Terms and Conditions 3

TERMS AND CONDITIONS

 

OVERVIEW

These Terms and Conditions (collectively “Terms” or “Agreement”) establish the legal framework for the use of services for demo funded accounts trading (the “Services”) provided by Garuda Education and Training Pte Ltd, UEN: 202342938C, primarily accessible via www.thepropgame.com (the “Website”).    Customers ar under no obligation to use the Services  and should only do so, if they fully understand and agree to these T&Cs. Any use of the Services implies acceptance of these terms.

  1. INTRODUCTION
    • General Agreement: Customers must agree to these Terms upon registering on the Website or, registration isn’t required, before using the Services for the first time.

In accessing, using, or interacting with this Website, or by availing themselves of the Services herein, or by assenting to these Terms in any manner, the Customer expressly acknowledge and consent to be legally bound by these Terms of Garuda Education and Training Pte Ltd with its address at 60 Paya Lebar Road, #07-54 Paya Lebar Square, Singapore 409051 (referred to as the “Company”).

  • Integration with other Agreements: These Terms complement and do not modify or supersede any other contracts the Customer may have entered into with the Company regarding products, services, programs, or other matters. Where additional policies or terms apply to specific segments of the Website or to the procurement of certain services, such policies and terms are deemed incorporated into these Terms, irrespective of whether they explicitly reference these Terms.
  • Incorporation of Specific Policies:
  1. Knowledge Base/FAQ: The Knowledge Base/FAQ including all its rules and conditions as amended periodically, is incorporated by reference into these Terms. By accepting these Terms, the Customer agrees to comply with all regulations and guidelines stipulated within the Knowledge Base/FAQ and other informational resources available on the Website.
  2. Refund Policy: The Customer is subject to the terms of the Refund Policy, as outlined in a separate section or document.
  3. Privacy Policy: The Customer’s use of the Website and Services is also governed by the Privacy Policy, which outlines our data handling practices and the Customer’s privacy rights.

1.4  Legal Entity Customers: The Customer acknowledges that if the Customer has set up a legal entity, the Customer will be considered a Corporate Customer.   

  1. ORDERING SERVICES

2.1 Ordering Services: The Customer can order the Services through the Website and the mobile application. Upon registration, the Company will e-mail the login details for the Trading Platform, granting access to the Customer. 

2.2 Customer Data Accuracy: All data that the Customer provides  us through the registration or through the order form or otherwise, must be complete, true, and up to date. The Customer must immediately notify the Company of any change in his/her data. The Customer is responsible for all the data provided being accurate and up to date, and the Company may, in its own discretion, verify the data. 

2.3 Order Form and Contract Confirmation: Any data entered in the Order Form can be checked, corrected, and amended until submission of the Form. The Company will confirm the receipt of the Customer’s payment via email, constituting  contract execution in English. 

2.4 Technical Requirements: The Customer acknowledges that the appropriate technical equipment and software are to be obtained at his/her own risk and expense. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at the Customer’s own risk and expense. The Company does not warrant that the Services are compatible with the Customer’s software. 

2.5 Terms of Platform operators: Customers acknowledge that the operators of trading platforms are persons or entities can be different from the Company and that their own terms and conditions and privacy policies will apply when you use their services and/or products. Before sending an Order Form, Customer is obligated to read those terms and conditions and privacy policies.

  1. SERVICES
  • NATURE OF SERVICES
  1. Service Overview: Services consist of the provision of tools for simulated trading, provision of analytical tools, training and educational materials, the access to the Client Section, and other ancillary services, in particular through the Client Section or by the provision of access to applications provided by the Company or its third parties.
  2. Simulated Trading: The Services provided by the Company give the Customer access to a simulated trading environment. The Customer acknowledges that any trading that he/she performs through the Services is not real and carries no monetary value.
  3. Funds in Simulated Accounts: The Customer acknowledges that the funds provided for demo trading are not real and that he/she has no right to possess those funds beyond their use in the Services.   The funds can not be used for any actual trading, nor entitle customers to any real-world financial claims.  
  4. No Compensation for Simulated Trading: Customer will not be paid any compensation or gains based on the results of the simulated trading, nor will be liable for any simulated losses.
  5. Access to Funded Account: The Services include the subsequent potential access to the thepropgame.com Funded account, for trading, upon successful completion of the simulated trading Pay as You Progress Evaluation, Instant funded account or Multiplier Challege accounts.
  6. Customer Support: The Company provides customer support via live chat and emails during the business hours of Singapore (9AM to 6 PM SGT) on all the 5 weekdays. The support time might extend based on the customer request volume and availability of the support staff.The communication with the Customers will be conducted primarily in English.When other language support is available, customers will be notified. 

 

  • LIMITATIONS
  1. Age and Geographical Restrictions: The Services are only intended for persons over the age of 18 residing in a country for which the Services are available. By registering on the Website, or using the Services (as applicable), the Customer confirms that he/she is over 18 years of age. Usage of the Services by individuals under 18 or from non-supported countries is prohibited. By accessing the Services, Customer agrees to hold the Company harmless for any actions or consequences resulting from his/her failure to comply with our age and/or geographical restrictions requirement as set out in this section or elsewhere on the Website.
  2. Consistency in Trading: The trades taken in any of the demo account phases should be consistent in terms of profit/loss generation and in terms of trading volume. The trade sizes shouldn’t increase/decrease drastically between the demo trades of the trader. If the consistency is not up to the mark, the trader may forefeit the reward made from the demo trading, unless the Company has made an exception on a case-by-case basis. Customer can reach out to the Company to seek further clarifications to this clause, where deemed necessary.
  3. Protective Measures Against Unusual Orders: If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Company may notify the Customer through an email or the Client Section, as a protective precaution to mitigate potentially harmful behavior of the Customer. If such unreasonable behavior continues after such notice, Company reserves the right to suspend any further orders of the Services by the Customer. If Company identifies that the unusual behavior as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions as identified in Section 5 of these Terms. The Company, reserves the right to determine, at its own discretion, the nature of the behavior.
  1. FEES AND PAYMENTS 

