These General Terms and Conditions (“GTC”) of GOLD FUNDED (the "Provider") govern the rights and obligations in relation to the use of the services provided by GOLD FUNDED L.L.C-FZ (the "Services"), offered primarily through the www.goldfunded.com website (the "Website"). Please read these GTC carefully. You are under no obligation to use the Services if you do not agree with or understand any part of these Terms, nor should you use the Services unless you understand and agree to these Terms.
INTRODUCTORY PROVISIONS
1.1. These GTC govern your ("You", "Your" or "Customer") rights and obligations in connection with the use of the Services provided by GOLD FUNDED L.L.C-FZ, having its registered office and registered address at Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E, registered with the Registrar of Companies under Formation Number 2419099.
1.2. By registering on the Website, or where registration is not required but no later than the initial use of the Services, you enter into a contract with the Provider, the subject matter of which is the provision of the Services of your choice. The GTC form is an integral part of the contract and by entering into the contract with the Provider, you signify your agreement to these GTC.
1.3. The Services are intended only for persons over the age of 18 residing in the country for which the Services are available. By registering on the Website, you confirm that you are 18 years of age or older. If you are under 18, you may not use the Services. You undertake to access the Services only from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in certain countries, and you agree to access and use the Services only in accordance with the applicable laws of the country in which you use the Services.
1.4. The Provider will not provide Services to a Customer who:
(i) is a citizen or resident of the Restricted Jurisdictions;
(ii) is established, or incorporated, or has a registered office in the Restricted Jurisdictions;
(iii) subject to appropriate international sanctions;
(iv) has a criminal record related to financial crimes or terrorism.
1.5. The Services consist of providing tools for simulated currency trading on the FOREX market or simulated trading of other instruments on other financial markets, providing analytical tools, access to the Customer Section and other ancillary services, in particular through the Customer Section or by providing access to applications provided by the Provider or third parties. The simulated trading uses financial market information; however, you acknowledge that you are aware that any trading you conduct through the Services is not real. You also acknowledge that the demo trading funds provided to you are fictitious and that you are not entitled to hold these fictitious funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to any repayment of these funds. Unless otherwise expressly agreed, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be obliged to pay any losses.
1.6. None of the services provided to you by the Provider can be considered an investment service in accordance with applicable laws. The Provider does not give or provide you with any guidance, instructions or information as to how or in what manner you should transact when using the Services or any similar information regarding the investment instruments traded, the Services provided should not be taken as any guidance, instructions or information from us. None of the Services constitute investment advice or recommendations. No employees, staff or representatives of the provider are authorized to provide investment advice or recommendations. If any information or statement of any employee, staff or representative of the provider is construed as investment advice or recommendations, the provider expressly disclaims that the same is investment advice or recommendations and will not be liable for the same.
1.7. Your personal data is processed in accordance with the Privacy Policy.
1.8. The meaning of definitions, expressions and abbreviations used in these GTC can be found in clause 18.
SERVICES AND THEIR ORDER
2.1. You may order the Services through the Website by completing the relevant registration or order form. After registration, we will email you the login details for the customer section and/or trading platform and allow you to access them.
2.2. The Services include, among other things, the Free Trial, GOLD FUNDED and the Verification Products; these products may vary in the scope of the Services provided (e.g., through analytical tools available to the Customer). With the Free Trial, you may use some of the Services in a limited scope and for a limited period for free. Completion of the free trial does not entitle you to access any other Services.
2.4. You acknowledge that if you provide an identification number, tax registration number or other similar information on the registration or order form or in the customer section, or if you indicate that you are a legal entity, you will be deemed to be an entrepreneur (trader) for the purposes of these GTC.
2.5. The fee for the GOLD FUNDED Challenge varies depending on the option selected and is dependent on the amount of initial capital, the level of acceptable risk, the parameters that must be met in order to qualify for the GOLD FUNDED Challenge and subsequent verification, and possibly other configurations. More detailed information on the individual options and the fees for these options is provided on our website. The final fee will be determined based on the option you select when completing the GOLD FUNDED Challenge order form. Provider reserves the right to provide the Services on individually negotiated terms as well. Any individually negotiated terms are determined by the Provider at its sole discretion. Individual discounts and other benefits may not be combined unless otherwise expressly stated by the Provider.
2.6. The Fee is payable in order for you to be permitted to access the GOLD FUNDED Challenge or the Services provided under the GOLD FUNDED Challenge. The Customer will not be entitled to a refund of the fee if, for example, the Customer cancels the Customer Section or requests the cancellation by email, the Customer terminates the use of the Services or the Contract (for example, fails to complete the GOLD FUNDED Challenge or Check), fails to comply with the terms of the GOLD FUNDED Challenge or Check, or breaches these GTCs.
2.7. If the Customer makes an unfounded complaint about the fee paid or disputes the fee paid to the Customer's bank or payment service provider (e.g. through reversal services, dispute services or other similar services), on the basis of which cancellation, reversal or refund of the fee or any part thereof is made, the Provider shall have the right at its sole discretion to suspend the provision of any services to the Customer and to refuse future provision of any services.
2.8. Your choice of the GOLD FUNDED Challenge option you selected when you placed your order will apply to the subsequent check. You will run the subsequent Verification and, possibly, other related products with the parameters and the same currency that correspond to your selected GOLD FUNDED Challenge option. Once you have made a selection, it is not possible to change it. If you order a new GOLD FUNDED Challenge, the restrictions set out in this clause 2.8 do not apply.
2.9. The Provider reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful performance. The change does not affect Services purchased prior to the change.
2.10. All data entered in the order form may be checked, corrected and changed until a binding order for the Services is placed. The order of the Services selected by you is made by submitting the order form. The Provider will confirm receipt of your order to the email address you have provided. In the case of a free trial, the order is complete upon receipt of the confirmation to your email address, whereby the contract is fulfilled. In the case of the GOLD FUNDED Challenge, the order is fulfilled upon payment of the fee for the selected option (more about this in section 3.4), which fulfills the contract between you and the Provider, the subject of which is the provision of the GOLD FUNDED Challenge and, if the conditions of the GOLD FUNDED Challenge verification are met. The contract shall be concluded in English. By entering into this contract, you represent that you understand the English language and the GTC. We archive the contract electronically and do not allow access to it.
2.11. You acknowledge that in order to use our Services, you must obtain the appropriate technical equipment and software, including third party software (e.g. software for use on the Trading Platform), at your own risk and expense. The Website is accessible from most commonly used web browsers. Access to the internet, purchase of the equipment and purchase of the web browser and its updates are at your own risk and expense. Provider does not warrant that the Services will be compatible with any particular equipment or software. Provider does not charge additional fees for internet connectivity.
2.12. You acknowledge that the other Trading Platform operators are individuals or entities other than the Provider and that their own terms and conditions and privacy policies will apply when you use their services and products. You are required to read these terms and conditions and privacy policies before submitting an order form.
2.13. If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Provider may notify the Customer via the Customer Section as a precautionary measure to mitigate potentially harmful behavior by the Customer. If such unreasonable conduct continues after notice, we reserve the right to discontinue all further orders of the Services by Customer. If we determine that the unusual conduct under this paragraph is related to Customer's participation in Prohibited Business Practices, we may take appropriate action as set forth in Section 5 of this GTC Provider reserves the right to determine in its sole discretion the nature of the conduct described above and the reasonable limits for such determination.
PAYMENT TERMS
3.1. GOLD FUNDED Challenge option fee amounts are in Euros. The fee can also be paid in other currencies indicated on the website. If you select a currency other than the Euro, the fee amount for the selected GOLD FUNDED Challenge option will be converted at our exchange rates and will automatically display your total payment amount in your selected currency so that you know how much you are paying before you confirm your order. The Customer acknowledges that if payment is made in a currency other than that which the Customer has selected on the Website, the amount will be converted at the current exchange rate in effect at the time of payment.
3.2. Service charges include all taxes. If the Customer is an entrepreneur (trader), the Customer shall comply with all its tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of a liability, the Customer shall pay any tax or other charges properly.
3.3. You may pay the fee for the selected option of the GOLD FUNDED Challenge by payment card, bank transfer or other payment methods currently offered by the Provider on the Website.
3.4. In case of payment by bank card or other express payment method, payment shall be made immediately. If you choose a bank transfer for payment, we will subsequently send you a pro forma invoice electronically with the amount of the fee for the GOLD FUNDED Challenge option you have selected on the Website. You are obliged to pay the amount within the period stated in the pro forma invoice. The fee is deemed paid when the full amount is credited to the Provider's account. If you do not pay the amount on time, the Provider has the right to cancel your order. The Customer shall bear any fees charged to the Customer by the selected Payment Service Provider (as per the Payment Service Provider's applicable price list) in connection with the transaction and the Customer shall ensure that the relevant fee for the selected GOLD FUNDED Challenge is paid in full.
CUSTOMER SECTION AND TRADING PLATFORM
4.1. Only one Customer section is allowed per Customer and all Customer services must be maintained on the Customer section.
4.2. The total number of GOLD FUNDED challenges and checks per customer section may be limited depending on the total amount of initial capital amounts of the products ordered by the customer or based on other parameters. Unless the Provider makes an exception for the Customer, Initial Capital Amounts may not be transferred between products or combined with each other. You also may not transfer or combine your performance, service parameters, data or other information between products.
4.3. Access to the Customer section and the trading platform is protected from login data, which the Customer cannot provide or share with any third party. If the Customer has registered as a legal entity, the Customer may authorize the use of the Services via the Customer Section to authorized employees and representatives. Customer is responsible for all activities that occur through Customer's Section or the Trading Platform. The Provider shall not be liable for, and the Customer shall not be entitled to any compensation for, any misuse of the Customer Section, the Trading Platform or any part of the Services, nor shall the Provider be liable for any negative consequences to the Customer should such misuse occur and arise for any reason on the part of the Customer.
4.4. The Customer acknowledges that the Services may not be available around the clock, particularly for maintenance, upgrades or any other reasons. In particular, the Provider shall not be liable and the Customer shall not be entitled to any compensation for any unavailability of the Customer Section or Trading Platform and for any corruption or loss of any data or other content that the Customer uploads, transfers or stores via the Customer Section or Trading Platform.
4.5 The Customer may request termination of the Customer Section at any time by sending an email to support@goldfunded.com. Sending a cancellation request for the Customer Section shall be deemed to be a cancellation request by the Customer and the Customer shall no longer be entitled to use the Services, including the Customer Section and the Trading Platform. The Provider will immediately acknowledge receipt of the Customer's request by email, whereupon the contractual relationship between the Customer and the Provider shall terminate. In such an event, the Customer shall not be entitled to any refund of fees already paid or other costs incurred.
DEMO TRADING RULES
5.1. During the Demo Trading on the Trading Platform, you may execute any transactions unless they constitute prohibited trading strategies or practices within the meaning of Section 5.4. You also agree to follow good market standard rules and practices for trading in financial markets (e.g. risk management rules). Restrictions may also be imposed by the trading conditions of the trading platform you have chosen to trade on.
5.2. You acknowledge that the Provider has access to information about the Demo Transactions that you place on the Trading Platform. You give the Provider your consent to share this information with persons/entities who are grouped with the Provider or who are otherwise connected with the Provider, and you give the Provider and these persons/entities your consent and permission to handle this information at their own will. You agree that these activities may be carried out automatically without the need for any further consent, consultation or approval from you and that you are not entitled to any remuneration or revenue associated with the Provider's use of the data. Provider understands that you are not providing Provider with any investment advice or recommendations through your Demo Trading. You acknowledge that you may stop your demonstration trade on the Trading Platform at any time.
5.3. The Provider shall not be liable in any way for the information displayed on the Trading Platform nor for any interruption, delay or inaccuracy of the market information displayed through and on Your Customer Section.
