These General Terms and Conditions (the “GTC” or “Terms”) govern rights, obligations and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “customer”) and the Company concerning your access to and the use of services (the “Services”) offered mainly through https://matckmakercapital.com as well as any other media form, media channel, tablet or mobile application related, linked, or otherwise connected thereto FGC Media Ltd TA Match Maker, 300 House of Francis, Ile Du Port, Mahe, Seychelles (collectively, the “Website” or “Company”)
Please read the following terms and conditions carefully before using this Website. You may wish to print a copy for future reference. We reserve the right to change these Terms from time to time; this will normally be where changes in legislation or regulations take place. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms. The Services are only intended 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 over 18 years of age. If you are under 18 years of age, you may not use the Services. You undertake to access the Services solely 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 some countries, and you undertake to only access and use the Services in accordance with applicable laws.
THE COMPANY ACTS AS A FUNDING AGENT AND PROVIDES TRADING AND INVESTING EDUCATION AND EVALUATION SERVICES. IN THE COUNTRIES IN WHICH THE COMPANY PROVIDES SERVICES, NONE OF THE SERVICES ARE CONSIDERED INVESTMENT SERVICES OR INVESTMENT ADVICE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
Services
The Services offered include providing tools for simulated foreign exchange trading in the FOREX market or simulated trading with other financial instruments on other financial markets. It also includes the provision of analytical tools, training and educational materials, access to the platform, and other supplementary services. These Services can be accessed through the user dashboard or through applications provided by the Company or third-party entities. The registration fees are paid for allowing you to access the trading education and evaluation service (“Challenge”). The fee to participate in a Trading Evaluation Assessment depends on the parameters selected when choosing a challenge Package. Challenge Fees for evaluation vary according to parameters as shown on the Company’s app or website. Challenge fees are non-returnable and non-refundable. If an evaluation or a trading rule is breached, the Company may close positions, cancel orders or disable Accounts. The Company reserves the right to modify the fees and parameters of the Services, including the criteria for their effective completion, at any time. Services that were acquired prior to the notification of the modifications will not be affected by the changes. You acknowledge that any trading conducted through the Services is not real, despite the fact that the simulated trading applies financial market information. The funds that are provided for simulated trading are entirely fictitious, and you are not permitted to retain or utilize them outside of the Services. You acknowledge that these fictitious funds are not eligible for actual trading and that you will not receive payment for them. No compensation or profits will be awarded to you as a result of your simulated trading, unless otherwise specified. Additionally, you will not be held accountable for any losses. You acknowledge that to utilize our Services, you must secure the necessary technical hardware and software, including third-party software (e.g. software to use the Trading Platform), at your own cost and responsibility. The Website can be accessed through widely used web browsers. You bear the responsibility and cost of acquiring internet access, any required hardware, and obtaining and updating your web browser. The Company does not guarantee compatibility with any specific hardware or software and does not impose any additional fees for internet connectivity. You acknowledge that a third-party provider of trading platforms are separate entities from the Company and that their own terms, conditions, and privacy policies will be in effect when you use their services and products. It is your responsibility to read and understand these terms, conditions, and privacy policies
User Registration
Registration may be necessary to gain access to specific sections of the Site. By agreeing to this, you commit to maintaining the confidentiality of your password and assume full responsibility for any activity carried out using your account and password. If we deem your chosen username to be unsuitable, offensive, or objectionable, we retain the authority to delete, recover, or modify it.
User Representations
You acknowledge and agree that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as needed; (3) you have the legal capacity to agree to these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. In the event of trading misconduct, which includes, but is not limited to, any form of unlawful activity, arbitrage, and gambling behavior, the risk management team will have the authority to terminate the agreement and revoke account access. We reserve the right to suspend or terminate your account and refuse all current or future use of the website (or any portion thereof) if you provide any information that is falsified, inaccurate, out of date, or incomplete.
