVESTMENT ACTIVITIES INCLUDING IN REAL MARKET ENVIRONMENTS THAT MAY BE PERFORMED BY YOU OUTSIDE THE REMIT OF THE SERVICES AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES SUFFERED AS A RESULT OF YOU USING THE SIMULATED TRADING DATA.
10. PROHIBITED JURISDICTION LIST
The Company reserves the right and is entitled at any time and upon its sole discretion to restrict the offering of the Services to certain jurisdictions and consider them as prohibited jurisdictions with the meaning given to them by this clause, even if not included in the list below..
You confirm that you are not located in any Prohibited Jurisdiction as listed below. The Company reserves the right to request any additional information which the Company deems necessary in order to verify compliance with this paragraph.
The Company does not accept registrations from nor provide the Services to persons from the following jurisdictions: Belgium, Bulgaria, Burkina Faso, Cameroon, Croatia, Cyprus, Democratic Republic of the Congo, Haiti, Kenya, Mali, Monaco, Mozambique, Namibia, Nigeria, Philippines, Senegal, South Africa, South Sudan, Syria, Tanzania, United States of America, Venezuela, Vietnam, Yemen.
This list may be updated by the Company from time to time. You shall visit these terms and conditions periodically to ensure that they are kept up-to date.
11. TERM AND TERMINATION
The term of this Agreement will begin when You register for the Service on the Website and will continue until either the Company terminates Your access to the Services or You stop using the Service.
Notwithstanding this clause, the Company reserves the right to immediately terminate the Services at its sole and absolute discretion and without prior notice when the provision of the Services would affect the ability of the Company to adhere to its legal obligations or orders or decisions of a governmental or authoritative bodies.
Either party may terminate the Agreement without cause with a prior written notice of 7 (seven) days
12. COOLING-OFF PERIOD
Notwithstanding clause 14, if You are a consumer, you have the right to withdraw from this contract without reason within 14 (fourteen) days of the day after the effective date. You must notify us by e-mail as found on the Website within the specified time limit. If you withdraw from this contract, we will refund you any fees received from You back to source, without unreasonable delay.
You lose the right to withdraw from this contract and this clause does not apply to You if You have performed any activity on the Platform before the expiry of the 14 (fourteen) day period mentioned above.
13. CHANGES
- The Company may modify or amend these terms and conditions and the Agreement upon providing 7 (seven) days’ notice to You through the Website, Platform or by email. Your continued use of the Services after the Agreement changes become effective constitutes Your acceptance unless you explicitly tell us you want to close your Account before the change comes into effect. Your consent is not necessary for any changes to be effective.
14. DISCLAIMERS
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Agreement, and the remaining provisions shall continue to be valid and enforceable. No waiver of any term or condition of this Agreement shall be construed as a further or continuing waiver of such term or condition or any other term or condition. The Company’s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.
17. FORCE MAJEURE
Neither party shall be held liable or responsible for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, terrorist acts, riots, strikes, labour disputes, embargoes, governmental actions, orders or regulations, national or regional emergencies, epidemics, pandemics, explosions, fires, floods, earthquakes, or any other unforeseeable and unavoidable events or circumstances that make it impossible or commercially unreasonable for a party to perform its obligations under this Agreement (collectively, the “Force Majeure Events”).
In the event of a Force Majeure Event, the affected party shall promptly notify the other party in writing of the nature and extent of the event, the anticipated duration of the event, and the anticipated impact on its performance under this Agreement. The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume the performance of its obligations as soon as reasonably possible.
The time for performance of the affected party’s obligations shall be extended for a period equal to the duration of the Force Majeure Event, provided that if the Force Majeure Event continues for a period of more than 10 consecutive days, either party may terminate this Agreement upon written notice to the other party without incurring any liability, subject to any payment or other obligations that accrued prior to the occurrence of the Force Majeure Event.
If the Force Majeure Event affects the performance of both parties, the parties shall negotiate in good faith to reach a mutually agreeable solution to address the impact of the Force Majeure Event on the performance of their respective obligations under this Agreement.
18. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of Cyprus. By using the Service, you consent to the exclusive jurisdiction of the courts of Cyprus for the resolution of any disputes arising out of or in connection with this Agreement or your use of our Service.
Notwithstanding, the Company reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction if so necessary to protect its rights, intellectual property or reputation.
19. COMPLAINTS
We will aim to resolve any complaint You may submit with the Company as soon as possible and no later than within 30 days. If the complaint is not settled in time, we will notify you that further time is required. You will have the right to terminate the Account and the Agreement in line with the clause 11.
The Company reserves the right at its sole discretion to immediately suspend the Services and terminate the Agreement with You, and refuse any future service requests, if You lodge a complaint which is unreasonable and unjustifiable with Your bank or payment service provider regarding a dispute of the fees paid for the Services.
20. INTELLECTUAL PROPERTY
Nothing in this Agreement shall be construed as granting, either expressly or by implication, any license or right to use any of our Intellectual Property, except as expressly permitted by this Agreement or with the Company’s prior written consent. You agree not to copy, reproduce, republish, modify, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Intellectual Property without the Company’s express written consent. Any unauthorised use of the Company’s Intellectual Property may result in a violation of the Agreement and may subject you to legal action, including, but not limited to, claims for damages and injunctive relief.
Copyright © 2024 Spartum Tech Limited. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are and remain the property of the Company, or the property of other third parties, where applicable. You are not permitted to use these Marks without the Company’s prior written consent or the consent of such third party which may own the Marks.
21. LANGUAGE
This Agreement has been prepared and is presented in English, which is the Company’s official language. Any other language used shall be solely for translation purposes however, the English language shall always prevail for the duration of the Agreement.
22. ENTIRE AGREEMENT
This Agreement and any further documents referred to herein, constitutes the entire agreement between the Company and the User regarding the Services and supersedes all prior understandings, agreements, or representations between the Parties, whether written or oral. The Company shall have no liability towards you for any innocent or negligent statement, representation assurance or warranty that is not in the Agreement.
23. CONTACT US
If you have any queries regarding this Agreement, please feel free to contact us using the contact information found on the Website.