5.4. Prohibited commercial practices.
5.4.1. During demo trading it is prohibited to: (a) consciously or unconsciously use commercial strategies that use errors in the services, such as errors in pricing or delaying their update; (b) conduct trades using an external or basic data submitter; (c) execute, alone or in consent with other persons, including between related accounts or accounts held to different gold funded subsidiaries, trades or combinations of trades, the purpose of which is to manipulate trading, for example, simultaneous exits into opposites; (d) conducts trade in conflict with the provider's terms and conditions; (e) use any software, artificial intellect, extremely high speed or massive data entry that could manipulate, abuse, or give you an unfair advantage when using our systems or services; (f) Perform gap trading by opening trade(s): (i) Where major global news, macroeconomic events or corporate reports or earnings ("events") that may affect the relevant financial market (i.e. a market that allows trading in financial instruments that may be affected by the events) are planned; and (ii) 2 hours or less before the relevant financial market is closed for 2 hours or longer; or (g) to conduct trade contrary to trade actually conducted in the currency market or any financial market or in any manner, that establishes reasonable knowledge that the provider may suffer financial or other harm as a result of the customer's activities (e.g. overdraft, overexposure, one-sided bets, account termination).
5.4.2. As our Customer, you must know, understand and agree that all of our services are for the Customer 's personal use only, which means that only you personally have access to your GOLD FUNDED challenge and verification accounts and to make transactions. For this reason you shall not and you agree not to:(a) you authorize a third party to access and trade your GOLD FUNDED challenge and checking accounts, nor shall you engage or cooperate with any third party or third party to execute trades for you, whether such third party is an individual or a professional; (b) provide access to GOLD FUNDED challenge and verification accounts from a third party, trade on behalf of any third party, or perform account management or similar services for third parties when you agree to trade, operate or manage GOLD FUNDED challenge and verification accounts on behalf of another user, whether as a professional or otherwise. Please note that if you act or behave contrary to the foregoing, we will consider such action/behavior to be a prohibited business practice under section 5.4. with the relevant consequences as perceived under these GTCs.
5.4.3. In addition, the Customer may not use the Services by executing trades without applying market standard risk management rules for trading in financial markets, this includes, but is not limited to, the following practices:(i) opening significantly larger position sizes than the Customer's other trades, whether in this or another Customer account, or (ii) opening a significantly smaller or larger number of positions than the Customer 's other trades, whether in this or another Customer account. Provider reserves the right to determine in its sole discretion whether certain transactions, practices, strategies or situations are Prohibited Trading Practices.
5.5. If the Customer engages in any of the Prohibited Business Practices described in Section 5.4, then:(i) The Provider may consider this to be a failure to comply with the terms of the specific GOLD FUNDED challenge or verification,(ii) The Provider may remove transactions that violate the prohibition from the Customer's trading history and/or disregard their results in the profits and/or losses achieved from the demonstration trade, (iii) immediately cancel any Services provided to the Customer and subsequently terminate this Agreement or (iv) reduce the leverage offered on products to 1:5 for some or all of the Customer's accounts.
5.6. In the event that any or all of the Prohibited Trading Practices are executed on one or more GOLD FUNDED Challenge and Verification Accounts of a single Customer, or accounts of different Customers, or by combining trading through GOLD FUNDED Challenge and Verification Accounts and GOLD FUNDED Trader Accounts, then the Provider shall be entitled to cancel all Services and terminate all relevant Contracts relating to any and all GOLD FUNDED Challenge and Verification Accounts and/or apply any other measures in clause 5.5. The Provider may exercise any and all actions in clauses 5.5 and 5.6 at its sole discretion.
5.7. If any GOLD FUNDED Trader Account has been used for or has engaged in Prohibited Trade Practices, this can and will constitute a breach of the relevant GOLD FUNDED Trader Account terms and conditions with a third party provider and may result in the cancellation of all such user accounts and termination of the relevant agreements by the third party provider.
5.8. If the Customer engages in any of the practices described in clause 5.4 repeatedly and the Provider has notified the Customer of this, the Provider may prevent the Customer from accessing all or any part of the Services, including access to the Customer Section and the Trading Platform, without any compensation. In such an event, the Customer shall not be entitled to a refund of any fees paid.
5.9. The Provider shall not be liable for any trading or other investment activities carried out by the Customer outside the relationship with the Provider, for example by using data or other information from the Customer Section, the Trading Platform or otherwise related to the Services in actual trading on financial markets, even if the Customer uses for such trading the same Trading Platform that the Customer uses for demo trading.
5.10. The development of financial markets is subject to frequent and abrupt changes. trading on financial markets may not be profitable and may result in significant financial losses. any past performance and profits from a customer's demo trade are no guarantee or indication of future performance.
Gold Funded Challenge and Verification
6.1. Upon payment of the fee for the selected option of the GOLD FUNDED Challenge, the Customer will receive the relevant login details to the Trading Platform at the email address provided by the Customer or in the Customer section. The Customer activates the GOLD FUNDED Challenge by opening the first demo trade in the Trading Platform. You acknowledge that by opening the first demo trade you are expressly requesting the provider to provide full services. If you are a consumer, this means completing the services before the expiry of the withdrawal period, which affects your right to withdraw from the contract as further detailed in clause. if you do not activate the GOLD FUNDED Challenge within 30 calendar days of the date it was provided to you, your access to it will be suspended. You may request a renewal of your access through the customer section or by emailing support@goldfunded.com within 6 months of the initial suspension, otherwise we will cease to provide the Services without refund.
6.2. In order for the Customer to qualify for the GOLD FUNDED Challenge, the Customer must simultaneously meet all of the following:
6.2.1. The Customer has opened at least one demo trade on at least fourteen different calendar days;
6.2.2. on no calendar day during the GOLD FUNDED Challenge does the Customer report a loss on demo trades opened and closed on that day that exceeds a percentage of the initial capital for the relevant option as described below: GOLD FUNDED Challenge total 5% of initial capital total 10% of initial capital total 5% of initial capital;
6.2.3. at no time during the GOLD FUNDED Challenge does the Customer report a loss on open and closed demo transactions that would exceed, in aggregate, the percentage of the initial capital for the relevant option as described below: GOLD FUNDED Challenge total 10% of the initial capital total 6.2.4. The Customer has a total profit from all closed demo trades of at least a percentage of the initial capital for the respective option as described below.
