1.1. These Terms and Conditions govern the use of the website (www.fundscap.com) and services provided by FundsCap Limited ("us," "we," or "our"). By using the Website and our services, you agree to comply with and be bound by these Terms and Conditions.
1.2. You must read these Terms and Conditions carefully before using the Website and our services. If you do not agree to be bound by these Terms and Conditions, you should immediately stop using the Website.
1.3. This Agreement applies to both users and prospective users of our website. The terms "you," "your," and "user" refer to users and prospective users of the website. The terms "we," "us," "our," and "company" refer to FundsCap Limited. The term "Service" refers to the services provided by us. The terms "Parties" and "Party" refer to both users and us, or either the user or ourselves, respectively. All terms are considered interchangeable and include the singular, plural, capitalization, and pronouns.
1.4. This Agreement is subject to change, and any updates will be effective upon posting on our website. Additional posted terms or guidelines applicable to specific services or information on the website are incorporated into this Agreement.
2.1. This Site is offered and available to users who are 18 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website.
2.2. This age restriction may differ from country to country. By using this Site and our application, you represent and warrant that you are of legal age within your jurisdiction or country to form a binding contract and meet all the foregoing eligibility requirements.
3.1. It is unlawful to try and gain unauthorized access to this site, its servers, or any computer or database connected to this Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offense. In the event of such a breach, your right to use this Site will cease immediately. We will report any such breach to the relevant law enforcement authorities.
3.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or your downloading of any material posted on them, or on any website linked to them.
4.1. The FundsCap website (www.fundscap.com) provides a platform and tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on other financial markets. The website also provides access to applications made available by FundsCap and other third parties. The simulated training can be used by users as an educational tool or as an ancillary service.
4.2. Our Services and Platform are CURRENTLY available as a simulator and not a real live trading platform. We assume no responsibility or liability in connection with any attempt to use your Account for reasons we do not support (including trying to trade real live accounts).
4.3. You acknowledge that any trading that you perform through the Service is not real. Funds provided to you during Step 1 and Step 2 are simply for trading on a Live Non-Execute trading account and you have no right beyond the scope of their use within our service. You are not entitled to those funds, and they will not be used for real live trading. Unless expressly agreed otherwise and in conjunction with our Funded Trader Agreement, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.
4.4. Our services for FX, Metals, Commodities, Shares, and Indices are all only quoted 24/5. CRYPTO is quoted 24/7. You can hold any positions over the weekend; however, we do not offer pricing during that period. This means you cannot open, close, or modify any positions from Friday market close until Sunday market open.
4.5. Due to the fact that we are trading on live servers, albeit non-executable, all trading experience will reflect live conditions. This means you may experience positive or negative slippage. If you are holding positions over the unquoted weekend period, significant positive or negative slippage may occur.
5.1. To place an order for the service, you must first register and gain access to the dashboard. From the dashboard, you can choose to open a new account.
5.2. Once you have successfully purchased a new account, your account details will be accessible through the dashboard.
5.3. You can download the MetaTrader desktop platform from the dashboard.
6.1. FundsCap will provide you with access to a trading account called the "FundsCap Account" as part of the Services. The FundsCap Account will be activated when you place your first trade.
6.2. Access to the FundsCap Account and the Trading Platform is protected by login data provided by FundsCap through the Client dashboard or via email.
6.3. You are strictly prohibited from sharing or providing the login data of your FundsCap Account, Trading Platform, or Client Dashboard to any third party. You are solely responsible for safeguarding your login data, FundsCap Account, and all activities conducted through your account or the Trading Platform. FundsCap shall not be held liable, and you are not entitled to any compensation for any misuse of your FundsCap Account, Trading Platform, or any part of the Services resulting from factors beyond the control of FundsCap.
6.4. You acknowledge that the Trading Platform is provided by third party for Brokerage services, utilizing MetaTrader 4 and MetaTrader 5 as the trading platform. The use of the Trading Platform is subject to the contractual terms, conditions, and privacy policy of the provider.
6.5. You are responsible for providing accurate, complete, and up-to-date data to FundsCap. In the event of any changes to your data, you must promptly notify FundsCap from your registered email address and provide supporting documents if applicable. It is your responsibility to ensure the accuracy and currency of the provided data, and FundsCap is not obligated to verify the data.
