This PROPTRADE Account Agreement (the “Agreement”) governs the rights and obligations associated with the use of services provided by PROPTRADE, which are offered through the www.prop-trade.com website (the “Website”). Please read this Agreement carefully. You are under no obligation to use the Services if you do not agree with or understand any portion of this Agreement. You should not use the Services unless you fully understand and agree to these Terms.
This Agreement is entered into by you (“you,” “your,” or the “Client”) and PROPTRADE, the commercial name used by FX2 Asset Management Limited, a BVI FSC regulated fund with registration number SIBA/PIPO/20/5048. The controller of personal data is FX2 Asset Management Limited, with its registered office at 71 Road Town, Tortola, VG1110, British Virgin Islands (“we,” “our,” or “PROPTRADE”).
(Hereinafter, PROPTRADE and the Client are each referred to individually as a “Party” and collectively as the “Parties.”)
This Agreement is concluded electronically as part of the registration process for the Services on the Website. By clicking “I agree with the PROPTRADE Client Account Agreement” in the user interface of the Client Account, you accept and agree to the terms of this Agreement, thereby concluding this Agreement.
During registration, you are obligated to truthfully provide all requested information about yourself and attach a scan of your identification document, which will allow us to verify your identity. PROPTRADE reserves the right to refuse to enter into the Agreement with you if the information provided is inaccurate or incomplete. By providing information about yourself, you confirm that all such information is true and accurate to the best of your knowledge at the time of submission.
1.1. The purpose of this Agreement is to set out the conditions (i) under which the Client shall be provided by PROPTRADE with an account (the “Client Account”) for copy trading, (ii) under which the Client shall be paid financial payout(s). The purpose of this Agreement is also to ensure the Client’s access to the copy trading and financial payout(s) provided under this Agreement through the user interface on the Website (the “Client Section”), or by the provision of access to applications provided by PROPTRADE or third parties.
2.1. Provision of Services by PROPTRADE
The subject matter of this Agreement is PROPTRADE’s obligation to provide the Client with access to the Client Account, analytical instruments, training and educational materials, and, where applicable, other accompanying services (collectively, the “Services”). These Services are intended to enable the Client to access and use the provided functionalities. Additionally, subject to the terms and conditions set out in this Agreement, PROPTRADE is obligated to pay the Client a certain financial reward calculated according to the rules defined in this Agreement (the “Profit-sharing Payout”). Within the scope of the Services, PROPTRADE shall, in particular, grant the Client access to an electronic interface where the Client shall receive copy trades under this Agreement (the “Trading Platform”).
2.2. Client’s Obligations
The Client further undertakes to comply with this Agreement, any applicable third-party terms and conditions, legal regulations, and other rules when using the Services.
3.1. The Client represents and acknowledges that:
3.1.1. No performance provided by PROPTRADE to the Client under this Agreement, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, PROPTRADE does not receive or execute in any case, whether directly or indirectly, any trading instructions to Client assets, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to the Client any trading instructions, does not receive any assets from, or manage any assets for, the Client, and does not provide any related foreign exchange services;
3.1.2. No employees or other staff or representatives of PROPTRADE are authorized to provide Services within the meaning of Clause 3.1.1;
3.1.3. The funds (the “Virtual Capital”), provided to the Client for simulated trading are virtual and that the Client has no right to deal with them beyond the scope of their use within the Services (in particular that they cannot be used for actual trading), that the Client is not entitled to withdraw or transfer them, and that PROPTRADE does not in any circumstances receive any funds or other assets from, or manage any funds or other assets for, the Client within the Services;
3.1.4. Performance with PROPTRADE is not indicative of future performance, and that past performance and simulated gains are neither a guarantee nor an indication of any further performance; and
3.1.5. If the Client’s access to the Client Section is cancelled, irrespective of the reason for its cancellation, the Client shall lose access to the Client Account, and thus to the Services, without being entitled to any compensation.
3.2. In case the Client enters into this Agreement or uses the Services within its business (entrepreneurial) activities within the meaning of applicable laws, the Client is obligated to notify PROPTRADE about it and provide PROPTRADE with Client’s business identifiers.
3.3. In performing this Agreement, the Client shall comply with all applicable legal regulations and obtain, and maintain the validity of, all permits, licenses, consents, approvals or other acts issued by the competent authorities, which may apply to the Client’s activities under this Agreement, and fulfil all notification, tax, fee or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Profit-sharing Payout. The Client is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall PROPTRADE bear any responsibility for the failure of the Client to fulfil any of its obligations.
3.4. Client hereby acknowledges that the Virtual Capital has no monetary value and it’s only a part of the Services provided to the Client and Client has no actual right, title or ownership to the simulated capital, and that the PROPTRADE has all rights, interest and full ownership to simulated capital (as part of the Services). The PROPTRADE Account and any and all rights related to the Services that are granted by the PROPTRADE to the Client by virtue of this Agreement are personal to the Client and cannot be transferred by contract or otherwise, nor are eligible for inheritance.
4.1 Account Access and Activation
PROPTRADE shall provide the Client with access to an account (the “Client Account”), which will be linked to the Trading Platform (the “Trading Platform”), as part of the Services. The PROPTRADE Account shall be activated upon receipt of the subscription fee.
4.2 Login Data and Account Security
Access to the Client Account and the Trading Platform is protected by login data, which will be provided to the Client. THE CLIENT ACKNOWLEDGES THAT THEY WILL NOT BE ABLE TO ACCESS OR REACTIVATE THEIR CLIENT ACCOUNT ONCE IT IS CLOSED AS STATED IN CLAUSE 5.9.
4.3 Confidentiality and Responsibility for Login Data
The Client shall not disclose or provide the login data for the Client Account, Trading Platform, or Client Section to any third party. If the Client is a legal entity, the Client may authorize its employees or other authorized staff and representatives to access and use the Services. The Client is responsible for safeguarding the login data and the Client Account and for all activities conducted through the Client Account or the Trading Platform. PROPTRADE shall not be liable, and the Client is not entitled to any compensation, for any misuse of the PROPTRADE Account, Trading Platform, or any part of the Services, or for any negative consequences arising from such misuse, if it occurs due to reasons beyond the control of PROPTRADE.
4.4 Third-Party Trading Platform
The Client acknowledges that the Trading Platform is provided by a third party and that the terms and conditions, as well as the privacy policy of the provider, apply to its use. The Client is obligated to review these terms and conditions and the privacy policy before first accessing the Trading Platform. By using the Trading Platform, the Client agrees to the third party’s terms and conditions and privacy policy.
4.5 Accuracy of Client Data
All data provided by the Client to PROPTRADE must be complete, accurate, and up-to-date. In the event of any changes to the Client’s data, the Client must immediately notify PROPTRADE via the Client’s registered email address and provide documents evidencing the change, if applicable. The Client is responsible for ensuring the accuracy and currency of all data provided; PROPTRADE is not obligated to verify the data.
4.6 Service Availability and Limitation of Liability
The Client Account and Services may not be available at all times, particularly due to maintenance, upgrades, technical errors, or other reasons. PROPTRADE shall not be liable, and the Client is not entitled to any compensation, for any unavailability of the Client Account, Client Section, or Trading Platform, for any loss or damage to data or other content uploaded, transferred, or saved via the Client Account, Client Section, or Trading Platform, or for any alterations or interventions in the Client Account at the Client’s request. PROPTRADE may, at its discretion, decide to compensate the Client for service unavailability originating from technical issues on the part of PROPTRADE. The Client is not entitled to any compensation, and it is solely at PROPTRADE’s discretion whether and in what form or amount compensation is provided; this does not affect the limitation of liability as outlined in Clause 9.
4.7 Technical Requirements and Compatibility
To use the Services, the Client must obtain appropriate technical equipment and software, including any necessary third-party software (e.g., software for using the Trading Platform), at their own risk and expense. PROPTRADE does not warrant or guarantee the compatibility of the Services with any specific equipment or software. PROPTRADE makes no warranty regarding the compatibility of the Services with any particular device, program, or add-on.
5.1 Acknowledgment of Subscription Fee
The Client acknowledges and agrees that the subscription fee (the “Fee”) represents payment for services provided by PROPTRADE, specifically for facilitating the Client’s trading experience with PROPTRADE and allowing the Client to learn about PROPTRADE’s trading model through copy trading. This Fee is not, under any circumstances, to be construed as a deposit for any form of investment. PROPTRADE does not accept or manage Client funds for investment purposes.
5.2 Subscription Plans
The Client shall be charged a Fee based on the annual plan (the “Plan”) purchased, as indicated below.
Subscription Plans:
USD 500
USD 1,000
USD 2,000
USD 5,000
USD 10,000
5.3 Payment
Fees are paid up-front and on an annual basis.
5.4 Commencement and Expiration
A new subscription Plan will always commence on the 1st of the month at 0800 GMT+8 following the time of payment and will expire after a period of 12 calendar months (the “Subscription Period”).
5.5 Refund Policy
The refund policy includes two scenarios under which a refund will be issued:
5.5.1 Under-Performance Refund Policy
a) A refund amounting to 50% of the subscription fee shall be automatically issued if, within the last 12 months of the Client’s current Subscription Period, more than 6 months have recorded monthly returns below 1% on the Trading Platform.
b) A refund equivalent to one month’s subscription fee shall be automatically issued if the preceding 3 months of the Client’s current Subscription Period have recorded monthly returns below 1% on the Trading Platform.
c) The conditions outlined above shall reset with the commencement of each new Subscription Period. Consequently, the performance results from separate Subscription Periods shall not be aggregated or treated as part of a single rolling period for the purposes of this refund policy.
5.5.2 KYC Verification Failure
A refund shall be issued to the Client in the event that the Client fails to pass the KYC verification process, and PROPTRADE is unable to adequately identify the Client or authenticate the submitted identification documents. Such failure may arise under circumstances including, but not limited to, the submission of unclear or illegible images of the identification document, unclear or illegible selfies taken alongside the identification document, or discrepancies between the individual depicted in the selfie and the individual represented on the identification document.
The Client must formally request a refund by notifying PROPTRADE via their registered email address, providing a detailed and valid justification for their inability to successfully complete the KYC verification process. Any refund shall be subject to prior approval by PROPTRADE. PROPTRADE reserves the exclusive right to decline processing any refund related to KYC verification failures that are determined to be fraudulent or deceitful in nature.
5.5.3 All Refunds are paid to the Client’s USDT Wallet.
5.6 Modification of Subscription Plan
PROPTRADE reserves the right to change or amend the current subscription Plan offerings at any time.
5.7 Subscription Plan Limitations
The Client is limited to one subscription Plan per PROPTRADE Account.
5.8 Plan Changes and Renewals
The Client acknowledges that they may change their subscription Plan or renew their current subscription Plan one month before its expiration. The “Subscribe” function in the Client’s account will not be available until such time.
5.9 Profit Share Retention
As each new subscription Plan will only start on the 1st of the following month after determining the previous month’s profit share, the Client will not lose any profit share even if the new Fee is paid earlier to benefit from any early bird discounts.
5.10 Payment and Account Closure
Payment for the Fee must be collected in advance before the current subscription Plan expires. If the subscription Plan expires, the account cannot be renewed and will be permanently closed five (5) days after expiration.
5.11 Withdrawals of Payouts Post-Subscription Expiry
The Client may request withdrawals of remaining payouts in their USDT wallet (the “USDT Wallet”) after the current Plan expires, but such requests must be made before the Client Account is permanently closed five (5) days after expiry. After this period, the funds in the USDT Wallet will be considered forfeited.
6.1 Allocation of Virtual Capital
The Client will be allocated Virtual Capital based on the subscription Plan purchased, as indicated in clause 5.2.
6.2 Nature of Simulated Capital
The Virtual Capital is provided solely to facilitate the Client’s trading experience with PROPTRADE and to allow the Client to become familiar with PROPTRADE’s trading model through copy trading. This capital is entirely virtual and does not, in any way, represent a deposit made by the Client for investment purposes.
6.3 No Responsibility for Losses
The Client shall not bear any responsibility for losses incurred on the Virtual Capital.
6.4 Non-Withdrawability of Virtual Capital
The Client acknowledges and agrees that the Virtual Capital cannot be withdrawn under any circumstances.
6.5 Purchase of Additional Virtual Capital
The Client may increase the amount of Virtual Capital by using their USDT Wallet to purchase additional simulated capital.
6.6 On-Hold Allocation of New Virtual Capital
The Client acknowledges and understands that any new allocation of Virtual Capital will be placed “On-Hold” in the Client Account until the 1st day of the following month, at which time it will be allocated to the Trading Account for copy trading.
6.7 Renewal Rewards
Under the current policy, the Client will be rewarded with an additional 25% of Virtual Capital based on the Client’s subscribed Plan each time the Client renews their Plan from the same Client Account. This reward is capped at a maximum of 50% over two renewals. The policy is subject to change at the discretion of PROPTRADE.
7.1 Entitlement and Reference Period
The Client’s entitlement to the Profit-sharing Payout and its amount will depend exclusively on the results of the Client’s copy trading for a period of one calendar month (the “Reference Period”). The Reference Period is determined from the 1st of the previous month at 08:00 GMT+8 to the 1st of the following month at 08:00 GMT+8.
7.2 Profit-Sharing Percentage
The amount of the Profit-sharing Payout is 80%, 85%, or 90% of the Profit (the “Profit”), depending on the subscription Plan the Client had purchased as stated in Clause 5.2.
7.3 Determination of Profit
Profit is determined by comparing the Starting Balance and the Closing Balance in the Trading Account for the Reference Period. The Starting Balance will be determined at the 1st on the current calendar month at 0800 GMT+8, and the Closing Balance will be determined on the 1st of the following calendar month at 0800 GMT+8, both based on the Balance in the Client’s Trading Account. If the Closing Balance is lower than the Starting Balance, it will be considered a loss, meaning Profit is determined as zero for the Reference Period, and no Profit-sharing Payout will occur.
7.4 Example Calculation
For example, if the Client has a simulated capital of USD 100,000 and begins copy trading on 1 May 2024, and after one month, i.e., on 1 June 2024, the Client has a simulated capital of USD 110,000 in the Trading Account, the Client shall be entitled to a Profit-sharing Payout of USD 9,000 (i.e., 90% of USD 10,000 [USD 110,000 minus USD 100,000]).
7.5 Payout Credit and Withdrawal
The Profit-sharing Payout will be automatically credited to the Client’s USDT Wallet on the 1st of each month and can be withdrawn at any time in the form of USDT (Tether TRC 20). The minimum amount to withdraw is 10 USDT. Tether (USDT) is a “Stablecoin,” a cryptocurrency designed to maintain a stable price point relative to the US dollar.
7.6 Withdrawal Processing Time
Withdrawals from the Client’s USDT Wallet will on average take 0-2 business days to be approved and completed.
7.7 Post-Expiration Withdrawal
Profit-sharing Payouts will remain in the USDT Wallet for 5 days after the expiration of the subscription Plan. The Client can still request withdrawals of funds in their USDT Wallet after Plan expiry, but this must occur before the account is permanently closed 5 days after expiry. After this period, any funds remaining in the USDT Wallet will be forfeited.
7.8 Acknowledgment of Results Variance
The Client agrees that although trades in the Trading Account are copied from PROPTRADE’s model trading account, trading results may differ due to slippage, time lag, and differences in price feeds from liquidity providers. The Client shall not seek any damages or compensation should their results or copy trading perform worse than those of PROPTRADE’s model trading account.
7.9 Invoicing
Invoices will be issued automatically no later than 7 calendar days from the date on which the Profit-sharing Payout was made.
7.10 Invoice Corrections
If an invoice does not meet the legal requirements, the Client may notify PROPTRADE within 10 calendar days from the date of receipt of the invoice, specifying the deficiencies and quantifying applicable taxes and fees, and request a corrected invoice. After this period, PROPTRADE is not obligated to correct invoices. PROPTRADE will send a corrected invoice to the Client within 10 calendar days from the date of receipt of a timely notification from the Client.
8.1 Content Ownership and Use
All Services, including the PROPTRADE Account, their appearance, and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and other content that may form the Services (including the PROPTRADE Account), including any such content located on social networks of PROPTRADE or persons/entities that are members of the same group as PROPTRADE (the “Content”), are subject to legal protection under copyright laws and other relevant legal regulations. This Content is the property of PROPTRADE or PROPTRADE’s licensors. PROPTRADE grants the Client a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to use the Content solely for the purpose of utilizing the Services for the Client’s personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to the Client and remains the property of PROPTRADE or its licensors.
8.2 Trademarks and Designations
All trademarks, logos, trade names, and other designations are the property of PROPTRADE or PROPTRADE’s licensors. The Client is not granted any right to use them unless explicitly permitted in writing.
8.3 Fair Dealing
Both the Client and PROPTRADE commit to act in accordance with the principles of fair dealing in the performance of this Agreement and in their mutual interactions. They shall not damage the good reputation and legitimate interests of the other party. Any disagreements or disputes between the Client and PROPTRADE shall be resolved in accordance with this Agreement and applicable legal regulations.
8.4 Intellectual Property Rights
PROPTRADE, its affiliates, or licensors, own and retain all rights, title, and interest to the Services, Trading Platform, and any software provided under this Agreement, including all intellectual property rights. Except for the rights expressly set out in this Agreement, PROPTRADE does not grant the Client any other rights relating to the Services and other Content. The Client may only use the Services and other Content as outlined in this Agreement.
8.5 Prohibited Actions
When accessing the Services and other Content, the Client is prohibited from:
8.5.1 Using any tools or instruments that may adversely affect the operation of the Website and Services or that are intended to exploit any errors, bugs, or other deficiencies of the Website and Services;
8.5.2 Circumventing geographical restrictions of availability or any other technical restrictions;
8.5.3 Making copies or backups of the Website and other Content;
8.5.4 Reverse-engineering, decompiling, disassembling, or otherwise modifying the Website and other Content;
8.5.5 Selling, renting, lending, licensing, distributing, reproducing, spreading, streaming, broadcasting, or using the Services or other Content in any manner other than as permitted;
8.5.6 Using automated means to view, display, or collect information available through the Website or Services; and
8.5.7 Using any other instruments or means that could cause harm to PROPTRADE.
8.6 Error Reporting
If the Client discovers that the Services or any other Content contain errors, bugs, or other deficiencies, the Client shall notify PROPTRADE without undue delay in writing.
8.7 Indemnification
If the Client violates any restriction or prohibition under Clause 7, the Client agrees to indemnify and hold harmless PROPTRADE, any companies within the same group as PROPTRADE, and their Clients, employees, governing bodies, shareholders, business partners, licensors, and any cooperating persons (the “Indemnified Persons”) from any claims made by third parties. The Client shall cover any damages, including lost profits, costs of legal proceedings, legal representation, and other financial or non-financial claims arising from the third-party claims or lawsuits.
9.1 As-Is Provision
The Client acknowledges that the Services and other Content are provided “as is” with all errors, defects, and shortcomings, and that their use is at the Client’s sole responsibility and risk. To the maximum extent permitted by applicable mandatory legal regulations, PROPTRADE disclaims any statutory, contractual, express, and implied warranties of any kind, including, but not limited to, any warranty of quality, merchantability, fitness for a particular purpose, or non-infringement of any rights.
9.2 Limitation of Liability
To the extent permitted by the mandatory provisions of applicable legal regulations, PROPTRADE shall not be liable for any harm, including, but not limited to, any indirect, incidental, special, punitive, or consequential damages, including lost profits, loss of data, personal or other non-monetary harm, or property damage arising out of the use of the Services or reliance on any instrument, functionality, information, or any other Content available in connection with the use of the Services or elsewhere on the Website. PROPTRADE shall not be liable for any products, services, applications, or other Content of third parties that the Client uses in connection with the Services. If PROPTRADE’s liability is determined by a court of justice or any other competent authority in connection with the operation of the Website or the provision of the Services, such liability shall be limited to a maximum amount of USD 10,000.
9.3 Right to Modify Services
PROPTRADE reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
9.4 Force Majeure
PROPTRADE shall not be liable for any failure to provide the Services if such failure occurs due to serious technical or operational reasons beyond PROPTRADE’s control, in the event of any crisis or imminent crisis, natural disaster, war, insurrection, pandemic, threat to a large number of people, or any other force majeure event, and/or if PROPTRADE is prevented from providing the Services as a result of any obligations imposed by legal regulations or a decision of a public authority.
9.5 Non-Responsibility for Investment Advice
Should any information or statement by any employee or other staff or representatives of PROPTRADE be interpreted as investment advice or a recommendation, PROPTRADE shall not be responsible for such information or statement.
9.6 No Liability for External Trading Activities
PROPTRADE shall bear no responsibility for trading or other investment activities performed by the Client outside the relationship with PROPTRADE, including, but not limited to, using data or other information from the PROPTRADE Account, Trading Platform, or otherwise related to the Services in real trading in financial markets, even if the Client uses the same Trading Platform selected for simulated trading.
10.1 Confidentiality Obligation
The Client is obligated to maintain confidentiality regarding the terms and conditions of this Agreement, the existence of this Agreement, the manner in which the Services are provided, the content of communication with PROPTRADE, all information that may constitute trade secrets, including know-how, and any information made available to the Client by PROPTRADE which is designated as confidential or which is to be considered confidential by reason of the nature of the information and the circumstances in which it was disclosed (the “Confidential Information”).
10.2 Exceptions to Confidentiality
The obligation to protect the Confidential Information under Clause 9.1 shall not apply in cases where: (i) the information is publicly available or known at the time of its use or disclosure, unless its public availability or knowledge was due to a breach of a legal or contractual obligation; or (ii) the obligation to disclose the Confidential Information is required by law or any other legal regulation, or based on a final decision of a court, arbitration body, or administrative body.
10.3 Survival of Confidentiality Obligation
The Client undertakes to comply with the obligations under this Clause 9 without any time limit, including after the termination of the Agreement.
11.1 All communication made by PROPTRADE or its partners in connection with the performance of this Agreement will take place via the registered e-mail address of the Client, which the Client must notify to PROPTRADE.
11.2 All communication from the Client in connection with the performance of this Agreement must take place via the following contact e-mail address of PROPTRADE: [email protected].
12.1 Term of Agreement
This Agreement is concluded for an indefinite period. However, it terminates automatically if the Client fails to comply with one or more parameters as provided in Clause 7 or if one of the Parties terminates this Agreement in accordance with this Clause 11.
12.2 Termination by Notice
Either Party may terminate this Agreement without specifying any reason by serving written notice in accordance with Clause 11 on the other Party, with effect from the date of delivery of the notice. Upon termination, the Client Account will be cancelled immediately, and all trades will be closed.
12.3 Entitlement to Withdraw Funds
Upon termination of the Agreement, the Client may become entitled to withdraw any remaining funds in the Client’s USDT Wallet, subject to the conditions outlined below.
12.4 Restrictions on Withdrawal
The Client may not be entitled to withdraw any funds from the USDT Wallet, or a proportional part thereof, in cases where PROPTRADE terminates this Agreement for any of the following reasons:
12.4.1 Any representation of the Client given in Clause 3.1 proves to be untrue;
12.4.2 The Client grossly violates any provision of this Agreement. A repeated breach of any provision of the Agreement (i.e., more than three times) shall be considered a gross breach. Additionally, the following shall be considered gross violations, even if occurring only once:
12.4.3 Accessing the Services in violation of Clause 3.3;
12.4.4 Providing incomplete, untrue, or outdated information in violation of Clause 4.5;
12.4.5 Engaging in any of the activities listed in Clause 8.5;
12.4.6 Acting in violation of Clause 8.3;
12.4.7 Violating the confidentiality obligation under Clause 9.
12.5 Termination Due to Loss of Access
This Agreement shall also terminate if the Client loses access to the Client Section, which is provided by a third party, irrespective of the reason for such loss. In such a case, Clause 11.3 shall apply regarding the entitlement to the Reward.
12.6 Return of Property
Upon termination of this Agreement, the Client shall return to PROPTRADE all documents, instruments, electronic or other storage media, or any other means lent to the Client by PROPTRADE and containing information about PROPTRADE’s activities. The Client may not make any copies of the items mentioned in the previous sentence.
12.7 Amendment Due to Legal Changes
If, as a result of a change in legislation, the practice of the relevant supervisory authorities, or a change in legal interpretation, there arises a need to regulate the legal relationship established by this Agreement differently from a material or formal point of view, the Client and PROPTRADE undertake to conclude an amendment to this Agreement or to replace it with a new agreement to meet such needs. If no such agreement is reached, or the situation does not allow for it, or a decision of the relevant supervisory authority orders the termination of this Agreement, PROPTRADE may withdraw from this Agreement with immediate effect. In such a case, the Client shall have no claims against PROPTRADE due to the termination of the Agreement.
13.1. Any legal relations established by this Agreement or related to it, as well as any related non-contractual legal relations, shall be governed by the laws of the British Virgin Islands without regard for its conflict of laws provisions. Any dispute that may arise in connection with this Agreement and/or any related agreements shall fall within the jurisdiction of the Czech court having local jurisdiction according to the registered office of PROPTRADE.
14.1 Consumer Protection
The Agreement does not affect the protection afforded to consumers under mandatory laws of the EU Member States or other jurisdictions. This clause is specifically for clients who use the services as consumers, ensuring their rights are upheld.
14.2 Complaints
If the services provided do not meet the agreed standards or if there is an issue, clients can file a complaint by emailing [email protected]. PROPTRADE will address and resolve the complaint within 30 calendar days, and will confirm receipt and resolution in writing.
15.1 Personal Data Processing
PROPTRADE will handle personal data according to its Privacy Policy. If the Client is a legal entity, it must inform individuals using the PROPTRADE Account or Trading Platform of the Privacy Policy and how their data will be processed.
15.2 Non-Waiver of Rights
Failure by PROPTRADE or any authorized third party to enforce any part of the Agreement does not waive their right to do so in the future. This ensures that non-enforcement does not imply abandonment of any rights or claims.
15.3 Assignment of Rights and Obligations
PROPTRADE may transfer its rights and obligations under the Agreement to a third party without the Client’s consent. However, the Client cannot transfer or assign their rights and obligations under the Agreement.
15.4 Invalid Provisions
If any provision of the Agreement is found to be invalid or ineffective, it will be replaced with a provision that closely aligns with the intended meaning of the invalid provision. The validity of other provisions will remain unaffected. Custom practices or general industry customs not expressly mentioned in the Agreement will not influence its interpretation.
15.5 Entire Agreement
This Agreement represents the complete and exclusive agreement between PROPTRADE and the Client concerning its subject matter, overriding any previous agreements or understandings.
15.6 Acceptance of Risks
Both Parties acknowledge that they have evaluated the potential risks associated with the Agreement and accept these risks. The Client assumes the risk of any changes in circumstances.
F01, Level 2, Gateway Suite, Jalan Kerinchi, Gerbang Kerinchi Lestari,
59200, Kuala Lumpur
Open to all clients excluding US Persons. PROPTRADE and the www.prop-trade.com domain are commercial names used by FX2 Asset management Limited, a BVI FSC regulated fund with registration number SIBA/PIPO/20/5048. All information provided on this site is intended solely for educational purposes related to trading on financial markets and does not serve in any way as a specific investment recommendation, business recommendation, investment opportunity analysis or similar general recommendation regarding the trading of investment instruments. PROPTRADE only provides services of simulated trading and educational tools for clients. The information on this site is not directed at residents in any country or jurisdiction where such distribution or use would be contrary to local laws or regulations.
© 2024 PropTrade. All Rights Reserved.