6.3. If the Customer has fulfilled the conditions of the GOLD FUNDED Challenge set out in clause 6.2 and at the same time has not breached these GTC, in particular the demo trading rules set out in clause 5.4, the Provider will assess the GOLD FUNDED Challenge as successful and make the Verification available to the Customer free of charge by sending login details to the Customer's email address or Customer Section. The Provider shall not evaluate the GOLD FUNDED Challenge if the Customer has not closed all trades.
6.4. The Customer activates the Verification by opening the first demo trade in the Trading Platform. If the Customer does not activate the Verification within 30 calendar days from the day the Customer received the new login details, the Customer's access to the Verification will be suspended. The Customer may request a resumption of access via the Customer Section or by emailing support@goldfunded.com within 6 months of suspension, otherwise we will cease providing the Services without refund.
6.5. In order for the Customer to meet the conditions of the Verification, the Customer must simultaneously meet all of the following:
6.5.1. at the time of the Verification, the Customer has opened at least one Demo Trade on at least four different calendar days; 6.5.2. during none of the calendar days during the Verification has the Customer reported a loss on demo trades opened and closed on that day that exceeds a percentage of the initial capital for the relevant option as described below: Verification total 5% of initial capital total 10% of initial capital; 6.5.3. at no time during the Verification has the Customer reported a loss on the sum of open and closed demo trades that exceeds, in aggregate, the percentage of initial capital for the relevant option as described below: Verification Aggressive Verification total 10% of initial capital total. 6.5.4. The Customer has a total profit from all closed demo trades of at least a percentage of the initial capital for the respective option as described below.
6.6. In order for the Customer to comply with the terms of the Check, the Customer must: 6.6.1. The Customer has complied with the Verification conditions set out in clause 6.5; 6.6.2. the Customer has not breached these GTC, in particular the demo trading rules under clause 5.4; and 6.6.3. the Customer has not exceeded the maximum aggregate Capital Allocation of USD 200,000 , individually or in combination, per Customer or per Trading Strategy, as defined in the applicable GOLD FUNDED Trader Program Agreement, if the Customer is already participating in the GOLD FUNDED Trader Program. If the above conditions are met, Provider will evaluate the Verification as successful and recommend Customer as a candidate for the GOLD FUNDED Trader Program. The Provider shall not evaluate the Verification if the Customer has not closed all transactions.
6.7. If, during the GOLD FUNDED Challenge, the Customer fails to comply with any of the conditions set out in clause 6.2.2 or 6.2.3, the GOLD FUNDED Challenge will be deemed unsuccessful and the Customer will not be allowed access to the subsequent Verification. If during the Verification the Customer fails to comply with any of the conditions set out in clause 6.5.2. or 6.5.3., the Verification will be assessed as unsuccessful and the Customer will not be recommended as a candidate for the GOLD FUNDED Trader program. In such cases, the Customer's account and Services will be canceled without refund of fees already paid.
6.8. The Provider recommending the Customer as a candidate for the GOLD FUNDED Trader program in no way guarantees the Customer's acceptance into the GOLD FUNDED Trader program. Provider shall not be liable for Customer's withdrawal from the GOLD FUNDED Trader Program for any or no reason.
GOLD FUNDED TRADER
If the Customer is successful in both the Challenge and Verification, the Customer may be offered a contract by a third party company, at the Customer's discretion, to participate in the GOLD FUNDED Trader program. The terms, conditions and agreement between the Customer and the third party company are strictly between the Customer and the third party company. GOLD FUNDED L.L.C-FZ is in no way involved in the GOLD FUNDED Trader Program agreement - or lack thereof - entered into between the third party company and the Customer. The Customer acknowledges that his/her personal data may be shared with a third party company for the purpose of considering offering such an agreement.
Use of the website, services and other content:
8.1. The Website and all Services, including the Customer Section, their appearance and all applications, data, information, multimedia elements such as text, drawings, graphics, designs, icons, images, audio and video samples and any other content that may form the Website and Services (collectively, the "Content") are protected by copyright and other legal provisions and are the property of the Provider or the Provider's licensors. Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-transferable and revocable license to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are intended and provided. The Content is not sold or otherwise transferred to you and remains the property of Provider or Provider's licensors.
8.2. All trademarks, logos, trade names and other indicia are the property of the Provider or the Provider's licensors and the Provider does not grant you any permission to use them.
8.3 Both the Customer and the Provider undertake to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and in particular not to prejudice the good name and legitimate interests of the other party. The Customer and the Provider shall resolve any disagreements or disputes between them in accordance with these GTC and applicable law.
8.4. Except for the rights expressly set forth in these GTC, Provider does not grant you any other rights relating to the Services and other Content. You may use the Services and other Content only as set out in these GTC.
8.5. When accessing the Services and other Content, the following is prohibited:
8.5.1. Use any tools that may adversely affect the operation of the Website and Services or that are intended to take advantage of errors, bugs or other defects in the Website and Services;
8.5.2. circumventing availability restrictions or any other technical limitations;
8.5.3. make copies or backup copies of the Website and other content;
8.5.4. to reverse engineer, decompile, disassemble or otherwise modify the website and other content;
8.5.5. sell, rent, lease, loan, license, distribute, reproduce, disseminate, stream, broadcast or use the Services or other Content other than as permitted;
8.5.6. to use automated means to view, display or collect information accessible through the Website or Services;
8.5.7. use any other tools or means, the use of which could cause damage to the Provider.
8.6. The provisions of clause 8 are not intended to deprive the Customer of the Customer's consumer rights which cannot be excluded by law
Disclaimer
9.1. You acknowledge that the Services and other Content are provided "as is" with all errors, defects and omissions therein and that your use thereof is at your sole risk and responsibility to the maximum extent permitted by mandatory laws, the provider disclaims all statutory, contractual, express and implied warranties of any kind, including warranties of quality, merchantability, fitness for a particular purpose or non-infringement of any rights.
