DT4X TRADER – TERMS AND CONDITIONS
This document states the terms and conditions as well as rules and regulations (defined as “Terms and Conditions”) for the use of and access to www.dt4xtrader.com (defined as the “Website”). This Terms and Conditions constitutes a legal agreement (defined as “Agreement”) between each user of the Website (defined as “User” or “Users”) and GreatGadgetz Ltd T/A DT4X Trader (defined as “DT4X Trader”). This Terms and Conditions states the legal obligations and rights of each User in relation to DT4X Trader and the Website. By using and continuing to use the Website, each User expressly agrees to be legally bound by this Terms and Conditions. DT4X Trader reserves the right to amend and alter the Terms and Conditions at its discretion and such changes shall be effective immediately they are posted on the Website. Your use of the Website is conditional on your acceptance of all our Terms and Conditions without exception. If you do not agree to all our Terms and Conditions, please do not use the Website.
Unless the context requires otherwise, the following terms and expressions will have the indicated meanings in this Terms and Conditions and throughout the Website:
|“AML”||Anti-Money Laundering obligations of DT4X Trader and the Website, including all relevant laws, statutory provisions, regulations, and policies.|
|“Approved Trading Instruments”||The only financial instruments that may be traded by Users on the Funded Trading Account are currency pairs, gold and silver. Trading of all other financial instruments is strictly forbidden.|
|“Broker”||The third party where trades are executed on through the use of the MetaTrader Trading Platform|
|“CCPA”||California Consumer Privacy Act of 2018|
|“Client Area”||Also referred to as Traders Room. This area allows users to access web pages including but not limited to; their educational content, account insights, profile (along with ID verification sections) and Payouts page.|
|“Content”||Without exception, all images, text, information, data, audio, videos, graphics, articles, blogs, educational materials, computer code, software, algorithms, business models, Withdrawal Growth feature, Account Scaling feature and any other material provided or posted by DT4X Trader on or through the Website, including the Products and Services and any terms and conditions relating to the operation of the Funded Trading Accounts by Traders.|
|“Cookies”||Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file that a website transfers and stores on your device with the purpose of tracking your movements within the Website, remembering your preferences and your interaction with the various components and features of the Website.|
|“DPA”||Data Protection Act 2018|
|“Fee”||The Fee paid by a User to become a Trader and gain access to a Funded Trading Account.|
|“Financial Instruments”||The financial instruments that Traders are authorised to trade on the Funded Trading Account and the current listing of which can be found at www/dt4xtrader.com/faq|
|“Funded Trading Accounts”||The account established by DT4X Trader in its own name and which Traders are authorised to trade on subject to the payment of the required fee and all the terms and conditions set out in this Terms and Conditions and the Website. Unless advised otherwise, all account starting balances are stated in virtual funds only over which the Trader has no ownership rights of any kind.|
|“GDPR”||Regulation (EU) 2016/679 General Data Protection Regulation.|
|“Intellectual Property”||Intellectual Property of DT4X Trader on the Website and shall include the entire current and future Content, including all copyrights of DT4X Trader, current and future. The entirety of the Intellectual Property is the sole and exclusive property of DT4X Trader. The User does not in any way acquire any interest, express or implied, in the Intellectual Property through use of the Website or by becoming a Member.|
|“License”||The License granted in Clause 13 to Users and Traders for usage of the Website and the Funded Trading Account (as appropriate) pursuant to the terms and conditions of this Terms and Conditions.|
|“Member” or “Trader”||The person or legal entity who pays the required fee and completes the registration and creates a user account on the Website for the purpose of gaining full access to the Website, a Funded Trading Account and Products and Services.|
|“Membership”||Membership of DT4X Trader which allows Members full access to the Content and entitles the Member access to a Funded Trading Account. All registrations on the Website are subject to acceptance and confirmation by DT4X Trader at its discretion.|
|“Membership Account”||The account created by a User on completion of the registration process on the Website to become a Trader and to gain access to a Funded Trading Account.|
|“Online Trading”||Within the context of this document, refers to the trading of the Financial Instruments by the Trader on the Funded Trading Account.|
|“Opening Account Balance”||The opening balance of the Funded Trading Account as registered by the DT4X Traders before the User commences any trading activity. Unless otherwise indicated, Opening Account Balance are stated in virtual funds over which the Trade has no ownership rights of any kind and which the Trader shall at no time have entitlement to withdraw in any form.|
|“Payout” or “Profit Payout”||The Payout of profits from the Funded Trading Account to Traders subject to the Terms and Conditions. Payouts are only made on or after the 25th of each calendar month after the profit claims by Traders have been verified for compliance with the Terms and Conditions and the Trading Rules.|
|“Prop Fund”||Any website that provides online trading services, features and functions which allow users of the website to engage in the activity of trading (as commonly defined) financial instruments the capital for which is provided entirely or substantially by the Prop Fund owner or promoter and which funds are virtual unless expressly stated otherwise.|
|“Products and Services”||Products and Services made available for subscription, sale or right to use on the Website by DT4X Trader, including but not limited to the Funded Trading Accounts.|
|“Trader”||Any person who pays the required fee and registers an account on the Website with DT4X Trader to gain access to a Funded Trading Account.|
|“Trading Education”||Educational material provided on the Website by DT4X Trader to assist the Trader to learn about trading financial instruments.|
|“Trading Platform”||Any online software-based platform through which Traders are authorised to trade on the Funded Trading Account and which for the time being shall include Metaquotes Software Corp. Metatrader 4 and Metaquotes Software Corp. Metatrader 5.|
|“Trading Rules”||Any rules relating to the operation of the Funded Trading Account and/or any trading activity in relation to the Funded Trading Account whether stated in this Terms and Conditions or stated on the Website.|
|“User” or “Users” or “You”||Any persons and/or entities that use the Website and shall for all purposes include Members and Traders.|
|“Website”||www.dt4xtrader.com, which is owned, developed and operated by DT4X Trader and includes all the Content and the domain name.|
1. Language and Currency
The official language of the Website is English and the official currency of the Website is the United States Dollar ($).
2. Financial Risk and Online Trading
2.1 The Content, Website and Products and Services provided by DT4X Trader relate to Online Trading of the Financial Instruments. However, Users should note that DT4X Trader is not a broker and as such does not require to be licensed in any jurisdiction. DT4X Trader offers no financial advice or financial services of any kind. The business of DT4X Trader is primarily of an educational nature through the provision of educational materials relating to trading activities and the provisions of simulated trading using the facilities of third party licensed brokers. Other than usage of such facilities, DT4X Trader is independent of such parties.
2.2 Users should note that trading in any form is accompanied by substantial risk, and they could potentially lose all their investment funds. Investors should only put at risk capital that would not adversely affect their financial position or life circumstances if lost. Investors should only trade with capital they can comfortably put at risk, and they should only trade if they have sufficient risk capital to fund their trading style. Investors should also note that trading with high gearing can magnify risk if not used judiciously. Any indication of past performance given by DT4X Trader is for illustration purposes only and does not in any way guarantee that Users will be able to replicate the results. The Content nor any part of the Website is intended as a solicitation by DT4X Trader to the User to buy or sell futures, options or forex or to deposit funds with DT4X Trader.
2.3 Testimonials appearing on the Website may not be representative of other Users or Members and are not a guarantee of future performance or success. DT4X Trader is not a Broker, we do not accept client deposits. All payments received by DT4X Trader from Users are received as payment for Membership and the right to use the Products and Services and the license to use the Funded Trading Account. DT4X Trader itself does not carry out any regulated activities. The only activities of DT4X Trader are Prop Fund Trading and Trading Education and consequently DT4X Trader is not required to be authorised by any regulatory authority.
2.4 The User expressly acknowledges, accepts and is aware that:
(a) The reliance on the Content and the Products and Services can cause financial loss to the User; and
(b) The use of Online Trading services can cause financial loss to the User.
2.5 The User accepts and agrees that he/she/it will use the Content, the Products and Services and the Funded Trading Account entirely at his/her/its own risk in the full knowledge that such reliance and use may result in financial loss to the User. The User further acknowledges, accepts and agrees that in the event of any losses, the User shall have no claims against DT4X Trader, its directors, officers or employees.