4.1  Evaluation Fee: The fee for the evaluation program varies according to the selected option and depends on the amount of the initial virtual capital, the degree of the acceptable risk, and other parameters that must be satisfied so that the conditions of the Evaluation are met. More detailed information on individual options and fees for those options is provided on Company’s Website. The final fee will be determined based on the option selected by the Customer at the time of completing the form for ordering the Evaluation.

4.2 Fee Payment and No Refund Policy: Upon payment of the fee finally established, the Customer is granted access to the Evaluation program, the Chosen Evaluation program. The Customer is not entitled to a refund of the fee, including but not limited to cases where (i) the Customer cancels the participation and requests the cancellation by e-mail or live chat, (ii) the Customer terminates the use of the Services prematurely (e.g. fails to complete the Evaluation), (iii) fails to meet the conditions of the Evaluation or (iv) violates these T&C.

4.3 Fee Dispute: If the Customer lodges an unjustifiable complaint regarding the paid fees, or disputes the paid fees with the Customer’s bank or payment service provider, on the basis of which cancellation or refund of the fees or any part thereof is requested, the Company may, at its own discretion, stop providing all or any services to the Customer.

4.4 Changes to Fees and Service Parameters: The Company reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

4.5 Payment Currency and Conversion: Customers can pay the fees for their chosen Evaluation programme using the methods currently offered on the Website, in USD or via Cryptocurrency. If the payment is made via cryptocurrency, it will be converted to USD equivalent value of the program based the current exchange rates shown by the third-party payment service provider of the Company.

4.6 Payment of taxes: Service charges are inclusive of all taxes. A Corporate Customer is obliged to fulfil all his tax obligations in connection with the use of our Services in accordance with applicable laws and regulations.

4.7 Payment Completion and Fees: The fee is deemed paid when its full amount is credited to the Company’s account, or where its 3rd party payment service provider acknowledges the payment received. Late payments may lead to order cancellation. All or any transaction fees charged by the  payment service  shall be borne by the Customer and the Customer must ensure that the fees for the selected challenge is paid to the Company in full. 

  1. CUSTOMER ACCOUNT

5.1 Account Creation: The Customers shall be given access to the demo Funded Accounts upon successful completion of the challenge stage in Pay as You Progress model. Instant funding evaluation program and Multiplier evaluation program allows creation of an Account directly after the successful payment for the chosen program.

5.2 Account Limitations: Each Customer is allowed multiple funded trading accounts, provided the total amount in the accounts of the Customer doesn’t exceed the maximum allocation limit per trader. Details can be found in  the Knowledge Base/FAQ section of the Website. The  number of funded accounts may be limited based on the initial capital amounts and other factors. For avoidance of doubt, transferring or merging performance, data, or other information between funded accounts is not permitted.

5.3 Unlimited Challenges and Verifications: Customers may participate in an unlimited number of evaluation programs.

5.4 Account Security:

  1. The Customer acknowledges and agrees that the access credentials for accessing the Client’s Dashboard, Customer Accounts and Funded Trading Accounts, including but not limited to usernames and passwords, are strictly confidential. The Customer shall not disclose such credentials to any third party under any circumstances. A breach of this confidentiality obligation will constitute a material breach of these Terms. In the event of such a breach, the Customer will indemnify and hold the Company harmless from any losses, damages, or expenses incurred by the Company as a result of such breach. This may include, but is not limited to, legal costs and fees, and any liabilities arising from unauthorized transactions or actions taken by third parties who have gained access through such a breach. Furthermore, the Company reserves the right to take legal action and/or suspend or terminate the account, at the Company’s discretion.
  2. In the event that the Customer is a legal entity (“Corporate Customer”), such entity is permitted to designate and authorize specific representatives to utilize the Services provided herein. The Corporate Customer must provide satisfactory Know Your Customer (KYC) information for each designated representative in accordance with the Company’s KYC policies and procedures. The Corporate Customer assumes full responsibility for ensuring that such representatives comply with these Terms and any other applicable policies or guidelines. The Corporate Customer also agrees to provide updated KYC information promptly upon request and to conduct regular reviews to ensure that the information remains current and accurate. Failure to provide and maintain accurate KYC information may result in the suspension or termination of the Services.

In the event that the Customer is a legal entity, such entity is permitted to designate and authorize specific representatives to utilize the Services provided herein. The Corporate Customer assumes full responsibility for ensuring that such representatives comply with these Terms and any other applicable policies or guidelines.

  1. The Customer shall bear sole responsibility for all activities conducted through the Client’s Dashboard, Customer’s Account and/or Funded Trading Account. This responsibility encompasses all transactions and actions undertaken by any person accessing the account, regardless of whether such access is authorized or unauthorized by the Customer.
  1. Notwithstanding any provision contained herein to the contrary, or on the Website, or in any ancillary documents, the Company shall not be liable, under any circumstances, for any misuse of the Client’s seCustomer’s Account, Funded Trading Account or any part of the Services, nor for any adverse consequences arising therefrom. The Customer hereby expressly agrees to indemnify and hold the Company harmless from any claims, losses, damages, or liabilities incurred due to such misuse.
  1. The Customer expressly acknowledges and agrees that no compensation, reimbursement, or damages shall be claimed from the Company in relation to any unauthorized use, misuse, or consequential damages arising from the use of the Customer’s Account or Funded Trading Account. The Customer waives any and all rights to such claims against the Company.