9.2. To the extent permitted by mandatory provisions of applicable laws, the provider shall not be liable for any damages, including indirect, incidental, special, punitive or consequential damages, including lost profits, loss of data, personal or other non-monetary injury or property damage, caused as a result of the use of the services or the discovery of any tool, functionality, information or other content available in connection with the use of the services or elsewhere on the website.
9.3. The Provider reserves the right to change, modify, replace, add or remove any elements and features of the Services at any time without compensation.
9.4. The Provider shall not be liable for failure to provide the Services purchased if such failure arises due to serious technical or operational reasons beyond the Provider's control, in the event of a crisis or imminent crisis, natural disaster, war, insurrection, pandemic, threat to a large number of people or other force majeure events, and/or if the Provider is prevented from providing the Services as a result of obligations imposed by law or a decision of a public authority.
9.5 The provisions of clause 9 are not intended to deprive the Customer of the Customer's consumer or other rights which cannot be excluded by law.
Violation of the GTC
10.1. If the Customer breaches any provision of these GTCs in a way that is likely to cause any damage to the Provider, in particular if the Customer determines access to the Services conflicts with Clause 1.3 or 1.4, if the Customer provides incomplete, incorrect or outdated information in contravention of Clause 2.3, if the Customer acts in a way that is likely to damage the reputation of the Provider, if the Customer breaches the demo trading rules under Clause 5.4, if the Customer acts in conflict with clause 8.3 and/or if the Customer engages in any of the activities set out in clause 8.5, the Provider may prevent the Customer from ordering any other services and restrict the Customer's access to all or only some of the services, including access to the Customer section and Trading platform, in whole or in part without prior notice and without any compensation.
Communication
11.1. You acknowledge that all communications from the Provider or its partners in connection with the provision of the Services will be made via the Customer Section or your email address that you register with us. Written communication shall also be deemed to be written electronic communication by email or via the Customer Section.
11.2. Our contact email address is support@goldfunded.com and our contact address is Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.
Right of withdrawal
12.1. If you are a consumer, you have the right to withdraw from a contract without giving a reason within 14 days of its conclusion (see clause 2.10 for details of the time of performance of the contract). Please note that if you start making demo trades before the stated limit expires, you lose your right to withdraw from the contract.
12.2. Your withdrawal from the contract must be sent to our email address support@goldfunded.com within the specified period. You can use the template form available here to withdraw. We will acknowledge receipt of the form in text form without undue delay. If you withdraw from the Contract, we will refund to you without undue delay (no later than 14 days after your withdrawal from the Contract) any fees we have received from you in the same way as you paid them.
12.3. The Provider shall be entitled to withdraw from the Contract in the event of a breach by the Customer of the provisions of clause 10. The cancellation shall take effect from the day it is delivered to the Customer's email address or via the Customer Section.
Defective performances
13.1. If the Services are not as agreed or are not provided to you, you may exercise your rights against improper performance. The Provider does not warrant the quality of the Services. You must notify us of the defect without unreasonable delay to our email address or to our address set out in clause 11.2. Where you are exercising rights from defective performance, you may request that we remedy the defect or provide you with a reasonable discount. If the defect cannot be remedied, you may cancel the contract or ask for a reasonable discount.
13.2. We will try to resolve any complaint you may make as soon as possible (no later than 30 calendar days) and will confirm receipt and settlement in writing. If we do not settle the complaint within the time limit, you have the right to cancel the contract. You can make a complaint by sending an email to our email address support@goldfunded.com.
Changes in the GTC
14.1. The Provider reserves the right to change these GTC from time to time with effect for the contract previously concluded by the Customer. The Provider will notify the Customer of the change to the GTC at least 7 days before the change to the GTC takes effect, either via the customer section or by email. If the Customer does not agree with the change, the Customer has the right to reject it. The Customer must do so no later than the last business day before such changes become effective by sending the rejection to our email address support@goldfunded.com. Upon receipt of such rejection, the contract will be terminated. If the Customer does not reject the change, the Customer will be deemed to have agreed to the new version of the GTC.
14.2 If the change offers the Customer a new service or other additional functionality or such change is solely for the Customer's benefit, the Provider may inform the Customer of such change less than 7 days before the effective date of such change but no later than the day before its effectiveness.
14.3. The Provider will mainly change these GTC for the following reasons:
14.3.1. to introduce new services or products or to modify existing services or products;
14.3.2. to reflect any legal or regulatory requirements that apply to the Provider;
14.3.3. where the Provider will attempt to make these GTC easier to understand or more useful to the Customer;
14.3.4. to adjust the way in which our Services are provided, particularly if the change is necessary due to a change in the way technology or background processes are provided;
14.3.5. to reflect changes in the costs of running our business.
Out-of-court settlement of consumer disputes
15.1. Our aim is for our customers to be satisfied with GOLD FUNDED's services; therefore, if you have any complaints or suggestions, we will be happy to resolve them with you directly and you may contact us at our email address or at our address set out in clause 11.2.
Choice of law and jurisdiction
16.1. All legal relationships established by or relating to these GTC and all related non-contractual relationships shall be governed by the laws of the UAE. Any dispute that may arise in connection with these GTC and/or related agreements shall be subject to the jurisdiction of a UAE court having local jurisdiction according to the Provider's registered office.
16.2. The provisions of clause 16.1 do not deprive consumers of the protection afforded by the mandatory laws of the relevant Member State of the European Union or other jurisdiction.
Term and termination of the contract
17.1. The Contract shall be for a specified period until the GOLD FUNDED Challenge or Verification is passed or failed in accordance with Clause 6.2 or 6.5 respectively.
17.2. The Contract shall terminate automatically and with immediate effect in the event that the Customer fails to open at least one Demo Trade for a period of 30 consecutive days during a GOLD FUNDED Challenge or Verification.
17.3. Notwithstanding clause 17.2, the Provider may terminate this Contract with cause and with immediate effect where the provision of Services under a Contract would affect the Provider's ability to comply with its legal obligations or orders or decisions of governmental authorities or other regulatory bodies.
17.4. Either party may terminate this contract without cause by giving at least 7 days' written notice in accordance with clause 11 to the other party.
Final provisions
18.1. The Provider has not adopted any consumer codes of conduct.
18.2. These GTC constitute the complete terms and conditions agreed between you and the Provider and supersede all previous agreements relating to the subject matter of the GTC, whether oral or written.
18.3. Nothing in these GTC is intended to limit any legal claims set out elsewhere in these GTC or arising under applicable law. If the Provider or a third party authorized to do so does not enforce these GTC, this shall in no way be construed as a waiver of any right or claim.
18.4. The Provider may assign any claim arising from the Provider under these GTC or any agreement to a third party without your consent. You agree that the Provider may, as principal, assign its rights and obligations under these GTC or any agreement or parts thereof to a third party. Customer is not authorized to assign or subcontract Customer's rights and obligations under these GTC or any agreement or part thereof, or any claim arising therefrom, in whole or in part, to any third party.
18.5. If any provision of the ToR is found to be invalid or ineffective, it will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. No past or future practices established between the parties and no custom maintained generally or in the industry relating to the subject matter of performance not expressly set forth in the GTC shall apply and no rights or obligations shall be derived therefrom for the parties; nor shall they be taken into account in interpreting the manifestations of the parties' intent.
18.6. The annexes to the GTC are an integral part of the GTC. In the event of a conflict between the wording of the main body of the GTC and any schedule, appendix or otherwise, the main body of the GTC shall prevail.
18.7. Before mutually accepting these GTC, the parties have carefully considered the possible risks arising therefrom and have assumed such risks.
Definitions, expressions and abbreviations used
19.1. For the purposes of the GI, the following definitions have the following meanings:
19.1.1. "Customer Section" means the user interface located on the Website;
19.1.2 "Content" means the Website and all Services, including the Customer Section, their appearance and any applications, data, information, multimedia elements such as text, drawings, graphics, designs, icons, images, audio and video samples and other content that may form the Website and Services (as set out in clause 8.1);
19.1.3 "Customer" means the user of the Services (as defined in clause 1.1);
19.1.4 "Events" means events as set forth in Section 5.4.1(f)(I);
19.1.5 "GOLD FUNDED Challenge and Verification account" means trading accounts associated with trading education courses provided as part of the Services by the Provider;
19.1.6 "GOLD FUNDED Trader Account" means a trading account that is linked to the GOLD FUNDED Trader Program provided by a third party provider;
19.1.7 "Prohibited Business Practices" means business practices that are strictly prohibited when using our Services and are more fully detailed in Section 5.4 of these TOS;
19.1.8. "GTC" means these GOLD FUNDED Terms and Conditions;
19.1.9. "Provider" means the provider of certain Services (as defined in clause 1.1);
19.1.10. "Schedules" means Schedule 1 and any other Schedules, if applicable, which form part of these GTC;
19.1.11. "Services" means the Provider's services as set out in clauses 1.1 and 1.5;
19.1.12. "Trading Platform" means an electronic interface provided by a third party in which the Customer performs demo trading; and
19.1.13. "Website" means the www.goldfunded.com website.
19.2. For the purposes of the ToR and their schedules, the following expressions and abbreviations shall have the following meanings:
19.2.1. "Calendar day" means the period from midnight to midnight of the time currently in effect in London, UK (Daylight Saving) Time.
19.2.2. "Initial Capital" means a notional amount that the Customer has selected when choosing the GOLD FUNDED Challenge option and which the Customer will use to carry out Demo Trading;
19.2.3. "USD" means United States Dollar
19.2.4. "GOLD FUNDED Challenge and Verification account" means trading accounts associated with trading education courses provided as part of the Services by the Provider.
Refund Policy
In this Refund Policy, “us,”, “our”, and “we” shall mean Gold FUNDED LLC FZ (trading as GoldFunded).
Refunds Post-Purchase
Once a purchase has been made and the evaluation credentials have been emailed to the customer, no refunds under any circumstances will be accepted. Customers have the ability to "try before you buy" as noted above and can clearly have a full experience and know what to expect. All sales are final.
Refunds Upon Completion of the Evaluation Program
After you have successfully completed the GoldFunded Evaluation and have entered into a written agreement with us in relation to the proprietary trading phase, you will receive a refund of the initial evaluation fee you paid when you purchased a GoldFunded Evaluation via our website with your first successful profit split payment. Your evaluation fee will not be refunded until you have reached your first profit split.
Acceptance of this Policy
It is your responsibility to familiarize yourself with this Refund Policy. The terms of this Refund Policy, together with our Evaluation Terms and Conditions, are incorporated into your contract with us for the purchase of GoldFunded Evaluations. By placing an order for the purchase of any Gold Funded Evaluation, you indicate that you have read this Refund Policy and that you agree with and fully accept the terms of this Refund Policy. If you do not agree with or fully accept the terms of this Refund Policy, you must not place an order with us. Please contact us at support@Goldfunded.com should you have any questions regarding our refund policy.
Chargebacks
You expressly agree not to make any chargeback claims on any payments made to GoldFunded whether by way of credit card or any other payment channel without first contacting Gold Funded. In any such situation, you expressly agree to provide GoldFunded with full details relating to the intended chargeback claim.
If you make any chargeback claim, GoldFunded shall at all times be entitled to suspend any Membership Accounts or Evaluation Accounts that you may hold and suspend the payments of any profit split payments from such accounts to you.
If you make any chargeback claim, GoldFunded shall be entitled to recover from you any amounts paid by Gold Funded to you in respect of any Membership Accounts or Evaluation Accounts you may hold, including but not limited to any and all profit split payments.
If you make any chargeback claim whether successful or not, you expressly agree to pay for all costs incurred by GoldFunded in respect of defending such chargeback claims, including but not limited to all legal fees.
Changes to this Policy:
We reserve the right to update or change this Refund Policy at any time. Any changes will be effective immediately upon posting on our website.
By shopping with Gold FUNDED LLC FZ, you agree to abide by this Refund Policy. If you have any questions or concerns, please contact our CustomerSupport team
When using our services we process personal data of our customers (“you”, “your” or the “Customer”). This Privacy Policy (the “Policy”) provides you with information about how your data are processed.
In this Privacy Policy, you will find information regarding the following:
Who is the controller of your personal data and whom to contact?
What information do we collect about you and how do we obtain it?
How do we use your personal data?
How do we store personal data and how are they secured?
To whom do we make your personal data available?
Do we transfer your data to third countries and international organizations?
What are your rights and how can you exercise them?
1. WHO IS THE CONTROLLER OF YOUR PERSONAL DATA AND WHOM TO CONTACT?
The controller of personal data is Gold Funded L.L.C.-FZ, with registered office at: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E, 4333, registration number 2419099.01 (hereinafter referred to as “we”, “our”, “our Company”, or “Controller”).
We obtain most of the data we collect about you directly from you in connection with your use of our services. This includes, in particular:
2. WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE OBTAIN IT?
In this section, you can read general information about which of your personal data we collect and how we collect it. Detailed information on the purposes for which we process personal data is given in Section 3 of this Policy. All information on the basis of which we can directly or indirectly identify you or which is related to you is considered personal data.
We obtain most of the data we collect about you directly from you in connection with your use of our services. This includes, in particular:
Data that you provide to us yourself, especially when you register on the website, enter information into your user account, order services, participate in our events and projects, or when you communicate with us through customer support or social networks. These are identification and contact data, specifically the name, surname, telephone number, e‑mail address, postal address, date of birth, username and password, and business identification number or tax registration number, if you are an entrepreneur; payment data, such as bank details; and other data, such as records of communication between you and our company or details of any warranty claims. Data that we automatically collect when you use our services. These are data about your device (such as the IP address, device type, operating system, browser used, connection provider); website usage data (such as the date, time and duration of visit, a country from which you visit the website, website browsing history), and data on the use of services (such as the login and logout information, your account settings, the value of your fictitious capital, your account currency, business strategy).Some data about you is provided to us by third parties, such as providers of trading platforms that you choose for use of our services, and social network operators if you decide to link your social networking accounts to an account on the website. This includes:
Data about the simulated transactions you have completed (such as the type of financial instrument, time of opening and closing the position, amount of investment, profit and loss) and data from social networks (user name, profile picture, e-mail address associated with the account on the social network). For information on how your personal data are processed by trading platform providers and social network operators for their own purposes, please refer to the privacy policies of those parties.
3. HOW DO WE USE YOUR PERSONAL DATA?
We use personal data for the following purposes:
Registration and user account
In order to use the services, you must register on the website and create your account, and for this purpose we process your personal data.
Personal data: identification and contact data; we may also process your data related to the settings of your user account.
Legal ground for the processing: Processing is necessary for the performance of the contract, and the provision of this personal data is required, as we cannot register your user account without them.
Provision of services and exercise of rights and obligations under the contract between us and the customer.
In order to be able to provide you with our services, i.e. in particular to provide you with the relevant access, tools and support, and to carry out trades, we need to process your personal data. For this purpose, the following shall apply:
Personal data: Identification and contact data and, in the case of paid services, also payment data, data on the use of the services, data on the simulated trades and, if you decide to link your social networks accounts with the account on the website, also data from social networks.
Legal ground for the processing: Processing is necessary for the performance of the contract on the basis of which we provide our services, or on the basis of our legitimate interest. After we stop providing you with services, we process personal information for a limited period of time. Such processing is necessary for the purposes of exercising and protecting our rights based on our legitimate interests.
Marketing communication about our services and products or about events in which we take part If you are our current or past customer, we may from time to time send you marketing communications that relate to our services. We may also send you commercial communications to the extent to which you give us your consent. Each of the e-mails sent will be marked as a business communication and each of them will contain a link with the help of which you can easily unsubscribe from the business communications. For this purpose, the following shall apply:
Personal data: Identification and contact data.
Legal ground for the processing: If we have provided you with our services, we may from time to time send you marketing communications based on our legitimate interest, namely keeping in touch with our customers. If you give us your consent to process your data for marketing purposes, then we process your data on the basis there of.
Customer support and communication
If you use our customer support services, we will process your personal data. For this purpose, the following shall apply:
Personal data: Identification data, contact data, other data and data from social networks, if you contact us through social networks.
Legal ground for the processing: Processing is based on our legitimate interest, namely in maintaining customer satisfaction and supporting the use of our services.
Improving services
If you use some of our services, we will process your personal data in order to develop, test and enhance the services and improve their security. For this purpose, the following shall apply:
Personal data: Identification and contact data, data about your device, website usage data, data on the use of the services, and data on the simulated trades.
Legal ground for the processing: Processing is based on our legitimate interest, namely in improving our services.
Analytics
To obtain information about how our website and our services are used, we analyze customer behavior. For this purpose, the following shall apply:
Personal data: Identification data, contact data, payment data, data about your device, website usage data, data on the use of the services, and data on the simulated trades.
Legal ground for the processing: Processing is based on our legitimate interest, namely in ascertaining customer behavior and estimating customer preferences.
4. HOW DO WE STORE PERSONAL DATA AND HOW ARE THEY SECURED?
We process your personal data in an encrypted database on computers and other devices. In order to ensure protection against unauthorized access or unauthorized alteration, disclosure or destruction of the data that we collect and process, we have adopted organizational and technical measures to secure them, which we strictly adhere to.
5. HOW LONG DO WE PROCESS YOUR DATA?
Personal data are processed to the extent necessary to fulfill the purposes described above and for the time necessary to achieve those purposes or for a period directly stipulated by law. Thereafter, the personal data are deleted or anonymised. We process personal data for the following periods of time:
For the purpose of performance of the contract and for the exercise of rights and obligations in connection with the contract, including any complaints, settlement of damage claims or related litigation, personal data are processed for the necessary period of time, but not more than 10 years from the termination of the last contract; for the purpose of sending business communications without your given consent, personal data are processed for a maximum of 5 years from the expiry of the last contract between us or until you raise an objection or unsubscribe from the business communications; for the purpose of enhancing our services, we usually process personal data for a maximum period of 6 months; in order to fulfill our legal obligations, we process personal data for the period set out by the relevant legal regulations (e.g. in accordance with tax regulations for a period of 10 years from the issuance of the relevant documents for your order);if you have given your consent, for the period specified in the consent.