3. Financial Advice Disclaimer
3.1 The Website operates as an online Prop Fund Trading Service allowing Members to trade the Financial Instruments on Funded Trading Accounts set up by DT4X Trader and licensed for use to each Trader. The purpose of the Website is to enable Members to trade the Financial Instruments with significant capital on a ‘risk free’ basis and with no liability for any losses incurred in respect of trading activities on the Funded Trading Account. This is achieved by DT4X Trader providing all trading activities on a simulated basis on the Funded Trading Account allocated to the Trader. The only potential loss to the Member, if any, is the cost of the subscription for Membership or the right to use the Funded Trading Account.
3.2 All Content on the Website is not in any way presented as fact but only reflects the opinion of DT4X Trader. Such Content is not intended to be a recommendation to use the Website or to engage in Funded Trading or any other form of trading and the User must not under any circumstances treat the Content as financial advice of any kind.
3.3 The Website does not in any way encourage any kind of trading that may be deemed to be gambling. It is also not a financial advisory website seeking to give financial advice of any kind, direct or indirect, to the User. There is no advice given and nothing should be interpreted as advice. Users must exercise their own judgment when deciding to engage in Funded Trading.
3.4 The User acknowledges that he/she has not received any kind of financial advice or any other advice which could be interpreted as financial advice from DT4X Trader or the Website. Without exception or exclusion, the User further acknowledges, accepts and agrees that he/she will use the Website, the Products and Services and the Funded Trading Account entirely at his/her/its own risk and without any, direct or indirect, reliance on DT4X Trader or any of its opinions and/or statements.
3.5 The Content is provided by DT4X Trader for information, educational and non-financial purposes only. The Content is not intended to be a substitute for professional financial advice or a financial professional for any purpose and the User is expressly not authorized to use the Content for such purposes.
3.6 If the User is not certain on any course of action, then he/she is strongly recommended to consult with a financial professional for appropriate assistance.
3.7 To the fullest extent permitted by law, DT4X Trader excludes all warranties, undertakings and representations in relation to the Content, the Products and Services and any products and services provided by nominated forex brokers for all purposes and DT4X Trader excludes all liability, however arising for any loss or damage suffered by the User as a result of relying on the Content, the Products and Services and any products and services provided by nominated Brokers for any purposes or for any purpose for which the Content and the Product and Services were not intended.
3.8 The User must make his/her/its own assessment and determination whether it is legal for the User to use the Content, the Website and the Products and Services in their jurisdiction. They must also make their own assessment and determination on the legality of using Funded Trading Accounts on the terms offered by DT4X Trader.
4. Funded Trading Account and Online Trading Conditions
4.1 The Trader acknowledges and agrees that all Funded Trading Accounts shall be registered in the name of DT4X Trader and the Trader will be granted a license to use such account on the terms and conditions set out in this Terms and Conditions and any other terms and conditions posted on the Website from time to time. The Funded Trading Account is only for the personal use of the Trader and no other person or entity may trade on or operate it.
4.2 The Trader also agrees that DT4X Trader shall at all times have the right to access the Trader’s Funded Trading Account and the Trader expressly consents to such access DT4X Trader for the purpose of verifying the Trader’s:
(a) trading progress;
(b) report that the required profit Payout targets have been met; and
(c) compliance with this Terms and Conditions;
4.3 The Trader acknowledges, accepts and agrees that:
(a) no real funds are deposited by DT4X Trader into the Funded Trading Account and that the Opening Account Balance of the Funded Trading Account is an artificial balance to which the Trader shall not have any ownership rights or rights to in terms of real funds or in any other manner and shall have no entitlement to withdraw;
(b) all trading on the Funded Trading Account is conducted on a synthetic basis using trial accounts registered solely in the name of DT4X Trader with the Broker selected by the Trader from DT4X Trader’s panel of Brokers;
(c) as an incentive, the Trader shall be entitled to be paid 60% of all profits in excess of the Opening Account Balance generated from their trading activities on the Funded Trading Account and such profits will be paid out to Traders in blocks of 5% over the Opening Account Balance of the Funded Trading Account. For example, if the Trader purchases an account with an opening balance of $100,000 account and makes a profit of $12,500, the Trader would be entitled to request the withdrawal 10% or $10,000 of the profits from the account. Of this withdrawal, 60% would be paid out to the Trader and the balance 40% to DT4X Trader. The balance profit of $2,500 or 2.5% of the Opening Account Balance would be rolled over to the following month. There is no upper limit to the amount of profit that can be withdrawn in a month. All profit withdrawals will be paid in real funds on the 25th day of each month. If that falls on a weekend or a public holiday in Scotland and the United Kingdom, payment will be on the next business day. A Trader desiring to withdraw profits, must submit a withdrawal request with an invoice to DT4X Trader for the withdrawal amount no later than 23:59 (London time) on the 24th of the month. All provisions stated on the Website relating to the calculation and Payout of profits are deemed to be expressly included here by reference and shall form part of this Clause as if expressly written here.
(d) Traders may choose to accumulate their profits in their Funded Trading Account to participate in the Auto-Scaling program. All such profits retained by the Trader may be withdrawn at any time provided that the other withdrawal conditions are met. All provisions stated on the Website relating to the calculation of the profit of the Funded Trading Account and the payment of the Trader’s 60% share thereof are deemed to be expressly included here by reference and shall form part of this Clause as if expressly written here. Traders will be entitled to a profit share of 60% should they encounter a loss of balance after the Payout request. However, if the Max Loss rule is breached traders will lose all Payout eligibility and this will subsequently result in an unsuccessful program.
(e) A Stop Loss is required for every trade, including but not limited to stop and limit trades and any trades entered as a hedge, and such Stop Loss must be entered at the time any trade in placed through the Funded Trading Account. The cumulative Stop Losses for all open trades shall not exceed the Max Loss for the Funded Trading Account. If any aspect of the Stop Loss rules is breached Traders will lose all Payout eligibility for the month in which the breach occurs.
(f) Trading activity on the Funded Trading Account is required on a minimum of ten (10) trading days in any month and in this respect a consistency rule of 50% variance shall be applicable. For example, if a Trader trades an average of 2 lots per trade over 5 trading days (not necessarily continuous), the average lot size for the balance 5 trading days cannot be less than 1 lot. If any aspect of the minimum trading days rule and associated consistency rule is breached Traders will lose all Payout eligibility for the month in which the breach occurs.
(g) The Trader is not allowed to have more than five (5) open trades at any time, including but not limited to any stop and limit trades and any hedge trades. If any aspect of the maximum trades rule and associated consistency rule is breached Traders will lose all Payout eligibility for the month in which the breach occurs.
4.4 All Funded Trading Accounts and Online Trading activities shall at all times be subject to the following specific conditions all of which are expressly agreed to by the User:
(a) Traders must not exceed the Maximum Drawdown/Max Loss on equity allowed of 5% of the account balance at any time. This may be referred to on the Detailed Reports provided by Metatrader 4 and Metatrader 5 where it is referenced as ‘Maximal Drawdown’. The reference account balance for each trade shall be the balance of the starting account size purchased, unless the Account Scaling feature has been used, then the reference account balance will be the account size at each new Account Scaling level.
(b) In order to develop good money management skill, Traders are required to have a stop loss at all times when trading, including but not limited to stop and limit trades and any hedge trades.
(c) The Trader shall not use a trade copier to copy trades from other trading platforms of any kind to place trades on the Funded Trading Account. All trades must be placed directly on the Funded Trading Account.
(d) Traders may use software, including Expert Advisors, to execute their trades subject to any such software being approved by DT4X Trader before such software is used on the Funded Trading Account. All Traders wanting to use such software must submit a copy to DT4X Trader for evaluation. Expert Advisors must have 3 months of trading history submitted prior to being approved. Traders may only use the software after DT4X Trader has given written approval for the use of the software. Any software using Martingale or similar trading strategies are absolutely banned without exception.
(e) The Account Scaling feature as defined on the Website shall be reviewed by DT4X Trader every 3 months. All Traders will be advised by DT4X Trader if their review is successful. All decisions made by DT4X Trader in this respect shall be binding on the Trader.
(f) Traders must trade at least 10 trading days from the 25th to the 25th of each month. Trades that are held open for longer than 24 hours to several days/weeks will also be counted towards the 10 trading days requirement for the days that they are held open.
(g) Unless expressly provided otherwise in this Terms and Conditions all trades must conform to any Trading Rules and regulations expressed by DT4X Trader on the Website which rules and regulations are deemed to be expressly included herein and incorporated in this Terms and Conditions by reference.
(h) The Trader shall not use any trading strategies that are designed to circumvent any of the rules and regulations specified by DT4X Trader, or which in the sole and absolute opinion of DT4X Trader are not within normal prudent trading parameters or are in the absolute opinion of DT4X Trader intended to cause loss to it. DT4X Trader shall at all times retain the right and absolute discretion to determine what conduct or trading strategies of the Trader fall outside such parameters.
(i) Traders shall only trade Approved Trading Instruments (currency pairs, gold and silver) on the Funded Trading Account. Indices, cryptocurrencies and other instruments are strictly prohibited and trading of any such instruments will count towards a rule violation and any profits accruing in respect of trading the forbidden instruments will be reversed and costs incurred will be charged to the User’s Funded Trading Account. It shall be irrelevant that instruments other than the Approved Trading Instruments may appear on trading terminals depending on the broker that the User has elected to trade through.
(j) With the exception of the Maximum Drawdown/Max Loss rule and any forbidden trading activities such as arbitrage, each trader is allowed a maximum of two trading rule violations, On the first infraction of a trading rule, a first and final written warning will be issued to the offending Trader. If any further trading rule violation occurs even if it is of the same type of the first violation, the Trader’s Funded Trading Account will be immediately terminated and all trading privileges withdrawn, and any accruing profit will be lost. In the case of the Maximum Drawdown rule and forbidden trading activities, any violation will result in an immediate termination of the Trader’s Funded Trading Account and all trading privileges will be withdrawn.
(k) All Traders are reminded that the gearing on all Funded Trading Accounts is restricted to 1:10. Depending on the Trader’s choice of broker, their Funded Trading Account may indicate a higher gearing level. For example, Funded Trading Accounts on IC Markets indicate a gearing level of 1:25, this being the lowest gearing level offered by this broker. Notwithstanding the higher gearing indicated on some trading accounts, all Traders are required to trade to a gearing level of 1:10 as indicated on the individual package rules accepted by Traders when making their purchase. It shall be the obligation and responsibility of each Trader to adhere to the 1:10 gearing level. Any violation of this rule shall be considered a violation of the Trading Rules. DT4X Trader has elected on this approach to allow Traders to be given a choice of the most competitive/popular brokers.
(l) If the Trader is in violation of any of our terms, conditions or Trading Rules, DT4X Trader may at its sole and absolute discretion terminate the Funded Trading Account of the Trader but it shall not be obligated to do so. DT4X Trader may at its absolute discretion elect to allow the Trader to maintain their Funded Trading Account and continue trading. However, all trades in profit will be ignored for the purpose of calculating the Trader’s profit for the month in which a violation takes place.
(m) All profit Payouts shall be paid in 5% blocks based on the Opening Account Balance of the Trader’s Funded Trading Account. For example, if the Trader has a 50,000 account the Payouts would be paid as $2,500, $5,000, $7,500, and so on. If the Trader’s profit for any month is calculated at say $4,600, the profit Payout for that month will be based on $2,500 and the balance $2,100 will be rolled over into the next month. The Trader will receive 60% of each profit withdrawal with the balance being paid to DT4X Trader.
(n) All trades entered by a Trader on any Funded Trading Account must be capable of being accurately copied by DT4X Trader onto its own master trading account if it elects to do so at its absolute discretion. DT4X Trader must be able to accurately replicate any and all trades if it elects to do so. DT4X Trader must be able to copy the trades without incurring any slippage, arbitrage losses or other factors which may result in inaccuracies. Traders must adjust their trading strategies to accommodate such copying of trades. Any trading strategies used by the Trader which prevent DT4X Trader from copying trades accurately onto its master trading account will constitute a breach of trading conditions and DT4X Trader shall be entitled to terminate the Funded Trading Accounts without any compensation to the Trader.
(o) The Trader shall not use any trading strategies that are designed to take advantage of the differences between simulated trading accounts and real trading accounts. The usage of any such trading strategies by a Trader shall constitute a breach of the terms, conditions, and Trading Rules of DT4X Trader and it may at its discretion terminate the Funded Trading Account on which such trading activity took place without any compensation to the Trader.
(p) Notwithstanding that profit Payouts may already have been made, DT4X Trader shall at all times retain the right to audit and review the trading history of all Trading Accounts to ensure that all Trading Rules and this Terms and Conditions have been complied with and also to ensure that no amounts have been paid out in error. If a subsequent review of its records by DT4X Trader indicates that the Trader has traded in a manner that is detrimental to the interests of DT4X Trader and has caused unfair losses to it or that an error has been made in the Payouts, DT4X Trader at all times retains the right to claw back any profits paid out to the Trader on such trading activities. Any such clawback of profits may at the discretion of DT4X Trader be set off against any current profits of the Trader.
(q) If any Funded Trading Account shall be in violation of the terms, conditions and Trading Rules, the fact that some of the trades are not in violation of the terms, conditions and Trading Rules shall entitle the trader to receive any compensation in respect of the compliant trades.
(r) All Users may not have more than 1 Membership Account and no Trader shall have more than 2 Funded Trading Accounts concurrently. A maximum of 2 accounts per household are permitted.
4.5 If a Trader is in breach of any of the conditions referenced in this Clause, DT4X Trader will immediately cease funding their Funded Trading Account without notice to the Trader and all open trades will be closed. The Trader will lose all Membership rights and benefits and the Trader will not be entitled to any amount paid to DT4X Trader in respect of the Membership or to any profit generated on the Funded Trading Account. The Trader may apply to DT4X Trader to have the account reset subject to payment of the appropriate fee.
4.6 DT4X Trader shall at all times retain the absolute discretion to change any of the terms and conditions attached to the Funded Trading Accounts or add new terms and conditions, including but not limited to a change in the business model used by DT4X Trader for the provision of its Products and Services. Any such changes will become effective as soon as the changes are posted on the Website. It is the responsibility of the Trader to check for any changes from time to time.
4.7 The User expressly acknowledges that DT4X Trader has made him/her aware that:
(a) the User is not required to place/deposit funds with DT4X Trader for any purpose, including gaining access to a Funded Trading Account;
(b) DT4X Trader does not and will not provide any financial advice;
(c) any trading activities undertaken by the User will be at the risk of the User;
(d) DT4X Trader will not manage any of the User’s funds;
(e) DT4X Trader will not execute or place any trade for the User for any purpose.
(f) DT4X Trader shall at its absolute discretion be at liberty to copy any of the trades of the Trader on the Funded Trading Account to its own trading accounts and the Trader consents to such copying of trades without any reservation and the Trader shall not be entitled to any payments of any kind in respect of any copied trades except the 60% share of trading profits of their own Funded Trading Account.
4.8 For the avoidance of any doubt, the Trader expressly and irrevocably agrees to the following:
(a) the gearing of 1:10 applies at the account level and not on a trade level and the gearing requirements apply to all stop and limit trades placed. This means that if you have 5 trades open, the stop loss of the 5 trades in aggregate must comply with the gearing requirements, including any stop and limit trades;
(b) the Trader will comply with a gearing level of 1:10 on their account irrespective of what the title of the account says and what the gearing level of the account actually is. It shall be the sole responsibility of the Trader to comply with the gearing requirements of 1:10. For example, if the Trader elects to use IC Markets as a broker, the actual gearing of the account will be 1:25 as that is what is offered by the broker. Notwithstanding this, the Trader is required to size trades in such a way that the gearing requirements of 1:10 are adhered to at all times. No deviation from this will be tolerated. Traders are advised to use a margin calculator to ensure that their trades are in compliance with the 1:10 gearing;
(c) If the Trader breaks any Terms and Conditions and/or Trading Rules during any Payout period, the Trader will lose all Payout rights for all trade for the Payout period in which a rule infraction takes place not just for the noncompliant trades. Even if you have only one trade that is in breach of the Terms and Conditions and Trading Rules, the Trader will lose Payout rights in respect of all the trades during the relevant Payout period. In addition, your opening account balance for the next Payout period will be reset to the opening balance at the beginning of the period in which an infraction occurs;
(d) All earnings in a Payout period during which an infraction of the Terms and Conditions and Trading Rules takes place will not be eligible to be counted towards any of DT4X Trader’s programs and packages, e.g the Scaling Up;
(e) To qualify for a Payout in any Payout period, the Trader must have executed at least one trade that meets the requirements of the Terms and Conditions and the Trading Rules on at least ten (10) trading days of each Payout period. Traders are reminded that the entry of micro lots solely for the purpose of meeting this requirement is not acceptable and the consistency rule relating to the ten (10) day period must also be adhered to.
(e) All accounts must be registered in the name of the beneficial owner of the account and such owner must comply in all respects with our AML/KYC policies;
(f) All Payouts will only be made to accounts registered in the name of the beneficial owner of a trading account. Under no circumstances will any Payout be made to any account that is not registered in the name of the beneficial owner;
(g) All trades must have a stop loss when placed, including stop and limit trades and the aggregate of the stop losses for all the open trades must comply with the gearing requirements of 1:10:
(h) The trader will abide by the consistency rule applicable to complying with the minimum trading days requirement. The use of micro lots for this purpose is not acceptable and shall be excluded from determining whether the condition has been satisfied;
(i) High Frequency trading is not an acceptable trading strategy, whether executed manually or by use of software. Any trades deemed to be High Frequency Trading by DT4X Trader in its absolute discretion will be considered to be a violation of DT4X Trader’s Term and Conditions and Trading Rules and the Trader will not be eligible for any profit Payout in the period in which such trading takes place.
(j) DT4X Trader operates a minimum 5 pip profit rule for trades to be eligible for Payout calculation. This means that if you close any trade for less than 5 pips profit, the profits from such trades will not be taken into account when calculating the Trader’s profit Payout for any period.
(k) In cases where any trading rule and/or requirement is mentioned on our website at www.dt4xtrader.com but is not expressly mentioned or listed in this Terms and Conditions, such Trading Rules and/or requirements are deemed to be expressly incorporated into this Terms and Conditions by reference as if such Trading Rules and/or requirements are expressly written herein.
(l) If any provision of this Clause 4.8 is in conflict with any other provision in this Terms and Conditions and/or our website at www.dt4xtrader.com, the provisions of this Clause 4.8 shall prevail for all purposes and in all circumstances.
(m) Traders are required to comply in full with our AML/KYC requirements at the time of making any purchase on our Website. If it is subsequently that the Trader has failed to comply with the AML/KYC requirements in any way, DT4X Trader shall at all time have the absolute right to terminate the Funded Trading Account of the Trader and any profits earned will be disqualified for the calculation of Payouts to Traders.
5. Acceptance of The Terms and Conditions By Users
5.1 All visitors to the Website should read this Terms and Conditions before using the Website. If the User does not agree with the Terms and Conditions, he/she should refrain from using the Website.
5.2 Continued usage of the Website for any purpose shall be deemed to be an express acceptance of this Terms and Conditions for all purposes by the User without any reservations.
5.3 By using the Trading Platform or any part thereof for any purpose, the User accepts the Terms and Service of the Broker and of the developer of the Trading Platform. If the User does not agree with the Terms and Conditions, of the Broker and of the developer of the Trading Platform he/she/it should refrain from using the Broker and the Trading Platform.
5.5 In purchasing access to a Funded Trading Account, the Trader expressly undertakes and covenants to DT4X Trader he/she/it has read all the Terms and Conditions relating to the use of a Funded Trading Account and the Website, in particular, but limited to the provisions stated in Clause 4 and Clause 14 relating to online trading conditions and prohibited conduct on the part of the Trader.
6. Intellectual Property
6.1 The Content constitutes the Intellectual Property of DT4X Trader, who reserves all rights to it without exception. DT4X Trader gives no authorization to any party to exploit commercially the Content, in whole or any part thereof. Any unauthorized use of DT4X Trader’s Intellectual Property is prohibited may be an infringement of applicable laws. For avoidance of doubt, it is expressly stated that no party is authorised to copy any part of the Website, in whole or in part, for any purpose, whether for profit or not, and no party is authorised to publish the Content on any website or in any other forum or channel.
6.2 Any posting by the User on the Website shall become the exclusive property of DT4X Trader. However, the User will be responsible for the content of the posting for all purposes, including breach of copyright, theft of Intellectual Property, libel, slander, racial discrimination, sexual discrimination. DT4X Trader may remove any content posted by the User from the Website at its discretion.
6.3 No User is authorised to download, use, manipulate, trade or deal in any images, videos and other materials posted and displayed on the Website. Users may share posted materials via social media exclusively in the manner provided for sharing on the Website.
6.4 Owners/creators of any material found to be used on the Website without their authority or consent should make a written submission to DT4X Trader of the possible breach of intellectual property rights. DT4X Trader will investigate the matter and if the claim is substantiated, it will remove the offending material from the Website without delay. All such notifications should be sent to [email protected].
7.1 The User’s purchase of a Membership through the Website shall only be confirmed when login details for the Client Area and the Trading Platform are sent to the User even though payment by the User has already been made to DT4X Trader.
7.2 All Users wanting full access to the Website and the Products and Services must complete the registration process to become a Member of DT4X Trader and be accepted by DT4X Trader as a Member. The acceptance of any User’s registration shall be at the discretion of DT4X Trader.
7.3 The User represents, undertakes, and warrants to DT4X Trader that they are not barred from accessing the Website or receiving the Content and Products and Services in the User’s jurisdiction. The User also undertakes that the information provided in the registration process is true and correct and the User agrees to update such information in a timely manner. As part of the registration process, the User agrees to be bound by DT4X Trader’s AML Policy and the User agrees and undertakes to assist DT4X Trader to meet its AML obligations.
7.4 All mandatory questions must be answered, and the User is encouraged to also answer any optional questions. The answers will assist DT4X Trader to determine whether the registrant meets its criteria for membership and is a suitable candidate to become a Member.
7.5 DT4X Trader always reserves the right to terminate ab inito or suspend the Member’s account if any of the information provided is found to be misleading, incorrect, or false. DT4X Trader may take such action it sees fit without giving notice or without any reference to the Member.
7.6 It is the policy of DT4X Trader not to share, sell or otherwise deal in the personal contact details of the User.
7.7 The Member shall be responsible for all activity that occurs in or through his/her/its account and the Funded Trading Account without exception and shall be responsible for their security. The Member shall not at any time and for any reason share the accounts with any other person or legal entity and shall keep the Username and the password of both the Client Area and the Trading Platform private. If there is a security breach, the Member undertakes to inform DT4X Trader Notwithstanding the acceptance of such responsibility for the contents of his/her/its account, the Member shall not create any content which:
(a) causes harm, interferes with or disrupts access to the Website (or the servers and networks) or the Trading Platform, including distribution of files containing viruses, corrupted files and the like;
(b) misrepresents the Member’s affiliation or identity or impersonates any person or entity;
(c) is racist, bigoted, sexually discriminating, sexual in nature, harassing, obscene, profane, offensive or which may incite hatred of any kind or is illegal or which may promote illegal acts to be committed or which the Member knows or believes are untrue, inaccurate, false, malicious, libellous or slanderous;
(d) is in any way linked or aligned to or with any terrorist group or groups or in any way incites or promotes acts of terrorism and/or violence or contain instructions which may result in acts of violence and terrorism;
(e) creates unlawfully threatening or unlawfully harassing content, including indecently representing a person of any gender and/or age;
(f) probes, scans or tests the vulnerability of the Website or any connected networks or the Trading Platform, or breach security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any User to its source, or exploit the Content and personal identifying information;
(g) which may create liability for DT4X Trader or cause it to lose the services of its internet service provider, vendors or other parties necessary for the operation and functioning of the Website;
(h) could lead to the exploitation of any person for economic or other purposes;
(i) relates to a Ponzi scheme, pyramid or other investment scheme, chain letters, unsolicited mailings and other similar activities, including money laundering in any form;
(j) infringes or violates the rights of any third party, directly or indirectly, including rights to intellectual property and rights to privacy, including all parties related to the Trading Platform; and
(k) to solicit the performance of any illegal activity which is not already covered in the other provisions of this Clause.