5.5 Service Availability: Customer explicitly acknowledges and agrees that the Services provided may not be available on a 24/7 basis. This potential unavailability could arise due to various reasons, including but not limited to routine maintenance, necessary upgrades, or unforeseen circumstances. The Company explicitly disclaims any responsibility for such service interruptions. Under these circumstances, the Customer expressly waives any right to seek compensation or damages for any downtime or unavailability of the Services, regardless of the reason or duration of such unavailability. The Company is not responsible for any damage or loss of any data or other content that Customer uploads, transfers or saves through the Customer Account or Funded Trading Account, during this period of unavailability.

5.6 Accounts Created in Error: Any Customer Account created in error, as a result of a technical  error, will be disqualified and disabled. If a Customer purchases a Challenge Phase account directly without finishing the Verification Phase in Pay as You Progress model, the trading results will not be considered on the Challenge phase – It is important to note that in such instances, the Customer will not be eligible for a refund of any fees already paid or for reimbursement of any other costs incurred irrespective of the phase pass/fail result. The Company can take further action at its discretion based on the Customer’s justification for this purchase.

5.7 Account Cancellation:  Customers wishing to terminate their account must submit a cancellation request via email to   support@thepropgame.com . This action is regarded as the Customer’s initiative to end their business association with the Company. Following this request, the Customer will lose access to all Services, including his/her Client Dashboard, Customer Account and Funded Trading Account. Upon receipt of the cancellation request, the Company will acknowledge it via email, thereby concluding the contractual agreement between the Customer and the Company. It is important to note that in such instances, the Customer will not be eligible for a refund of any fees already paid or for reimbursement of any other costs incurred.

RULES OF DEMO TRADING

5.1 Operational Guidelines for Demo Trading: In the course of utilizing the Trading Platform for demo purposes, the Customer is permitted to engage in trading transactions, barring those that fall under the category of Prohibited Trading Strategies or practices, as outlined in clause 5.3. The Customer is also bound to maintain good faith and adhere to recognized market standards and practices pertinent to trading in financial markets. Restrictions may also be imposed by the trading conditions of the Trading Platform that you have selected for trading.

5.1.1 Position Management Obligation: The trader acknowledges his/her responsibility to close all open positions prior to the markets closure for the weekend, if the weekend trading is not allowed in that funding model category as mentioned on the website.

5.1.2 Price and Product Availability Acknowledgment: The Customer acknowledges that while trading on a demo Account, both prices and products availability are subject to change without prior notice.  The Company commits to rectifying any identified errors and retains the authority to withdraw any offer, rectify errors or omissions, whether prior or subsequent to the submission and/or confirmation of an Order. In the event of revocation, the Company will  process the appropriate credit within a reasonable time after your Order has been revoked. 

5.2 Data Sharing and Usage Consent: The Customer acknowledges that the Company has access to information about the demo trades that the Customer performs on the Trading Platform. The Customer grants the Company his/her consent to share this information with  affiliated parties, including those within the Company’s group or otherwise connected to the Company.   Customer  authorizes both the Company and these affiliated parties to utilise this information at their own discretion.  This consent encompasses automatic processing of the data, requiring no additional consent, notification, or authorization from the Customer. The Customer agrees that he/she is not entitled to any form of compensation related to the utilization of this data by the Company.

The Customer is aware that the COMPANY DOES NOT PROVIDE ANY FORM OF INVESTMENT ADVICE. The Customer acknowledges that the Company may suspend the Customer’s demo trading account at any time, at the Company’s sole discretion. 

5.3 Forbidden Trading Practices:   

5.3.1 During Demo trading, following practices are prohibited.

(a) Exploitation of Service Errors: Engaging in trading strategies that intentionally or unintentionally capitalize on faults within the service, such as inaccuracies in price displays or delays in their updates, is strictly forbidden.

(b) Market Manipulation: Conducting trades, either independently or in collaboration with others (including across interconnected accounts or accounts under various entities), with the intent to manipulate the market is prohibited. This includes, but is not limited to, establishing opposite positions simultaneously to create a misleading market impression.

(c) Breach of Terms & Conditions: Executing trades that are in direct violation of these Terms & Conditions is not permitted.

(d) Non-Standard Market Practices: Engaging in trading activities that deviate from standard practices in forex or other financial markets, or in a manner that raises legitimate concerns about potential financial or other damages to the Company, is prohibited.

5.3.2 Additional Restrictions

As a valued Customer of our Services, you are required to acknowledge and agree to the following stipulations regarding the usage of your demo accounts created with the Company:

  1. Personal Use Restriction: The Services provided are exclusively for the Customer’s personal usage. Only the Customer is authorized to access and execute trades on its Customer Account. Customer shall not permit any third party to access or trade on the Customer Accounts. This prohibition extends to all forms of collaboration or engagement with any third party, irrespective of their status as a private individual or a professional, for the purpose of conducting trades on Customer’s behalf. Customer shall not provide any form of account management or similar services wherein the Customer agrees to trade, operate, or manage the Demo Trading Accounts for another user, whether in a professional capacity or otherwise.
  2. Consequences of Non-Compliance: Any action or behavior that contravenes the aforementioned stipulations will be deemed a ‘Forbidden Trading Practice’ as per Section 5.3.1 of these Terms and Conditions, with corresponding consequences as outlined therein.
  3. Prohibition of Non-Standard Risk Management Practices: Customers are prohibited from exploiting the Services by engaging in trades that do not adhere to standard market risk management rules. Prohibited practices include, but are not limited to: (i) Opening positions that are substantially larger in size compared to Customer’s other trades, either on this account or any other account you hold. (ii) Opening a substantially different number of positions, either smaller or larger, compared to Customer’s other trades, again applicable to this or any other account the Customer holds.

5.4 Discretionary Authority on Trading Practices: The Company reserves the exclusive right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Forbidden Trading Practices. 

5.5 Consequences of Engaging in Forbidden Trading Practices: If the Customer engages in any of the Forbidden Trading Practices described in clause 5.3 or 5.4, 

(i) the Company is entitled to consider it as a failure to meet the conditions of the Evaluation phase, or

(ii) the Company reserves the right to exclude from the Customer’s trading history any transactions that infringe these rules, or to disregard their results in the calculation of profits and/or losses incurred during demo trading, or 

(iii) The Company may also opt to terminate all Services provided to the Customer and consequently end the business relationship.

5.6 Repercussions for Continuous Infringements: If the Customer persistently engages in any of the practices described in clause 5.3 , particularly after being notified by the Company, the Company is authorised to restrict the Customer’s access to all the Services without any form of compensation. Under these circumstances, the Customer is not entitled to a refund of any fees already paid. 

5.7 Company does not bear any responsibility for trading or other investment activities performed by the Customer outside the relationship with the Company, for example by using data or other information from the Customer Account, Trading Platform, or otherwise related to the Services in real trading on financial markets, not even if the Customer uses the same Trading Platform that the Customer uses for demo trading.

5.8. DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE CUSTOMER’S DEMO TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.

THEPROPGAME.COM EVALUATION MODELS

6.1. Pay as You Progress Evaluation

 

6.1.1 Evaluation Initiation: Upon payment for the chosen Evaluation program, the Customer will be provided with login details for the Demo Account at their provided email address on record with the Company. The Evaluation officially commences when the Company shares the login credentials with the Customer.

6.1.2 Evaluation Completion Criteria: To successfully complete the Evaluation program, the Customer must simultaneously meet all specified parameters by the end of the program.

6.1.3 Verification Phase: If the Customer fulfills the Pay as You Progress model’s First phase parameters as detailed in clause 6.1.2 and adheres to these Terms, the Company will recognize the Verification phase as successful. Upon payment for the second phase from The Customer, the Company will then send the Challenge login details to the Customer’s email. The Company reserves the right not to assess the Verification Phase if all trades are not closed by the Customer, who may still utilize the Demo Account for training. The Company also reserves the right to assess the Verification Phase after the successful completion of the next stage, i.e., Challenge Stage completion.

6.1.4 Challenge Stage Activation: The Customer activates the Challenge Stage by opening the first demo trade in the Trading Platform. The activation of the Challenge Stage will begin upon the credentials being shared by the Company with the Customer via email address. 

 

6.1.5 Challenge Completion Parameters: Successful completion of the Challenge Stage requires the Customer to meet all specified parameters simultaneously by the end of the Challenge period.

6.1.6 Verification and Challenge Compliance: If the Customer fails to adhere to the conditions in clause 6.1.2 during the Verification, it will be deemed unsuccessful, barring access to the subsequent Challenge. Similarly, non-compliance with the conditions in clause 6.1.5 during Challenge results in an unsuccessful evaluation, disqualifying the Customer from the Pay as You Progress Evaluation model.

6.1.7 Post-Challenge Evaluation: Following a successful Challenge in the Pay as You Progress model, the Company will analyze the Customer’s trading history and characteristics, including aspects like Trading Style, Volume of trades, and Frequency of trading, in both the Verification Phase and the Challenge Phase to determine the Customer’s risk profile. The Company may require additional evaluations or refuse service offerings based on this assessment. This evaluation is conducted within seven business days after the successful completion of the Challenge stage.

6.2 Instant Funding Evaluation

6.2.1 Demo account Initiation: Upon payment for the chosen Evaluation program, the Customer will be provided with login details for the Demo Account at their provided email address. The Evaluation officially commences when the Company shares the login credentials with The Customer.

6.2.2 Evaluation Completion Criteria: To successfully request for a withdrawal after the prescribed trading period, the Customer must simultaneously meet all specified parameters in order to be eligible for a payout, by the end of the minimum trading days.

6.2.3 Post-Challenge Evaluation: The Company will analyze the Customer’s trading history and characteristics, including aspects like trading style, volume of trades, and frequency of trading, to determine the Customer’s risk profile. The Company may require additional evaluations or refuse service offerings based on this assessment. This evaluation is conducted within seven business days after the customer’s request for a payout.

6.3 Multiplier Model Evalution

6.3.1 Demo account Initiation: Upon payment for the chosen type of Mutliplier model, either 2x, 5x or 10x, the Customer will be provided with login details for the Demo Account at their provided email address. The Evaluation officially commences when the Company shares the login credentials with the Customer.

6.3.2 Evaluation Completion Criteria: To successfully request for a withdrawal after the prescribed trading period, the Customer must simultaneously meet all specified parameters in order to be eligible for a payout, by the end of the minimum trading days or minimum number of trades according to the chosen plan.

6.3.3 Post-Challenge Evaluation: The Company will analyze the Customer’s trading history and characteristics, including aspects like trading style, volume of trades, and frequency of trading, to determine the Customer’s risk profile. The Company may require additional evaluations or refuse service offerings based on this assessment. This evaluation is conducted within seven business days after the customer’s request for a payout.