Payment Terms
All payments are due in advance. The parameters cannot be altered once payment for your Challenge has been finalized. The Company has the discretion to modify fees, offer promotions, or revoke them at any time. Although the Company accepts payment through a variety of methods, including e-wallets, credit cards, and cryptocurrencies, it is not guaranteed that all methods will be accessible to all Users at all times. The Company retains the right to alter or modify payment terms, fees, or accepted payment methods at any time without prior notice. The Company reserves the right to terminate the provision of Services to the user and refuse any future provision of Services if the User makes an unjustifiable complaint regarding a paid fee or disputes the Fee with their bank or payment service provider (such as through chargeback services, dispute services, or similar services) and requests a cancellation, annulment, or refund.
Client Section And Trading Platrom
Each customer is permitted to have only one Client Section, and all of the customer's Services must be maintained in the Client Section. The total number of Challenges and Verifications per one Client Section may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer or on the basis of other parameters. Unless the Company grants an exception to the Customer, the initial capital amounts may not be transferred between the individual products or mutually combined. You may also not transfer or combine your performance, Service parameters, data, or any other information between the products. Access to the Client Section and Trading Platform is protected by login data, which the User may not make available or share with any third party. If the customer has registered as a legal entity, the Customer may allow the use of the Services through the Customer’s Client Section to the authorized employees and representatives. The Customer is responsible for all activities that are performed through the Customer’s Client Section or Trading Platform. The Customer is not entitled to any compensation, and the Company is not responsible for any negative consequences that may result from the Customer's misuse of the Client Section, Trading Platform, or any part of the Services, regardless of the cause of the misuse. The Customer recognises that the Services may not be accessible at all times, particularly due to maintenance, updates, or any other unforeseen circumstances. The Customer is not entitled to any compensation, and the Company is not responsible for the unavailability of the Client Section or Trading Platform, as well as for the damage or loss of any data or other content that the Customer uploads, transfers, or saves through the Client Section or Trading Platform.
Termination
The term of the GTCs commences on the Customer’s first use of the Services and continues through any subsequent use of the Services thereafter. The Customer may at any time request the cancellation of the GTCs by sending an e-mail to support@matchmakercapital.com Sending a request for the cancellation of the GTCs is considered a request for termination of the contract by the Customer, with the Customer being no longer entitled to use the Services, including the Client Portal and Trading Platform. The Company will immediately confirm the receipt of the request to the Customer by email, whereby the contractual relationship between the Customer and the Company will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred. Any unauthorized use of the Services will be deemed a material breach of the GTCs. The Company, in its sole discretion, may terminate your password, account, or use of the Services if you breach or otherwise fail to comply with the GTCs. If Service is suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe to the Services, including the payment of any fees required to be paid by a new subscriber. As long as the subscription is active, the Customer receives lifetime account status. An account is considered active if the subscriber has contacted the Company within the previous 120 days or if there has been a successful attempt to log into the Client Portal. The account will be disabled if it is inactive for more than 120 days. The Customer may reactivate the account by sending a request in writing. Without prejudice to the foregoing, the Company shall effect a non-refundable termination of the provision of the Services should the Customer fail to place a trade order for a period no shorter than ninety (90) consecutive days, at any time following the respective account’s activation date.
Challenge Rules
During the challenge evaluation simulated trading carried out on the Trading Platform, you may perform any transactions, unless these may be construed as breach of these Terms. Also, you consent to abide by ethical standards and guidelines when trading on financial markets (e.g., risk management rules). The terms of the Trading Platform you have chosen for trading may also place restrictions on you. More details on rules can be found on the website and in the FAQ section. You agree that information about the demo trades you conduct on the Trading Platform may be available to the Company. You give the Company your permission to share this information with individuals or entities that are a part of its group or are somehow connected to it. You also give the Company and these individuals or entities permission to use this information as they see fit. You acknowledge that these actions may be taken automatically without additional authorization from you, including without the need for further consent, consultation, or approval, and that you are not entitled to any payment or other compensation for the Company’s use of the data. The Company is aware that through your demo trading, you do not offer the Company any suggestions or advice regarding investments. You understand that you can halt your demo trading at any time on the trading platform. The information presented on the Trading Platform, as well as any interruption, delay, or inaccurate market information displayed through your Client Section, are not the responsibility of the Company.