7.8 In purchasing access to a Funded Trading Account, the Trader expressly undertakes and covenants to DT4X Trader he/she/it has read all the Terms and Conditions relating to the use of a Funded Trading Account and the Website, in particular, but limited to the provisions stated in Clause 14 relating to prohibited conduct on the part of the Trader.
8. Refund Policy
After completion of the registration process and payment for the Membership and the License to use the Funded Trading Account, all Users are entitled to cancel their Membership and ask for a full refund of their Membership Fee for a period of 14 days from date of the registration provided that:
(a) the User has not made any trades on the Funded Trading Account on the Trading Platform or through any other means. DT4X Trader’s refund policy will lapse as soon as the Member places any trade through the Funded Trading Account;
(b) the User has not breached this Terms and Conditions in any way.
Where DT4X Trader accepts the User’s request for a refund, any Membership Account and/or Funded Trading Account will be immediately cancelled and terminated and the refund will be processed within 14 days of the receipt of the refund request.
9.1 The User expressly agrees not to make any chargeback claims on any payments made to DT4X Trader whether by way of credit card, Paypal or any other payment channel without first contacting DT4X Trader. In any such situation, the User expressly agrees to provide DT4X Trader with full details relating to the intended chargeback claim.
9.2 If the User makes any chargeback claim, DT4X Trader shall at all times be entitled to suspend any Membership Accounts of the User and suspend the payments of any profit Payouts from such accounts to the User.
9.3 If the User makes any chargeback claim, DT4X Trader shall be entitled to recover from the User any amounts paid by DT4X Trader to the User in respect of any Membership Accounts of the User, including but not limited to any and all profit Payouts without exception.
9.4 If the User makes any chargeback claim whether successful or not, the User expressly agrees to pay for all costs incurred by DT4X Trader in respect of defending such chargeback claims, including but not limited to all lawyer and other legal fees.
10. AML Policy And Anti-Fraud Policy
10.1 As part of the obligations under various jurisdictions and DT4X Trader and the Website’s own internal AML Policy, Users may be requested to provide verification of identity and address, source of funds and depositing and withdrawal methods used. This verification may take place during the registration process or subsequently. Users are advised that it is illegal to deposit funds sourced from any criminal activity into their accounts. As part of its AML obligations, DT4X Trader is required to monitor the usage of the Website and the Funded Trading Accounts of Members. Any activity that is in breach of any laws and regulations and DT4X Trader’s AML policy will be reported to the relevant authorities and the User’s account will be suspended or terminated without notice, including any Funded Trading Accounts and no profits will be paid out to Users in respect of such accounts. The User’s accounts will also be terminated if the verification information requested is not supplied within the required time. For transactions above a certain limit, DT4X Trader is required to collect additional information about the User’s deposit or withdrawal. This may include additional documents to verify the identity and address of Users and the source of their funds.
10.2 DT4X Trader also has a zero tolerance Anti-Fraud Policy that uses various tools, procedures and techniques to detect fraud. The types of conduct that Users are absolutely prohibited from include but are not limited to the following:
(a) any type of collusion or collaboration with any other User or other party;
(b) creating any kind of strategy that is contrary to the policies of DT4X Trader;
(c) engaging in any fraudulent activity in conjunction with any other parties;
(d) unwarranted credit card chargeback transactions or denial of certain payments;
(e) creation of accounts in the name of other persons but under the control and/or operation of one person or a group or groups of persons working together;
(f) providing false, forged and/or inaccurate documents to DT4X Trader; and
(g) any other fraudulent or criminal conduct.
If any User is discovered engaging in any of the above activities, DT4X Trader will terminate their accounts without notice and report the person to the relevant authorities.
10.3 It shall at all times be the sole responsibility of Users to ensure that they have met DT4X Trader’s AML Policies.
11.1 In the registration process, the User will consent to receiving promotional text messages, emails, and any other forms of communications from DT4X Trader for the following:
(a) addition of new products and services;
(b) addition of new brokers to our panel of recommended brokers;
(c) special offers and promotions;
(d) marketing material; and
(e) developments in the Prop Fund industry.
11.2 If the User does not wish to accept promotions or other communications, the User can send an email to [email protected]requesting to be removed from our marketing database. Users should note that they will continue to receive some communications from DT4X Trader on matters relating to their account and critical information relating to the Website. User’s will need to provide their full name and contact details for verification purposes.
12. Use of the Website
12.1 Use of the Website is strictly restricted to people who have reached the age of 18 and up, and who can enter into a legal agreement in their jurisdiction. The User expressly warrants and undertakes that he/she/it has the capacity and authority to enter into this Terms and Conditions Agreement with DT4X Trader. The User shall only have access to the Website and the Funded Trading Account for as long as all the terms and conditions set out in this Terms and Conditions and its related documents are observed.
12.2 Unregistered users are granted limited access to the Website to allow them to form an opinion on whether they wish to register as Members. If the User desires to proceed with a registration, then he/she/it will gain access to all the features and benefits.
13. License to Use the Website and Trading Account
13.1 Subject to the terms and conditions in this Terms and Conditions, DT4X Trader grants to the User a limited non-transferable license to use the Website and the Funded Trading Account for personal and non-commercial purposes on a non-exclusive, non-transferable, non-shareable and limited basis. The User shall not have any other entitlement to use the Website or Funded Trading Account in any way. DT4X Trader does not in any way grant any kind of fair use or creative commons license to anyone.
13.2 The License only grants to the Member a right to use the Funded Trading Account. At no time shall the Member have any ownership rights in the Funded Trading Account or to the balance of virtual funds standing to the credit of the Funded Trading Account. Nor does the Member have any ownership right in respect of any profits that may be distributable from the Funded Trading Account. However, the Licence does grant to the Member to receive from DT4X Trader 60% of profits generated by the Traders own trading activities on the Funded Trading Account. For the purposes of this Clause, profits shall be defined as all amounts in excess of the opening balance of the Funded Trading Account provided that such amounts were generated solely by the Member’s own trading activities using only trading strategies which meet the policies, rules and regulations of DT4X Trader.
13.3 The User shall not use the Website or the Funded Trading Account for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use which DT4X Trader shall in its discretion deem nefarious, obnoxious or objectionable or which could render DT4X Trader in danger of criminal and or civil liability in any jurisdiction and/or which could in any way damage the reputation of DT4X Trader or the Website’s commercial and economic viability.
13.4 DT4X Trader offers no assurance or guarantee that the User will be able to access the Website or the Funded Trading Account on a continuous on demand basis nor does it make any representation as to the suitability of the Website or the Funded Trading Account to the User.
13.5 DT4X Trader retains the right to make any changes to the Website or the Funded Trading Account it sees fit with no obligation to give the User prior notice of such changes. DT4X Trader shall also be at liberty to change the business model of the Website, in whole or in part, at any time notwithstanding any other term or the Licence or this Terms and Conditions.
13.6 The term of the License commences when the User starts to use the Website on each visit and shall continue until that the User exits the Website or DT4X Trader otherwise terminates the License at its discretion. For Members, the License shall continue until such time that the Member deletes his/hers/its account or DT4X Trader cancel or deletes the account for any reason.
- Forbidden Conduct And Obligations Of The User
14.1 Traders have an expectation that DT4X Trader will behave ethically and pay out profits to them as they are earned. Likewise, DT4X Trader expects Traders to conduct their trading activities in an ethical and legal manner within what are generally considered to be ethical trading parameters.
14.2 DT4X Trader has no issue with Traders making a profit and in fact encourages it. However, it will not tolerate any trading activities, which in its absolute opinion, are intended to ‘game’ Funded Trading Accounts or to take unfair advantage of market and trading conditions.
14.3 Traders must only use trading strategies and activities that DT4X Trader will be able to replicate on its own trading account producing the same results as the Trader.