6.4. 3-Step Challenge Evaluation

 

6.4.1 Evaluation Initiation: Upon payment for the chosen Evaluation program, the Customer will be provided with login details for the Demo Account at their provided email address on record with the Company. The Evaluation officially commences when the Company shares the login credentials with the Customer.

6.4.2 Evaluation Completion Criteria: To successfully complete the Evaluation program, the Customer must simultaneously meet all specified parameters by the end of the program.

6.4.3 Phase 1: If the Customer fulfills the 3-Step model’s First phase parameters as detailed in clause 6.4.2 and adheres to these Terms, the Company will recognize the Phase 1 as successful. The Company reserves the right not to assess the Verification Phase if all trades are not closed by the Customer, who may still utilize the Demo Account for training. The Company also reserves the right to assess the Phase 1 after the successful completion of the next stage(s), i.e., After Phase 2 or After both Phase 2 & 3.

6.4.4 Phase 2 Activation: The Customer activates the Phase 2 Stage by opening the first demo trade in the Trading Platform. The activation of the Challenge Stage will begin upon the credentials being shared by the Company with the Customer via email address. 

 

6.4.5 Phase 2 Completion Parameters: Successful completion of the Challenge Stage requires the Customer to meet all specified parameters simultaneously by the end of the Challenge period.

6.4.6 Phase 3 Activation: The Customer activates the Phase 3 Stage by opening the first demo trade in the Trading Platform. The activation of the Challenge Stage will begin upon the credentials being shared by the Company with the Customer via email address. 

 

6.4.7 Phase 3 Completion Parameters: Successful completion of the Phase 3 Stage requires the Customer to meet all specified parameters simultaneously by the end of the Challenge period.

6.4.8 Evaluation Compliance: If the Customer fails to adhere to the conditions in clause 6.4.2 during the Phase 1, it will be deemed unsuccessful, barring access to the subsequent Challenge. Similarly, non-compliance with the conditions in clause 6.4.5 during Challenge results in an unsuccessful evaluation, barring access to the subsequent Challenge. Similarly, non-compliance with the conditions in clause 6.4.7 during Challenge results in an unsuccessful evaluation,disqualifying the Customer from the 3-Step Evaluation Program.

6.4.9 Post-Challenge Evaluation: Following a successful Challenge in the 3-Step Program, the Company will analyze the Customer’s trading history and characteristics, including aspects like Trading Style, Volume of trades, and Frequency of trading, in all the Three Phases to determine the Customer’s risk profile. The Company may require additional evaluations or refuse service offerings based on this assessment. This evaluation is conducted within seven business days after the successful completion of the Challenge stage.

TRADING ON FUNDED ACCOUNT 

7.1 Funded Trading Account Access: In Pay as You Progress evaluation model, Upon successfully completing the Challenge phase, and the trading evaluation, the Customer will get accesso a demo Funded Trading Account to participate in the Funded Account Program. Where the Customer chooses Instant Account or Multiplier account model, the Customer gets a demo Funded Accounts in accordance with clause 6 hereinabove.

7.2 Trading Restrictions: The trader is permitted to trade on the account but is prohibited from withdrawing any funds, as these remain the property of the Company.

7.3 KYC Compliance: Prior to granting access to the Withdrawals on the demo Funded Account in accordance with clause 6 above, on any of the existing Evaluation models, the Company will conduct Know Your Customer (KYC) procedures with the Customer through 3rd Party Service Providers. Upon successful KYC verification, the Customer will receive the access to Funded Account and at a later stage, will receive their payouts either through Wise, Bank Transfer or their Crypto USDT address as per their preference.

7.4 Profit Sharing Calculation: Profit sharing is computed when the Trader requests for a Withdrawal from Client Dashboard. It will based on the equity gain achieved by the Trader from the initial account size or the gain from the previous withdrawal.

7.5 Payment of Profits: All profit-sharing payments will be paid in accordance with clause 7.12 hereinbelow, on a weekly basis each Friday End of Day MT5 Server time, provided the profit exceeds $50 (fifty dollars). 

7.6 Fee Credit on Success: Upon successfully completing the Pay as You Progress model, the Customer’s entry fee will be credited to the funded account and included in the first payout, assuming no breach of requirements has occurred. The fee is not refunded on Instant model and Multiplier model.

7.7 Loss Liability: The Customer is not responsible for any losses incurred on the funded account; these losses are borne by the Company, if any.

7.8 Rule Breach Consequences: Breaching Evaluation rules results in the disabling of the account and termination of access to the Trading Account.  

7.9 Payout Voidance on Non-Compliance: If the Customer fails to adhere to challenge rules and parameters, leading to the loss of the Funded MT4/MT5 Account before profit-sharing approval as per Clause 7.4, the payout will be considered void, and the Company is not obligated to make the payment.  The Customer is responsible for maintaining their Account(s) and meeting the trading parameters to receive the profit-sharing payments. 

7.10 Inactivity Clause: In the event of no trading activity on any of the demo MT4 / MT5 Account for 30 (thirty) consecutive days, the Account will be deemed as ‘inactive’. The Company hereby reserves the right to disable an inactive demo Funded MT4 / MT5 Account. This includes Instant Funding demo Account as well.

7.11 Permanent Loss of Access on Inactivity: The Customer acknowledges that if their account is disabled due to inactivity, they will permanently lose access to their demo Funded MT4/MT5 Account and will not be entitled to a refund of the evaluation participation fee.

