Hantec Trader Limited is a private company incorporated in Mauritius under company number C191400, with its registered office at Suite 201, The Catalyst, Silicon Avenue, 40 Cybercity, Ebene, Mauritius.
1. Acceptance of Terms
By ordering the trading account services that trade in a simulated trader environment (Services) provided by Hantec Trader Limited (Company) through the Company’s website which can be found here https://htrader.hmarkets.com (Website), the customer (Customer) agrees to be bound by these Terms and Conditions (Contract). If the Customer does not agree to these Terms and Conditions, they should not proceed with the order.
2. Non-Investment Services and Guidance Disclaimer
2.1 The Customer should note that the Services provided by the Company are not to be considered as investment services. The Company is not a broker and does not accept any client deposits. When the Customer engages with the Services, they are only granted access to the specific Services offered by the Company, and this access is subject to the payment of a fee. It is crucial for the Customer to understand that this fee is not considered as funds held on deposit in any of their accounts; instead, it is a payment for the Services themselves. The Customer must be aware that there is no investment or deposit involved in the Services. Unlike in actual live trading, the trades on Hantec Trader accounts are not being executed in the real market, and the trade execution is simulating the market conditions to the best possible extent.
2.2 Furthermore, the Company does not conduct any regulated activities, does not act as a broker, and does not accept deposits, consequently, it is not required to be authorized by the regulatory authority and is not regulated by the Financial Conduct Authority (FCA). Any purchases of Services should not be construed as deposits. Content provided by the Company is solely intended for informational purposes and should not be interpreted as investment advice, an offer or solicitation to buy or sell, or a recommendation, endorsement, or sponsorship of any security, company, or fund. The Company does not provide any guidance, instructions, or information on how or in what manner the Customer should perform transactions when using the Services or otherwise. The Company also does not accept any guidance, instructions, or information from the Customer regarding the tools traded.
2.3 It is crucial to note that none of the Services offered by the Company constitute investment advice or recommendations. Employees, staff, or representatives of the Company are not authorised to provide investment advice or recommendations. If any information or statement from the Company’s employees, staff, or representatives is interpreted as investment advice or recommendations, the Company explicitly disclaims any responsibility for them and states that they are not investment advice or recommendations.
3. Description of Services
3.1 Access to Simulated Trading Account
The Services offered by Hantec Trader Limited includes access to a simulated trading account (Simulated Trading Account). The accounts are not being executed in the real market, and the trade execution is simulating the market conditions to the best possible extent and is hosted on Hantec Markets Limited’s trading server(s) (Simulated Trading Platform). The purpose of this platform is educational, aimed at helping Customers assess and enhance their trading skills, especially in the realm of securities trading. These accounts are not live trading accounts, and as such, no representation is made regarding the ability to achieve real profits or losses.
3.2 Trading Challenge
i. As part of the Services, the Customer will have the opportunity to engage either in a trading challenge on the Simulated Trading Platform subject to the challenge rules or purchase the instant funding product (Instant Programs) offering the Customer instant access to funded status on the Simulated Trading Platform, funded with virtual, non-real funds, subject to the Trader Contract as specified hereunder clause 4.2 of this Contract and as per the rules outlined on the Website.
ii. The challenge entails executing simulated trades (Simulated Trades) in a variety of securities, such as currencies, commodities, and other financial instruments (Challenge). The rules for the Challenge, including the procedures for undertaking it and the criteria for determining its successful completion or failure, are detailed on the Website.
iii. The Challenge is designed to test and refine the Customer’s trading strategies and decision-making abilities in a virtual environment that closely replicates real-market scenarios. It is important to note that all trading activities within the Challenge are entirely hypothetical and do not involve real financial transactions. The Company shall never transmit an order to the trading venue on the Customer’s behalf and the funds are virtual. The Customer will therefore not gain an interest in a real financial instrument.
iv. The Customer will engage in the Challenge through the Simulated Trading Account, which is funded with virtual, non-real funds. These funds are intended for simulation purposes only, offering a practical and risk-free platform for trading practice. The virtual funds do not represent real money and cannot be withdrawn, deposited, or used for any real-world financial transactions.
v. Some services available on the Website may not be available to residents of certain jurisdictions, including but not limited to the United Kingdom, Mauritius, Hong Kong, and Singapore. Such services may include, without limitation, the Instant Programs service as defined on the Website. By accessing or using the Instant Programs service, the Customer represents and warrants that the Customer is not a resident of, nor accessing such services from, any restricted jurisdiction and that the Customer’s use of such services complies with all applicable laws and regulations in the Customer’s jurisdiction of residence. Any access to or use of such services in breach of these restrictions shall be at the Customer’s sole responsibility.
3.3 Educational Purpose
i. The Simulated Trading Account and the associated trading Challenge are primarily for educational purposes. They allow the Customer to practice and evaluate their trading skills in a controlled, simulated market environment without financial risk.
ii. The Company does not provide trader education, advice, mentoring, or guidance to its Customers. Its primary intent is to identify individuals who show a talent for trading.
4. Independent Trader Contract
4.1 Upon successfully completing the Challenge or purchasing Instant Programs, the Customer may be offered the opportunity by the Company to become an independent contract trader, responsible for trading the Company’s proprietary accounts. This offer is subject to the Company’s discretion and evaluation criteria.
4.2 Should the Customer accept this offer, a separate and distinct contract will be entered into between the Customer and the Company. This Contract will outline the specific terms, conditions, and obligations related to the role of an independent contract trader (Trader Contract).
5. Eligibility for Services
5.1 The Services are intended exclusively for individuals who are at least 18 years old and reside in countries where the Services are offered. By registering on the Website, the Customer affirms that he is 18 years of age or older. Individuals under 18 are not permitted to use the Services.
5.2 The Customer must use the Services only from countries where they are available. Be aware that accessing and using the Services may be illegal or restricted in certain countries, and the Customer agrees to comply with all applicable laws regarding the Customer’s use of the Services.
5.3 The Company will not provide Services to Customers who:
i. are nationals or residents of countries on the various sanction’s lists including but not limited to UN sanctions list, EU sanctions list, OFAC sanctions list and any other relevant sanctions list;
ii. are subject to international sanctions as per the various sanction’s lists including but not limited to UN sanctions list, EU sanctions list, OFAC sanctions list and any other relevant sanctions list; or
iii. have a criminal record involving financial crimes or terrorism.
5.4 The Company reserves the right to refuse, restrict, or terminate the provision of Services to any Customer at any time in its sole discretion in accordance with this section.
6. Simulated Trading Account Access, Login Details, and Terms of Use
6.1 Registration and Order Acceptance
i. To register as a Customer for the Services, the Customer must provide certain personal information to the Company. This includes, but is not limited to, the Customer’s name, email address, mailing address, phone number, date of birth, and a unique username and password for the Customer’s Simulated Trading Account
ii. It is the Customer’s responsibility to ensure the accuracy, completeness, and status of all information.
iii. The Customer must promptly communicate any changes to the submitted data to the Company. This should be done via a notification from the Customer’s registered email address, accompanied by the relevant supporting documents.
6.2 Accepting the Customer’s Order
i. The Company’s acceptance of the Customer’s order takes place when the Company sends an email to the Customer with the Customer’s Simulated Trading Account login details (Login Details), at which point and on which date (Commencement Date) the Contract between the Company and the Customer will come into existence.
ii. A Customer portal will also be created on the Company’s Website following this acceptance (Customer Portal).
iii. The Contract will relate only to those Services confirmed in the Login Details.
6.3 If the Company cannot accept the order.
If the Company is unable to supply the Customer with the Services for any reason, the Company will inform the Customer of this by email and the Company will not process the Customer’s order. If the Customer has already paid for the Services, the Company will refund the Customer the full amount.
6.4 Refund Policy.
The Customer is entitled to a refund only within 14 days of the purchase of an order, provided that no trading has occurred on the Simulated Trading Account. Requests for refunds must be made by sending an email to support@htrader.com.
6.5 Responsibilities and Security
i. The Customer is solely responsible for maintaining the confidentiality of their login credentials. In the event of any security breach or suspected unauthorised use of the Simulated Trading Account, the Customer must immediately notify the Company. Access to the Simulated Trading Platform is protected by these login data, which must not be made available, disclosed, or shared with any third party.
ii. The Customer is responsible for all activities conducted through the Simulated Trading Platform using their login data.
iii. The Simulated Trading Account is personal to the Customer and is non-transferable. It is prohibited to share the Simulated Trading Account or have it purchased on the Customer’s behalf by a third party.
iv. The Company is not liable, and the Customer is not eligible for any compensation, for any unauthorised access or misuse of the Simulated Trading Account or any aspect of the Services using the Customers Login Details. Additionally, the Company is not accountable for any adverse outcomes that the Customer may experience because of such unauthorised access or misuse, especially if it occurs due to any action or negligence on the part of the Customer. By using the Services, the Customer relinquishes any right to pursue claims against the Company related to such unauthorised access or misuse.
6.6 Use of Technical Equipment and Software
i. The Customer is responsible for obtaining the necessary technical equipment and software, including any third party software required for the Simulated Trading Platform
ii. Customers can access the Website using widely used web browsers. It is the responsibility of the Customer to ensure they have a stable internet connection, appropriate equipment, and keep their browser up to date to maintain access.
6.7 Platform Availability and Data Integrity
i. The Simulated Trading Platform may not always be available due to maintenance, upgrades, or other factors beyond the Company’s control.
ii. The Company is not responsible for any unavailability of the Simulated Trading Platform or for any loss of data or content the Customer uploads.
7. Prohibited Uses
7.1 The Customer is prohibited from using the Services in a manner that violates any laws. This prohibition also extends to infringing on the rights of any third party, including but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
7.2 The Customer may not:
i. engage in activities such as data scraping, crawling, or aggregating, framing, or posting unauthorised links, hacking, conducting denial of service (DOS) attacks; reverse engineering; or circumventing the Services’ or the Website’s technological protection measures.
ii. use of the Services or the Website to send unsolicited commercial emails to third parties or other customers or traders of the Company.
iii. engage in any trading strategy that the Company prohibits (Prohibited Trading). Such Prohibited Trading includes, but is not limited to:
(i) exploiting platform or pricing errors or latencies.
(ii) activities manipulating or artificially influencing market prices, such as spoofing, layering, or pump-and-dump schemes.
(iii) arbitrage abuse to exploit pricing differences, disrupting market order.
(iv) collusion with others to manipulate prices or coordinate trading, including but not limited to, through the use of multiple IP addresses.
(v) scalping for quick profits from minor price changes.
For the purposes of these Terms & Conditions, “Scalping” refers to a trading strategy that seeks to generate profits from minor price fluctuations through the frequent opening and closing of positions within a short time frame. Scalping shall be deemed to occur where the aggregate net profits derived from trades held for less than 3 minutes represents thirty percent (30%) or more of the total net profits generated on the account during the relevant assessment period.
Hantec Trader acknowledges that, in certain market conditions, prices may move significantly within a short period of time, resulting in positions reaching profit targets in less than 3 minutes. Isolated instances of such trades shall not, in themselves, constitute Scalping, and no action shall be taken under this clause, provided that the aggregate net profits derived from trades held for less than three (3) minutes remain below thirty percent (30%) of total net profits during the relevant assessment period.
Where Hantec Trader determines, in its sole and reasonable discretion, that an account is engaged in Scalping as defined herein, the Company reserves the right to adjust, reduce, or remove profits attributable to such trades; reclassify trading activity; impose trading restrictions; and/or Suspend or terminate the account in accordance with these Terms & Conditions. Hantec Trader’s determination of whether trading activity constitutes Scalping shall be final and binding.
(vi) front-running trades placed elsewhere.
(vii) use of third party or marketed strategies to pass the Challenge.
(viii) using automated algorithms for manipulative trading practices.
(ix) unauthorised access or use of another customer’s account.
(x) disruptive trading practices that harm market integrity.
(xi) arbitrage between the Customer’s Simulated Trading Account and any other account.
(xii) Opening, operating, or controlling multiple accounts, whether directly or indirectly, using different, false, or misleading registration details, or through the use of shared, masked, or linked device identifiers (including CID/Device ID), IP addresses, VPNs, proxies, virtual machines, or any other technical means indicating common ownership, control, or coordinated activity.
(xiii) high-frequency trading.
(xiv) reverse trading/group hedging.
(xv) trading in a way that establishes justified concerns that the provider might suffer financial or other harm as a result of the customer’s activities (eg. overleveraging, overexposure, all or nothing trading, one-sided bets, account rolling). Overleveraging/Overexposure is defined as using the maximum or high levels of margin available on every trade, this can be against a single symbol or across correlated assets. One-sided bets is defined as continuously adding to trades resulting in high margin levels against a single symbol or correlated.
(xvi) hedging across multiple accounts. Hedging is allowed within each individual account but prohibited across separate accounts.
(xvii) all or nothing trading. Trading behavior that involves risking the entire daily loss limit—or a substantial portion of it—on a single trade or across multiple concurrent trades.
(xviii) Engaging in copy trading or coordinated trading activity, including but not limited to executing trades that replicate, mirror, synchronise with, or substantially align in timing, pricing, direction, or strategy with the entry and exit positions of another trader or account, whether directly or indirectly, through any manual, automated, or third-party means.
(xix) The Customer shall not, whether acting alone or in concert with any person or entity, use, implement, or maintain the same or substantially similar trading strategy across multiple Challenge Accounts and/or Hantec Trader Accounts where the aggregate allocated or notional capital of such accounts exceeds USD 400,000. Accounts shall be deemed aggregated where they are directly or indirectly controlled by the Customer or where trading activity reflects coordinated, mirrored, copied, or substantially similar strategies.
In the event of a breach, the Company may, at its sole discretion and without prejudice to any other rights or remedies, suspend, cancel, or close any affected accounts and/or immediately terminate this Agreement.
7.3 If the Company determines, in its sole discretion, at any time (including in respect of past trades, payouts, or account activity), that the Customer has engaged in, attempted to engage in, benefited from, or is suspected of Prohibited Trading, the Company may take proportionate enforcement action without prior notice, explanation, or evidence.
Enforcement actions may include, without limitation:
i Immediately suspension, restriction, or termination of Customer’s Contract and access to any Simulated Trading Account.
ii. Application of such measures to all accounts controlled by or linked to the Customer (including existing, future, or technically connected accounts via IP address, device ID, CID, VPN, proxy, virtual machines, or similar means),
iii. Adjustment, reclassification, or voiding of trades or trading results affected by Prohibited Trading,
iv. Withholding, cancellation, reduction, or recovery of simulated profits, revenue share, or payouts (whether pending or previously approved) attributable to Prohibited Trading,
v. Forfeiture of fees in cases of material breach; and
The Customer bears the responsibility of demonstrating that their trading activity was legitimate, compliant, and independent. All enforcement actions under this clause are final, binding, and at the Company’s sole discretion. The Company shall have no liability to the Customer in respect of such forfeiture, adjustment, or termination.
7.4 The Company reserves the right to review the Customer’s trading activity, at any stage of the evaluation or funding process, to access the compliance of the Terms and Conditions. Eligibility for a Trader Contract or payout is conditional upon ongoing compliance and is not automatic or guaranteed. If, acting reasonably and in good faith, the Company determines that trading activity:
i. Constitutes Prohibited Trading;
ii. Involves collusion, account coordination, latency exploitation, price-feed manipulation, system abuse, or circumvention of risk controls; or
iii. Is otherwise inconsistent with the intended commercial purpose of the Programme,
iv. the Customer may be disqualified from progression and shall not be entitled to payment of simulated profits derived from such activity.
7.5 This clause 7 shall continue to apply to Customers who have successfully passed the Challenge or purchased an Instant Programs Account and are subsequently regarded as independent traders subject to Trader Contract. The Company retains the unrestricted right to review trading activity at any time, including after completion of any Challenge, after issuance of a funded account, after submission or approval of a payout request, or after the Trader Contract has commenced. If the independent traders are found to have engaged in Prohibited Trading at any stage, the Company reserves the right, in its sole discretion, to terminate their Trader Contract with immediate effect, void, reduce, withhold, offset, or reclaim any profits, payouts, revenue share, or other benefits attributable to such activity; revoke or restrict access to any proprietary trading account or trading platform provided under the Trader Contract; disqualify the trader from participation in any current or future Company programmes; and share relevant findings with affiliated entities, service providers, or risk management partners for fraud prevention and oversight purposes.
8. Risk Management Group (RMG)
8.1 If the Company determines, in its sole discretion, that the Customer has engaged in any trading activity identified in Clause 7.2 or any activity that constitutes or appears to constitute Prohibited Trading, the Company reserves the right, to place the Customer into the Risk Management Group (“RMG”).
8.2 While in the RMG, the Customer’s leverage on all existing and future Hantec Trader accounts will be restricted to the following maximum levels:
i. FX: 1:30
ii. Indices: 1:5
iii. Commodities: 1:5
iv. Metals: 1:3
v. Crypto: 1:1
8.3 Placement in the RMG does not terminate the Customer’s participation but allows the Company to control risk and prevent abuse of trading strategies. The Company may also impose further restrictions on accounts, trades, or activity, including reduced trade size, limited asset access, or temporary freezes, as reasonably required.
8.4 A Customer will remain in the RMG until the earlier of:
i. Successfully receiving three (3) payouts on a single Hantec Trader account, after which the Customer will be removed from the RMG upon Company verification; or
ii. Such time as the Company reasonably determines that risk concerns have been resolved.
8.5 For the avoidance of doubt, RMG placement may apply to all accounts controlled by the Customer, including existing or future accounts. RMG placement may apply retroactively to trading activity that occurred before placement is enforced, including past trades and payouts. Placement may occur before, during, or after payouts, including if past trading is later determined to constitute Prohibited Trading or abusive activity. The Company may also reclassify trades as non-trading or adjust account results while in the RMG as reasonably required. All determinations regarding RMG placement, trade adjustments, leverage limits, or account restrictions are made in accordance with Clause 7.3 and are final and binding.
9. Trade Nullification and Adjustment
9.1 The Company reserves the right to nullify, adjust, cancel, or rectify, any transaction or trade at its discretion, based on reasonable judgement and, good faith.
10. Payment Terms
10.1 The Customer may settle the fee for the Customer’s chosen Challenge option via the payment methods supported on the Website. Please note that the Company retains the right to update or change these payment options. Full payment of the Challenge fee is required before access to the Simulated Trading Account is granted.
10.2 Upon completing payment, the Customer will receive an electronic invoice accessible through the Customer’s Customer Portal on the Website. This invoice will detail the fee amount paid for the selected Challenge option on the Website.
10.3 As the Customer, the Customer is responsible for covering any fees levied by the Customer’s chosen payment service provider, as per their pricing list, associated with the transaction. It is the Customer’s duty to ensure that the full fee for the selected Challenge is paid in entirety.
10.4 It is the Customer’s responsibility to verify the accuracy of any fees charged by the Customer’s selected payment service provider. This ensures that all payments are correctly processed and accounted for.
10.5 In accordance with the operational framework of Hantec Trader Limited, HM Provider Limited, an affiliate of Hantec Trader Limited and part of the Hantec group of companies, provides a range of support services associated with transactions for products and services available on this website. HM Provider Limited, a company registered in the United Kingdom under registration number 14429485 with its registered office at 12 Kinghorn Street, London, EC1A 7HT.
11. Intellectual Property
11.1 Ownership of Intellectual Property The Customer acknowledges that all intellectual property rights in the Simulated Trading Account and the Simulated Trading Platform, including but not limited to trademarks, trade names, patents, registered designs, and any other automatic or registered intellectual property rights, are owned by, or licensed to the Company or the Simulated Trading Platform. The Customer agrees that they shall not claim ownership or any rights to such intellectual property by virtue of using the Simulated Trading Account or the Services.
11.2 Permitted Use: The Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the Simulated Trading Account and the Simulated Trading Platform solely for the purpose of simulated trading in accordance with these Terms and Conditions. This license does not grant the Customer any rights to use the intellectual property of the Company or the Simulated Trading Platform for any other purpose.
11.3 Prohibition on Infringement: The Customer agrees not to infringe upon the intellectual property rights of the Company or the Simulated Trading Platform. This includes refraining from copying, modifying, reverse engineering, decompiling, or otherwise attempting to extract the source code of the Simulated Trading Account or any part of the Simulated Trading Platform.
11.4 No Redistribution or Reproduction: The Customer shall not distribute, sell, lease, rent, lend, or sublicense the Simulated Trading Account or the Simulated Trading Platform to any third party. Nor shall the Customer use the Simulated Trading Account or the Simulated Trading Platform to create derivative works or to provide any form of commercial service to third parties.
11.5 Acknowledgement of Third Party Rights: Where the Simulated Trading Platform is provided by a third party, the Customer acknowledges that certain additional terms and conditions may apply in respect of the intellectual property of such third party. The Customer agrees to comply with all such terms and conditions and acknowledges that failure to do so may result in termination of their access to the Simulated Trading Account.
11.6 Reporting Infringements: The Customer agrees to promptly notify the Company of any unauthorised use of the intellectual property rights related to the Simulated Trading Account or the Trading Platform that comes to their attention.
12. Changes to the Terms and Conditions
12.1 The Company reserves the right to modify, amend, or revise these Terms and Conditions at any time and at its sole discretion. Changes may be made to reflect updates in the Company’s policies, changes in law, advancements in technology, or improvements in the Services provided to the Customer.
12.2 The Company will provide reasonable notice of any significant changes to these Terms and Conditions. Such notice will be given through the Website, via email, or through other communication channels deemed appropriate by the Company. The Company will choose the method of notification.
12.3 Amendments to the Terms and Conditions will become effective at once upon posting on the Website or as otherwise notified. Continued use of the Services, including the Simulated Trading Account, after any changes to the Terms and Conditions, will constitute the Customer’s acceptance of such changes.
12.4 It is the Customer’s responsibility to regularly review these Terms and Conditions for any updates or changes. If the Customer disagrees with any part of the amended Terms and Conditions, they must cease using the Services at once and close their Simulated Trading Account, if applicable.
12.5 Any amendments made to these Terms and Conditions will not be retroactively applied and will not alter the terms of any agreements or arrangements made before the date of the changes.
12.6 For significant changes, the Company may, provide a consultation period during which Customers can review and comment on the proposed changes before they become effective.
12.7 By continuing to use the Services after amendments are made, the Customer is agreeing to be bound by the revised Terms and Conditions. If the Customer does not agree to the new terms, they should not continue to use the Services.
13. Processing of Simulated Trade Data
13.1 The Customer acknowledges that the Company has access to data of the Challenge conducted via the Simulated Trading Platform. By engaging in a Challenge, the Customer consents to the Company sharing the Simulated Trades’ data with affiliated entities or members within the same group as the Company (Affiliates).
13.2 This consent includes authorisation for the Company and its Affiliates to use the Simulated Trades’ data for various purposes. These may include but are not limited to the Company or its Affiliates, executing similar trades in real financial markets or other applications as deemed appropriate by the Company.
13.3 The Customer understands and agrees that such use of the Simulated Trades’ data may occur automatically, without the need for any other consent, consultation, or approval from the Customer. Furthermore, the Customer agrees that they are not entitled to any form of compensation, profit sharing, or detailed information regarding the specific use of the Simulated Trades’ data by the Company or its Affiliates.
14. Manifest Error
14.1 Manifest Errors may occur in the pricing of financial instruments accessible via the Simulated Trading Platform. A “Manifest Error” is defined as an error, omission, or obvious misquote by the Company, or any market, price providing bank, information source, commentator, announcement, or official upon whom the Company reasonably relies, considering the current market conditions at the time an order is placed. This may include incorrect prices, dates, times, markets, or any error or lack of clarity in any information source, commentator, official result, or announcement.
14.2 In determining whether a situation constitutes a Manifest Error, the Company will consider all information in its possession, including, but not limited to, information about relevant market conditions and any error in, or lack of clarity of, any information source or announcement. The Company commits to declaring any Manifest Error in good faith, based on a reasonable assessment of all pertinent information.
14.3 In the event of a Manifest Error, the Company reserves the right to cancel the order and address any resulting consequences, be it profit or loss for the Customer. This action will be taken immediately upon detection of the Manifest Error.
15. Limitations of Liability
15.1 The Company, its officers, directors, employees, Affiliates, white label partners and agents will not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Services and these Terms and Conditions for:
i. loss of profits;
ii. loss of sales or business;
iii. loss of agreements or contracts;
iv. loss of anticipated savings;
v. loss of use or corruption of software, data or information;
vi. loss of data;
vii. loss of or damage to goodwill; and
viii. any indirect or consequential loss.
15.2 Additionally, the Company, its officers, directors, employees, Affiliates, white label partners and agents shall not be liable to the Customer for any loss (including any incidental, indirect or consequential loss) Customer or any other person may suffer or incur as a result of or in connection with:
i. an event as set out in clause 18.1 (force majeure);
ii. changes to the trading terms of the relevant stock exchange or currency market;
iii. the failure of any third party trading systems, software or services not provided by the Company;
iv. any Manifest Error to the extent that the error could not have been prevented as a result of the Company due care and skill;
v. an inaccurately placed order by Customer, interruption of the connection or failure of the means of communication;
vi. temporary technical difficulties or circumstances that make it impossible to carry out transactions on a given market and produce quotes, unless caused by the Company breach of these Terms and Conditions, negligence or wilful default;
vii. a delay in transmitting any order for execution;
viii. any pricing discrepancies;
ix. slippage; and
x. if any of the risks relating to trading materialises.
15.3 The Company’s total liability to the Customer arising under or in connection with the Services and these Terms and Conditions whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total fees paid by the Customer to the Company.
15.4 Unless the Customer notifies that the Customer intends to make a claim in respect of an event within the notice period, the Company shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
16. Confidentiality
16.1 The Customer undertakes that he will not at any time disclose to any person any confidential information concerning the Company’s business, affairs, customers, clients or suppliers, except as permitted by clause 15.2.
16.2 The Customer may disclose the Company’s confidential information:
i. where the Company consents in writing to such disclosure; and
ii. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
17. Indemnification
The Customer indemnifies the Company, its officers, directors, employees, Affiliates, white label partners, and agents from any losses, damages, liabilities, claims, costs, awards, and expenses, including reasonable legal fees from any claims arising from the Customer’s actions that are illegal, wrongful, or in breach of this Contract.
18. Termination
18.1 Termination for cause: Without limiting any of the other rights of the Company, it may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to the Customer if:
i. the Customer commits a breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of the Customer being notified in writing to do so;
ii. the Customer is declared bankrupt; or
iii. the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing their own affairs or becomes a patient under any mental health legislation.
18.2 Termination for no cause: Without affecting any other right or remedy available to it, either party may terminate this Contract immediately by written notice to the other party.
18.3 Automatic Termination: This Contract shall automatically terminate:
i. on the date the Customer becomes an independent contract trader for the Company. Upon achieving this status, the obligations, rights, and terms as outlined in this Contract will cease to apply, and the Customer will transition to the terms and conditions specified in the independent contract trader contract; or
ii. if the Customer does not successfully complete the Challenge, as per the rules outlined on the Website, and the Company determines that the Challenge has not been passed, this Contract will be terminated immediately, effective from the date of that determination. The Company will inform the Customer of both the failure to pass the Challenge and the consequent termination of the Contract.
18.4 Consequences of Termination
i. On termination of this Contract, all rights and access granted to the Customer under this Contract, including but not limited to access to the Simulated Trading Account and any other related services, will cease immediately. The Customer will have no further rights to use or access any of the Services provided under this Contract.
ii. Termination of the Contract will not affect the parties rights and remedies that have accrued as at termination.
iii. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
19. Miscellaneous
19.1 Force Majeure
i. The Company shall not bear responsibility for any claims, losses, damages, costs, or expenses, including legal fees, incurred by the Customer that arise directly or indirectly from events, actions, or omissions beyond the Company’s control. This includes, but is not limited to, circumstances such as civil unrest, war, insurrection, international intervention, failure of suppliers or subcontractors, pandemics or epidemics, actions of government (such as exchange controls, forfeitures, nationalisations, or currency devaluations), natural disasters, acts of God, prevailing market conditions, or any inability to communicate with relevant parties.
ii. Furthermore, the Company is not liable for delays, disruptions, failures, or malfunctions in any transmission, communication systems, or computer facilities, regardless of whether these issues originate from the Company, the Customer, the Website, any brokers, the Simulated Trading Platform, or any third party service providers, in relation to the Services and the use of the Simulated Trading Account.
19.2 Data Protection
i. For these Terms and Conditions, the Company will collect and process information relating to the Customer in accordance with all applicable data protection legislation all applicable data protection and privacy legislation in force from time to time in Mauritius including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2017; the and the Data Protection Regulations 2009.
ii. The Company will only use the Customers personal information as set out in the privacy policy on the Website.
19.3 Preservation of Legal Claims
Nothing in these Terms and Conditions limits the legal claims as detailed elsewhere in this document or arising from applicable legal regulations. A failure by the Company or any authorised third party to enforce compliance with these Terms and Conditions does not constitute a waiver of any rights or claims.
19.4 Assignment and Transfer of Rights
The Company may assign claims arising under these Terms and Conditions to a third party without the Customer’s consent. The Company may also transfer its rights and obligations under these Terms and Conditions (or parts thereof) to a third party. Conversely, the Customer is not permitted to transfer, subcontract, or delegate their rights, obligations, or receivables under these Terms and Conditions (or parts thereof) to any third party, in whole or in part.
19.5 Entire Agreement
These Terms and Conditions constitutes the entire understanding between the Company and the Customer, superseding all prior oral or written agreements regarding the subject matter herein.
19.6 Notice and Communication
Notices or communications required under these Terms and Conditions must be in writing. Delivery may be by hand, certified or registered mail (return receipt requested), or email, to the addresses specified below or as otherwise updated in writing:
i. To the Company:
Address: Suite 201, The Catalyst Silicon Avenue, 40 Cybercity, 72201Ebène, Mauritius. Email: support@htrader.com
ii. To the Customer:
At the address details received by the Company during the registration process. The Customer agrees that the address given during the registration process shall be considered the valid and current address for any notice or communication unless the Company is notified in writing of a change of address.
19.7 Binding Effect
These Terms and Conditions is binding upon and benefits the Company and the Customer and their respective successors, legal representatives, and assigns.
19.8 Governing Law
These Terms and Conditions and any disputes or claims arising from it are governed by and interpreted according to the law of Mauritius.
19.9 Arbitration
Disputes arising under these Terms and Conditions will be resolved by arbitration per the Mauritius International Arbitration Centre (MIAC) Rules. The arbitration will have one arbitrator, be seated in Mauritius, and follow the International Arbitration Act 2008. The language of arbitration shall be English.
19.10 Non-Prejudicial Construction
These Terms and Conditions will not be construed against any party due to their role in drafting any part of it.
19.11 Titles and Captions
Titles or captions in these Terms and Conditions are for convenience only and do not influence interpretation.
19.12 Pronouns
Pronouns and variations thereof shall be interpreted as appropriate according to the entity’s identity.
19.13 Severability
If any provision of this Contract is held invalid, the rest of the Contract remains effective, except for applications of the provision in question to persons or circumstances where it is invalid.