14.4 The Trader is expressly prohibited from engaging in the following activities and conduct in relation to the use of the Funded Trading Account for any purpose:
(a) Knowingly or otherwise using any trading strategies designed to take advantage of any difference in the pricing between real trading accounts and the Funded Trading Accounts, including any pricing differentials generated by slow data feeds;
(b) Knowingly or otherwise using any trading strategies designed to take advantage of any errors in the Services provided by DT4X Trader in the form of the Funded Trading Accounts;
(c) Use of any Martingale or derivative or similar trading strategies. A simple example of a Martingale strategy would be where the Trader doubles the lot size of each trade following a losing trade or where the lot size of any trades following any initial trade is increased by a multiple of greater than one (1). Such strategies inevitably lead to overtrading and margin calls
(d) Copying trades from the accounts of other traders whether using software or manually;
(e) Allowing third parties to trade their accounts whether on a paid or unpaid basis;
(f) Trading the accounts of other traders whether on a paid or unpaid basis;
(g) Using multiple accounts, whether in the name of the Trader or in the name of other individuals or entities for the purpose of manipulative trading designed to cause loss to DT4X Trader;
(h) Use of any high speed trading strategies of any kind;
(i) Conduct of trades on the Funded Trading Account in a manner that is inconsistent with the conduct of ethical and judicious trading on a real trading account;
(j) Conduct of trades in a manner that DT4X is not able to reproduce on its own trading accounts for any purpose;
(k) Any conduct that may be considered to be ‘gaming’ the Funded Trading Account;
(l) Trading in any manner which is considered by DT4X Trader in its sole and absolute opinion to be deceitful, unethical or intended to take unfair advantage of trading conditions;
(m) Any other conduct which DT4X Trader believes is designed or intended to manipulate prices, execution of trades and the use of arbitrage activities of any kind, including but not limited to latency abuse, price manipulation or time manipulation.
If in the sole and absolute opinion of DT4X Trader has engaged in any forbidden or unethical activity or conduct in relation to the Funded Trading Account or otherwise, DT4X may at its sole and absolute discretion take one or more of the following actions in relation to an offending Trader and/or their Funded Trading Account(s) and the Funded Trading Accounts of any other Traders that are associated or connected with such forbidden or unethical activities or conduct:
(i) Suspend the Funded Trading Account(s) which are suspected to be affected the forbidden and unethical activities and conduct took place;
(ii) Terminate the Funded Trading Account(s) on which the forbidden and unethical activities and conduct took place without any compensation except for a refund of the Fee less any costs and expenses incurred by DT4X Trader;
(iii) Treat all the offending trades as void ab inito and remove them from the history of the Funded Trading Account(s) on which the forbidden and unethical activities and conduct took place without any compensation to the account owners and recalculate the balance of the affect Funded Trading Accounts;
(iv) Withhold any ‘profit’ that deemed to be payable to the Trader based on the unadjusted balance of the Funded Trading Account(s) on which the forbidden and unethical activities and conduct took place; and
(v) Take such other action as DT4X Trader in its absolute discretion deems appropriate, including but not limited to taking all necessary actions to recover any monies previously paid out on Funded Trading Account(s) on which the forbidden and unethical activities and conduct took place.
14.5 The User may only share Content through any social media sharing features provided on the Website, the User shall not distribute, modify, recreate, reverse engineer, create derivative works from, transfer, or sell any Content, for commercial or non-commercial purposes, and whether in modified form or not.
14.6 The User will only make use of the interface provided by DT4X Trader to access various parts of the Website. Any manual or automated process to access, acquire, copy or monitor any portion of the Website or its Content, or reproduce or circumvent the navigational structure or presentation of the Website is expressly prohibited.
14.7 Users shall not engage in advertising to, or solicitation of, other Users to buy or sell any products or services not made available by DT4X Trader.
14.8 Users shall not use any Content to harass, abuse, or harm another person. DT4X Trader will disclose information, to law enforcement or other government agencies in connection with any investigations or proceedings.
14.9 In respect of any material or information posted, the User undertakes and warrants to DT4X Trader:
(a) no royalties shall be payable, or licenses, approvals and consents required;
(b) it will not contain any thing prohibited by this Terms and Conditions or contain any libellous, slanderous or other tortuous content;
(c) it will not infringe any third party rights, intellectual property or right to privacy; and
(d) will conform and comply with all the laws of Scotland and their own jurisdictions.
14.10 The User shall at all times engage in any trading activities in a responsible and sensible manner. Before engaging in such activity, the User will take into consideration his/her disposable income and available financial resources and financial commitments. Under no circumstance should the User engage in trading activity when under the influence of alcohol, drugs or any other thing that could affect the cognitive capacity of the User. If the User is under any duress, he/she should immediately contact a suitable professional for appropriate assistance.
15. Disclaimer Of Warranties And Liabilities
15.1 The principle of ‘caveat emptor’ shall apply for all purposes to the Website and its content, current and future. To the maximum extent allowed by law without exception, DT4X Trader excludes, disclaims and limits all liability in all jurisdictions however arising for any loss of whatever nature and by whatever cause to the User, directly or indirectly, from usage of the Website and the Content. The User expressly agrees to the exclusion of liability by DT4X Trader as stated in this Clause and further agrees that he/she/it shall use the Website, the Content, the Products and Services and the Funded Trading Account entirely at his/her/its own risk.
15.2 The Content is made available to the User on an “as is” basis. DT4X Trader gives no warranties or undertakings, express or implied, including no implied warranties for fitness for purpose, merchantability of Products and Services or to title. The User uses the Website, the Content, the Products and Services and the Funded Trading Account entirely at his/her/its own risk.
15.3 Without limiting Clause 15.1, Clause 15.2 or any other relevant provisions in this Terms and Conditions, DT4X Trader expressly excludes and disclaims all warranties, undertakings, representations or liability, express or implied, that:
(a) the User’s purpose(s) of visiting and using the Website, the Content, the Products and Services and the Funded Trading Account will be met, in full or in part;
(b) the Content will be uninterrupted, secure, reliable or error-free or to any schedule;
(c) maintenance and/or updates for any purpose will be provided;
(d) the Website, the Content, the Products and Services and the Funded Trading Account is/are legal for use in any jurisdiction;
(e) the User’s data will be available on a continuous basis or that it will be retained for any given period or that no loss of such data will occur for any reason. (The User is recommended and encourage to have a backup of all data);
(f) relate to any third party websites, whether linked, advertised or promoted. The User makes use of any third party website entirely at his/her/its own risk;
(g) relates to products or services advertised by any third party on the Website; and
(h) no viruses, worms, bugs, malware, extortion ware, trojan horses, trackers and others of the like that will be present on the Website or be transmitted and/or downloaded to the User’s device(s) from and/or through the Website and/or DT4X Trader’s servers. The User is urged to take appropriate safeguards before downloading any information from the Website.
15.4 No Content shall in any way be interpreted as the giving of advice and/or a call to action. All Content is for information purposes only and Users must exercise their own caution, discretion and judgment as to how they wish to use such Content.
15.5 Under no circumstances shall DT4X Trader and/or the Website in any way be responsible for any losses that may be incurred by the User as a result of a malfunction or failure of the computer hardware, software and internet connections of the User and/or the Brokers (including any third parties assisting the Brokers in providing the Products and Services and the Funded Trading Account to the User).
16. Indemnification And Limitation Of Liability
16.1 The User unconditionally and irrevocably agrees to indemnify and hold harmless the Website and DT4X Trader from and against actions brought by third parties and any arising losses, liabilities, costs and other expenses, including attorney fees, where such action arises from:
(a) the activities of the User;
(b) violation by the User of this Terms and Conditions or the License;
(c) content posted by the User; and/or
(d) any content or material transmitted by the User through the Website in violation of any laws and/or regulation or infringes the rights of any third party or their right to privacy.
16.2 The Trader unconditionally and irrevocably agrees to indemnify DT4X Trader against any losses incurred by it as a result of any forbidden and/or unethical activities and conduct on his/her/its Funded Trading Account(s) in contravention of the Terms and Conditions, including but not limited to all profits and other payments made by DT4X Trader to the offending Trader before such forbidden and/or unethical activities and conduct were discovered by DT4X Trader. The Trader agrees that this indemnity shall extend to all legal and administrative costs and expenses incurred by DT4X Trader in respect of any legal or investigatory action to be taken against the Trader or engaging any debt collection agencies to recover monies owed by the Trader to DT4X Trader.
16.3 The User unconditionally and irrevocably agrees to indemnify DT4X Trader against any losses incurred by it as a result of any false or misleading information, representation or undertaking provided by the User in registering an account on the Website.
16.4 DT4X Trader shall not be liable in any way for any losses by the Trader as a result of the unavailability of access to their Funded Trading Account(s) for any reason, including but not limited to any malfunction or other downtime of the servers on which the Funded Trading Account(s) are hosted whether such servers are owned by DT4X Trader or not.
