Tradingcup Copy Trading Terms And Conditions
1. Tradingcup Copy Trading Schedule of Terms And Conditions
1.1. Tradingcup Copy trading (hereinafter the “copy trade service” or “copy trading services” or “copy trading”) is a service that allows users (a “Copier” or “you” or “your”) to copy trades carried out by other traders (a “Signal Provider” or a “trader”). You can only be either a Copier or a Signal Provider.
1.2. This Schedule sets out the specific terms that will apply to you when using the copy trade service on our Platform. By proceeding beyond this page, you acknowledge that you have read and understood, and agree to the terms set out in this Schedule.
1.3. The terms in this Schedule apply to you in addition to our Terms and Conditions, which apply to all of our services including copy trading. Where there is a conflict between the Terms and Conditions and this Schedule, the terms of this Schedule shall prevail. Unless otherwise defined, capitalised words in this Schedule will have the same meaning given to those words in the Terms and Conditions. In the case of a conflict the capitalised words in this schedule shall prevail. By using our copy trade service, you agree to the term in this Schedule along with the Fees from us or a Signal Provider.
2. Risk Disclosure
2.1. Please note that this Risk Disclosure is in addition to any risk disclosure in relation to products traded on our Platform. In making a decision to copy a specific trader or traders, strategy and/or portfolio, you should consider your financial situation, including your financial commitments. Copy Trading was not developed to provide personalised investment recommendations, investment advice, tax related advice or other financial related advice of any kind. Any information related to copy trade, or about the performance of the copy trade is not intended to be, and should not be considered as financial advice. All the information available on the platform is provided by us solely for informational purposes and such information should be used as a starting point for your own independent research and investment decision making. Copy Trading shall not be considered as advice or recommendations or endorsements by or on behalf of the Company and/or its affiliates. You should understand that copy trading is highly speculative and that you could sustain significant losses exceeding the Signal amount used to copy a trader or traders. You should in particular be aware of the following risks associated with copy trading:
(a) copy trading involves automated trading execution whereby trades are opened and closed in your account without your manual intervention and further instructions from you;
(b) if you manually modify or close an order generated by the Copy Trader functionality, you may achieve a materially different result than the trader that you copied;
(c) copied trades in amounts lower than the minimum trade (as specified on our platform) will not be opened;
(d) withdrawals by the Signal Provider, strategy and/or portfolio you are copying may also generate a materially different result for you than the Signal Provider that you copied. This is due to a number of different factors including your starting account balance, the effect of the difference in trading proportions, the minimum trade size, your account settings, differences in spread, interest and investment price at the time of your investment, and also the difference in fees that may be incurred;
(e) following and/or copying the trading decisions of inexperienced and/or unprofessional traders creates risk and we make no representations as to the level of expertise, skill and care of a particular trader you choose to follow and/or copy;
(f) you may be copying traders whose ultimate purpose or intention, or financial status may differ from yours;
(g) following and/or copying traders or portfolios that trade in, or which include products that are not available to you (whether as a result of applicable law or otherwise) and where a replacement equivalent trade cannot be executed may result in the economic performance, portfolio composition, risk rating and other factors relating to your portfolio deviating from the portfolio of the copied trader or the Copy Portfolio.
3. Trade Execution
3.1. The Platform provides you with the ability to interact, follow and copy other traders, strategies and/or portfolios by using the information, as well as providing you with "social trading features". Social trading features include detailed account information, trading histories, risk profiles, and other information in relation to a Signal Provider’s strategies and/or portfolios that may be useful to you when deciding whether to copy such Signal Provider, strategy and/or portfolio.
3.2. Copy trading is a trading functionality which allows you to copy the account of other traders. You do this by either copying a specific Signal Provider. By placing a copy trade instruction through our Platform, you are authorising and instructing us to execute trades for your account that automatically mirror the account of the Signal Provider to the maximum extent possible subject to limitations in the service or the copy trader functionality which may be disclosed on our Platform from time to time, without any prior consultation, consent of approval. The copy trades may be executed on a pro rata basis and in relation to the same products and the same trading instructions. As a result, we are authorised to open and close positions, set limits and perform all other actions necessary to carry out the copy trading service.
3.3. We may be unable to copy trades in exactly the same manner as the Signal Provider or the Copy Portfolio for the following reasons:
(a) such trade may be unavailable to you or your account as a result of Applicable Law or otherwise.
(b) We will not open trades in amounts lower than the minimum trade.
3.4. The copy trade service may result in trades in a number of instruments. Each trade opened on your behalf through copy trading will usually be classified under the same
asset class as classified in the copied account.
3.5. Before entering into a copy trade, you will need to have sufficient balances of funds in your account to be put towards a copy trade.
3.6. Where you have insufficient funds, you agree that we shall apply whatever balances that are available in your account to the execution of the trade.
3.7. Where there are no remaining funds in your account to copy a trade, any subsequent copy trade orders will not be placed.
3.8. In ensuring that we are able to copy a trade for you to the maximum extent permissible, you authorise us in our sole discretion to allocate the balance available in your account proportionate to the copied account.
3.9. When we automatically execute an order based on your instruction to copy a trader or a portfolio, we will not be required to seek your consent, prior approval or any confirmation from you prior to and for the execution of such an order.
3.10. There are a number of order restrictions when copy trading, including on the minimum and maximum amount that can be invested in any trader or portfolio that you copy, the minimum amount on any single copy trade, and the maximum number of traders that you can copy. The full restrictions are listed on our website here and may be amended from time to time at our sole discretion. Open trades that are in breach of these order restrictions will be closed out at our discretion.
3.11. When you are using our Copy Trading service, you can only copy new trades which are opened after you begin to copy the trader's account. This means that we will not copy any trades in the trader's account which were entered into before this point.
4. Limitations of Liability
4.1. We provide our services, including our copy trade, on an "As Is" basis. To the maximum extent permitted under applicable law, we provide no warranty and make no representations on the quality of our platform and our service. By using our services, you do so solely at your own risk. Under no circumstances and under no theory of law (tort, contract, strict liability, or otherwise), shall we or any of the indemnities be liable to you or any other person for any damages arising from the use, the platform, the site, third-party content, or any account, regardless of whether such damages are direct, indirect, special, incidental, or consequential damages of any character, including damages for trading losses, loss of information, business interruption, or lost profits, lost savings, or loss of data, or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the site, the platform, third-party content, or any account or for any claim or demand by any third party, even if we knew or had reason to know of the possibility of such damages, claim, or demand. If the foregoing disclaimer and waiver of liability should be deemed invalid or ineffective.
4.2 When you trade on the Copy Trading platform, there is a risk that Copy Trading activity may be unavailable and/or you may lose money as a result of:
(i) the failure of your computer, mobile, digital device (including its battery);
(ii) a weak internet or mobile connection, including transmission errors, delays, interruptions of network signals, errors caused by the stability of the device connection, which means you may not be able to connect to platform, or if you are able to connect there may be a delay;
(iii) hacking or the use of malicious software that allows a third party to gain access to your information and/or assets;
(iv) your device being incompatible with platform or system specifications, including due to incorrect settings or system specifications;
(v) any incidents that occur beyond the control of the platform.
4.3 While Copy Trading will use reasonable efforts to ensure that the services run stably and effectively, the Company can't guarantee that there will be no network delay, computer system failures, technical problems associated with the use of computers or data feed systems relied upon by the Company and/or its partners and vendors, failure of hardware, software or communication lines or systems or other force majeure events, which may lead to delay, suspension, interruption of service, short-notice maintenance work or deviation of Copy Trading services execution that does not match your expectations. You acknowledge that in case of any such failures (whether or not described above), the Company does not take any responsibility and shall not be liable for any resulting losses.
4.4. We reserve the right to assess whether copy trading is a suitable investment tool for you and under what conditions (the "Suitability Assessment"). The result of the Suitability Assessment if we should conduct it is determined by information and documents provided to us by you at our request, which you can update at any time.
4.5. We may establish your investment profile on the basis of your Suitability Assessment, and your ability to enter into copy trades may be limited by your Suitability Assessment. If we determine that copy trading is not a suitable investment tool for you, then you will not be permitted to access the copy trading functionalities of our Platform. We are not liable for any losses that you may suffer as a result of providing false or misleading information as part of your Suitability Assessment, including where this leads to us creating an inaccurate investment profile for you.
4.6. Notwithstanding the provision above to the maximum permitted extent under Applicable Law, copy trading shall not amount to any form of investment, portfolio or asset management.
4.7. To the maximum extent permitted by Applicable Law, nothing in our copy trade services or functionality shall amount to any personalised investment recommendations, investment advice, tax related advice or other financial advice of any kind.
4.8. Any explanation or information which we give to you as part of our services, or about the performance of the copy trade is not intended to be and should not be considered as any form of investment advice. Any information provided by us through our Platform is solely for informational purposes.
4.9. You should use any information gathered from our website or social trading features as a starting point for your own independent research and investment decision making. However, you should not make investment decisions based on information provided on our platform or by our community.
4.10. We will take reasonable steps to monitor the performance of any copied Signal Provider under the copy trading functionality, as well as the performance of the functionality of our copy trade service.
4.11. We reserve the right to pause, stop, or block: (a) any Signal Provider from being copied under the Copy Trader functionality; and (b) any portfolio or trading strategy from being copied under the Copy Portfolio functionality. In this case, open trades entered into as a result of the Copy Trader or Copy Portfolio functionality will be closed.
4.12. We reserve the right to terminate the Copy Trader or Copy Portfolio service at our discretion (including if you no longer meet the criteria to receive the services or it is not feasible to provide the services as a result of any rules or regulations applicable to us) by giving written notice to you.
4.13. We may also terminate the Copy Trader or Copy Portfolio service if we suspect or have reason to believe that (i) prohibited trading activities, including manipulative or abusive trading activities, are being conducted; (ii) fraudulent of incorrect information has been provided during the account opening process; or (iii) you have otherwise acted in bad faith.
4.14. On termination of the Copy Trader or Copy Portfolio service, open trades entered into a result of these functionalities will be closed.
4.15. We reserve the right to amend the terms of the copy trader or copy portfolio service without further consent from you.
5. Disclaimers
5.1. We do not represent or guarantee the performance of any trader, investment, account, portfolio, or strategy. We do not guarantee the recurrence of past rates of return that have been made by a Signal Provider or portfolio you choose to copy, and the profits (or losses) you make or incur may not match those of a Signal Provider or portfolio you copy.
5.2. Past performance, risk scores, statistics, and any other information with respect to our Platform’s traders under our Copy Trader and/or Copy Portfolio functionality, or of different portfolios and trading strategies under our Copy Portfolio functionality are not reliable indicators of future performance.
5.3. We do not represent or guarantee that you will achieve profits or losses similar to those shown to a trader or portfolio that you are copying.