7.12 Profit Split Payout Terms

  1. Maximum Profit Split Entitlement:

(i) Pay As You Progress Model: Subject to the terms herein, the Company shall offer a profit split to eligible traders, which shall not exceed eighty percent (85%) of the profits realized (“Maximum Profit Split“). This Maximum Profit Split is conditional upon the Company’s financial capabilities and revenue generation. The Company reserves the right to modify the profit split percentage, provided, however, that in no event shall such percentage exceed the stipulated cap of eighty percent (85%). The only exception to this is an additional purchase of the Add-On on the Order Form, that can increase the Maximum Profit Split to Upto 95%.

(ii) Instant Model: Subject to the terms herein, the Company shall offer a profit split to eligible traders, which shall not exceed twenty percent (20%) for the 20% Profit Split Program and forty percent (40%) for the 40% Profit Split Program of the profits realized (“Maximum Profit Split“). This Maximum Profit Split is conditional upon the Company’s financial capabilities and revenue generation. The Company reserves the right to modify the profit split percentage, provided, however, that in no event shall such percentage exceed the stipulated cap of forty percent (40%). The only exception to this is an additional purchase of the Add-On on the Order Form, that can increase the Maximum Profit Split to Upto 80%.

(iii) Multiplier Model: Subject to the terms herein, the Company shall offer a profit split to eligible traders, which shall not exceed Two times (2x), Five times(5x) or Ten times (10x) of the fees paid for the 2x, 5x or 10x Multiplier Challenge respectively by the Trader. The Company reserves the right to modify the profit split percentage, provided, however, that in no event shall such percentage exceed the stipulated cap of Ten times(10x).

(iv) 3-Step Challenge Model: Subject to the terms herein, the Company shall offer a profit split to eligible traders, which shall not exceed eighty percent (85%) of the profits realized (“Maximum Profit Split“). This Maximum Profit Split is conditional upon the Company’s financial capabilities and revenue generation. The Company reserves the right to modify the profit split percentage, provided, however, that in no event shall such percentage exceed the stipulated cap of eighty percent (85%).

  1. Discretionary Payout Policy: The Company shall have the sole discretion to determine the actual payout to be disbursed to the traders under the Profit Split scheme. The determination of the payout amount, which may range up to the Maximum Profit Split, shall be based on the Company’s operational criteria and financial assessments. The Company may, at its discretion, limit the payout to an amount equivalent to the initial fees paid by the trader for the challenge, should it deem necessary.
  2. Acknowledgment of Demo Account Nature: The Trader expressly acknowledges and agrees that all trading activities are conducted on demonstration accounts (“Demo Accounts”). As such, the Trader acknowledges that the Profit Split is not derived from actual trading profits, but is a simulated scenario based on the performance in the Demo Accounts. The Trader recognizes that the principal value of the Company’s services lies in the provision of educational resources and psychological trading support, and not in the financial gains from the Demo Accounts. The Trader agrees to align their payout expectations with the understanding that the Demo Accounts are for educational and training purposes only.
  3. Acceptance of Payout Terms: By engaging in the Company’s trading challenge, the Trader hereby agrees to the terms set forth in this Profit Split Payout Clause.

7.13 The following strategies will result in a breach of your Account(s) and a ban from our services:

  1. Grid Trading: Placing inverse buy and sell orders on the same instrument with identical or similar risks is forbidden due to its potential for market manipulation, over-leveraging, and creating artificial market instability.
  2. Account Sharing or Sale: It is strictly prohibited to share or resell funded accounts. Violation of this rule will result in immediate account termination and a ban from our services.
  3. High-Frequency Trading (HFT): The use of sophisticated algorithms and high-speed networks for executing a large volume of trades in a fraction of a second is prohibited due to its potential for market manipulation and creating unfair advantages.
  4. Trading in US-Sanctioned Countries: Logging in and conducting trades from OFAC-sanctioned countries is strictly prohibited.
  5. Collusion Between Users: Coordinated trading in the same direction on the same asset across multiple accounts is considered market manipulation and is strictly banned.
  6. Hedging or Group Hedging Across Multiple Accounts: Engaging in opposite trades on the same asset across various accounts to profit from price movements while minimizing market risk is not allowed.
  7. Use of a Delayed Data Feed: Utilizing market data feeds that are delayed or lagging is unethical and against real market trading principles.
  8. Trading on Delayed Charts: The use of charts or other market data representations that are not updated in real-time is considered unethical and is prohibited.
  9. Guarantee of Compliance with Limit Orders: Utilizing a guaranteed compliance with limit orders, including take profit and stop loss orders, to manipulate the market is forbidden.

RESTRICTED COUNTRIES  AND COMPLIANCE

8.1 Prohibited Jurisdictions: Access to all or parts of the Website and/or Services is restricted for users residing in or citizens of countries identified on sanction lists maintained by OFAC, as well as those identified by relevant authorities in the European Union, and Singapore. This includes, but is not limited to, countries currently listed as sanctioned by these authorities.

8.2 Compliance with Sanctions and Regulations: The Company is committed to full compliance with all applicable sanctions and regulations enforced by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, as well as similar regulations applicable in the European Union, Singapore, India, and other jurisdictions relevant to our operations. Access to the Website and Services is strictly prohibited for users from countries subject to such sanctions and regulations.

8.3 User Verification Obligation: It is the responsibility of the Customer to verify whether their country of residence or location is currently restricted under our Company policy or applicable international laws. By using our Services, the Customer acknowledges and agrees to check their status before engaging with our Services and to comply with any such restrictions. Failure to comply may result in denial of access to the Services and/or termination of the user account without notice.