6.6. The availability of the FundsCap Account and Services may be interrupted for maintenance, upgrades, technical errors, or other reasons. FundsCap shall not be held liable, and you are not entitled to any compensation:
6.6.1. for the unavailability of the FundsCap Account, Dashboard, or Trading Platform, 6.6.2. for any damages or loss of data or other content uploaded, transferred, or saved through your FundsCap Account, Dashboard, or Trading Platform, 6.6.3. or for any interventions or alterations made by FundsCap in your FundsCap Account upon your request.
6.7. Automatic compensation is not guaranteed, and the decision to provide compensation, if any, is at the sole discretion of FundsCap, subject to the limitations of liability stated in Clause 11.
6.8. To utilize the Services, you must have the necessary technical equipment (e.g., smartphone, laptop, or desktop PC) and software, including any required third-party software (e.g., software or operating system for using the Trading Platform), at your own risk and expense.
6.9. FundsCap does not warrant or guarantee the compatibility of the Services with any specific equipment or software. FundsCap provides no warranty regarding the compatibility of the Services with any device, program, or add-on.
7.1. At FundsCap, we support responsible traders who demonstrate talent in trading. We do not endorse traders who attempt to cheat the system or engage in gambling-like "all-or-nothing" trading. Therefore, we have implemented a Responsible Trading Policy that all traders must adhere to.
7.2. Traders are required to comply with the following General Trading Rules:
7.2.1. Prohibited actions include:
(a) Using prohibited trading strategies that exploit errors in the service, such as errors in price display or delays in price updates. This includes, but is not limited to, high-frequency trading (HFT), latency arbitrage, news straddling, and stop order arbitrage.
(b) Executing trades using an external or slow data feed.
(c) Engaging in trades alone or in collusion with others, such as simultaneously entering opposite positions in the accounts or multiple traders placing the same trades.
(d) Utilizing "challenge passing" services or account management services and multiple IP (Internet Protocol) address.
(e) Breaching the Terms and Conditions of the Provider or Trading Platform.
(f) Using software, artificial intelligence, high-speed trading, or mass data entry that may provide an unfair advantage.
(g) Engaging in trades that contradict the proper practices of trading in financial markets or cause financial harm to FundsCap.
7.3. Traders must adhere to the following Risk Management Rules:
7.3.1. In order to protect our capital and assist our traders in succeeding, we closely monitor every account for signs of gambling or reckless trading. Specifically, we look for the following situations:
(a) Risking 100% or more of your drawdown limits in open trades. For example, having open trades totaling 6% risk when the trader's maximum daily loss is 6%.
(b) Risking 50% or more of your drawdown limits in a single trade or across multiple trades on the same instrument. For example, risking 3% on a single position when the trader's maximum daily loss is 6%.
(c) Use martingale.
7.3.2. If we identify a trader displaying reckless behavior, particularly by breaching the guidelines outlined in Clause 7.3.1, FundsCap reserves the right to take action against the trader.
Accounts are regularly reviewed manually, as well as during key events such as progressing from Step 2 (Verification) to Step 3 (Funded Trader) or when a withdrawal is requested. If we observe signs of gambling or an "all-or-nothing" mentality, or if we deem an account to be extremely high risk, we reserve the right to take any of the following actions:
7.4. Traders must comply with the following Automated Trading Rules:
7.4.1. Traders are allowed to use Expert Advisors (EAs) on both Challenge and Funded Trader accounts, as long as the EAs comply with our General Trading Rules in Clause 7.2 and our Risk Management Rules in Clause 7.3.
7.4.2. It is strictly prohibited to use MQL5 signal services or directly copy trades from another FundsCap Trader.
7.4.3. As stated in Section 7.2, General Trading Rules, the use of any high-frequency trading (HFT) strategy or e-trading protocols to execute positions on your account is fully prohibited. This includes, but is not limited to, placing trades through:
(a) API .Net (b) FIX/API protocol (c) ITCH Market Data protocol
7.5. If a trader violates any of the rules within this Section 7, FundsCap reserves the right to immediately terminate the account without issuing a refund.
7.6. If a trader violates any of the rules within Section 7 in collusion with another FundsCap Trader, all involved accounts will be terminated immediately, and no refund will be issued.
7.7. FundsCap reserves the right to terminate any accounts for which there is reasonable suspicion of wrongdoing. No refund will be issued in such cases.
8.1. STEP 1 & 2 (Challenge and Verification)
8.1.1. Step 1 & 2 Details
8.1.1.1. Fees
8.1.1.1.1. Accounts are available in USD. Account sizes and fees are fixed and will be billed in the chosen currency.
Step 1 Size (USD) Fee (USD)
8.1.1.1.2. The fee mentioned above is a one-time fee for Step 1, the Challenge.
8.1.1.1.3. Fees are non-refundable once a trade has been placed on the account, except when Step 1 and Step 2 are successfully completed. The fee will be reimbursed together with the first withdrawal request as a Step Funded Trader.
8.1.1.1.4. The maximum capital allowance for Challenge and Verification accounts is $600,000. If additional accounts are purchased that exceed this maximum capital allowance, they will be closed, and a refund will be issued.
8.1.1.2. Rules
(a) Daily Drawdown Rule
The constant value of the Maximum Daily Loss is 6% for challenge accounts. For example, if a trader has a $100,000 challenge account, his maximum daily loss would be $6,000 (6% of $100,000) on the first day.
It is important to note that our platform calculates the daily DD considering the current Equity in relation to the balance 24h ago and the equity includes both the realized and unrealized profit and loss (P&L) of the trader's open positions.
To illustrate, let's consider the same example of a trader with a $100,000 account. Let's say he incurred a loss of $1,500 at 2pm on the first day of trading, leaving him with a balance of $98,500 at the end of that day. The following day, the maximum daily loss limit would be $6,000 (6% of $100,000) until 2pm and after that time it would reset, allowing the trader to potentially lose up to $5,910 (6% of $98,500). ); because new the balance 24 hours ago is US$ 98,500.
(b) Max Drawdown Rule
During Step 1 and Step 2, the account equity of the customer's FundsCap Account must not fall to or below 12% of the account equity at the start of the Step. This is known as the Max Drawdown Rule.
For example, if a trader purchased a $100,000 account, their equity or balance cannot drop to or below $88,000.
(c) Inactivity Rule
If a trader remains inactive for 30 days, FundsCap reserves the right to close the account without issuing a refund. This is done to reallocate resources and ensure optimal performance of our trade servers and dashboard.
(d) Responsible Trading Policy
Traders must not breach any rules set out in the Responsible Trading Policy, Section 7. This includes:
i.) 7.2. General Trading Rules
ii.) 7.3. Risk Management Rules
iii.) 7.4. Automated Trading Rules
8.1.1.2.1. Violating the Daily Drawdown Rule, Max Drawdown Rule, Inactivity Rule, or the Responsible Trading Policy may result in account termination. If the funded request is rejected due to breaching the Responsible Trading Policy, the trader may be required to retry Step 1, as stated in 7.3.2.(c) and (a).
8.1.1.2.2. FundsCap Limited reserves the right to change the rules for Challenge and Verification Accounts at any time.
8.1.1.2.3. If it is discovered at a later time that a trader has breached any of the terms and conditions, FundsCap reserves the right to terminate the account. In such cases, no refund will be issued.
8.1.1.3. Targets
(a) Profit Target
To complete Step 1, the trader must achieve a total profit of 8% of the initial account capital with all positions closed and without breaking any rules outlined in 8.1.1.2. This will allow them to proceed to Step 2.
To complete Step 2 and move on to the Final Step (Funded Trader), the trader must achieve a total profit of 5% of the initial account capital with all positions closed and without violating any rules outlined in 8.1.1.2.
8.1.2. Final Step (Funded Trader) Details
8.1.2.1. Rules
(a) Daily Drawdown Rule
The constant value of the Maximum Daily Loss is 6% for challenge accounts and 3% for instant accounts. For example, if a trader has a $100,000 challenge account, his maximum daily loss would be $6,000 (6% of $100,000) on the first day. 7
It is important to note that our platform calculates the daily DD considering the current Equity in relation to the balance 24h ago and the equity includes both the realized and unrealized profit and loss (P&L) of the trader's open positions.
To illustrate, let's consider the same example of a trader with a $100,000 account. Let's say he incurred a loss of $1,500 at 2pm on the first day of trading, leaving him with a balance of $98,500 at the end of that day. The following day, the maximum daily loss limit would be $6,000 (6% of $100,000) until 2pm and after that time it would reset, allowing the trader to potentially lose up to $5,910 (6% of $98,500). ); because new the balance 24 hours ago is US$ 98,500.
(b) Max Drawdown Rule
During the Final Step (Funded Trader), the account equity of the customer’s FundsCap Account must not fall to or below 12% and 8% for instant accounts. This is known as the Max Drawdown Rule.
For example, if a trader purchased a $100,000 account, their equity or balance cannot drop to or below $88,000.
(c) Inactivity Rule
If a trader remains inactive for 30 days, FundsCap reserves the right to close the account without issuing a refund. This is done to reallocate resources and ensure optimal performance of our trade servers and dashboard.
(d) Trading Behaviour
The trader must continue using the same trading strategy as during the Challenge. Any change in trading strategy may include but is not limited to:
i.) Increase/decrease of average trade size when funded.
ii.) Clear difference in instruments traded when funded.
iii.) Increase/decrease of average stop loss size when funded.
iv.) Increase/decrease in trade frequency/quantity when funded.
(e) Responsible Trading Policy
Traders must not breach any rules set out in the Responsible Trading Policy, Section 7. This includes:
i.) 7.2. General Trading Rules
ii.) 7.3. Risk Management Rules
iii.) 7.4. Automated Trading Rules
8.1.2.1.1. Violating the Daily Drawdown Rule, Max Drawdown Rule, Inactivity Rule, or the Trading Behaviour Rule may result in account termination. Breaching the Responsible Trading Policy may lead to resetting the trader's funded account balance as per 7.3.2.(c), a temporary reduction of profit split to 25% as per 7.3.2.(e), refusal of withdrawal as per 7.3.2.(f), rejection of scaling request as per 7.3.2.(g), or in extreme cases, account termination as per 7.3.2.(h).
8.1.2.1.2. FundsCap Limited reserves the right to change the rules for Funded Trader Accounts at any time.
8.1.2.1.3. If it is discovered at a later time that you have breached any of our terms and conditions, we reserve the right to terminate your account. In the event this happens, you will not be entitled to a refund.
8.1.2.2. Withdrawing Profits
8.1.2.2.1. To qualify for a withdrawal, you must meet ALL of the following conditions:
(a) Your account must be active.
(b) You must not have made a withdrawal from this account in the last 7 calendar days.
(c) You must not have violated any of the rules outlined in 8.1.2.1.
8.1.2.2.2. Withdrawals can be requested 30 days after the opening of the first trade on the Step Funded Trader.
8.1.2.2.3. Once a withdrawal is requested, the amount will be deducted from your account balance. You can continue trading immediately.
8.1.2.2.4. The standard profit split for Challenge accounts is 80% and for instant accounts is 70%. However, this may vary if:
(a) You purchased an account in a campaign with different conditions.
(b) You violated the Risk Management Rules of the Responsible Trading Policy and have been temporarily given a reduced profit split as per 7.3.2.(e).
8.1.2.2.5. The trader may request a maximum profit of 2% of the capital per withdrawal request from instant accounts.
8.1.2.2.6 A single trade cannot represent 33% or more of the profit made.
8.1.2.3. Profits
8.1.2.3.1. Traders have the possibility to increase their share of profits as follows:
The profit percentages already reached, remained as long as the trader is with the “FundsCap account”, unless he is penalized for violating any of the rules, according to the item 7.3.2.(e).
9.1. The fees for FundsCap Accounts vary depending on the user's selection and other factors such as the amount of initial capital and the account type chosen.
9.2. However, we reserve the right to provide our service on different conditions to any individual or legal entity at our sole discretion. Prices/fees are not fixed and may be subject to change at any time without prior notice. Any changes in prices/fees will only affect future orders. We may offer discounts or promotional vouchers from time to time, but these are subject to change and will be at our sole discretion. Once the promotion or discount/voucher period ends, you will be charged the standard price for the product. We have the right to end any discounts or promotions at any time without prior notice.
9.3. Payments of fees are accepted in the currency selected by the user. If payment is made using a currency not available on the website, the user agrees that the payment will be subject to the market exchange rate at the time of payment.
9.4. Payment can be made using credit/debit cards via Stripe, using cryptocurrency via LetKnow, or through PIX transfer via SqalaPay. Payments will be processed immediately. The user agrees to pay all charges incurred in paying the fees through their selected payment service provider. The user agrees to make payment in full as quoted by FundsCap Limited.
9.5. During the payment process, you may be required to provide certain relevant information, including your name, phone number, address, email address, billing address, card details, and any other information necessary for the completion of the payment. None of this information will be seen, stored, or held by FundsCap. It will be encrypted by either Stripe, LetKnow, or SqalaPay.
9.6. Please note that service charges do not include all taxes. If you are a legal entity or trader, it is your responsibility to pay all required taxes related to using our service.
9.7. To ensure the protection of our service against illegal activities, please be aware that third-party payments are not available. The payment method details must match the Know Your Customer (KYC) and withdrawal details provided.
10.1. Payments made on this website are final and non-refundable. The fees paid on the website are for access to the FundsCap challenge or services provided under it.
10.2. However, a user may request a cancellation and withdraw from the contract within 14 days of placing an order without giving a reason. To do so, the user must send an email to [email protected] to complete the withdrawal and cancel the order. Refunds, if applicable, will be processed to the original payment method used for the order. PLEASE NOTE THAT CANCELLATION AND REFUNDS UNDER THIS CLAUSE ARE NOT AVAILABLE IF A USER HAS PLACED A TRADE ON THEIR ACCOUNT WITHIN THE 14-DAY PERIOD STATED HERE. IF A USER PLACES A TRADE ON THEIR ACCOUNT WITHIN 14 DAYS OF MAKING AN ORDER, THEY WILL NOT BE ENTITLED TO A REFUND UNDER THIS CLAUSE.
10.3. If a user chooses to cancel their account after trading on it, fails to meet the conditions of the FundsCap Challenge after completion or verification, or violates any terms of this Agreement, they will not be entitled to a refund even if the order or contract is cancelled.
10.4. In the event of a defective service, where we have been unable to deliver the services as promised, you must notify us immediately. We will attempt to remedy the situation within 30 days of receiving the complaint. If we are unable to remedy the defective service after this period, you may choose to withdraw from the contract by sending an email to [email protected] or claim a reasonable discount. If you choose to withdraw from the contract, we will provide a refund of any fees already paid.
10.5. You must not unjustifiably dispute a fee or payment you made through chargeback services, dispute services, or similar methods. If you make an illegitimate claim for a refund or cancellation, we reserve the right to cancel our service to you, refuse any future use of our website and services, and take appropriate legal action if necessary.
11.1. In the event of any claim that our service has been used fraudulently and/or for illegal activities, we will cooperate with the authorities in their investigation. If such claims are found to be true, the user involved will be flagged and blacklisted from using our services.
11.2. If there is any claim of unauthorized use of your payment card or any other fraudulent use of payment cards, we will assist the bank and police authorities in their investigations. This may include providing them with all relevant details about you, card authentication, and any communications through or related to the website and services previously ordered.
12.1. All content included on the Website, unless uploaded by users, such as text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of FundsCap Limited (www.fundscap.com), our affiliates, or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store, or otherwise reuse material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
12.2. FundsCap Limited grants you a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the information provided on our website (www.fundscap.com) for your personal, non-commercial use and in accordance with the purpose for which the Services are provided. You are not permitted to sell or transfer the use of such information to any third party without the express written consent of FundsCap Limited.
13.1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FundsCap Limited (www.fundscap.com) or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any loss or damage arising from their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them. We advise you to read through their terms carefully before using the linked sites.
14.1. When registering or completing the order form for the use of our service, you may be required to provide certain information. You must not impersonate someone else or create or use someone else's identity other than your own.
14.2. By continuing to use this Website, you represent and warrant that:
(a) all information you submit is accurate and truthful;
(b) you have permission to submit payment information where required; and
(c) you will keep this information accurate and up to date.
14.3. Any data provided on the order form can be changed, corrected, or updated on your account/profile. You are responsible for the information you provide and agree to inform us if any of the information changes. We are not obligated to verify any data provided to us.
14.4. We accept no liability for any losses or damages incurred as a result of your login details or other account information being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. If you suspect that your account details have been obtained by another person without your consent, you should contact FundsCap Limited immediately to suspend transactions or trading on your account.
14.5. Users are only allowed to have one email account login. Creating multiple accounts is a violation of our terms.
14.6. The total number of FundsCap challenges and verifications per user may be limited based on the initial capital amount or other conditions set by FundsCap Limited. The initial capital should not be transferred between products, and users are not permitted to transfer or combine performance, data, parameters, or other information between products.
14.7. Access to your account and/or the platform is through your login details. You should not share access to your account with any third party without our express written approval. We will not be held responsible for any damages suffered from sharing your login details. If you are a legal entity (such as a company), you may share access with your employees, affiliates, or representatives. Any activity performed on your account is your sole responsibility, and we will not be held responsible for any misuse of your account or trading platform.
14.8. Users may request the cancellation or termination of their account or Live Non-Execute trading platform at any time by sending an email to [email protected]. Please note that if your account is canceled or terminated upon request, all services will cease, and no refunds will be provided.
14.9. If you are an entrepreneur (trader) using the service and are required to provide an identification number or tax registration number, you will be regarded as an entrepreneur, and some terms or offers in this Agreement may not be applicable to you.
14.10. The Trader gives FundsCap permission to use any Funded Status and Withdrawal certificates as promotional material on any platform. This allows FundsCap to use these certificates as proof to prospective Traders.
15.1. When using the website and our service, you must adhere to the following rules:
(a) Your means of identification must not violate these Terms and Conditions or any applicable laws.
(b) You must communicate politely with our staff if you contact them and refrain from using swear words or making racist, sexist, or threatening remarks towards them.
(c) You must not display, publish, copy, print, post, modify, or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent.
(d) You must not use our site or services for illegal activities.
(e) Any attempt to publish or send malicious content, including spyware, viruses, or other similar items with the intent to compromise another member's account or computer environment, is strictly prohibited.
(f) You must not use any robot, spider, site search/retrieval application, or other automated devices, processes, or means to access, retrieve, scrape, or index any portion of the Site or any Site Content.
(g) You acknowledge that your access to and use of the Services may be restricted or prohibited by laws in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
16.1. We reserve the right to terminate your transaction if we observe that you have breached any terms of this agreement. You will be notified by email, and an explanation for the termination will be provided. Furthermore, FundsCap Limited reserves the right to terminate your account or contract with us at any time without any notice to you.
16.2. We may also terminate your contract or account with us as specified under the clauses of this Agreement.
17.1. Your safety when using our site is of utmost importance to us. Therefore, we will take all reasonable skill and care to ensure your safety while using our website. However, please note that while we strive to use commercially acceptable means to protect users, no method of transmission over the Internet is 100% secure. We cannot guarantee the absolute security of the website.
17.2. We will make every effort to maintain the operation of the Site for the Service. However, there may be instances where we need to temporarily suspend the Service for operational reasons, such as repairs, planned maintenance, or upgrades. We promise to restore the Service as soon as reasonably possible after any suspension. We will not be liable for any damages or losses suffered by users due to the inoperability of the website.
17.3. If we are unable to fulfill our promises in these Terms due to circumstances beyond our reasonable control, including disputes involving our employees, affiliates, partners, or a shutdown or interruption in trading, we will not be held liable for such circumstances.
18.1. We do not provide any warranty or representation that the Website will meet your specific requirements, be fit for a particular purpose, compatible with all systems, secure, or that all information provided will be accurate.
18.2. You understand that the financial market is highly volatile and unpredictable, and there is a risk of complete loss of any initial capital. Therefore, we do not guarantee any specific results from the use of our service. The services provided are "as is," and we do not guarantee any profit or interest. You use our service at your own risk, and we shall not be held liable for any loss incurred as a result of your actions outside the service provided.
18.3. While we strive to ensure that all descriptions of Services on www.fundscap.com correspond to the actual Services, we are not responsible for any variations from these descriptions. This disclaimer does not exclude our liability for mistakes due to negligence on our part and pertains only to variations of the correct Services, not entirely different Services.
18.4. Any previous performances and profits mentioned on the website are not a guarantee or indication of future earnings or trades.
18.5. While we make efforts to ensure the security and error-free nature of the Website, we cannot guarantee its absolute security and freedom from viruses or other malware. Users are responsible for their own security, personal details, and computer systems. It is your responsibility to acquire the necessary technical equipment and software, including third-party software like the trading platform, at your own expense and risk. We do not guarantee compatibility with any specific equipment or software.
18.6. The links to third-party websites provided on the Site have not been verified or reviewed by FundsCap Limited. Your use and access to such third-party websites are at your own risk.
18.7. You acknowledge and agree that FundsCap Limited does not operate or control the trading platform. The terms, conditions, privacy policy, and cookies policy of the trading platform will apply to your transactions on that platform. We recommend that you carefully read their terms and conditions, privacy policy, and cookies policy before using the trading platform.
18.8. The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other form of advice. We do not recommend entering into any trades. All activities carried out on the trading platform are at your own discretion, and you shall not hold FundsCap Limited responsible for any trading actions.
19.1. FundsCap Limited (www.fundscap.com) reserves the right to change the Website, its content, any functions, or the conditions of the services provided, as well as these Terms and Conditions, at any time. We will provide you with reasonable notice of any changes to these Terms and Conditions, except where we are required by law to make immediate changes. Any changes will apply automatically to any pending transactions and any future transactions you place. By continuing to use the Website, you are bound by the updated Terms and Conditions.
20.1. To the maximum extent permitted by law, www.fundscap.com accepts no liability for any direct or indirect loss or damage, whether foreseeable or not, including any indirect, consequential, special, or exemplary damages arising from the use of the Website, any information contained therein, or the use of our service. Users use the Website, its content, and services at their own risk. We are not liable for any disruption or unavailability of the Website, third-party services, or websites resulting from external causes, including but not limited to ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship20.2. Unless caused by our negligence and reasonably foreseeable, we will generally not be liable for:
(a) any incorrect or inaccurate information on the Site and interruptions or delays in updating our website/Service;
(b) the infringement by you of any third-party Intellectual Property Rights;
(c) any loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data, or other property caused by accessing, using, or downloading the Site or receiving emails or attachments from www.fundscap.com or its licensees.
21.1. You agree to defend, indemnify, and hold harmless FundsCap Limited, its employees, directors, shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to our site (www.fundscap.com) and our services;
(b) your violation of any term or condition of this Agreement, including your breach of any representations and warranties contained herein;
(c) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights;
(d) your violation of any applicable law, rule, or regulation;
(e) any fraudulent behavior, willful misconduct, or gross negligence.
21.2. The parties warrant to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and not to damage the good reputation and legitimate interests of the other party.
22.1. Any default, delay, or omission of any provision of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We retain the right to pursue any omitted or failed payment by you at any time.
23.1. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall continue to be valid and enforceable. The invalid or unenforceable part shall be severed from the rest of this Agreement.
24.1. If a dispute between a user and FundsCap Limited cannot be resolved through informal discussion within 14 days of its occurrence, the parties agree to attempt mediation and, if mediation fails, to submit the issue to an arbitrator. The decision of the arbitrator will be binding. The cost of mediation or arbitration shall be borne by the party bringing the claim.
24.2. This does not prevent either party from seeking immediate relief in cases of imminent harm, pursuing court proceedings, or exercising other rights and remedies available for a breach of this Agreement.
25.1. In the event of any conflict between these Terms and Conditions and any prior versions, or any version of the Responsible Trading Policy, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
26.1. These Terms and Conditions do not confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FundsCap Limited.
27.1. These Terms and Conditions and the relationship between you and FundsCap Limited shall be governed by and construed in accordance with the laws of Ireland. You agree to submit to the exclusive jurisdiction of the courts in the country.
28.1. These Terms, the Privacy Policy, refund policy, and any other agreements contained on the Site or agreed upon by the parties constitute the entire agreement between you and FundsCap Limited.
29.1. If you have any questions about our company's Terms and Conditions or if you would like to exercise any of your data protection rights, please do not hesitate to contact us using the contact details provided on this website or by emailing us at [email protected].