These General Terms and Conditions (“GTC”) govern the relationship between TakeCapital For Traders LLC, headquartered at Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis (“Provider”, “we”, “us”, “our”), and the user (“Client”, “you”, “your”) of the services offered primarily through the website https://takecapft.com/ (“Website”).
By registering on the Website or using the Services, you confirm you have read, understood, and irrevocably agree to be bound by these GTC. Please review them carefully. Do not use the Services if you do not agree with or understand any part of these Terms.
1. Services and Scope
1.1. Services Provided: The Provider offers services including tools for simulated trading on foreign exchange (FOREX) and other financial markets, analytical tools, educational materials, and access to the TCFT evaluation process (the “Services").
1.2. Simulated Environment: The Client expressly acknowledges and agrees that all Services are provided exclusively within a simulated trading environment.
Any trading activity conducted through the Services is not real.
Funds provided for simulated trading are entirely fictitious and intended solely for simulation and evaluation purposes.
The Client has no entitlement to these fictitious funds or any virtual profits generated within the simulation, except for the potential to earn rewards based on simulated performance, as outlined under the TCFT Trader Program.
The Services do not facilitate actual trading or the execution of orders in live financial markets.
1.3. No Investment Advice: The Services do not constitute investment services, advice, or recommendations. Any market information or analysis provided is for educational and simulation purposes only and should not be construed as financial advice. The Provider disclaims liability for any real trading decisions made by the Client based on information obtained through the Services.
1.4. Incorporation of Official Help Center:
The Client acknowledges and agrees that the official and most current version of the Help Center, available on the Provider’s Website (https://intercom.help/take-capital-for-traders/en/), forms an integral and legally binding part of these GTC.
All rules, requirements, procedures, and parameters described in the Help Center—including but not limited to trading rules, evaluation criteria, drawdown limits, risk management, prohibited strategies, inactivity rules, withdrawal procedures, and account management policies—are hereby incorporated by reference and shall have the same legal force and effect as if fully set forth herein.
The Client is responsible for regularly reviewing the Help Center to stay informed of all current rules.
In the event of any direct conflict or inconsistency between a provision of these GTC and a rule in the Help Center, the provision of these GTC shall prevail.
1.5. Eligibility: Services are intended only for individuals aged 18 years or older. By registering, you confirm you meet the age requirement and are not a resident of a restricted jurisdiction as defined in the Help Center.
2. Contracting Services and Fees
2.1. Registration: Services are requested via the Website registration form. The Client must provide and maintain accurate, complete, and up-to-date information. Failure to do so may result in Service restriction or termination.
2.2. Contract Formation: A contract is formed upon successful registration and, for paid services like the TCFT Challenge, upon payment of the applicable fee. The contract governs the provision of the selected Services.
2.3. Fees: Fees vary based on the selected Service option and are displayed on the Website. The Client is responsible for any fees charged by payment providers and applicable taxes.
2.4. No Refunds: All fees paid for the Services are non-refundable. This policy applies in all circumstances, including but not limited to Client cancellation, non-use of Services, failure to meet evaluation criteria, or violation of these GTC or the rules in the incorporated Help Center. Disputing legitimate fees (e.g., chargebacks) may result in immediate and future Service denial.
2.5. Third-Party Platforms: Services utilize third-party trading platforms (e.g., TradeLocker). Clients must adhere to the terms, conditions, and privacy policies of these platforms. The Provider is not responsible for the operation, availability, or policies of these external platforms.
3. TCFT Evaluation and Trader Programs
3.1. General Conduct: The Client agrees to participate in the TCFT evaluation process in good faith and adhere to all rules and principles of fair practice as outlined in the incorporated Help Center.
3.2. Evaluation Rules and Parameters: The specific rules, objectives, and parameters for all phases of the evaluation process (including Phase 1 Challenge, Phase 2 Verification, and the Funded Stage) are detailed in the official Help Center.
3.3. Compliance: Strict compliance with all rules detailed in the Help Center is mandatory. Violation of these rules may lead to the disregard of virtual profits, disqualification from the evaluation, and/or immediate termination of the account and Services without a refund.
3.4. TCFT Trader Program (Advanced Simulation): Successful completion of the evaluation process may, at the Provider's sole discretion, lead to an offer to participate in the TCFT Trader Program. This program remains entirely simulated and is governed by a separate agreement that outlines the terms for receiving rewards based on simulated performance.
4. Intellectual Property and Use Restrictions
4.1. Ownership: The Website, Services, and all associated content (text, graphics, data, software, etc.) (“Content”) are the property of the Provider or its licensors and are protected by intellectual property laws.
4.2. Limited License: The Provider grants a limited, non-exclusive, non-transferable, revocable license to use the Content solely for personal use of the Services as intended.
4.3. Restrictions: Clients may not harm, exploit, circumvent, copy, reverse engineer, modify, sell, or distribute the Content or the Website.
5. Disclaimers and Limitation of Liability
5.1. "AS IS" Provision: The Services and Content are provided "as is" without warranties of any kind. Use is at the Client's sole risk.
5.2. Warranty Disclaimer: To the maximum extent permitted by law, the Provider disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
5.3. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THE USE OF THE SERVICES OR CONTENT.
5.4. LIABILITY CAP: IF LIABILITY IS FOUND AGAINST THE PROVIDER, IT SHALL BE LIMITED TO THE AMOUNT OF THE FEE PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
5.5. Force Majeure: The Provider is not liable for service failures due to events beyond its reasonable control (e.g., natural disasters, pandemics, war, government actions, major technical failures).
6. Termination
6.1. Contract Duration: The contract is effective until the evaluation process is completed (successfully or unsuccessfully) or terminated earlier according to these GTC.
6.2. Termination by Provider (For Cause): The Provider may terminate the contract immediately and without prior notice if the Client breaches any provision of these GTC, including but not limited to violating any rule outlined in the incorporated Help Center, providing false information, or engaging in conduct harmful to the Provider.
6.3. No Refund on Termination: If the contract is terminated due to a Client breach, failure to meet deadlines, or violation of rules, the Client is not entitled to any refund of fees paid.
7. General Provisions
7.1. Communications: All official communications from the Provider will be sent via the Client's registered email address or the Client dashboard. Electronic communication constitutes written communication.
7.2. Governing Law and Dispute Resolution: These GTC shall be governed by the laws of the Island of Nevis. Any disputes shall be subject to the exclusive jurisdiction of the competent courts of the Island of Nevis.
7.3. Changes to GTC and Policies: The Provider reserves the right to amend these GTC and any policies within the Help Center at its sole discretion. It is the Client's sole responsibility to periodically review these documents for any changes. The Client's continued use of or access to the Services following the publication of any revisions constitutes the Client's binding acceptance of those modifications.
7.4. Miscellaneous:
Entire Agreement: These GTC, together with the policies and rules incorporated by reference from the Help Center, constitute the entire agreement between the Client and Provider.
Assignment: The Provider may assign its rights and obligations under this agreement. The Client may not assign their rights or obligations.
Severability: If any provision is found invalid, the remaining provisions remain in effect.
No Waiver: Failure to enforce any provision does not constitute a waiver of rights.
8. Contact Information
For any questions regarding these GTC, please contact the Provider:
Email: support@takecapft.com
Address: Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis