These terms and conditions (the “T&Cs”) govern the rights and obligations in connection with the use of services provided by SD Capital Pte. Ltd. (the “Services”), offered mainly through the MetaTrader trading platform (the “Trading Platform”) accessible at https://www.tradewithcapital.com. Please read these T&Cs carefully. You are under no obligation to use the Services if you do not agree or understand the T&Cs or any part thereof, nor should you use the Services unless you understand and agree to the T&Cs.

1. Introduction

1.1 These T&Cs govern your (“you”, “your”, or the “Trader”) rights and obligations in connection with the use of the Services provided by SD Capital Pte. Ltd, trading under “TradeWithCapital”. (“we”, “our”, or the “Company”).

1.2 By signing up on the Trading Platform, you are entering into a contract with the Company for the provision of the Services. The T&Cs form an integral part of the said contract and by entering into the contract with the Company, you express your agreement to this T&Cs.

1.3 You acknowledge that the operators of the Trading Platform are persons or entities different from the Company, and that the terms and conditions of the Trading Platform (in addition to this T&Cs) will apply when you use the services of the Trading Platform. Before utilising the Services, you should read the terms and conditions of the Trading Platform.

1.4 You should read this T&Cs carefully. If you breach any provision in this T&Cs in a manner which may result in any harm to the Company, the Company may at its sole discretion, in addition to the recourse available to the Company as set out in this T&Cs, prevent you from applying for additional Demo Trading Accounts (as defined below) and/or completely or partially restrict your access to the Services or any part thereof, including but not limited to restricting your access to the Trading Platform and the Dashboard (as defined below), without any prior notice and any compensation.

2. Services Provided

2.1 The Services consists of the following:
(i) provision of instruments for simulation foreign currency trading in the foreign exchange market or with other instruments in other financial markets;
(ii) access to an online portal owned by the Company (“Dashboard”);
(iii) access to trading accounts for simulated trading (including but not limited to the instant funding accounts for simulated trading (“Instant Funding Account”), evaluation accounts for simulated trading (“Evaluation Account”) and a funded account for simulated trading (“Funded Account”), where applicable) on the Trading Platform;
(iv) access to analytical instruments; and
(v) access to any free/paid education and training courses (including but not limited to foreign exchange courses, mentorship and counseling), provided by the Company or any relevant 3rd party partners.

2.2 You acknowledge that to fully utilise the Services, you must obtain the appropriate technical equipment and software (including but not limited to any third party software for the use of the Trading Platform) at your own risk and expense. For the avoidance of doubt, we make no guarantee and/or representation that the Services will be compatible with any specific equipment, software device, program, or add-on obtained by you.

2.3 The Services are only intended for persons over 18 years of age and by registering on the Trading Platform, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services.

2.4 You undertake to access the Services solely from 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 the laws and/or regulations in some countries.

2.5 The Company shall not provide Services to a Trader in the following scenarios:
(i) where the Trader is a natural person, if the Trader is a citizen of or resides in Restricted Jurisdictions;
(ii) where the Trader is not a natural person (e.g. a corporate entity or an unincorporated entity), if the Trader is established, incorporated or has a registered office in Restricted Jurisdictions;
(iii) where the Trader is subject to any international sanctions; and/or
(iv) where the Trader has been convicted of any financial related offense or terrorism.

For the purposes of this Clause 2.5, Restricted Jurisdictions are jurisdictions the Company deems as such at its sole discretion, and published on the Trading Platform.

2.6 When utilizing (a) the Services and the Trading Platform, and (b) all trade marks, service marks, trade names, domain names, logos, registered and unregistered design rights, copyrights, database rights and all other similar rights which may form part of the Services and the Trading Platform (collectively, the “Intellectual Property”), the following are prohibited:

(i) to use any software, hardware or such other tools which may adversely affect the operation of the Services and the Trading Platform, or which would cause any damage to the Company;

(ii) to use any software, hardware or such other tools to view, display or collect information available through the Services and/or the Trading Platform;

(iii) to circumvent any restrictions, including without limitation geographical and technical restrictions, imposed on the utilization of the Services and/or the Trading Platform;

(iv) to make copies or back-ups of the Trading Platform and/or the Intellectual Property;

(v) to reverse-engineer, decompile, disassemble or make such other modifications to the Trading Platform and/or the Intellectual Property;

(vi) to sell, rent, license, distribute, reproduce, stream or broadcast the Services and/or the Intellectual Property (where applicable); and

(vii) to utilize the Services and/or the Intellectual Property in a manner which is not permitted under this T&Cs.

3. Registration

3.1 Modification and Discontinuation

3.1.1 Prices Modification: Unilateral Price Adjustment: The prices for our products are subject to unilateral modification without any obligation of prior notice.

3.1.2 Service Modification and Discontinuation: We retain the unfettered right, at our sole discretion, to modify or discontinue the Service, including the provision of accounts, or any constituent part thereof, without any antecedent notice at any juncture.

3.1.3 Exemption from Liability: The company absolves itself from any liability to you or any third party for alterations in service, price fluctuations, temporary suspensions, or complete discontinuance of the Service. The company expressly reserves the right to unilaterally cease operations at any given time.

3.2 Instant Funding Accounts

3.2.1 There is no limit on the number of Instant Funding Accounts that you can have, as long as the aggregate Capital of all the Instant Funding Accounts do not exceed US$300,000. You may not transfer the initial capital amounts between Instant Funding Accounts nor consolidate them, unless prior approval from the Company has been obtained. For the avoidance of doubt, separate Registration Fees are payable for each Instant Funding Account that you wish to apply for.

3.2.2 If the Trader applies for a significant number of Instant Funding Accounts within a short period of time, the Company may notify the Trader via the Dashboard that such an action constitutes unreasonable behaviour on the part of the Trader. If such unreasonable behaviour continues despite the Company’s notice, the Company shall have the right to suspend the provision of the Services to the Trader.

For the avoidance of doubt, the Company shall determine at its sole discretion, whether the Trader has applied for a significant number of Instant Funding Accounts within a short period of time, such that it constitutes unreasonable behaviour on the part of the Trader.

3.3 Evaluation Accounts

3.3.1 There is no limit on the number of Evaluation Accounts that you can have, as long as the aggregate Capital of all the Evaluation Accounts does not exceed US$300,000. You may not transfer the initial capital amounts between Evaluation Accounts nor consolidate them, unless prior approval from the Company has been obtained. For the avoidance of doubt, separate Registration Fees are payable for each Evaluation Account that you wish to apply for.

3.3.2 If the Trader applies for a significant number of Evaluation Accounts within a short period of time, the Company may notify the Trader via the Dashboard that such an action constitutes unreasonable behaviour on the part of the Trader. If such unreasonable behaviour continues despite the Company’s notice, the Company shall have the right to suspend the provision of the Services to the Trader.

For the avoidance of doubt, the Company shall determine at its sole discretion, whether the Trader has applied for a significant number of Evaluation Accounts within a short period of time, such that it constitutes unreasonable behaviour on the part of the Trader.

3.4 The Registration Fee is inclusive of all taxes, levies and fees which may apply to it under all applicable laws and regulations (the “Relevant Laws”). You are solely responsible and liable for the payment of any and all taxes, levies or fees that apply to you in relation to this T&Cs under the Relevant Laws and you acknowledge and agree that the Company shall not be liable for any such obligations.

3.5 You can pay the relevant Registration Fee using the payment services offered by Stripe, Inc. or using other means of payment that the Company currently offers on the Trading Platform.

3.6 If the Trader files an unsubstantiated complaint or disputes the Registration Fee paid with their bank or payment service provider, whereby an annulment, cancellation or refund of the Registration Fee paid or any part thereof is requested, the Company is entitled to, at its sole discretion, cease the provision of the Services and/or refuse the provision of future Services to the Trader.

3.7 All information provided to us when registering for the Services must be complete, true, and up to date. You must immediately notify us of any changes to the information provided or update your information via the Dashboard. You are responsible for all the provided data being accurate and up to date and the Company is not obligated to verify the information provided.

4. Instant Funding Account

4.1 Upon payment of the relevant Registration Fee, we shall provide you with access to the Dashboard for you to perform simulated trading through the relevant Instant Funding Account on the Trading Platform. The Instant Funding Account is protected by login data that is personal to you (“Login Data”).

4.2 In order to access the Instant Funding Account, we will send the Login Data to your registered email address immediately upon the acknowledgement of this T&Cs. In the event that you do not receive the Login Data within the aforesaid timeframe, you should contact the Company at [email protected].

4.3 You shall not disclose your Login Data to any third party, and shall not transfer and/or assign the use and operation of the Instant Funding Account to any third party. You acknowledge that you shall be solely responsible for the protection of your Login Data, the Instant Funding Account, and for all activities that are performed through the Instant Funding Account.

4.4 The Company uses commercially reasonable efforts to provide the Services in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing the Services may occur due to a variety of factors, some of which are outside of the Company’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Trading Platform, the Services and/or the Instant Funding Account (collectively, “Downtime”). You hereby understand and acknowledge that part or all of the Trading Platform, the Services and/or the Instant Funding Account may be unavailable during any such period of Downtime, and you acknowledge that we are not liable or responsible to you for any inconvenience or losses to you as a result of Downtime.

4.5 Trading Objectives

4.5.1 Upon gaining access to the Instant Funding Account, you shall begin trading with a funded account for simulated trading (the “Funded Account”) on the Trading Platform. In connection therewith, you will be entitled to a reward amounting to 10% (the “Reward”) of the total amount of profits generated by you in the Funded Account for the relevant week. The payout period (the “Payout Schedule”) is dependent on the extent of the consistency rule (the “Consistency Rule” being met.

4.5.1.1 Consistency Rule:
The consistency rule is applicable to all instant funding accounts, regardless of the size of the account.

4.5.1.2 Consistency-Enabled Accounts
Bi-Weekly Payouts: Traders using a consistency-enabled instant funding account are eligible for bi-weekly payouts only if the profit requested for payout is less than 30% of the overall amount and is achieved over the span of one trading day. This measure is implemented to discourage reliance on fortuitous trading outcomes and encourages a consistent trading approach.

4.5.1.3 Non Consistency-Enabled Accounts

Consistency Rule Exemption for Non Consistency-Enabled Accounts (Monthly Payouts): The stipulation regarding consistent trading, as outlined in Clause 4.5.1.2 does not apply to Non Consistency-Enabled Accounts with monthly payouts. Traders utilizing Non Consistency-Enabled Accounts are exempt from the requirement to dilute their trading days and can request payouts without adhering to the aforementioned rule, allowing for more flexibility in withdrawal practices.
4.5.2 There are no trading objectives when utilizing the Instant Funded Account however you will have to adhere to trading rules;

(i) the maximum daily loss during shall be 5% of the account Equity; and

(ii) the maximum overall loss during shall be 10% of the account Equity, or 12% if the account is eligible for additional drawdown.

(iii) 2% additional drawdown can be purchased at the checkout during the purchase of the account.

5. Evaluation Account

5.1 Upon payment of the relevant Registration Fee, we shall provide you with access to the Dashboard for you to perform simulated trading through the relevant Evaluation Account on the Trading Platform. The Evaluation Account is protected by login data that is personal to you (“Login Data”).

5.2 In order to access the Evaluation Account, we will send the Login Data to your registered email address immediately upon the acknowledgement of this T&Cs. In the event that you do not receive the Login Data within the aforesaid timeframe, you should contact the Company at [email protected].

5.3 You shall not disclose your Login Data to any third party, and shall not transfer and/or assign the use and operation of the Evaluation Account to any third party. You acknowledge that you shall be solely responsible for the protection of your Login Data, the Evaluation Account, and for all activities that are performed through the Evaluation Account.

5.4 The Company uses commercially reasonable efforts to provide the Services in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing the Services may occur due to a variety of factors, some of which are outside of the Company’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Trading Platform, the Services and/or the Evaluation Account (collectively, “Downtime”). You hereby understand and acknowledge that part or all of the Trading Platform, the Services and/or the Evaluation Account may be unavailable during any such period of Downtime, and you acknowledge that we are not liable or responsible to you for any inconvenience or losses to you as a result of Downtime.

5.5 Trading Objectives

5.5.1 Upon gaining access to the Evaluation Account, you shall begin the Phase 1 and Phase 2 evaluation processes (collectively, the “Evaluation Course”). For the avoidance of doubt, the Phase 1 evaluation process shall commence once you have access to the Evaluation Account.

5.5.2 During the Phase 1 evaluation process, you will have to achieve a profit target of 8% of the Capital (the “Phase 1 Profit Target”) subject to the following terms:

(i) the Phase 1 Profit Target shall be achieved within an unlimited period, without a period of 30 consecutive calendar days of inactivity, upon commencement of the Phase 1 evaluation process (the “Phase 1 Trading Period”);

(ii) there shall be a minimum of three (3) trading days during the Phase 1 Trading Period;

(iii) the maximum daily loss during the Phase 1 Trading Period shall be 5% of the account Equity; and

(iv) the maximum overall loss during the Phase 1 Trading Period shall be 8% of the account Equity, or 10% if the account is eligible for additional drawdown.

(v) 2% additional drawdown can be purchased at the checkout during the purchase of the account.

5.5.3 Upon successful completion of the Phase 1 evaluation process, you will progress to the Phase 2 evaluation process. During the Phase 2 evaluation process, you will have to achieve a profit target of 5% of the Capital (the “Phase 2 Profit Target”) subject to the following terms:

(i) the Phase 2 Profit Target shall be achieved within an unlimited period, without a period of 30 consecutive calendar days of inactivity, upon commencement of the Phase 2 evaluation process (the “Phase 2 Trading Period”);

(ii) there shall be a minimum of three (3) trading days during the Phase 2 Trading Period;

(iii) the maximum daily loss during the Phase 2 Trading Period shall be 5% of the Capital; and

(iv) the maximum overall loss during the Phase 2 Trading Period shall be 8% of the account Equity, or 10% if the account is eligible for additional drawdown.

(v) 2% additional drawdown can be purchased at the checkout during the purchase of the account.

5.5.4 In the event you do not achieve the Phase 1 Profit Target and/or the Phase 2 Profit Target (whichever is earlier), the T&Cs shall terminate and you shall forthwith lose all access to the Services. There will also be no refund of the Registration Fee paid.

6. Funded Account

6.1 Upon successful completion of the Evaluation Course and the verification of results, you will be granted access to a funded account for simulated trading (the “Funded Account”) on the Trading Platform. In connection therewith, you shall on a bi-weekly basis, be entitled to a reward amounting to 80% (the “Reward”) of the total amount of profits generated by you in the Funded Account for the relevant week.

6.2 The first Reward which you shall receive (if any) upon completion of the second week of having access to your Funded Account shall be inclusive of the refunded Registration Fee.

6.3 In the event you are eligible for the Funded Account, we will notify you of your eligibility and provide a separate agreement (the “Funded Trader Agreement”) to your registered email address for your acceptance. Upon your acceptance of the Funded Trader Agreement, your Evaluation Account will cease to operate and you shall henceforth use the Funded

Account for trading. The provisions under Clause 5 above will apply with the necessary modifications to the Funded Account.

6.4 For the avoidance of doubt, this T&Cs shall terminate upon the termination of the Funded Trader Agreement.

7. Conduct of Trading

7.1 When conducting simulated trading on the Trading Platform, you may perform any transactions, provided that the transactions:
(i) do not constitute Prohibited Trading (as defined below); and

(ii) do not breach the restrictions imposed by the Trading Platform.

7.2 You shall not engage in the following activities, which would be considered prohibited trading if you:
(i) use strategies that take advantage of errors in display of prices or delays in their update;

(ii) perform transactions using external data feeds;
(iii) perform transactions with a purpose of tampering with trading;

(iv) perform transactions which constitutes insider trading under the Securities and Futures Act 2001;

(v) perform transactions by copying transactions made by (a) other trader(s); (b) signal provider(s); and/or (c) such other person(s) trading in the relevant foreign exchange market and/or other financial markets. For the avoidance of doubt, performing transactions by copying transactions made by the Trader in the Trader’s other Evaluation Account(s) shall not constitute Prohibited Trading and shall be the only mode of copy trading permissible by the Company;

(vi) despite the Company’s notice to the Trader that the Trader is performing a significant number of transactions in a manner that results in connectivity issues and/or such other adverse issues to the Trading Platform, the Trader still perform transactions in the aforesaid manner.

For the avoidance of doubt, the Company shall determine at its sole discretion, whether the Trader has performed a significant number of of transactions in a manner that results in connectivity issues and/or such other adverse issues to the Trading Platform;

(vii) perform transactions with a purpose that contradicts how trading is performed in the real world on the financial market or in a manner that would establish concerns that we may suffer loss or damage as a result of your activity; or

(viii) perform transactions in a manner which would result in a breach of any relevant laws and/or regulations,

(collectively, “Prohibited Trading”).

7.3 In the event you engage in Prohibited Trading, we may consider it as a breach of this T&Cs and may, in our sole discretion, terminate this T&Cs with immediate effect. For the avoidance of doubt, upon termination of this T&Cs, you shall forthwith lose all access to the Services.

7.4 In addition to Clause 6.3, if you have multiple Evaluation Accounts, we may in our sole discretion, cancel all Services and terminate all contracts in connection with the aforesaid Evaluation Accounts.

8. Termination

8.1 This T&Cs shall terminate: (i) at our sole discretion;

(ii) in accordance with Clause 5.5.4; (iii) in accordance with Clause 5.4; or (iv) in accordance with Clause 6.3,

and upon termination, you shall forthwith lose all access to the Services. You shall immediately surrender to the Company all original software or computer system programs, and any other documents and material received by you while retained under this T&Cs.

8.2 If this T&Cs so terminates, it shall become null and void (save for the Surviving Provisions) and shall have no further force or effect, provided that the termination of this T&Cs shall not in any way or manner affect or prejudice the rights or liabilities by any parties to this T&Cs accrued or incurred prior to the termination.

For the purposes of this T&Cs, the “Surviving Provisions” means Clause 9 to Clause 24 of this T&Cs.

9. Representations and Warranties

9.1 You hereby warrant, represent and undertake to the Company that:
(i) you are not under any contractual or other obligation or restriction, which would in any way impair your ability to comply with the provisions of this T&Cs;

(ii) you shall act in accordance with the terms of this T&Cs and any third party service provider’s terms and conditions (including but not limited to the terms and conditions of the Trading Platform) when using the Services;

(iii) you are familiar with all the rules, regulations and statues of all relevant and/or applicable jurisdictions, which regulate the securities markets as well as the constitution, rules, by-laws, regulations and customs of all applicable securities markets, associations, exchanges and clearing houses (herein collectively referred to as the “Applicable Rules”) and will fully comply therewith;

(iv) you will promptly notify the Company in the event you become aware of any violation or non-compliance with any of the Applicable Rules or the commencement of any action, suit, proceeding or investigation which you are involved in;

(v) you understand that all trading that is performed through the Services is simulated only and that the execution of a simulated trade within the Services shall in no way constitute an instruction to trade in real financial markets or with real currency;

(vi) you acknowledge that the Company does not offer financial, investment, tax, brokerage or other advice and/or services;

(vii) you understand that the funds provided to you for simulated trading are not real and that you have no right to deal with them beyond the scope of their use within the Services and you are not entitled to withdraw them;

(viii) save for the Registration Fee, you understand that the Company does not receive any funds or other assets from, or manage any funds or other assets for you within the Services;

(ix) you understand that the brokers and operators of the Trading Platform are persons or entities that are separate from the Company and that the terms and conditions of the Trading Platform will apply when you utilise the services and products of the Trading Platform;

(x) you understand that the Services are provided on an “as is” and “as available” basis, without warranty of any kind by the Company (whether express or implied) and agrees that (a) the entire risk as to the quality and performance of the Services lies with you and (b) there is no representation by the Company that the Services or any information provided in connection with the Services will operate without interruption and/or meet your requirements; and

(xi) you understand that your performance in simulated trading is not indicative of trading on real financial markets, and that past performance and simulated gains are neither a guarantee nor an indication of any further performance.

