a) Thank you for choosing FundeXprop ("FundeXprop" or the 'Company'), operated by FNDX CORP LIMITED, a limited liability company incorporated under the laws of Hong Kong that owns the rights to the FundeXprop brand and conducts all business activities and the website at https://www.fundexprop.com/. The following Terms of Use ("TOU" or "Agreement") serve as a binding agreement between FNDX CORP LIMITED and you, the user ("Trader"). This TOU outlines the guidelines and conditions under which you may access and use offerings and trading challenges (collectively, the "Services") provided through our website. By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by this TOU. We encourage you to take your time and review this TOU carefully to ensure that you are fully informed about your rights and obligations with respect to using the Services. This Agreement is intended to create a clear and comprehensive framework for our relationship, emphasizing transparency, fairness, and mutual respect in all interactions related to the Services.
b) Should the user find any part of this TOU unacceptable, they are advised not to access the website or utilize any of the Services. If this TOU is considered as an offer, then the use of the Services is considered acceptance of this TOU. Acceptance occurs immediately upon your engagement with the platform, registration for a challenge, or any other use of the Services, thereby forming a legally enforceable contract between you and the Company.
a) The Company reserves the right to suspend, replace, modify, amend, or terminate this TOU at any time and within its sole and absolute discretion. Such changes may be necessary to adapt to evolving regulatory environments, technological advancements, or operational needs. If the Company replaces, modifies, or amends this TOU, your continued use of the Services after the effective date of the said changes will constitute your acceptance to any replacement, modification, or amendment to this TOU. We will notify you of material changes through the website, email, or the Trader Portal, providing a reasonable period for review. It is your responsibility to regularly check for updates to ensure ongoing compliance.
a) The Services offered to Traders by FundeXprop should not be regarded as investment services. FundeXprop does not provide Traders with any advice, instructions, or information on how to conduct transactions while using the services or on any investment instruments involved, nor does FundeXprop accept such advice, instructions, or information from Traders. The Services and any guidance provided do not constitute investment advice. Employees, staff, and representatives of FundeXprop are not authorized to offer investment advice or recommendations. Should any communication from FundeXprop's employees, staff, or representatives be misconstrued as investment advice or recommendations, FundeXprop clearly states that such information does not constitute investment advice or recommendations and is not liable for them. This disclaimer is crucial to maintain the educational and simulated nature of our platform, ensuring that all decisions remain solely yours based on your independent research and judgment.
a) When you engage with our Services, you affirm that you are at least eighteen (18) years of age, possess sound judgment, and have the legal capacity to accept and adhere to the terms and conditions of this Agreement. If you are accessing the Services on behalf of a company or another third party, you confirm that you are duly authorized to act on behalf of that entity and have the authority to bind them to this Agreement. This eligibility requirement is in place to ensure that all participants are capable of understanding the risks and responsibilities involved in simulated trading activities.
b) You also declare that your use of the Services is in compliance with all applicable laws, regulations, ordinances, statutes, or treaties relevant to individuals or business entities in your jurisdiction. Additionally, you assure that there are no existing agreements that restrict or prohibit you from entering into this Agreement. By making these representations, you warrant that your participation will not violate any sanctions, export controls, or other legal restrictions, and you agree to indemnify the Company against any claims arising from inaccuracies in these declarations.
a) What we do: FundeXprop is a proprietary trading firm that specializes in offering cryptocurrency trading challenges. It provides a unique platform for traders to showcase their skills in the dynamic world of cryptocurrency trading. Successful participants in these challenges are granted access to demo funded accounts, enabling them to trade using capital from FundeXprop. Profits generated from these trades are shared with the traders, allowing them to earn a profit split as a reward for their successful trading strategies. Our focus is on fostering skill development in a risk-controlled, simulated environment, without involving real financial instruments or live market executions.
b) How to join us: To become a part of FundeXprop, interested traders are required to select a challenge level that aligns with their trading experience and expertise. Each challenge level comes with an associated fee, which must be paid upon registration. Upon successful enrollment, traders gain the opportunity to engage in trading activities in accordance with the established rules and guidelines of the selected challenge level. Traders can access these challenges after passing the Verification Process, each with different features. Completion of the challenge does not automatically grant access to other Services. FundeXprop Trading Challenge varies based on the chosen option, including initial capital, acceptable risk level, and other parameters. Detailed information about each option and its fees can be found on our website at https://www.fundexprop.com/ and in this Agreement. The final fee is based on your selected option when ordering the FundeXprop Trading Challenge. We may offer Services under individually negotiated terms, decided at our discretion. Individual discounts and benefits cannot be combined unless explicitly stated by us. This process ensures a structured entry point, allowing traders to progressively demonstrate their capabilities.
c) Trading Currencies: FundeXprop offers its traders the flexibility to trade in a diverse range of cryptocurrencies. The platform supports trading across a wide range of cryptocurrencies, ensuring that traders have access to a broad spectrum of trading options. The specific cryptocurrencies available for trading are meticulously chosen and regularly updated to reflect the prevailing market trends, ensuring that traders have access to the most relevant and potentially lucrative trading opportunities. This selection process is guided by market analysis and compliance considerations to maintain a secure and educational trading experience.
a) When signing up as a Trader, you will be required to furnish personal details such as, but not limited to, your full name, email address, postal address, contact number, date of birth, along with a unique username and password for your account. The information you provide will be governed by our privacy policy, which can be found on our website. Your account is exclusively yours and is not to be shared with anyone else. Additionally, you are prohibited from acquiring an account for someone else or having a third party purchase an account for you. You are responsible for safeguarding the secrecy of your account credentials. In the event of any suspicion of unauthorized access to your account, it is imperative to inform the Company immediately. Providing false information may result in immediate account suspension and potential legal action.
b) Each Trader is permitted to have only one active account per challenge level unless prior written consent is obtained from the Company. It's crucial that all information you submit through the registration form or Client Section is accurate and up-to-date. You must promptly inform us of any changes or update your details in the Trader Portal. The accuracy and currency of the provided data are your responsibility; we are not obliged to verify this information. Failure to maintain accurate details could lead to delays in service access or payout processing.
a) FundeXprop's Crypto Proprietary Trading Challenge (CPTC) offers a pioneering opportunity in the cryptocurrency market. This program is designed for dedicated traders, providing a chance to earn profits using allocated funds while accessing educational resources. The CPTC is a unique multi-step evaluation system, including Demo stages and a Live stage, aimed at offering additional capital to skilled traders and uncovering their latent trading abilities. It emphasizes discipline, strategy, and risk management in a simulated setting to prepare participants for potential real-world applications.
b) The successful completion of the CPTC qualifies participants to become a FundeXprop Trader, entitling them to manage a funded Demo account. FundeXprop supports this journey, offering a wealth of educational tools, courses, lectures, and coaching to guide traders towards financial independence. The CPTC is not just a challenge but a pathway to success in the dynamic world of crypto trading, with ongoing support to refine skills and adapt to market changes.
a) CPTC Challenge Phase: The Crypto Proprietary Trading Challenge (CPTC) commences with the CPTC Challenge, serving as the initial demonstration phase. In this phase, participants are required to exhibit their trading proficiency and strict adherence to our predefined Trading Objectives. This stage is crucial as it sets the foundation for participants' progression in the CPTC program. All latest objectives, drawdown limits, profit targets, and trading days requirements are as per the Company official website at https://www.fundexprop.com/. For Zero Challenges, participants advance immediately upon meeting the criteria, with instant access and adherence to zero-risk parameters including no hedging, no opposite positions across accounts, and single-direction trading only (per FundingPips Terms of Use, applicable solely to Zero section).
For 1-Step Challenges, participants must successfully complete 1 Stage before advancing. For 2-Step Challenges, participants must successfully complete 2 Stages before advancing. Only those who meet the criteria of trading expertise and compliance with the Trading Objectives will progress to the subsequent phase of Verification. This phased approach ensures a thorough assessment of consistency and compliance.
b) Verification Phase: Verification constitutes the concluding demonstration phase prior to attaining the status of a CPTC Trader. This phase demands participants to consistently demonstrate their trading acumen. Successful navigation through this phase, marked by consistent and proficient trading results, qualifies participants to progress to the CPTC Live Account stage. The Verification phase is pivotal in ensuring that only those with proven and consistent trading skills are promoted to trade with actual funds, thereby upholding the quality of our Trader community.
c) Becoming a CPTC Trader: Upon successful completion of the Verification phase, participants are elevated to the esteemed role of a CPTC Trader. As a CPTC Trader, individuals are entrusted with a crypto-funded CPTC Account to engage in live trading. It is imperative for CPTC Traders to trade judiciously and aim for steady profit generation. As a reward for their skill and discipline, CPTC Traders are entitled to retain up to 90% of the profits earned from their trading activities, subject to the latest profit split ratios as per the Company official website at https://www.fundexprop.com/.
