Terms of Service

These terms of use govern access to and the use of the sites or services of TFF PROPERTY LTD a limited liability company, and its affiliated entities (collectively, “ The Forex Funder ”, “we”, “our”, or “us”), by our account holders, users, and visitors (“you”, “your”, or “User”), however such Sites or services are accessed, including any content, functionality, products and services, information about our products and services, your hypothetical account and tools offered.

theforexfunder.com is an E-Commerce Site.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN HYPOTHETICAL ACCOUNT, POSTING OR DOWNLOADING CONTENT, AND/OR OTHERWISE USING TFF PROPERTY LTD OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS. IF YOU DISAGREE REFRAIN FROM USING THE PRODUCTS OR SERVICES PROVIDED BY TFF PROPERTY LTD AND ITS RELATED ENTITIES.

We reserve the right to modify or change these terms at any time. We strongly encourage that you frequently review to be informed of any changes.

English is the official language used by TFF PROPERTY LTD In the event of a conflict between the English version of this document and any version translated into any other language, the English Language version shall prevail.

Privacy

Any use of The Forex Funder is subject to TFF PROPERTY LTD Privacy Policy. Please review our Privacy Policy that informs all visitors and users of our data collection practices.

Services

TFF PROPERTY LTD or any of its products are based on a Simulated Account where your performance is evaluated across two steps for the opportunity to get funded by earning a commission for trade data provided. Trading activity on the The Forex Funder Platform is subject to the functioning of hypothetical markets. Trading activity on the The Forex Funder Platform that knowingly or unknowingly circumvents targets and rules or generates profits that could not otherwise be achieved in hypothetical market trading, is a violation of the Terms. In the event of such action, TFF PROPERTY LTD retains the right to reject any claims of passing or advancing in the next stage of our challenge, as well as render your Account ineligible.

Eligibility

You represent and warrant that you are at least 18 years of age. In jurisdictions, territories, and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services in your jurisdiction, territory, or location, you may not utilize the Sites or Services.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.

Not A Retail Broker

You acknowledge and agree that we are not a retail broker, as such term is used in United States financial services regulations, and that we do not trade in live markets on our or another party’s behalf as part of the Sites or Services, nor do we directly offer any financial advice of our own as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users when using our simulated trading software.

Trading Commission Disclaimer

ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN.

THIRD-PARTY SERVICES

Our Sites or Services may refer to Third-Party Services. You are responsible for performing your own due diligence and evaluating whether any Third-Party Services are appropriate for you. You agree that The Forex Funder is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third-Party Services. If you access, visit, or use any Third-Party Services referred to on our Sites or Services, you do so at your own risk.

CONTENT LICENSE

By submitting User Content, you grant The Forex Funder an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license (the “License”), in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to The Forex Funder, in its sole discretion. All rights, licenses and privileges herein described are granted to The Forex Funder immediately upon submission of User Content and shall continue perpetually and indefinitely. Any information that you wish to remain private should not be submitted with or as User Content.

Furthermore, your submission of User Content signifies your representation and warranty of the following:

You have the right to submit the User Content and grant the License herein described;

No further licenses, royalties, or permissions will be needed from a third party to use your User Content as herein described;

User Content does not infringe any third party’s rights, including intellectual property and privacy rights; and

User Content complies with Terms and all applicable laws.

INTELLECTUAL PROPERTY, TRADEMARKS, AND COPYRIGHTS

TFF PROPERTY LTD Sites or Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by TFF PROPERTY LTD , its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You shall not challenge the ownership or rights in TFF PROPERTY LTD Sites or Services or any component thereof.

You are granted a nonexclusive, nontransferable, limited, and revocable right to access, use, display, and navigate our Sites and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of our Sites or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites or Services in breach of these Terms, your right to use The Forex Funder Sites and Services will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted herein are reserved by TFF PROPERTY LTD. Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.

The Marks displayed on The Forex Funder Sites and Services are the property of The Forex Funder, unless otherwise disclosed. You are prohibited from using, removing, or altering any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Forex Funder is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Forex Funder and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

For any evaluation programs that a client is provided through our website, under no circumstances is the client able to change the password to the demo trading account. Any changes of the password will result in a breach of these Terms of Use and will count their evaluation as failed.

JURISDICTION AND ENFORCEABILITY

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in the United Kingdom, in connection with any action arising out of or related to these Terms or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims with regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms. Consistent with other provisions stated elsewhere, the laws of the State of Texas shall apply to the arbitration proceedings.

Any physical complaints notices and request for arbitration can be sent to:

86-90 Paul Street, London, England, EC2A 4NE

If able, please provide an electronic copy of the complaint or notice to the following email address:

[email protected]

WAIVER OF CLASS ACTION RIGHTS

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

DISCLAIMERS

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Forex Funder, LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

The Forex Funder, LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Forex Funder, LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Forex Funder, LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Forex Funder, LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, because the trades have not actually been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

Changes to Terms

TFF PROPERTY LTD reserves the right, in its sole discretion, to change the Terms under which theforexfunder.com is offered. The most current version of the Terms will supersede all previous versions. TFF PROPERTY LTD encourages you to periodically review the Terms to stay informed of our updates.

These Terms are effective as of December 5th, 2022