8.4 Updates and Notifications: The Company may update the list of Restricted Countries based on changes in legal and regulatory frameworks. Customers will be notified of any such changes through updates posted on the Website or via email communication. Continued use of the Website or Services after such updates will constitute acceptance of the new terms.

8.5 Legal Compliance and Indemnification: Customers agree to comply with all local and international laws applicable to their use of the Services. Customers further agree to indemnify and hold harmless the Company from any claims, losses, damages, or costs arising from their failure to comply with these terms or their violation of any laws or regulations. The Company reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, should any user fail to comply with these terms.

USE OF THE WEBSITE 

9.1 Website Definition: The term ‘Website’ encompasses thepropgame.com and any additional websites that the Company may register. These websites offer content and information to the Customer. However, the content may not always be current or accurate, and is provided primarily for convenience.

9.2 Reliance on Official Records: Customers agree to base their decisions on their transaction confirmations and account statements, which are the authoritative records of their Account, rather than solely on the Website’s information which may not be specific to an individual Account.  

9.3 Third-Party Financial Information: The Website may include financial or investment information provided by third parties to the Company and subsequently presented to the Customer. This encompasses market data, news, research, financial analysis, commentary, and various tools.  

9.4 Information Reliability and Suitability: The information on the Websites is provided from sources believed to be reliable but cannot be guaranteed. The information provided on our website is not customized for any individual Customer and and should not be construed as a recommendation or advice regarding the appropriateness of buying or selling any trading product. The Payout Certificates and other trading related feedback can be construed only for as marketing purposes and may not always be accurate.

9.5 Website Modifications: The Company reserves the right to modify, revise, add, upgrade, remove, or discontinue any component of its Websites without prior notice to the Customer. The Website may contain hyperlinks to websites operated by third parties.

9.6 Disclaimer for Third-Party Websites: The Company is not responsible for the accuracy, reliability, or content of information provided on third-party websites linked through the Website. 

9.7 Intellectual Property and Usage Rights

  1. The Website, Services, and all encompassing Content, including the Customer Account, multimedia elements, and other materials, are protected under copyright laws and are the exclusive property of the Company or its licensors. The Company grants the Customer a limited, non-exclusive, revocable, and non-transferable license to use the Content solely for personal use in alignment with the Services’ intended purpose. No transfer of ownership or sale of Content is implied.
  2. All trademarks, logos, and trade names on the Website belong to the Company or its licensors. No authorization for their use is granted to the Customer.
  3. The Customer and Company commit to fair dealing in contractual performance and negotiations, aiming to uphold mutual respect and not harm each other’s reputation or interests. Disputes shall be resolved in accordance with these T&Cs and applicable law.
  4. The Customer is granted no rights beyond those explicitly stated in these T&C for the use of the Services and Content.
  5. Prohibitions when accessing Services and Content include:
  • Adversely affecting Website and Services operation;
  • Circumventing geographic or technical restrictions;
  • Creating unauthorized copies or backups;
  • Reverse-engineering or altering the Website and Content;
  • Unauthorized selling, renting, or redistributing of the Services and Content;
  • Using automated methods for data collection;
  • Employing tools that could damage the Company.
    1. Clause 9.7 respects the Customer’s inalienable consumer rights under applicable law.

DISCLAIMER 

10.1 “As Is” Services: The Customer acknowledges that the services and other content are provided “as is” inclusive of all faults, defects, and shortcomings. The Customer assumes full responsibility and risk for its use of these Services.

10.2 Disclaimer of Warranties: To the fullest extent permissible under applicable mandatory laws, the Provider expressly disclaims all warranties of any kind, whether statutory, contractual, express, or implied. This includes, but is not limited to, warranties of quality, merchantability, fitness for a particular purpose, and non-infringement of third-party rights. Company makes no warranty that your access to the Trading Platform will be uninterrupted, timely or error-free, or will be free of viruses, worms and/or other harmful or invasive elements. Due to the nature of the Internet, this cannot be guaranteed.

10.3 Liability Limits: Neither the Company nor any of its directors, officers, employees, members, representatives, affiliates, agents, parent(s), subsidiaries, successors and assigns shall be liable for any loss, expense or damages whatsoever nature and howsoever incurred or arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of data, loss of profits or savings arising in connection with your access or use or the inability to access or use the Services (or any part thereof), reliance on the tools, functionalities, information or other content accessible through the Services or on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise, even if the Company has been advised of the possibility of such damages or loss. In the event that a court of justice or any other competent authority establishes the Company’s liability in connection with the operation of the Website or the provision of the Services, such liability shall be limited to an amount no greater than 50% of the fees paid by the Customer for the Services directly in connection with which Customer has incurred losses.

10.4  Right to Modify Services: The Company maintains the right to alter, change, substitute, add to, or remove elements and functionalities of the Services at any time, without the obligation of compensation.

10.5 Exemption from Performance: The Company is exempt from fulfilling its obligation to provide purchased Services in cases where failure to do so is caused by serious technical or operational issues beyond the Company’s control, situations of force majeure, or when compliance is hindered by legal obligations or decisions made by public authorities. 

COMMUNICATION 

11.1 The Customer acknowledges that all communication  related to   the provision of Services from the Company or its partners will take place via the e-mail address registered by the Customer with the Company. 

11.2 The official contact email address for the Company is support@thepropgame.com

RIGHT TO WITHDRAW FROM A CONTRACT

12.1 Withdrawal Right: The Customer has the right to withdraw from a contract at any time, without the necessity of providing a reason.

12.2 Withdrawal Procedure: To withdraw from the contract, the Customer must send their withdrawal notice to the Company’s email address. The Company will acknowledge receipt of this withdrawal in writing.

AMENDMENTS TO THE TERMS

13.1 The Company reserves the right to modify these Terms at any time, and will be available on the Company’s Website. These changes will take immediate effect for new customers and for both existing and new orders of Services placed by existing Customers, unless explicity stated by the Company.

Dispute Resolution

14.1. Mutual Discussions: In the event of any dispute, controversy, or claim (collectively, “Dispute”) arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, the parties shall first attempt to resolve the Dispute amicably through mutual discussions and negotiations (the “Internal Dispute Resolution Mechanism”).

14.2. Mediation: Should the Dispute not be resolved under Clause 14.1, the Company may, at its sole discretion, seek resolution through mediation at the Singapore Mediation Centre, pursuant to its then-current Mediation Procedure. Upon receiving a mediation notice, the Customer is required to consent to and participate in the mediation process. Both parties commit to engage in mediation in good faith and to adhere to any resulting settlement.

14.3. Arbitration: If mediation as per Clause 14.2 fails and the Company elects to proceed with arbitration, the Dispute shall be referred to and conclusively resolved by arbitration in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”), which are deemed to be incorporated by reference into this clause. The arbitration shall be conducted by a single arbitrator to be appointed in accordance with the SIAC Rules. The place of arbitration shall be Singapore. The language of the arbitration shall be English. The arbitrator’s decision shall be final and binding upon both parties. Judgment upon the arbitral award may be entered in any court having jurisdiction thereof.

14.4  This dispute resolution clause 14 shall survive the termination or expiry of the contract with the Customer.

Governing Law and Jurisdiction

15.1. Precondition to Litigation: No party shall initiate court proceedings in relation to any Dispute without first following the dispute resolution mechanism outlined in Clause 14.

15.2. Applicable Law and Jurisdiction: These Terms are governed by and construed in accordance with the laws of the Republic of Singapore. The parties agree to submit exclusively to the jurisdiction of the courts of the Republic of Singapore, subject to the completion of the dispute resolution process as detailed in Clause 14.

General

16.1. Consumer Codes of Conduct: The Company has not endorsed or adopted any consumer codes of conduct.

16.2. Entire Agreement: These Terms represent the full and complete agreement between the Customer and the Company, superseding all prior understandings, agreements, and communications, whether oral or written, pertaining to the subject matter herein.

16.3. Non-Waiver of Rights: Nothing in these Terms shall be deemed to limit any rights or claims stipulated elsewhere within these T&C or as provided under applicable law. The failure of the Company, or any party authorized by it, to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision.

16.4. Assignment and Transfer of Rights:

  1. The Company reserves the right to assign any claims or rights arising from these Terms or related agreements to a third party without requiring the Customer’s consent.
  2. The Company may transfer its rights and obligations under these Terms or any related agreements, in whole or in part, to a third party.
  3. The Customer is prohibited from transferring or assigning any rights, obligations, or receivables under these Terms or any related agreements, wholly or partially, to any third party.

16.5. Severability and Interpretation: Should any provision of these Terms be deemed invalid or unenforceable, it will be replaced with a provision that closely mirrors the intent of the original provision. The invalidity or unenforceability of one provision does not affect the validity of the remaining provisions.

Definitions, Expressions and Abbrevations Used:

17.1. For the purposes of the Agreement, the following definitions shall have the following meanings: 

17.1.1. “Agreement“ means this Agreement, as set out in the introductory provisions; 

17.1.2 “Client Section“ or “Client Dashboard” means the user interface on the Website;

17.1.3. “Confidential Information“ means the terms and conditions of this Agreement, this Agreement, information on the manner in which the Services are provided, the content of communication with the Company, all information that may constitute trade secrets, including know-how, and any information made available to the Customer by the Company which is designated as confidential or which is to be considered as confidential by reason of the nature of the information and the circumstances in which it was disclosed;

17.1.4. “Customer“ or “you“, “yours“ or “Trader” means a natural person or an entity that enters into the Agreement with the Company, as set out in the introductory provisions; 

17.1.5. “Evaluation” refers to a structured program offered by the Company designed to assess the trading capabilities and adherence to trading strategies of the Customer using a Demo Account. The Pay As You Progress Evaluation is conducted in multiple phases, each with specific criteria and objectives that must be met for progression. Instant Funding Evaluation and Multiplier Evaluations have no phases, but their own specific criteria and objectives must be met respectively in order to receive the Profit share.

17.1.6 “Order Form” refers to the digital or electronic form provided by the Company through the Website or mobile application, which the Customer must complete and submit in order to order Services;.

17.1.7  “Party” means the Company or the Customer individually and “Parties“ means Company and the Customer collectively; 

17.1.8. “Profit“ means the positive difference between the value of the balance in the Customer’s MT5 Account (in which no positions are opened) and the value of the Reference balance; 

17.1.9 “Profit Share” or “Payout” or “Performance Reward” refers to the Trader’s share based on the trading performance in the chosen Evaluation model;

17.1.10. “Trading Platform“ means the electronic interface in which the Customer shall perform demo trades; 

Schedule A

Models:

  • Pay As you Progress
  • Instant 20%
  • Instant 40%
  • 3-Step Challenge
  • Multiplier x2
  • Multiplier x5
  • Multiplier x10

Size:

  • 5,000
  • 10,000
  • 25,000
  • 50,000
  • 100,000
  • 200,000

Currencies:

  • USD