1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Trader Talent Limited a company registered in Hong Kong. Our company registration number is 2958912 and our registered office is at Unit 2A, 17/F, Glenealy Tower No.1, Glenealy, Central, Hong Kong. We provide educational content, tools and assessments for those interested in learning to trade and prove their skill at it in a safe simulated real-time environment. We do not offer live trading accounts but do refer talented traders that pass the Tryout assessments to firms willing to risk their own capital on new traders who have proven they may have the discipline and talent to succeed.
2.2 How to contact us. You can contact us by writing to us at enquiries(at)tradertalent.com (replace (at) with @ symbol)
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. By completing an online form or order, you as the customer are making an offer. Our acceptance of your order will take place when we provide acknowledgement on the website, deliver access to the goods ordered or email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to supply the requested product within your expected timeframe.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell external to Hong Kong. Unfortunately, we do not accept orders from customers within Hong Kong.
4. OUR PRODUCTS – OUR RIGHT TO MAKE CHANGES
4.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat or the addition or removal of certain tradable products or software features.
4.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
- Changes to the rules to meet the performance and risk criteria for being offered a live account with a partner firm.
- Changes to the costings associated with replicating trading transactions in the Tryouts to realistically reflect those on the live account which our partners are able to provide at the time.
- Changes in pricing relating to incorporated pass through costs from suppliers and other third parties such as exchange data charges.
- Changes as to which trading exchanges are available within the Tryouts.
- Changes to leverage and starting account balances to reflect market developments.
4.3 Updates to digital content. We may update or require you to update digital content from time to time.
5. PROVIDING THE PRODUCTS
5.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
- If the products are one-off services. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
- If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order. The Tryout balance reset product is effected almost immediately once payment has cleared.
- If the products are ongoing services or a subscription to receive digital content. We will supply the services, or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clauses 6 and 7, or we end the contract by written notice to you as described in Clause 8.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, declaring whether you are a professional or non-professional trader. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see Clause 4).
5.6 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price or extend your subscription so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 5 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.7 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 10), we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 10.4).
6. TERMINATING THE CONTRACT
6.1 You can end your contract with us. Depending on the particular product purchased you can cancel your monthly subscription renewal from the account dashboard at any time. Due to the nature of the products and costs attributable from third party suppliers integrated into the pricing and delivery of them, we cannot refund or pro-rate any existing purchase. Cancellations cancel any upcoming payments relating to ongoing subscriptions.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not yet been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 4);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or
- you have a legal right to end the contract because of something we have done wrong.
6.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price for any part of the service/product already used including any irretrievable costs applicable to us from third parties created directly as result of your order.
6.4 When consumers do not have a right to change their minds. Excluding the provisions of Clause 6.2, your right as a consumer to change your mind does not apply in respect of:
- