TERMS AND CONDITIONS
EFFECTIVE DATE: JULY 7, 2023
DATE OF LATEST UPDATE: September 8, 2023
These Terms and Conditions set forth the terms applicable to the usage of www.myflashfunding.com and the services offered thereon. The present Terms and Conditions govern the terms upon which you may use the Services, engage in simulated trading and place Orders on the Website.
Prior to using www.myflashfunding.com, please read the present Terms and Conditions. If you do not agree with these Terms and Conditions, even in part, your sole recourse is to refrain from using the Website.
The following terms, when used in these Terms and Conditions, have the meanings attributed hereinbelow, unless the context requires otherwise:
“Dispute” means any claim, dispute or conflict between us and you in connection with these Terms and Conditions.
“Orders” means an order placed on the Website to purchase a demo account for evaluation purposes, or a particular challenge.
“Restricted Countries” refers to Afghanistan, Burundi, Central African Republic, Congo, Cuba, Crimea, Eritrea, Guinea, Guinea-Bissau, Iran, Iraq, Kenya, Lebanon, Liberia, Libya, North Korea, Pakistan, Papua New Guinea, Russia, Somalia, South Sudan, Sudan, Syria, Vietnam, Vanuatu, Venezuela, Yemen, and Zimbabwe.
“Services” means tools, including but not limited to analytical tools, training, educational content and accesses on the Website and to third party providers. The Services provided on the Website allow for simulated foreign exchange trading on the Forex market or simulated trading with other instruments on different markets.
“Terms and Conditions” means the present Terms and Conditions and include all updates made to these Terms and Conditions.
“Third Party IP” means third party trademarks, logos and other intellectual property published or featured on the Website.
“Third Party Sites” means third party websites, sites, and/or applications linked or referenced on the Website.
“We”, “us”, “our” and other similar expressions mean the company responsible for handling, operating and managing the Website.
“Website” means www.myflashfunding.com.
In these Terms and Conditions, “you”, “your” and other similar expressions mean users of the Website.
- BINDING TERMS
These Terms and Conditions constitute a binding agreement between you and us. You acknowledge that we will not be bound by any policies other than those listed in these Terms and Conditions.
- YOUR REPRESENTATIONS
To use the Website, you must:
- be at least eighteen (18) years of age;
- be authorized to enter into binding agreements;
- reside in a country that is not part of the list of Restricted Countries;
- not be subject to any international sanctions nor may you have a criminal record; and
- use the Website in a way that does not breach any order, agreement or judgment to which you are legally bound.
The Services are intended to aid skillful and experience traders maximize their talent by securing a funded account with us. Our goal is to find and accredit smart traders by providing them with the potential to generate real profit with demo funds.
The Services should not be construed as investment, financial or other type of advice. You recognize that we are not acting as a broker, financial adviser or investment specialist.
We cannot guarantee that the Services will be available at all times, without interruption. Occasionally, upgrades, maintenance and repairs may result in the interruption or suspension of the Services. We will not be responsible for any interruptions to or the unavailability of the Services, nor will we provide compensation for the same.
- USER ACCOUNTS
All information you provide on the Website with respect to your user account must be accurate, true and complete to the best of your knowledge.
Your user account will be secured by a password and protected by login data. The password to your user account must remain confidential and secret. In case of any security breach or compromised password, you agree to notify us at your earliest convenience.
You user account is personal to you. You agree to use the Services for your personal use only, and not for commercial purposes. Only you are permitted to perform challenges, trades and undergo the verification process in connection therewith. You may not grant a third party access to your user account, nor may you allow a third party to perform trades with you or on your behalf.
If you operate as a company or legal entity with a valid tax number, you will be considered an entrepreneur (trader) for purposes of these Terms and Conditions.
- FEES AND PAYMENTS
The fee(s) payable for an Order and for the Services will depend in part on the capital invested and the option selected. The fee schedule is published and available for review on the Website. We reserve the right to update the fee schedule at our convenience.
All fees are exclusive of taxes, unless otherwise indicated. As such, you agree to pay all applicable taxes and delivery fees in connection with your Order(s).
You acknowledge that all payments made to us are final. Further, payments for a specific Order will not entitle you to any alternate Order or any type of exchange.
Any refunds or requests for refunds will be handled according to our Refund Policy, as published on the Website.
You agree to be bound by the payment obligations contained in these Terms and Conditions. You agree to not, directly or indirectly, initiate any chargeback with your financial institution with respect to any payments made to us. In you fail or neglect to comply with this chargeback obligation, we will be entitled to stop providing the Services to you without notice, liability or compensation of any kind.
Unless otherwise indicated, all payments must be made in United States currency (USD). Payments may be made by credit card, debit card, in cryptocurrency or any payment method authorized by us.
You may purchase a demo account and/or challenges by placing an Order on the Website. You can place an Order by completing the appropriate registration form. Upon our receipt of your Order, you will be charged. Once the Order is received and processed by us, we will send you an email confirmation.
All Orders are subject to verification. Any Order can be modified until we have issued an email confirmation. For protective purposes, we reserve the right to investigate any user who has placed multiple Orders within a short period of time.
Upon placing the Order, you will be responsible for complying with these Terms Conditions as well as the specific rules applicable to such demo account. The specific rules will be listed within your demo account.
- EVALUATION - DEMO ACCOUNT
You will engage in simulated trading under your demo account. As part of the simulated trading, financial market information may be used, however, such simulated trading is not real. Any funds provided for purposes of demo trading are fictitious, and you do not hold any right to possess such funds as they are fictitious and only provided for purposes of evaluation trading, and not for actual trading. You will not be entitled to any payments based on the results of your simulated trades.
We reserve the right to limit the number of challenges and verification per user based on the sum of capital amounts ordered.
While engaging in demo trading, you agree to use only those strategies which are permitted by us. You also agree to abide by good market standard rules applicable to trading on financial markets.
You understand that we will gain access to information relating to the trades you perform under your demo account for evaluation purposes. You allow us to share such information with our affiliates and partners for the same purposes.
While performing demo trading, you may not:
- Use strategies meant to exploit errors in the Services, such as errors in pricing or delayed updates;
- Engage in any conduct that may or will result in manipulated trading;
- Perform trades that violate these Terms and Conditions;
- Use a software or technology that may or will grant you an unfair advantage with respect to the trades;
- Perform trades that are not in line with trading in the Forex market or any other financial market.
You agree to perform trades in accordance with market standard risk management rules for trading on financial markets.
We may remove any transactions that we deem to violate these Terms and Conditions, and we may not consider them for purposes of evaluation. We may cease providing the Services provided to you if you engage in prohibited trading practices.
All challenges performed under your demo account must be completed within the deadlines specified in the Order confirmation.
Upon your successful completion of the challenge and provided you are compliant with these Terms and Conditions, you will be deemed to have completed the evaluation portion. You will then be eligible to complete the verification process within the deadline stated.
You agree to fulfill all requests by us with respect to the verification of your eligibility for a funded account. You understand and agree to comply with our requirements regarding identification and KYC (Know Your Customer).
- FUNDED ACCOUNT
Provided you successfully completed the evaluation using the demo account and the KYC verification process, you may be admitted to our exclusive trader program. We will place simulated funds with the amount you originally purchased in a demo account under which you may place trades. We will fund you the profits thereof.
In such case, you may be provided with a trader account from a third party. The terms applicable to such trader account will be set forth by the applicable providing third party. You recognize that your personal data may be shared with such providing third party for purposes of assessing your eligibility for the trader account and other similar considerations.
- TERMINATION OF USER ACCOUNTS
We reserve the right to terminate your user account, or restrict your access to the Website or the Services, in whole or in part, without prior notice and without liability to you, if we determine that you breached any provision of these Terms and Conditions, or any applicable law. We may terminate your user account if you: (1) breached our Terms and Conditions, (2) used the Services in violation of these Terms and Conditions, (3) provided incomplete or untrue information, (4) disparaged our business reputation, or (5) violated the rules applicable to trading as stated in these Terms and Conditions by cheating or using a trading strategy not permitted by us, (6) There are no time limits linked to the account in respect to how long you can take. However, if trading has ceased for more than 32 days the account will be terminated and the challenge will have failed due to our inactivity rule..
We further reserve the right to suspend or terminate any user account for reasons of convenience, or for any reason that we deem appropriate, without notice.
All ongoing provisions in these Terms and Conditions, such as those relating to liability and indemnification, will survive the suspension or termination of any user account.
- INTELLECTUAL PROPERTY RIGHTS AND CONTENT
The Website may feature trademarks, trade names, logos and other intellectual property. We own or have obtained all necessary consents to publish any such intellectual property on the Website. Any trademarks and intellectual property published on the Website may be protected by intellectual property laws and subject to copyright. All rights relating thereto are therefore reserved.
Any Third Party IP published on the Website is the property of the respective owner of the Third Party IP. Any Third Party IP published on the Website is intended to allow you to place Orders and benefit from the Services.
- WEBSITE USAGE
You undertake to act in accordance with the principles of fair dealing.
You are responsible for complying with these Terms and Conditions and applicable legislation when using the Website and the Services, you are prohibited from using the Website to:
- Breach a law, government order, regulation or policy;
- Transmit, distribute or share a virus, corrupt content or damaged file;
- Engage in illegal, unethical, fraudulent or malicious behavior, or encourage users of the Website to use the Website for such purposes;
- Publish, share or post false, malicious or misleading statements;
- Impersonate an individual or entity, or intentionally mislead others about your identity;
- Collect personal data from users of the Website, without obtaining their required prior consent;
- Decompile or hack the Website or attempt to do so;
- Act in a manner that is contrary to the intent of these Terms and Conditions.
You recognize that you may be held personally liable for your failure to comply with the prohibitions listed above. The provisions of these Terms and Conditions are not intended to deprive you of any consumer rights which are protected by law.
- PERSONAL DATA
- DISCLAIMERS AND LIABILITY
You must use your own technical equipment to access the Website and use the Services. We do not guarantee that the Website and the Services will be compatible with the technical equipment you use.
The Website and the Services are offered and operates “as is” and “as available”. We do not provide any warranties or guarantees with respect to the Services, including but not limited to express, statutory or implied warranties of title, non-infringement, fitness for a particular purpose and warranties implied by any usage of trade. We cannot warrant or guarantee that the transactions and the trades performed in connection with the Services will fulfill your needs or expectations.
Technical issues, such as lagging, delays and restricted access, may arise when or as a result of using the Website. We implemented security measures for the continuity of the Website however, we cannot guarantee that usage of the Website will be consistently uninterrupted and error-free.
To the fullest extent permitted by law, we will not be responsible for any losses, costs, expenses, damages, fines, fees, penalties and claims incurred as a result of or in connection with your usage of the Website, even if we knew of the possibility of such damages or losses.
You understand the financial risks and volatility associated with trading in the Forex market. Financial losses may result from investing, trading and using the Services. We cannot guarantee any specific results or earnings. In no event will we be deemed in default of our obligations or be liable in any way by reason of the failure of the financial performance and trades to meet your expectations or income projections.
You agree that your usage of the Website and the Services will be at your sole risk.
- UPDATES TO THE TERMS AND CONDITIONS
We may update these Terms and Conditions, at any time, at our sole discretion.
Please review these Terms and Conditions periodically. Your continued use of the Website following the publication of the updated Terms and Conditions will constitute your acceptance of the updated Terms and Conditions.
- THIRD PARTY SITES
Links to Third Party Sites on the Website are provided for reference purposes only. The Third Party Sites referenced on the Website are independent third parties. Unless otherwise indicated, we are not affiliated with the Third Party Sites. The inclusion of links to Third Party Sites on the Website should not be interpreted as our endorsement of the Third Party Sites.
We do not provide any warranties or guarantees with the respect to such Third Party Sites. Any usage of a Third Party Site will be governed by the terms established by the Third Party Site.
If any provision in these Terms and Conditions is determined to be unenforceable, the provision will be severed from these Terms and Conditions. The remaining provisions will remain in effect.
Our failure to insist upon the performance of any obligation in these Terms and Conditions will not operate as a waiver of our rights nor will it relieve you of your obligations listed in these Terms and Conditions.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by the laws in effect in the state of North Carolina.
Any Dispute will be submitted to binding arbitration. Before commencing any arbitration proceeding, you must attempt to resolve the Dispute amicably in good faith. You therefore agree to cooperate with us to resolve the Dispute.
The arbitration proceedings will be presided by one (1) arbitrator, unless the nature of the Dispute requires otherwise. The arbitration proceedings are individual, and not class arbitration. The arbitration award will be final and binding, not subject to appeal.
- CORRESPONDENCE BY EMAIL
Any notices you wish to address to us may be sent by email to email@example.com.
You may receive notices regarding your Orders and/or our Services by email. You are responsible for providing your current and valid email address for communication purposes. If the email address you indicated is invalid, any notice we sent to this email address will nonetheless be deemed effective.
- FORCE MAJEURE EVENTS
Force Majeure events are unforeseeable and unpredictable events outside of our control. Force Majeure events may include, without limitation, wars, governmental orders, acts of God, hurricanes, tornados and other natural disasters. We will not be responsible for failing to perform any of our obligations in these Terms and Conditions during a Force Majeure event.
The performance of our obligations will resume once the Force Majeure event has been resolved. If the Force Majeure event persists indefinitely or for more than thirty (30) consecutive days, we may, without compensation to you and without liability, terminate, suspend or block access to the Website.
- QUESTIONS AND COMMENTS
Please send your questions and comments regarding the Website and/or these Terms and Conditions to us by email at firstname.lastname@example.org or via live chat on the Website.