a) With respect to the CPTC, we offer a tiered approach to suit traders of varying expertise. Our challenge levels are meticulously designed to cater to different stages of trading proficiency, each with its unique set of features and objectives including full (100%) refund if the Trader successfully completes the challenge level and reaches their first profit split day. All latest product and services prices, account sizes, features, objectives, drawdown limits, profit targets, minimum trading days, and other parameters are as per the Company official website at https://www.fundexprop.com/. Below is a detailed overview of each level, with specifics subject to website updates:
b) The above outlines the structure and requirements of the challenge levels within the Crypto Proprietary Trading Challenge (CPTC). Each level is designed to cater to traders of varying experience and skill, with escalating account balances and corresponding objectives. The consistent features across all levels ensure a uniform trading experience, while the specific objectives set clear targets for traders to achieve at each level. The challenge fee for each level is fully refundable if the Trader successfully completes the level. The challenge fee will also be applied to subsequent challenge levels. These levels provide a scalable path for growth, with all details dynamically updated on our website to reflect current offerings and ensure flexibility in our programs.
a) Fee Structure for Trading Challenges: The fee for participating in FundeXprop's Trading Challenges varies based on the selected option. This fee is dependent on factors such as initial capital amount, acceptable risk level, and specific challenge parameters that must be met for successful completion of the Trading Challenge and subsequent Verification. Detailed information about each option and its associated fees is available on https://www.fundexprop.com/ and in the Trader Portal. The final fee is determined at the time of selecting an option on the order form. FundeXprop reserves the right to offer Services under individually negotiated conditions, which are determined at our discretion. This structure allows for customization while maintaining transparency in all fee-related matters.
b) Challenge Selection and Verification: The option selected for the Trading Challenge applies to the subsequent Verification phase. The parameters and currency used in the Verification will correspond to those chosen for the Trading Challenge. Once an option is selected, it cannot be changed, except when ordering a new Trading Challenge. Upon submitting the order form for the Services and/or the selected challenge level, FundeXprop will confirm receipt via email, and the contract shall be executed upon payment of the selected option's fee. This ensures continuity and alignment throughout the evaluation process.
c) Order Limitations: If a Trader places an excessive number of orders within a short period, FundeXprop may issue a warning to mitigate potential harmful behavior. Continued unreasonable behavior may result in suspension of further Service orders. If such behavior is linked to Forbidden Trading Practices, appropriate actions as outlined in this TOU will be taken. FundeXprop reserves the right to determine the nature of such behavior and set reasonable boundaries for these determinations. These measures are in place to safeguard the platform's integrity and promote responsible usage.
d) Fee Adjustments: FundeXprop maintains the right to unilaterally modify the fees and parameters of the Services at any time. Changes will not affect Services already purchased prior to the notification of such changes. Notifications will be provided via the website or email to keep you informed of any updates.
a) Methods of Payment: Traders can pay the fee for their selected Trading Challenge option using various methods, including payment cards, cryptocurrency, bank transfers, or any other payment methods available on the Website at https://www.fundexprop.com/. The fees for FundeXprop's Trading Challenge options are denominated in USD. However, payment can also be made in other currencies. Traders should be aware that if payment is made in a currency different from the one selected on the Website, the amount will be converted based on the current exchange rates at the time of payment. All payments are processed by ZEROMILE LTD, our designated payment entity.
b) Payment Processing and Obligations: For payments made via payment card or any other express payment method, the transaction is completed immediately. The fee is considered paid when the full amount is credited to ZEROMILE LTD's account on behalf of FNDX CORP LIMITED. If the payment is not made in a timely manner, FundeXprop reserves the right to cancel the order. The Trader is responsible for any fees charged by their chosen payment service provider in connection with the transaction. It is the Trader's duty to ensure that the full fee for the selected Trading Challenge is paid, covering all associated transaction costs. Delays or failures in payment may impact your access to Services.
c) Inclusive Service Charges and Tax Obligations: All service charges are inclusive of applicable taxes. Traders are responsible for fulfilling all tax obligations related to the use of our Services in accordance with the prevailing laws. This includes the proper payment of any taxes or other fees, if applicable. Traders are encouraged to review these terms carefully and ensure they understand their obligations and options when making payments for FundeXprop services. Consult a tax professional for jurisdiction-specific advice.
a) Single Client Portal or Dashboard Policy: Each Trader is entitled to only one Trader's Portal. All services available to the Trader must be consolidated and managed within this singular Trader's Portal. The number of FundeXprop Trading Challenges and Verifications per Trader's Portal may be subject to limitations. These limitations are based on the cumulative initial capital amounts of the products ordered or other defined parameters. Unless explicitly authorized by FundeXprop, Customers are prohibited from transferring or combining initial capital amounts across different products. Similarly, the transfer or amalgamation of performance metrics, service parameters, data, or any other related information between products is not permitted. This policy promotes organized account management and prevents circumvention of rules.
b) Security and Usage of Trader's Portal and Trading Platform: Access to the Trader's Portal and Trading Platform is secured by login credentials, which must not be disclosed or shared with any third parties. If a Trader registers as a legal entity, they may authorize their employees or representatives to use the Services via their Trader's Portal. The Trader bears full responsibility for all activities conducted through their Trader's Portal and/or Trading Platform. FundeXprop is not liable for any misuse of the Trader's Portal, Trading Platform, or any part of the Services, nor for any adverse consequences that arise due to such misuse attributable to the Trader. Implement strong security practices, such as two-factor authentication where available.
c) Service Availability and Data Security: Traders should be aware that the Services, including access to the Trader's Portal and Trading Platform, may not be available at all times, especially during periods of maintenance, upgrades, or for other reasons. FundeXprop is not responsible for, nor owes any compensation for, the unavailability of these services or for any damage or loss of data or content uploaded, transferred, or saved through the Client Section or Trading Platform. We recommend regular backups of important data on your end.
d) Deleting the Dashboard: Traders may request the deletion of their Dashboard at any time by emailing support@fundexprop.com. Such a request will be treated as a contract termination initiated by the Trader, resulting in the forfeiture of their right to use the Services, including the Dashboard and Trading Platform. FundeXprop will promptly confirm the receipt of the deletion request via email, thereby concluding the contractual relationship. In this event, Traders are not entitled to any refund of previously paid fees or reimbursement of incurred losses or costs, if any. Deletion is irreversible, so consider implications carefully.
a) Acceptable Trading Practices: During demo trading on FundeXprop's Trading Platform, you are permitted to conduct various transactions, provided they do not fall under the category of forbidden trading strategies or practices as detailed in this Agreement. You are expected to adhere to standard market practices and rules applicable to financial market trading, such as those pertaining to risk management. Be aware that the Trading Platform you choose may impose its own set of restrictions. These practices encourage ethical and sustainable trading habits within the simulated environment.
b) Data Handling Consent: You acknowledge that FundeXprop has access to the details of your demo trades on the Trading Platform. By engaging in demo trading, you consent to FundeXprop sharing this information with affiliated groups or entities and authorize them to manage this information as they see fit. This consent includes automatic handling of your data without the need for additional approval from you, and you will not be entitled to any compensation related to the use of this data. FundeXprop understands that your demo trading does not constitute investment advice. You have the right to pause your demo trading at any time. FundeXprop is not responsible for the accuracy of information displayed on the Trading Platform, nor for any interruptions, delays, or inaccuracies in the market information provided on your Dashboard. This data usage supports platform improvements and compliance monitoring.
c) Prohibited Trading Practices: During demo trading, the following practices are strictly prohibited:
FundeXprop reserves the right to define and identify Forbidden Trading Practices. These prohibitions are essential to maintain a fair playing field for all participants.
d) Consequences of Prohibited Practices: Engagement in Forbidden Trading Practices may lead to:
e) Enforcement and Third-Party Account Breach: If Forbidden Trading Practices are detected across various accounts or combined trading scenarios, FundeXprop may cancel all Services and terminate all related contracts at its discretion. Use of FundeXprop Trader accounts in Forbidden Trading Practices may breach third-party terms and lead to account cancellation and termination of agreements by the third-party provider. Repeated engagement in Forbidden Practices, despite prior notification, may result in restricted access to all Services, including the Dashboard and Trading Platform, without compensation or refund of fees paid. We monitor for patterns to ensure long-term compliance.
f) External Trading Activities: FundeXprop is not liable for any trading or investment activities conducted outside its Services, even if such activities utilize the same Trading Platform as for demo trading. Any risks or outcomes from external activities are solely your responsibility.
g) Market Risks and Performance: Financial markets are subject to rapid and significant changes. Trading may not always be profitable and can incur substantial losses. Past performances in demo trading do not guarantee future success or profits. This acknowledgment highlights the educational purpose of our Services.
h) The Provision and Incorporation of Guidelines: FundeXprop shall make available the guidelines pertinent to the Services and/or challenges on its website and through electronic mail communication upon an individual's commencement as a Trader. These guidelines, subject to modification at FundeXprop's exclusive discretion, are hereby fully integrated into this Agreement. FundeXprop explicitly disclaims any representations, warranties, or guarantees, whether express or implied, regarding future employment prospects as a Trader, monetary remuneration, or any form of compensation or reward contingent upon a Trader's performance. Guidelines serve as a reference for best practices.
a) Legal and Rights Compliance: Traders are strictly prohibited from using the Services in any manner that violates local, state, provincial, national, or international laws, statutes, ordinances, or regulations. Additionally, the use of the Services to infringe upon third-party rights, including but not limited to intellectual property, privacy, publicity, or other personal or proprietary rights, is expressly forbidden. Compliance is fundamental to our operations and your participation.
b) Restrictions on Service Misuse: Traders are expressly forbidden from engaging in activities such as scraping, crawling, framing, unauthorized linking, aggregating, hacking, performing denial of service (DOS) attacks, reverse engineering, or bypassing the technological protection measures of the Services or FundeXprop's website. These restrictions protect the platform's security and functionality for all users.
c) Spam and Unauthorized Content: Using the Services or FundeXprop's website to send unsolicited commercial emails to third parties or other Traders of FundeXprop is prohibited. While FundeXprop is not responsible for content posted by its Traders and does not actively monitor such content, it reserves the right to remove any such content. Report any suspected violations to support for review.
d) Prohibited Trading Strategies: Traders are prohibited from employing any trading strategy explicitly forbidden by FundeXprop or its affiliated trading platforms. Prohibited Trading includes, but is not limited to:
e) Consequences of Prohibited Trading: If FundeXprop detects Prohibited Trading, the Trader's participation will be terminated, which may include the forfeiture of any fees paid. Before receiving a funded account, trading activities will be reviewed to identify Prohibited Trading and if any is found, the Trader will not receive a funded account. FundeXprop reserves the right to disallow or block any Trader from participating in its program for any reason, at FundeXprop's sole and absolute discretion.
a) Trademark Ownership and Usage Restrictions: You acknowledge that all trademarks, trade names, design marks, or logos displayed on FundeXprop's website are either common law or registered trademarks owned by or licensed to FundeXprop. You are strictly prohibited from using FundeXprop's trademarks in a manner that could confuse, mislead, or deceive consumers, or falsely imply endorsement or origin of your products or services. Additionally, the use of FundeXprop's trademarks in domain names, keyword advertisements, trigger keyword advertisements, or meta tags is expressly forbidden. Trademarks not owned by FundeXprop are the property of their respective owners. Violations may lead to legal action to protect our brand integrity.
b) IPRs and Website Use: FundeXprop, along with its suppliers and licensors, reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials on its website. Access to FundeXprop's website does not grant, nor should it be construed as granting, any license under any of FundeXprop's or any third party's intellectual property rights. All rights, including copyrights, on the website are owned by or licensed to FundeXprop or its third-party suppliers. Any use of the website or its contents, including copying or storing in whole or part, other than for personal, non-commercial use, is prohibited without FundeXprop's explicit permission. Modification, distribution, or reposting of anything on the website for any purpose is not allowed. This reservation ensures the protection of our proprietary materials.
a) Investment Considerations: Prior to engaging in financial market activities, it is crucial for you to thoroughly assess your investment goals, experience level, and tolerance for risk. Most importantly, you should only invest funds that you can afford to lose without impacting your financial stability. This self-assessment is key to responsible participation.
b) Risk Exposure in Trading: Participating in trading transactions exposes you to significant risks. These include, but are not limited to, the use of leverage, the credit standing of parties involved, limited regulatory oversight, and market volatility. Such factors can greatly influence the value of the trading products you engage in. Understanding these exposures is essential for informed decision-making.
c) Impact of Market Movements: Due to the leveraged nature of trading, any movement in the market can have a proportionally amplified impact on your invested funds. This leverage can result in outcomes that are both advantageous and disadvantageous to your financial position. Small market shifts can lead to substantial gains or losses, underscoring the need for caution.
d) Risks of Internet-Based Trading: Engaging in an Internet-based trading system carries inherent risks, including failures of hardware, software, and Internet connectivity. FundeXprop is not liable for any communication failures or delays experienced while trading over the Internet. Although FundeXprop implements backup systems and contingency measures to reduce the risk of system failure, the inherent risks of online trading cannot be eliminated entirely. Always use reliable connections and devices.
a) Access To Educational Resources: FundeXprop is dedicated to fostering the growth and development of talented traders. Upon engaging with FundeXprop's Challenges and/or Services, traders are granted complimentary access to educational resources. This platform is a repository of curated courses, lectures, and news articles, each designed to enhance your trading knowledge and skills. Our aim is not just to identify trading talent but to cultivate it with comprehensive educational resources. Beyond the courses, FundeXprop offers tailored coaching and mentoring sessions, providing personalized guidance to refine your trading strategies and achieve your trading objectives. These resources are continually updated to reflect current market dynamics.
b) Educational Content Disclaimer: FundeXprop furnishes a variety of educational resources, data, information, and content regarding investment strategies and trading opportunities. It is imperative to understand that such materials are disseminated solely for the purpose of providing general information and education. FundeXprop expressly refrains from soliciting Traders to undertake any specific actions based on this content. Consequently, Traders should not interpret the provided data, information, or content as constituting professional advice in the realms of investment, finance, taxation, law, or other specialized fields. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website. This disclaimer protects both parties by clarifying the informational nature of the materials.
a) Profit Split Ratio and Payout Schedule: FundeXprop offers an initial profit split ratio in favor of the traders as per the latest details on https://www.fundexprop.com/. FundeXprop calculates traders' profits to determine the amount eligible for the profit split. Traders have the flexibility to request a withdrawal after the minimum period specified on the website following their initial trade. Traders are given the option to select their Profit Split Day within the window outlined on the website from the commencement of trading. In the absence of a selection, the default Profit Split Day will be designated as per website guidelines. Traders who excel and meet the criteria of FundeXprop's Scaling Plan will see their profit share increase as detailed on the website. This system rewards consistent performance.
b) Withdrawal and Payout Methods: CPTC Traders can request payouts at their discretion, and FundeXprop is committed to processing these requests within the timeframe specified on https://www.fundexprop.com/. FundeXprop prides itself on the swift processing of payouts, ensuring traders receive their earnings promptly. Traders also have the liberty to adjust their Virtual Profit Split Day up to the number of times allowed on the website, facilitating better alignment with their personal financial planning. Processing involves verification for compliance.
c) Withdrawal Options: Traders can withdraw their profits in USDT via the Ethereum (ERC-20), BNB Chain (BEP20), and Tron (TRC-20) blockchain networks, or other methods as updated on the website. To accommodate transaction fees, withdrawals are subject to a minimum threshold as per the latest information on https://www.fundexprop.com/. Choose networks wisely to minimize costs.
d) Reinvestment of Profits: Traders are provided with the opportunity to reinvest their profits to enhance their trading capital, fostering growth and potentially higher future earnings. Despite the reinvestment of profits, FundeXprop's share of the profit split will be consistently deducted on each Profit Split Day, ensuring a transparent and fair distribution of earnings. Reinvestment options are outlined in the Trader Portal.
a) Duration of Agreement: This Agreement shall commence upon your procurement of any Service and/or registration for any of the challenges provided by FundeXprop and shall persist until such time as FundeXprop elects to terminate your access to the Services, or you elect to cease utilization of the Services. The term is ongoing during active participation.
b) Termination Rights: FundeXprop retains the unequivocal right to terminate the Services or your access to the FundeXprop challenge and/or website at any time, at its sole discretion, without the requirement of providing the trader any advance notice. Termination may occur for reasons including but not limited to violations or inactivity.
FundeXprop shall not be held accountable for any claims, losses, damages, costs, or expenses, inclusive of legal fees, that arise directly or indirectly due to circumstances beyond FundeXprop's control. Such circumstances encompass, but are not limited to, civil unrest, warfare, uprisings, international interventions, actions, or inactions by governmental entities (including, but not limited to, the imposition of exchange controls, confiscations, nationalizations, currency devaluations), natural calamities, divine acts, market fluctuations, or the inability to establish communication with pertinent parties. Additionally, any interruption, delay, dysfunction, or failure of transmission, communication systems, or computer facilities, whether owned by FundeXprop, the Trader, or any external service providers, falls under this provision. We strive to mitigate impacts but cannot guarantee uninterrupted service.
FundeXprop may offer an Affiliate Partnership Program that allows individuals to earn commissions by referring new traders to FundeXprop. The terms, commission structure, and conditions of the Affiliate Partnership Program are subject to separate agreement and may be modified at FundeXprop's discretion. Participation requires adherence to ethical promotion standards, with details available on the website.
a) You, the Trader, expressly acknowledge and accept that the Services and FundeXprop's website are made available on an "As-Is" basis, devoid of any form of warranty, either explicit or implicit. This includes, but is not limited to, the disavowal of warranties of title, merchantability, precision, suitability for a specific purpose, security, and non-infringement. Subject to the provisions permissible under applicable laws, FundeXprop absolves itself from any responsibility or liability for any claims, damages, judgments, charges, or fees that may arise, either directly or indirectly, from the content presented on the website, or from your engagement with, or access to, the Services or FundeXprop's website. This encompasses, but is not limited to, compensatory, consequential, special, incidental, punitive, and exemplary damages, including costs and legal fees, damages resulting from inaccuracies or omissions, and damages due to the unavailability or downtime of the website. This broad disclaimer reflects the simulated nature of our Services.
b) Your engagement with the Services and/or FundeXprop's website is undertaken at your own discretion and risk. It is hereby clarified that FundeXprop's liability, should it be established by a competent authority, shall be confined to the maximum extent permissible under applicable law, and shall not exceed the total amount you have paid for the Services, or the sum specified on the website, whichever is lower. This cap ensures balanced risk allocation.
a) Commitment to Indemnification: You hereby covenant to indemnify, defend, and exonerate FundeXprop, along with its executives, shareholders, directors, employees, subsidiaries, affiliates, partners, and agents, from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable legal fees, that arise directly or indirectly from your utilization of FundeXprop's website; any breach by you of any provision of this Agreement; your infringement upon the rights of any third party, including but not limited to intellectual property rights or other personal or proprietary rights; and your contravention of any applicable laws, statutes, ordinances, regulations, or treaties, irrespective of their jurisdictional scope. This obligation extends to third-party claims arising from your actions.
b) Defense and Control of Litigation: Your obligation to provide defense for FundeXprop under this indemnification clause shall not bestow upon you the right to direct or oversee FundeXprop's legal defense strategy. FundeXprop retains the sole prerogative to manage its defense as it deems appropriate, including the selection of legal counsel and the decision to litigate or settle any claim for which indemnification is sought under this clause. Cooperation is required during any proceedings.
a) Negotiation: In the event of any dispute or disagreement arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute amicably through good-faith negotiations. If the Parties are unable to reach a resolution through negotiations within thirty (30) days from the date a dispute arises, either Party may initiate further dispute resolution procedures. This step promotes efficient resolution without escalation.
b) Mediation: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall initially be referred to mediation and attempted to be settled by mediation under applicable mediation rules. The language of the mediation shall be the English Language. Mediation provides a neutral forum for dialogue.
c) Arbitration: If the Parties fail to resolve the dispute through Negotiation or Mediation, any unresolved dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, or validity, shall be referred to and finally resolved by arbitration in accordance with applicable arbitration rules. Only one (1) arbitrator will be appointed in accordance with the applicable rules. The arbitration shall take place in Hong Kong. The arbitration proceedings shall be conducted in the English language and governed by the laws of Hong Kong. The arbitral award rendered by the arbitrator shall be final and binding upon the Parties. The Parties agree to abide by and comply with the arbitral award without delay. This process ensures confidentiality and finality.
a) Modification of the Terms: FundeXprop may amend the content of these TOU from time to time for the purposes of: i. adapting the TOU to any regulatory or legislative provisions in force or in the process of being adopted; ii. adapting the TOU to any decision of a judicial body, a consumer agency or body, or of any other competent authority, which affects the Platform, its content or the services offered therein; iii. preventing abuses or damages or for security reasons; iv. reflecting any legal changes, updates, improvements, or changes to the services, the Platform and/or to its content.
FundeXprop will provide prior notice of any amendment to these TOU before they become applicable via a general notice on the Platform, unless FundeXprop is legally obliged to make the amendments immediately or within a shorter term. If Traders do not accept the new conditions, they may terminate the Agreement or stop using the Services. The amendments made to these TOU shall not apply retroactively and shall not affect the purchases previously made by you on the Platform, unless such amendments must be retroactive in accordance with the applicable laws or a decision of governmental or judicial body, in which case, the amendments shall also apply retroactively to the purchases previously made. Traders will be bound by the version of the TOU which is in force at the time the purchases are made. These provisions allow for adaptability while protecting existing rights.
b) Severability: If, in any jurisdiction, any provision of these TOU or their application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of these TOU and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. This ensures the Agreement remains operative.
c) Assignment: Traders are expressly prohibited from assigning their rights and duties under this TOU or Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company and/or its Services. Assignments by the Company will not alter your obligations.
d) Waiver: No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless the said waiver is in writing and signed by the party to be charged. Isolated leniency does not imply ongoing waiver.
e) Entire Agreement: This Agreement contains the entire agreement between the Company and the Traders regarding the use of the Services provided by the Company, and supersedes all prior understandings, agreements, or representations between the Company and the Traders, whether written or oral. Refer to this document for all terms.
f) Governing Law and Jurisdiction: This Agreement or TOU shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of laws principles. The Parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong. This choice aligns with our operational base.
g) Survival: Any provisions of this Agreement that, by their nature, are intended to survive the termination or expiration of this Agreement shall continue to be binding upon the Parties. Examples include indemnification and IP rights.
"Agreement": Refers to this Terms of Use (TOU) between FundeXprop and the trader outlining the terms and conditions of the use of FundeXprop Services and the Platform.
"Trader": Refers to an individual who participates in FundeXprop's trading challenges and uses the Services and the platform.
"Services": Refers to the range of offerings provided by FundeXprop, including trading challenges, access to educational resources, and trading platforms.
"Profit Split": Refers to the division of profits earned from trading between FundeXprop and the trader, according to a predetermined ratio as per the website.
"Payout Schedule": Refers to the timeline within which traders can withdraw their share of profits, detailed on the website.
"Withdrawal Methods": Refers to the various channels through which traders can receive their payouts, such as cryptocurrencies listed on the website.
"Minimum Withdrawal Amount": Refers to the lowest amount of profit that a trader can request to withdraw from their trading account, as specified on the website.
"Scaling Plan": Refers to a program that allows traders to increase their profit split ratio and trading capital based on their trading performance, with criteria on the website.
"Indemnification": Refers to the trader's obligation to protect FundeXprop against any losses, damages, or expenses arising from their wrongful use of the Services or violation of the TOU.
"Force Majeure": Refers to the exemption of FundeXprop from liability for any failure to perform its obligations due to events beyond its control, such as natural disasters or governmental actions.
"Affiliate Partnership (AP) Program": Refers to a program that allows individuals to earn commissions by referring new traders to FundeXprop, governed by separate terms.
"Commission Rate": Refers to the percentage of registration fees that affiliates earn from traders they refer to FundeXprop, as per program details.
"Intellectual Property": Refers to the legal rights to inventions, literary and artistic works, symbols, names, images, and designs used in commerce, owned, or licensed by FundeXprop.
"Prohibited Trading Practices": Specific trading behaviors or strategies that are not allowed on FundeXprop's platform, such as exploiting platform errors or engaging in manipulative trading, as outlined in Section 14.
"Registration Fees": Refers to the charges that traders must pay to participate in FundeXprop's trading challenges, as per the website.
"Demo Funded Account": Refers to an account provided to successful traders post-challenge, allowing them to trade with FundeXprop's capital in a simulated environment.
"Challenge Level": Refers to the tier or stage of a trading challenge designed to match a trader's experience and skill level, with details on the website.
"Profit Split Day": Refers to the designated day when profits are calculated and the trader's share is determined for payout, selectable per website guidelines.
"Virtual Profit Split Day": Refers to a flexible date chosen by the trader for the calculation of their profit share, adjustable up to the limit on the website for alignment with personal financial planning.
"Payout Rebate System": Refers to FundeXprop's mechanism for processing and disbursing trader earnings, including any rebates as per policy.
"Eligibility Criteria": Refers to the set of requirements that traders must meet to participate in FundeXprop's programs and challenges, updated on the website.
"Enrollment Process": Refers to the steps a trader must follow to register for FundeXprop's services, including challenge participation, detailed in the Trader Portal.
"Commission Structure": Refers to the framework outlining how affiliate commissions are calculated and disbursed based on referred trader registrations, per affiliate terms.
"Payout Frequency": Refers to the regular intervals at which FundeXprop processes and disburses payouts to traders and affiliates, as specified on the website.
"Deceptive Practices": Refers to any fraudulent or misleading actions by traders or affiliates aimed at manipulating trading outcomes or referral commissions, strictly prohibited.
"Spamming": Refers to the act of sending unsolicited or irrelevant messages, particularly in large quantities, which is prohibited for affiliates in promoting FundeXprop's services.
"Ethical Promotion": Refers to the requirement for affiliates to use honest and responsible methods in advertising FundeXprop's services, adhering to legal and moral standards as outlined in the program.