Order Placement & Timings
It is the CUSTOMER's responsibility to have all positions closed no later than two (2) minutes in advance of significant events and economic releases pursuant to the respective economic calendar. Furthermore, it is also your responsibility to be aware of when the restricted Economic Calendar release(s) are taking place. The foregoing notwithstanding, we keep an updated list of further important releases, or significant events, and their associated symbols on the economic calendar in the client section. Adherence to market hours and prices. All positions must be closed no later than two (2) hours in advance of the closing of the relevant market (e.g., every Friday, at 2200h, all FOREX positions must already be closed). A trading halt lasting more than two hours is considered a holiday during which the trader must not have any open positions. We reserve the right to close any such positions, or otherwise terminate your account, when found in breach of, or otherwise in the event of failure to adhere to, the challenge rules or terms. Off-market prices and colluding to take advantage of opposite positions. Trades executed on prices that are demonstrably off-market prices shall be canceled and any and all profits and losses generated by them annulled. Wrongful or fraudulent use of hedging strategies (i.e., simultaneously holding opposing positions in different accounts), whether alone or together with other traders, is strictly forbidden. Should we verify that you have undertaken such practice at any time, you will be construed in material breach of the challenge rules or the trading agreement, as the case may be, and the related positions shall be summarily closed. Financial markets experience frequent and sudden changes. Engaging in financial market trading may not provide profits and can result in substantial financial losses. The customer's previous performances and profits in demo trading do not guarantee or indicate any future performance.
Evaluation And Verification
Upon payment of the selected CHALLENGE option fee, the Customer will be sent the necessary login details for the Trading Platform via email or the Client Section Dashboard. To activate the CHALLENGE, the Customer must initiate the first demo trade on the Trading Platform. As a consumer, it is acknowledged that upon opening the first demo trade, the Company is explicitly requested to fulfil the Services prior to the expiration of the withdrawal period, affecting the right to withdraw from the contract as elaborated in RIGHT TO WITHDRAW FROM A CONTRACT. Failure to activate the CHALLENGE within 30 calendar days from the day on which it was made available will result in access suspension. Access renewal can be requested via the Client Section or by emailing support@matchmakercapital.com within 6 months of the initial suspension. If not, the provision of the Services will be terminated without the possibility of a fee refund. The Match Maker CHALLENGE duration is unlimited. The foregoing notwithstanding, should the Customer fail to place a trade order within the ninety (90) days immediately following the account’s activation, the provision of the Services shall be terminated without the possibility of a fee refund. The following parameters must be met by the Customer in order for the Customer to meet the conditions of the CHALLENGE - More details on rules and parameters can be found on the website and in the FAQ section. If the Customer has met the conditions of the CHALLENGE, and at the same time has not violated these GTCs, the Company will determine the CHALLENGE as successful and will make Verification available to the Customer free of charge by sending login details to the Customer’s email address or the Client Section. The Customer may request the evaluation of the CHALLENGE at any time by sending a request to support@matchmakercapital.com The Company does not have to evaluate the CHALLENGE if the Customer has not closed all trades. The Customer activates Verification by opening the first demo trade in the Trading Platform. Failure to activate Verification within 30 calendar days from the day on which the Customer received the new login data will result in access suspension. Access renewal can be requested via the Client Section Dashboard or by emailing support@matchmakercapital.com within 6 months of the initial suspension. If not, the provision of the Services will be terminated without the possibility of a fee refund. The Verification lasts for an unlimited time from the date of its activation. The following parameters must be met by the Customer in order for the Customer to meet the conditions of the Verification. Provided that the above conditions are satisfied, the Verification will be reviewed by the Company for success, and the Customer may be proposed for the Match Maker Trader Program. The Customer may request Verification evaluation at any time by contacting support@matchmakercapital.com or via the Client Section Dashboard. If the Customer has not concluded all trades, the Company is not obligated to assess Verification. Failure to adhere to the conditions outlined in these terms during the CHALLENGE will result in an unsuccessful evaluation, denying the Customer subsequent Verification access. Non-compliance with the conditions specified in these terms during Verification will result in an unsuccessful evaluation, and the Customer will not be considered a candidate for the Match Maker Trader Program. In either case, the Customer’s account and Services will be terminated without the possibility of a fee refund.
