Terms and Conditions
TraderDock Limited Terms and Conditions
1.1. The website www.traderdock.com and its associated TraderDock brand are operated and controlled by TraderDock Ltd, having their registered office at The Phoenix, Laragh Road, Rathdrum, Co. Wicklow, Ireland, registered at the Companies Registry Office, Ireland, under the number 611073.
1.2. References in these Terms and Conditions to "TraderDock", "we", "us" or "our" will be to TraderDock Ltd.
2.1. By visiting the Websites and/or by registering and/or using the Services, you agree to be, and are, bound by:
2.1.1. these TraderDock Terms and Conditions; and
2.1.3. all such other of our terms and conditions, rules or policies as they relate to any applicable Services (e.g. rules for a particular game), promotions, bonuses, special offers or any other aspect of your use of the Services from time to time and are deemed to have accepted and understood all of the above.
3.2 TraderDock offers an online simulated trading challenge (the “TraderDock Challenge”) which provides individuals with entertainment as well as a safe, simulated environment where they can test their trading skills and strategies. TraderDock does not offer or operate live trading accounts to or for customers. Likewise, the data and content on the TraderDock website does not purport to be investment advice and should not be construed as such.
TraderDock does not offer live trading accounts. The live trading accounts referred to on the TraderDock website or in TraderDock marketing material are the services provided by our partner firm Positive Equity Limited. Positive Equity Ltd are a proprietary trading firm based in Dublin, Ireland and Split, Croatia and have agreed to partner with TraderDock for the purposes of identifying potential trading talent.
Once a TraderDock subscriber graduates from the TraderDock Challenge, their subscription to TraderDock ends. No further money is taken from the user by TraderDock.
TraderDock will never hold or operate any live trading accounts on it’s own behalf or on behalf of others.
3.3. TraderDock may, in its absolute discretion, alter or amend or withdraw any Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of those Services.
3.4. TraderDock may also at its discretion engage new or alternative third party service providers. By registering with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties as they may be amended from time to time, including but not limited to any change to the third party service provider itself.
4.1. In order to register a TraderDock simulated trading account (an "Account") with us you hereby agree, warrant and represent that:
4.1.1. you are at least 18 years of age; TraderDock reserves the right to request proof of age documentation from any applicant or customer at any time and to void any subscriptions with minors;
4.1.2. you agree to provide accurate registration information when opening your account, including without limitation your correct date of birth, together with valid identification proving same, your country of residence, your current address, email address and personal telephone number. You further agree to inform us of any changes in such details;
4.1.3. you acknowledge that you are opening your account with TraderDock solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party;
4.1.4. you will not attempt to sell or otherwise transfer the benefit of your account to any third party and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party;
4.1.5. you are entirely responsible for complying (and that you comply) with your own local, national, federal, state or other laws prior to opening an Account, or using the Services. In particular, if you are located in a country where use of a particular service is prohibited, you must not (i) register with us for the applicable Service; (ii) attempt to use that Service;
4.1.7. You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association or disciplined by the U.S. Commodity Futures Trading Commission. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by the National Futures Association, have been disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm, you are not eligible to use the Sites or Services.
4.2. For various legal, regulatory, commercial and/or other reasons, we do not permit Accounts to be opened by persons who are located in certain territories (and we do not permit Accounts to be accessed and operated in those territories). The territories which are prohibited may be changed by us from time to time, with or without prior notice to you.
4.3. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services in any jurisdictions in which such use is prohibited by law. TraderDock shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Services.
4.4.1. we may cancel any subscription you have signed up to and cancel any agreement that you have entered into without recourse;
5.1. To open an Account, each customer will choose its own confidential username and password.
5.2. It is the responsibility of each customer to ensure that all personal details are current and up-to-date, as failure to do so may result in payments being issued incorrectly.
5.3. One Account is permitted per customer. TraderDock reserves the right to close down any duplicate Accounts and to cancel any subscriptions on duplicate Accounts. TraderDock also reserves the right to suspend or close any Account where the Account holder and the owner of the funding instrument are not the same.
5.4. Employees of TraderDock may not open an Account or register on the Websites or for any of the Services, whether in their own name or on behalf of a fellow employee, friend, relative or anyone else.
6.0. The username and password must be kept confidential by the customer.
6.1. Please contact us as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
6.2. We recommend that you disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorised use of your Account.
7.1. TraderDock reserves the right to correct any obvious errors where such have occurred.
7.2. By using our Services, you understand that we reserve the right to change or remove any of these Services at any time.
8.1. You hereby agree, warrant and represent that no charge-backs or other cancelation of subscriptions will be made relating to your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.
8.2. Cancellation - We may restrict your access to TraderDock.com, suspend or terminate your account, in our absolute discretion without cause at any time including if:
i. there is a technological failure;
ii. we suspect that you are engaging in illegal or fraudulent activity;
iii. we suspect that you have (or may have) breached any part of this Agreement;
iv. we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties;
v. we suspect that your account’s usage could represent ‘business usage’
8.3. Fees. You will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form,(i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) fees paid are non-refundable. Some services or products may be provided via connection to a third party or a partner of TraderDock and may bear a monetary cost. Prices and availability of all or any TraderDock products, services and/or subscriptions are subject to change without notice. TraderDock or our third-party affiliates may use the services of a third-party payment processor to process credit cards or other methods of payment and upon engaging in this process the website, you agree to be subject to the terms and conditions of the payment processor and your credit card provider also. It is for the cardholder to research and understand the conditions of the card they use.
8.4. Billing - You will provide Us with valid and updated credit card information or PayPal account information. If You provide credit card or other accepted payment method information to Us, You authorize Us to charge such payment method for all Services listed in the Order Form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance and unless otherwise stated in the Order Form, Your billing cycle starts on the day you subscribe to the TraderDock service and runs for a period of thirty (30) days thereafter. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information. By agreeing to such monthly reoccurring billing, you authorize TraderDock to charge to your selected method of payment on a recurring monthly basis.
8.5. Refund Policy - TraderDock subscriptions or once-off service fees (such as Account Reset Fees) are non-refundable.
8.6. Suspension of Service - If any amount owing by You under this or any other agreement for Our services is overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, suspend Our services to You until such amounts are paid in full.
8.7. Payment Disputes - We will not exercise Our rights under Section 8.6 above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
8.8. Taxes - Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this Section 6.6, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
8.9. Future Functionality - You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.
8.10. Subscription Cancellations - You may cancel your subscription to TraderDock services and discontinue all future monthly payments. Cancellation requests must be made at least three businesses days in advance of your billing cycle by sending an email to firstname.lastname@example.org.
9.1. TraderDock reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
9.2. TraderDock reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
9.3. You undertake that all money used to fund your account subscriptions is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
10.1. Please contact our email@example.com if you wish to close your Account.
10.2. After your account has been closed, it will remain closed unless and until you ask for it to be re-opened. However, we may refuse to re-open your account in certain circumstances
10.3. We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided.
11.1. For certain of our Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end user licence agreement ("EULA") in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
12.1. You warrant, represent and undertake that you shall not knowingly or negligently interrupt, corrupt or exploit for any purposes not intended by TraderDock any of the Services, including for example by:
12.1.1. attempting to gain unauthorised access to any of the Services, the servers on which the Services are hosted or any server, computer or database connected to the Services;
12.1.2. using any features which may affect the function or performance of the Services in any way for example (but not limited to) releasing viruses, worms, trojans or similar material that may be malicious or harmful;
12.1.3. interfering or tampering with, removing or otherwise altering in any way, any information in any form which is included in or on any of the Services; or
12.1.4. attacking the Services via a denial-of-service attack or any other form of attack or interference.
12.2. We reserve the right to pursue you for any loss we suffer as a result of any infringement by you of any of your obligations. Further, please be aware that we may share your details with law enforcement authorities in the case of any criminal, or suspected criminal, activities by you.
13.1. Certain of the Services may invite or permit you to upload your own content ("User Generated Content"). TraderDock does not exercise editorial control over, and therefore does not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
13.2. For any User Generated Content you provide, you hereby warrant, represent and undertake that such content:
13.2.1. is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;
13.2.2. does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
13.2.3. does not contain any defamatory or otherwise inappropriate materials or statements;
13.2.4. does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services;
13.2.5. complies with all applicable laws and regulations; and
13.2.6. may be used in connection with publicising and promoting TraderDock and its Services.
13.3. Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free licence to copy, exhibit, publish, distribute or otherwise use and sub-licence that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that TraderDock may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against TraderDock for its use of your User Generated Content.
13.4. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers (e.g. Facebook) harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
13.5. If you have any issues with User Generated Content provided by any other customer or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us at the details below. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
15.1. THE SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, AND ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR ANY PARTICULAR PURPOSE, AND OF COMPLETENESS OR ACCURACY OF CONTENT ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER TRADERDOCK NOR ANY OF ITS LICENSORS GIVES ANY WARRANTY THAT THE SUPPLY OF MATERIAL AND CONTENT ON THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE WEBSITES AND THE SERVICES ARE FREE OF VIRUSES OR BUGS AND NO WARRANTIES ARE GIVEN AS TO THE ACCURACY OF MATERIAL OR CONTENT COMPRISING THE SERVICES.
16.1 CFTC RULE 4.41 – ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN.
16.3. WE (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, EVEN IF SUCH LOSSES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES.
16.4. WE ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. WE WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITES AND YOU CONFIRM THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
16.5. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOUR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
18.1. TraderDock is the owner or authorised user or licensee of all the intellectual property rights in the Services and their content including, without limitation, any copyright, patent, designs (registered or unregistered), trade marks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting in Ireland or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein, TraderDock does not grant any express or implied right to you in any of its intellectual property rights or secret information.
18.2. All content and material on the Websites or otherwise accessible via the Services is provided for your own personal (i.e. not for business) usage and the distribution, reproduction or commercial exploitation of such content and material in any manner whatsoever without our express written consent is prohibited.
19.1. Third Party Linking
19.1.1. At TraderDock's discretion, the Websites or other Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TraderDock of the contents on such third party websites. TraderDock is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. LINKS TO ANY SERVICES PROVIDED BY A THIRD PARTY ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES AND TRADERDOCK WILL ACCEPT NO LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR ANY OTHER LOSSES OR DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INFORMATION PROVIDED. IF YOU DECIDE TO ACCESS LINKED THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
19.1.2. TraderDock generally welcomes the hyper-linking to our Websites from other appropriate websites provided such links are to our homepage (and no deeper within the Websites) and provided TraderDock gives its written consent to the establishment of such links. TraderDock reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Websites from another website must be presented in such a manner that the viewing of the Websites is not impaired by framing or similar techniques that may impair a browser’s experience.
i. damages may not be an adequate remedy for any infringement and that we are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and
ii. you shall indemnify us for any liabilities, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with your non-compliance with this Clause.
19.2. Transfer and Assignment
19.4.1. Failure by TraderDock to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
19.5.1. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
(i) these TraderDock Terms & Conditions; and then
(iii) any other of our terms and conditions, rules or policies as they relate to promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
19.7. Entire Agreement
20.1. If you have any dispute or disagreement, please contact firstname.lastname@example.org.
21.1. Any TraderDock Chat Room and Forum made available from time to time (the “TraderDock Chat Room”) is intended for legitimate comment and constructive discussion. TraderDock reserves the right to restrict posting privileges of any users.
21.2. Use of the TraderDock Chat Room is subject to the following terms and conditions in addition to the terms and conditions of TraderDock. TraderDock reserves the right to change its policies at any time with or without notice.
21.3 Although TraderDock does not moderate the Chat Room, all conversations may be logged and recorded and it has controls in place to monitor the use of the Chat Room servers in response to complaints. TraderDock reserves the right to delete or refuse any posting and/or suspend or terminate any account for any reason at any time without notice. TraderDock may revoke your Chat Room privileges if you act outside the guidelines set out in these terms and conditions.
21.4 All users of the TraderDock Chat Rooms agree not to post any item or any links to content that TraderDock deems to be or may amount to collusion or activities of a suspicious or criminal nature.
21.5 TraderDock has no obligation to check the accuracy, completeness or truth of any information posted in the Chat Rooms. A procedure will be provided for notification of objectionable posts and, upon proper notification, TraderDock will act expeditiously to remove any such material if, in its absolute discretion, it believes it is appropriate to do so. In addition, TraderDock reserves the right to remove the chat rooms if they believe they are being abused by players for any reason whatsoever. All users of the TraderDock Chat rooms agree not to post any item or any links to content that TraderDock deems:
1. to be defamatory or discloses information that the user has no legal right to disclose, or is otherwise illegal;
2. to be (or contains anything which is) racist, vulgar, hateful, obscene, profane, threatening, insulting or offensive;
3. is intended to impersonate another person or entity;
4. to contain any form of advertising, promotional materials or any form of commercial activity;
5. to contain any promotion of any competitor of TraderDock or their products;
6. to contain any, or links to any, virus, corrupted files, "Trojan Horses", key loggers or any other malicious code or material that could cause harm to the computer, data or financial security of any party;
7. to contain any or links to any intentionally false or misleading statements or any statement seeking to unfairly manipulate a market;
8. to be an attempt to collect or store data (including posting and/or canvassing email addresses) about other users;
9. to be misuse of Chat Room functionality;
10. to be protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence (including, for example, information provided by any third party tipping service);
11. to be or may amount to collusion or activities of a suspicious or criminal nature; and
12. is in a language other than the native language of that particular Chat Room.
21.7 Users hereby agree to indemnify and hold TraderDock harmless against all costs, claims, liability or damage (including solicitor/client costs) resulting directly or indirectly from that user's breach of these terms & conditions.