16.5 The User expressly agrees that the limit of liability of the Website and DT4X Trader to the User in any dispute shall be the value of any purchase made by the User through the Website and if no purchase has been made, liability shall be limited to United States Dollar one ($1.00).
16.6 The User expressly acknowledges, agree and accepts that:
(a) the Website and DT4X Trader shall not be liable to the User for any other loss or harm of whatever nature, economic or otherwise, however suffered; and
(b) the Website and DT4X Trader shall not be liable to the User for any equitable and/or liquidated damages of whatever nature for any loss howsoever arising;
(c) the exclusion of liability by the Website and DT4X Trader forms the basis on which the License is granted to the User on the terms and conditions set out in this Terms and Conditions.
16.7 If the User is dissatisfied with the limitation of liability, the User must immediately terminate his/her/its account and cease using the Website, the Content, the Products and Services and the Funded Trading Account for any purpose.
17. Communications From DT4X Trader
The User expressly and irrevocably agrees to receive communications in any form whatsoever from DT4X Trader, including emails and SMS text messages in relation to the Products and Services and offers, promotions and marketing materials also for news on new additions to the rankings. The User may opt out of receiving marketing materials at any time by giving written notice to DT4X Trader by email to dt4xtrader.com [email protected]. The email should give details of the email address to be removed from our database and the name of the registered owner, the street address and telephone number of the owner. DT4X Trader will manually confirm the User’s identity and confirmation for deletion. The User’s details will be deleted as soon as the identity verification is completed.
18. Disclosure Of Identity To Copyright Claimants
If the User posts any material on the Website, and DT4X Trader receives a notice of violation from a third-party of their rights and or intellectual property or their right to privacy, DT4X Trader retains the right to disclose the User’s identity to such third-party. The party making such a claim will be required to provide sufficient information and evidence supporting their claim and the sufficiency of such information and evidence shall be at the discretion of DT4X Trader.
19. Events Of Default And Termination Of Funded Trading Accounts
19.1 The following shall be considered to be Events of Default for all purposes:
(a) The Trader providing access of any kind to any third party to his/her/its Funded Trading Account for any purpose whatsoever;
(b) Registering a Funded Trading Account for the benefit of any third parties, including but not limited as a nominee or trustee;
(c) In any way benefitting from any Forbidden Conduct or Unethical Conduct;
(d) Any conduct which in the absolute opinion of DT4X Trader amounts to wilful misconduct, misfeasance, fraudulent, negligent, nefarious, intended to create an unfair advantage or other conduct designed or intended to cause loss to DT4X Trader;
(e) Any kind of manipulation or interference with the trading platforms or servers on which Funded Trading Accounts are hosted whether owned by DT4X Trader or not;
(f) The Trader changes or attempts to change the password of other details of their Funded Trading Account(s);
(g) The Trader accesses, attempt to access, or otherwise circumvent the security measures of the trading platform on which their Funded Trading Account(s) are hosted;
(h) The Trader uses or attempts to use any spiders, worms, trojan horses, time bombs, or other code or instructions designed to damage or modify the trading platform on which their Funded Trading Account(s) are hosted;
(i) Breach of any laws or regulations of the jurisdiction of this Terms and Conditions and/or the Trader’s jurisdiction; and
(j) Breach of any provision(s) of this Terms and Conditions;
19.2 If an Event of Default occurs DT4X Trader may:
(a) with immediate effect terminate the Funded Trader Account(s) of the Trader and/or other Trader who allow access to their Funded Trading Account(s);
(b) treat the Trader(s) accounts as void ab inito from the time of registration;
(c) nullify ab inito all trades carried out on the Trader’s Funded Trading Account(s) by the Trader or by any third party, whether through the use of any software, manually of by any other means. On completion of the nullification, DT4X Trader shall adjust the balance of the affected Funded Trading Account(s) to what it considers to be the true balance and shall be entitled at its absolute discretion to cancel any profits earned on such Funded Trading Account;
(d) withhold any funds that it suspects have been made from the Forbidden and/or Unethical activities or conduct;
(e) take any other action that it considers appropriate, including but not limited to make appropriate reports to the appropriate authorities.
19.3 DT4X Trader may terminate or suspend the accounts of a User if in its opinion the User has breached the Terms and Conditions or the License or whose conduct brings disrepute to DT4X Trader or the Website or has in any way harmed the business and/or the goodwill of DT4X Trader and DT4X Trader shall be under no obligation to provide the User with an explanation for such termination and/or suspension.
19.4 The termination and/or cancellation shall be effective on sending an email notice to the User. Upon such termination and/or suspension, DT4X Trader may seek to recover from the User damages in respect of any conduct and/or actions by the User leading to the termination and/or suspension. On termination, the User hereby expressly agrees not to register or attempt to register for another account on the Website.
19.5 On termination of the account of the User, any information, images, videos or other content of whatever nature shall no longer be accessible to the User and DT4X Trader shall not be liable to the User in any way for the inaccessibility and/or loss of all such information. The User is strongly advised and encouraged to keep a backup of all information and materials.
20. Disclosure Of The User’s Personal Information
20.1 DT4X Trader will not disclose the personal information of the User except pursuant to a valid court order and/or search warrant.
20.2 DT4X Trader has the liberty to use the User’s personal information in anonymous form for the purpose analysing the performance of the Website and such analysis may be carried out by a third-party contractor. The third party shall only receive your data in anonymous form and shall be under a contractual obligation not to make any unauthorized use of your personal information or to disclose it to any other party.
21. Ownership Change
In the event that DT4X Trader and/or its assets, including the Website, Content and all Intellectual Property relating thereto, are purchased by a third party, in whole or in part, DT4X Trader shall retain the right to transfer the personal details of Users and all information relating to and/or provided by Users to the Buyer subject to a confidentiality undertaking from the Buyer.
22. Third-Party Websites and Applications
23. Personal Injury Liability
DT4X Trader shall not in any way be liable to the User if he/she suffers any personal injury in the process of using the Website or taking up any offers on the Website. Users shall take such offers on their own volition and do so entirely at their own risk and DT4X Trader gives no direction, inducement, enticement, or encouragement whatsoever, direct or indirect, to Users to take up such offers.
24. Privacy Policies And Cookies
24.1 DT4X Trader collects information on Users and their interaction with the Website. Some of this information may be personally identifiable information relating to the User’s identity. For example, information provided on account registration. This information is captured, processed, and stored in accordance with DT4X Trader’s Privacy and Cookies Policy, which forms an integral part of this Terms and Conditions. The Terms and Conditions and the Privacy and Cookies Policy should be read in conjunction. By using the Website, the User is expressly agreeing to DT4X Trader collecting and processing personal information.
25.1 If a dispute relating to this Terms and Conditions and/or any aspect of the Trading Account arises between the User and DT4X Trader which they are unable to resolve between themselves, including but not limited to a breach of terms and conditions, the User and DT4X Trader shall be obliged to first participate in an independent mediation process under the rules of Scottish Mediation (www.scottishmediation.org.uk) or such other mediation service as DT4X Trader may select at its absolute discretion. The User and DT4X Trader shall not resort to any other dispute resolution process, including arbitration and court proceedings until; the mediation process has been completed. While the findings and recommendations of the mediator shall not be binding, the User and DT4X Trader shall act in good faith when considering such findings and recommendations in an effort to resolve the dispute. If the mediator is unable to resolve the dispute between the Parties within 90 days of a Party requesting a mediation, Clause 25.2 shall apply.
25.2 If the mediation process set out in Clause 25.1 is unable to settle any dispute(s) between the Parties, then the User and DT4X Trader irrevocably agree that any outstanding dispute shall be exclusively and finally settled by arbitration before a single arbitrator to be selected by DT4X Trader and the arbitration shall be conducted in accordance with the current rules of the Scottish Arbitration Centre, which rules are deemed incorporated into this Agreement by reference, or such other independent arbitration body in Scotland as DT4X Trader may select at its absolute discretion. The arbitrator shall be wholly independent of the User and DT4X Trader. The arbitration shall be conducted in, and the award shall be rendered in the English language. The arbitral award shall be final and binding on the User and DT4X Trader and shall be the sole and exclusive remedy between the Parties regarding any Dispute between them provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this Agreement and any decision or award shall be consistent with the provisions and intent of this Agreement, and judgement on any award may be entered into any court having jurisdiction thereof.