Match Maker Trader Program
If the Customer is successful in both the Challenge and Verification, the Customer may be offered a contract by the Company and/or a third-party partner, in its sole discretion to participate in the Match Maker Trader Program. The terms, conditions, and agreement between the Customer, the Company and a third-party company will be governed by an agreement separate to these GTCs. The Customer acknowledges their personal data may be shared with a third-party company for purposes of considering offering such a contract.
Use of the Website, Services and other content
The Website and all Services, including the Client Section, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of the Company or the Company’s licensors. The Company grants you limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission 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 provided. The Content is not sold or otherwise transferred to you and remains the property of the Company and/or the Company’s licensors. All trademarks, logos, trade names, and other designations are the property of the Company and/or the Company’s licensors, and the Company does not grant you any authorization to use them. Both the Customer and the Company 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 damage the good reputation and legitimate interests of the other party. The Customer and the Company will resolve any possible disagreements or disputes between them in accordance with these GTC and the applicable law. Except for the rights expressly set out in these GTC, the Company does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these GTC. When accessing the Services and other Content, the following is prohibited:
*to use any tools that may adversely affect the operation of the Website and Services or that would be intended to take advantage of errors, bugs or other deficiencies of the Website and Services;
*to circumvent geographical restrictions of availability or any other technical restrictions;
*to make copies or back-ups of the Website and other Content;
*to reverse-engineer, decompile, disassemble or otherwise modify the Website and other Content;
*to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted;
*to use automated means to view, display or collect information available through the Website or Services; and
*to use any other tools or means the use of which could cause any damage to the Company. These provisions are not intended to deprive the Customer of the Customer’s consumer rights which cannot be excluded by law.
Disclaimer
You recognize that the Services and other Content are given “as is” with all their errors, imperfections, and shortcomings, and you accept that using them is your sole responsibility and at your own risk. The Company disavows any legal, contractual, or implicit warranties of any sort, including but not limited to warranties of quality, merchantability, suitability for a particular purpose, and non-infringement of any rights, to the maximum extent permitted by law. The Company shall not be liable for any damages, including indirect, incidental, special, punitive, or consequential damages, such as lost profits, loss of data, personal or non-monetary harm, or property damage, resulting from the use of the Services or reliance on any tool, functionality, information, or other content available in connection with the Services or on the Website. The Company is not responsible for any third-party content, products, services, or applications that the Customer may use in connection with the Services. To the maximum extent permitted by applicable laws, the Company disclaims any statutory, contractual, express, and implied warranties of any kind, including any warranty of quality, merchantability, fitness for a particular purpose, or non-infringement of any rights. In the event that the Company’s liability is established in connection with the operation of the Website or provision of the Services by a court of justice or any other competent authority, this liability shall be limited to the amount equivalent to the fee paid by the Customer for the Services that caused the loss. The Company reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation. The Company shall not be held responsible if it fails to deliver the purchased Services due to severe technical or operational issues that are beyond its control, or during a crisis or impending crisis, natural calamity, war, rebellion, pandemic, a threat to a large number of people, or other force majeure events. Additionally, if the Company is unable to provide the Services due to any legal obligations or a directive from a public authority, it will not be held liable.
Violation of the General Terms and Conditions
If the customer violates any provision of these General Terms and Conditions (“GTC”) in a way that may cause harm to the Company, the Company has the right to prohibit the customer from ordering any additional services and to partially or completely restrict the customer's access to all or some of the services, including access to the client section and trading platform, without prior notice or compensation.
Communication
You acknowledge and agree that all communication from the Company or its partners in connection with the provision of Services will take place through the Client Section or your e-mail address which you register with us, as applicable. Written electronic communication by e-mail or through the Client Section is also considered to be written communication. Our contact e-mail address is support@matchmakercapital.com and our contact address FGC Media Ltd, Room 300 House of Francis, Ile Du Port, Mahe, Seychelles
Right To Widhdraw from a contract
If you are a consumer, you have the right to withdraw from a contract without giving a reason within 14 days of its execution. PLEASE NOTE THAT IF YOU START PERFORMING DEMO TRADES BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE CONTRACT. For the avoidance of doubt, throughout the fourteen (14) days immediately following the date of the Customer’s first subscription to the Services, the Customer may be entitled to cancellation with a fee refund, should the respective account remain inactive, or otherwise the Customer have effected no trade order placement, during the consecutive days counted from the subscription date until the date of the request for cancellation pursuant to these terms. To withdraw from the contract, you must send an email to support@matchmakercapital.com within the specified time limit. If you do withdraw from the contract, we will refund you all fees we have received from you without undue delay, no later than 14 days after your withdrawal. The refund will be made in the same way you paid the fees. The Company is entitled to immediately withdraw from the contract in the case of any breach by the Customer specified in these terms. The withdrawal has effect from the day of its delivery to the e-mail address of the Customer or through the Client Section.
Defective Performances
If the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance. The Company does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay by sending an email to support@matchmakercapital.com. When exercising the rights from defective performance, you may request that we remedy the defect or provide you with a reason and if the defect cannot be remedied, you can withdraw from the contract or claim a reasonable discount on a case-by-case basis. We will try to resolve any complaint you may lodge as soon as possible (no later than within 30 calendar days), and we will confirm its receipt and settlement to you in writing. If we do not settle the complaint in time, you have the right to withdraw from the contract. You can file a complaint as per the procedure outlined in these terms.
Changes to the GTC
Please note that the Company might change the content of these GTCs from time to time, therefore the content of the new GTCs will prevail. Nonetheless, the Company will notify you upon such changes taking effect via the Client Section or email. The Evaluation and the subsequent Verification are provided throughout the period of their duration pursuant to the version of the GTCs which was valid and effective at the time at which the relevant CHALLENGE Evaluation was ordered.
Complaint
The Company takes your complaints seriously and shall use its best endeavors to resolve Your complaint as soon as possible. If You have a complaint to make regarding our services, contact us via support@matchmakercapital.com. We encourage You to establish contact as soon as circumstances for a complaint arise and in no case later than 6 months of the occurrence thereof. We will acknowledge any complaint made by You immediately, or in any event, within 48 hours thereof. Your complaint will be escalated to the appropriate personnel. If Your complaint remains unresolved after a period of 15 days, we shall: Write to You explaining the final decision; Clarify that this is the end of our internal complaints process; At your own discretion, guide you on how to make a complaint to the relevant consumer body.
Choice of Law and Jurisdiction
Any legal relations established by these GTCs or related to them, as well as any related non-contractual legal relations, shall be governed by the laws of Seychelles. The Parties irrevocably agree that the courts of Seychelles shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the GTCs or its subject matter or formation (including non-contractual disputes or claims). These provisions do not deprive the consumers of the protection afforded to them by the mandatory laws of relevant other jurisdictions.
Final Provisions
These GTCs constitute the entire agreement between you and us and supersede all prior agreements relating to the subject matter of the GTCs, whether verbal or written, with respect to the subject matter hereof. Nothing in these GTCs is intended to limit any legal claims set out elsewhere in these GTCs or arising from the applicable law. If the Company or any third party authorized thereto does not enforce the compliance with these GTCs, or delays exercising its rights under these GTCs, this can in no way be construed as a waiver of any right or claim. They acknowledge and agree that the Company may assign any claim arising to the Company from these GTCs or any agreement to a third party without your consent. The Customer is not authorized to transfer or assign the Customer’s rights and obligations under these GTCs or any agreements or parts thereof, or any receivables arising from them, in whole or in part, to any third party. Should any part, term or provision of GTCs be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. Prior to the acceptance of these GTCs, the Customer has carefully assessed the possible risks arising from them and accepted those risks.