9.2 The representations and warranties given under or pursuant to this Clause 9 shall be separate and independent and, save as expressly otherwise provided, shall not be limited by any provision herein.

10. Limitation of Liability

10.1 You shall be solely responsible for:
(i) all transactions and activities performed using your Evaluation Account;

(ii) any direct or indirect loss, damage or harm caused as a result of action or non-action by you arising from your Evaluation Account; and

(iii) the protection and safekeeping of the Login Data and the Evaluation Account.

10.2 You hereby agree and acknowledge that the Company, its directors, officers, employees, and any entity on its behalf, do not claim to advise or make any representation in relation to any transaction under this T&Cs, and any information appearing in the Company’s platform, notices, data or other materials appearing therein shall not be viewed as a recommendation or opinion on the subject.

10.3 The provisions of this Clause 10 are not intended to exclude the Trader’s rights that cannot be excluded by any applicable laws and/or regulations.

11. Relations and Advice

11.1 You hereby agree that:
(i) this T&Cs is not intended to constitute, create, give effect to or otherwise recognise a joint venture, partnership, or formal business organisation, or agency agreement of any kind, and the relationship between you and the Company is a client-provider relationship;

(ii) you will not hold and will not be entitled to any intellectual property rights held by and/or in relation to the Company; and

(iii) unless otherwise stated herein, you are not obligated to a minimum trading volume and/or minimum trading day(s).

11.2 You further acknowledge and agree that the Company does not provide any advice and/or recommendations to you in relation to any trading action. Notwithstanding the foregoing, in the event we provide such information to you, you acknowledge that we shall not be liable for any losses, costs, expenses or damages suffered by you arising from any inaccuracy, mistake or omission in any information given to you.

None of the services provided by the Company shall be construed as investment services in accordance with applicable laws. The Company neither imparts nor provides any guidance, instructions, or information regarding the manner or method in which you should execute transactions when utilizing the services or otherwise. Additionally, the Company does not receive or accept any guidance, instructions, or information from you concerning the investment tools traded.

The services rendered by the Company do not constitute investment advice or recommendations. No employees, staff, or representatives of the Company are authorized to furnish investment advice or recommendations. In the event that any information or statement from any employee, staff, or representative of the Company is perceived as investment advice or recommendations, the Company explicitly disclaims such interpretation and shall not be held responsible for them.

12. Indemnity and Waiver of Responsibility

12.1 You hereby undertake to the Company and its successors in title that you shall indemnify and keep fully indemnified and hold harmless the Company (and its directors, officers and employees) from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments, assessments, costs or expenses (including, without limitation, interest, penalties and reasonable legal fees and disbursements) based upon or arising out of:

(i) your breach of this T&Cs; or

(ii) any claim by any third party with respect to the Company as a result of any breach of or non-compliance with any aspect of the applicable laws, regulations, statutes, codes, ordinances or other regulatory requirements (which include, but not limited to, areas of corporate governance, environment and taxation) arising from your conduct, and such indemnity shall include all reasonable costs and expenses properly incurred by the Company in connection with a reasonable and successful claim under this Clause 12.

12.2 Without in any way limiting the foregoing, this Clause 12 shall apply to all allegations of wrongdoing including allegations of illegal use of insider information and all transactions requiring corrective action.

12.3 You hereby waive all claims against the Company (and its directors, officers and employees) of any harm or loss, if suffered, regarding the use of the Services provided by the Company or any third party.

13. Confidentiality

13.1 You shall keep strictly confidential:
(i) the existence and contents of this T&Cs; and
(ii) all information pertaining to the Services, business and/or affairs of the Company, that is not already in the public domain.

13.2 You hereby agree that all confidential and exclusive information, including any and all account information, shall remain the exclusive property of the Company under all circumstances.

14. Waiver

No waiver by any party to this T&Cs shall be effective unless made in writing. No failure, delay or forbearance on the part of any party to this T&Cs in exercising any right or power under this T&Cs shall operate as a waiver thereof, and no waiver by any party to this T&Cs of any breach of any term or condition in this T&Cs by the other party shall constitute a continuing waiver or prejudice the rights of the non-breaching party in respect of any other or subsequent breach of any term or condition in this T&Cs.