25.3 All provisions of the Arbitration Act 1996 of the United Kingdom are expressly excluded from application to this entire Terms and Conditions.
25.4 Except as otherwise provided and/or as provided by the arbitrator, the Parties shall pay for their own legal and filing fees.
26. Modifications And Amendments
DT4X Trader reserves the right to modify and amend the Terms and Conditions as it see fit and such amendments and modification shall become effective immediately on the new Terms and Conditions being posted on the Website. Any use by the User of the Website after any modification or amendment of the Terms and Conditions is effective shall be taken as an express agreement by Users to the amended Terms and Conditions. It shall be the sole responsibility of Users to review the Terms and Conditions posted on the Website from time to time to review any amendments and the User expressly acknowledges and accepts such responsibility. If the User does not accept the amendments, the User must stop using the Website.
27. General Provisions
27.1 Delays, Indulgences And Omissions– A delay or indulgence or omission in exercising any right, power or remedy pursuant to the terms of this Agreement shall not in any way impair or be construed as a waiver of such rights, powers or remedies.
27.2 Exercise Of Rights– Any exercise of any rights, powers and remedies or non-exercise thereof shall not preclude or restrict any other or further exercise of such rights, powers or remedies.
27.3 Waivers– A waiver of any breach of any term(s) or of a default shall not constitute or be deemed to be a waiver of any other breach or default that shall already have occurred at the date of such waiver, or which may occur in the future and the waiver of any breach or default shall not preclude the party subsequently requiring compliance.
27.4 Cumulative Remedies– All rights and remedies are cumulative and not exclusive of any rights, powers and remedies granted by law.
27.5 Severability– If any provision or term is or shall become illegal, invalid or unenforceable under the laws of any jurisdiction such event shall not in any way affect or impair the validity and enforceability of any other provisions and terms.
27.6 Notices – The User expressly consents to receiving all notices from DT4X Trader by electronic means and DT4X Trader shall give notices to the User by means of an email addressed to the User at the last email address provided by the User and/or posting a notice on the Website. Notices of a legal nature may be sent to [email protected].
27.7 Entire Agreement – This Terms and Conditions represents and constitutes the entire understanding and relationship between DT4X Trader and the User, and it supersedes all prior understandings and undertakings between them.
27.8 Third Party Rights– The benefits, terms and conditions or any other aspect of this Terms and Conditions may not be enforced by any person or entity who is not a party to this Terms and Conditions.
27.9 Successors and Assigns – This condition and the agreement with regard to the conditions set out here are binding and should benefit both parties and their respective successors and heirs, for the management of people and permitted assignments.
27.10 Interpretation – Headings in this Terms and Conditions are for convenience only and shall not be used in the interpretation of any provision or terms of this Terms and Conditions.
27.11 Vienna Convention– All provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded for the purposes of this entire Terms and Conditions and from any future amendments.
28. GDPR Compliance
DT4X Trader respects and complies with the EU General Data Protection Regulations (“GDPR”). Some of the keyways DT4X Trader will comply with these regulations are:
(a) Data Controller
DT4X Trader may, if necessary, process your personal data for certain internal purposes as a Data Controller. For example, to comply with its legal obligations, billing purposes and other administrative support functions. DT4X Trader may also process the information for the purposes of marketing its products and services to existing customers. Except for services like Google Analytics and Mailchimp, DT4X Trader does not use the services of third-party contractors to process your data and at this time DT4X Trader does not intend to change this policy. If this changes in the future, all third-party contractors will be put under a contractual obligation to maintain the security of your personal data and not to use it for any purposes not authorised by the User and DT4X Trader.
DT4X Trader asks that the User actively consent to any contact from it and DT4X Trader will explain clearly what the User are consenting to. The User has the right to withdraw any consent given to DT4X Trader at any time and the User can do so without fear of any repercussions of any kind. DT4X Trader will however cease to provide the service(s) for which the User withdraws consent. The User may withdraw consent by sending us an email stating what consent is withdrawn. The withdrawal of consent will be implemented within thirty (30) days of days of the written notice.
(c) Breach Notification
In the event DT4X Trader is in breach of any term or condition, it will notify the User immediately it becomes aware of the breach. This applies to any breach to security in relation to your personal information.
(d) Right to Access
The User has the right to request information as to whether personal data relating to them is being stored and processed, where it is being processed and for what purpose. The User is entitled to request for a copy of the personal data retained by DT4X Trader and it shall provide the User with a copy of the said information by way of email.
(e) Right to be Forgotten
The User has a right to request for personal data retained by DT4X Trader to be deleted. Where possible, DT4X Trader will endeavour comply with the request within thirty (30) days of receiving it. However, in certain instances DT4X Trader will not be able to comply with the request. For example, where the law requires DT4X Trader to retain the data or where DT4X Trader must retain some of your personal data for our accounting and taxation purposes. Users can write to [email protected] or talk to live support if they wish to opt-out and remove their details from our database.
(f) Data Portability
The User has a right to deal with his/her/its personal data as he/she/it sees fit. At the User’s request, DT4X Trader will provide a copy of the personal data.
DT4X Trader has implemented appropriate technical and organizational measures to comply with GDPR regulations and to protect the User’s personal data. DT4X Trader will hold and process only the necessary data to allow for the efficient running of its business and the Website and it limits access to the User’s personal data to those who need to.
Where DT4X Trader processes any of the User’s personal data for any reason whatsoever, DT4X Trader shall:
(i) require the User’s written request where the processing to be performed is at his/her/its request;
(ii) ensure that persons authorized to process the personal data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality.
(iii) take all measures as are required pursuant to Article 32 of GDPR for Security of Processing;
(iv) respect the conditions referred to in paragraphs 2 and 4 of Article 28 of GDPR for engaging another Data Processor;
(v) make available to the User information necessary to demonstrate compliance with GDPR regulations.
29. CCPA Compliance
29.1 Since 1stJanuary 2020, the California Consumer Privacy Act (“CCPA”) afforded specific rights to consumers resident in California to ensure that their privacy and their personal data is protected. While DT4X Trader does not fall within the ambit of the CCPA as it does not fall within its provisions, it will comply with its requirements on a purely voluntary basis for the benefit of all our Users resident in the US.
29.2 The rights conveyed by CCPA include the right to require businesses to disclose information about the collection and use of their personal information over the past 12 months. You may also ask DT4X Trader to delete any personal information that it will collect from Users. In the event that DT4X Trader decides to sell the personal information of Users, something that will never happen, Users have the right to opt out of such sale. In the event that the User exercises any of his/her/its rights conferred by CCPA, DT4X Trader is/are not allowed to discriminate against the User for exercising his/her/its rights.
29.3 For the purposes of CCPA, DT4X Trader would be classified as a ‘Service Provider’.
29.4 Should the User wish to delete any of his/her/its information collected by DT4X Trader, the User should send a written request to [email protected]. DT4X Trader will assess the request and comply with it if the request does not wall within our exceptions to meet the User CCPA requests. These exceptions mainly relate to legal and statutory regulations which require DT4X Trader to maintain certain User information. These usually relate to accounting and tax matters.
30. Governing Law
This Terms and Conditions shall be governed solely by the laws of Scotland. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Users may be resident in jurisdictions other than Scotland. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, and the courts of Scotland shall have jurisdiction.
31. Use Outside Jurisdiction
31.1 The Website and Products and Services are for all purposes domiciled in Scotland. DT4X Trader does not grant access to the Website and Content to any Users who are in any jurisdictions where it would not be legal, whether by national or international law, to use the Website or Content.
31.2 In using the Website, the User represent to DT4X Trader that they made the necessary checks to determine that they are entitled to use the Website and Content in their respective jurisdictions.
31.3 Any taxes of whatever nature that may arise as a result of using the Website from outside the Jurisdiction shall be solely and exclusively for the account of the User.
You may contact DT4X Trader for any purposes at [email protected] or at:
GreatGadgetz Ltd T/A DT4X Trader
272 Bath Street
Scotland, G2 4JR
33. Effective Date
This Terms and Conditions is effective from the 28th January, 2022 and shall remain in effect until such time it is superseded by an update or terminated by DT4X Trader.