6. DATA SHARING AND TRANSFERS TO THIRD COUNTRIES
We make your data available or transfer them to persons that help us provide our services, in particular the following persons:
The trading platform provider, in order to enable you to perform the simulated trades. Other third parties that help us run our website and provide our services (such as other companies in our group, hosting and cloud service providers, payment system operators and financial institutions, providers of customer support tools and services, IT companies and system administrators, marketing and communication agencies, consultants and postal service providers);In addition, we may transfer your data to persons in respect of which you give your consent thereto, as well as in the cases where it is our obligation under the law or under a judicial or any other legally binding decision. Each such entity to whom personal data is transferred is contractually obligated to protect your personal data in accordance with legal provisions and to process the data exclusively according to our instructions.
Certain third parties collect personal data for their own purposes as controllers. In such a case, their own rules for the processing of personal data shall apply.
7. YOUR RIGHTS
You can exercise all your rights mentioned below, including your right to erasure of personal data and the withdrawal of your consent, by sending a request to us via email at support@goldfunded.com, alternatively you can use our contact details in Section 1 of this Privacy Policy. There are no specific words that you must use in your request, but please be specific enough, so we can help you with your request (e.g. identify yourself, specify the right you wish to exercise, what action you wish us to take, details of what personal data you want erased/deleted, etc.)
In connection with the processing of personal data you have the following rights:
Right of access to personal data. You can ask us at any time to send you a confirmation as to whether or not your personal data are being processed. If we process your data, we will provide you with further details on the processing. If you request it, we will also provide you with a copy of the personal data processed. Please note that the first copy is free of charge, but later copies will be provided for a small fee.
Right to rectification of personal data If we process your personal data inaccurately, you can notify us of this fact, and we will rectify the inaccurate personal data without undue delay. If you register on the Website, you will be able to rectify and amend your personal data yourself by editing your user account.
Right to erasure of personal data (“right to be forgotten”)You have the right to obtain from us the erasure of personal data concerning you without undue delay in the following cases:
If the data are no longer necessary in relation to the purposes for which we have collected or otherwise processed them; If you withdraw your consent to their processing and, at the same time, there will be no other legal ground for their processing (this only applies in the cases where we process personal data on the basis of your consent);If you object and there are no overriding legitimate grounds for the processing, or if you object to the processing for direct marketing purposes; or If your personal data are processed unlawfully.
We will not be able to act on the request for the erasure of personal data if their processing is necessary for exercising the right of freedom of expression and information, for compliance with any of our legal obligations, for the performance of a task carried out in the public interest, for the establishment, exercise, or defense of our legal claims, or for other reasons provided for by law.
Right to restriction of processing In cases stated in article 18 of the GDPR, you have the right to obtain from us restriction of processing of your personal data for a certain period.
Right to data portability and to the provision of data in a machine-readable format In the case of automated processing based on your consent or performance of the contract, you have the right to receive the data in a structured, commonly used and machine-readable format and to have them transmitted by us to another personal data controller.
Right to object If we process personal data on the basis of our legitimate interest, you have the right to object to such processing. If you file such an objection, we will not be able to process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests or rights and freedoms, or for the establishment, exercise or defense of our legal claims.
In case we process your personal data for marketing purposes about our products and services, we will terminate the processing without undue delay upon receipt of the objection. In such a case, we will no longer be able to send you offers of our products and services.
Right to withdraw consent If processing is based on your consent, you have the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on the consent given before its withdrawal.
Right not to be the subject of automated decision-making Except where processing is necessary for entering into, or performance of, a contract, where this is permitted by applicable law, or based on your express consent, you have the right not to be the subject of any decision which is based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you to a significant extent.
Right to lodge a complaint with the supervisory authority. The handling of all personal information by the Legal Affairs Department is governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. We are committed to protecting your privacy whether you are browsing for information or conducting business with the government electronically.
How Can You Review, Update, Or Delete the Data We Collect From You? Depending on the laws of your country, you may possess the right to access, modify, or delete the personal information we have collected from you. To do so, please submit a request via email to support@goldfunded.com.
Information Collection and Use
We collect the following personal information for the sole purpose of verifying the identity of our traders:
ID card picture
Selfie with ID card
This information is submitted through our third-party partner, Sumsub. We do not store this information on our platform. Instead, it is exclusively stored and processed by Sumsub in accordance with their own privacy policy.
Purpose of Information Usage
The personal information collected through Sumsub is used solely for the purpose of verifying the identity of our traders. This helps us maintain a secure and compliant trading environment on our platform.
Information Storage and Protection
We do not store any of the personal information collected during the identity verification process. Instead, all data is securely stored by Sumsub. They implement industry-standard security measures to protect the data from unauthorized access, disclosure, alteration, or destruction.
Use of Cookies, Log Files, and Tracking
We do not use cookies, log files, or tracking technologies on our platform. Rest assured that your visit to our website remains private and untracked.
Opting Out of Data Collection/Usage
As a user of GoldFunded, you may only be required to undergo the KYC (Know Your Customer) process if you intend to get funded. If you choose not to proceed with the KYC process, we will fully refund you, and your personal information will not be collected or used for verification.
Third-Party Disclosure
We do not share, sell, or otherwise disclose your personal information to any third parties, except for our trusted partner, Sumsub, for the sole purpose of identity verification.
Contact Information
If you have any questions, concerns, or inquiries regarding your personal information or this Privacy Policy, you may contact us at: Email: support@goldfunded.com.
8. FINAL PROVISIONS
We may change this policy unilaterally, but we will do so only when necessary and we will notify you about such change. You can find the latest version of this policy in your Client Section.