15. No Assignment

You shall not assign or transfer all or part of your rights or obligations under these T & Cs without the prior written consent of the Company. These T & Cs shall be binding upon and shall ensure to the benefit of the parties to these T & Cs and their successors and permitted assignments.

16. Notices

16.1 Any notice, communication or demand required to be given, made or served under this T&Cs shall be in writing in the English language and delivered by:
(i) electronic email to your registered email address; or

(ii) electronic message to your Dashboard.

16.2 Any such notice, communication or demand shall be deemed to have been duly served if given or made by electronic email or electronic message, immediately on such transmission.

16.3 The Dashboard shall set out (i) all statements and information relating to the Trader’s current trading activities; and (ii) the Trader’s past trading history and trading records.

17. Payments Policy

17.1 All payments made are deemed final and are solely for evaluation purposes. The registration fees are remitted to grant access to the Company’s platform, models, and services. Once the service has commenced (i.e., trading activities have initiated on our platform) and/or the customer has not successfully completed the Evaluation, the Customer is not entitled to a refund of the registration fees. No refund shall be applicable to the services provided by the Company.

18. Performance Issues

18.1 If you encounter any issues with the use of the Services, you should notify the Company of the said issues at [email protected]. You may request for the issues to be rectified or request for a reasonable discount for the Registration Fees payable for subsequent Evaluation Account(s) (“Discount”).

18.2 The Company shall endeavour to resolve all issues notified under Clause 18.1 as soon as possible, and in any event, within thirty (30) calendar days from the date of notification. If the issues cannot be resolved within the stipulated timeframe, you may withdraw from the contract and be reimbursed the Registration Fee paid, or claim a Discount.

19. Severability

19.1 If any provision in this T&Cs shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of the parties to this T&Cs.

19.2 To the extent it is not possible to delete or modify the provision, in whole or in part, under Clause 19.1 above, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of this T&Cs and the legality, validity and enforceability of the remainder of this T&Cs shall, subject to any deletion or modification made under Clause 19.1 above, not be affected.

20. Force Majeure

You hereby agree that the Company shall not be liable and/or responsible for any harm which may be caused to you in the event that such harm is the result of a force majeure and/or event which is not in the control of the Company.

21. Entire Agreement

21.1 This T&Cs constitutes the entire agreement between the Trader and the Company with respect to the transactions contemplated in this T&Cs and supersedes all prior oral and written agreements, memoranda, understandings, undertakings, representations and warranties between the Trader and the Company relating to the subject matter of this T&Cs (if any).

21.2 You acknowledge that you have not been induced to enter into this T&Cs and/or any such documents and have not relied on any representation or warranty other than the representations and/or warranties as contracted herein.

22. Amendments and Variations

The Company retains the right to, at any time, amend or vary any provisions in this T&Cs at its sole discretion, including without limitation, the Registration Fee payable, scope of the Services provided, the Phase 1 Profit Target and the Phase 2 Profit Target. Such amendment or variation shall take immediate effect upon the notification of the said amendment or variation to the Trader.

23. Contracts (Rights of Third Parties) Act

Nothing in this T&Cs is intended to grant to any third party any right to enforce any term of this T&Cs or to confer on any third party any benefits under this T&Cs for the purposes of the Contracts (Rights of Third Parties) Act 2001 of Singapore and any re-enactment thereof, the application of which legislation is hereby expressly excluded.

24. Governing Law and Jurisdiction

24.1 These T & Cs shall be governed by and construed in accordance with the laws of Singapore.

24.2 Any dispute arising out of or in connection with this T&Cs, including any question as to the existence, validity or termination of this T&Cs, shall be referred to and finally resolved by arbitration pursuant to the rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force. The SIAC Rules are deemed to be incorporated by reference in this Clause. The seat of arbitration shall be Singapore and the arbitration shall be conducted in the English language. The arbitral tribunal shall consist of a sole arbitrator to be jointly appointed by the relevant parties to the dispute and failing which, the sole arbitrator shall be appointed in accordance with the SIAC Rules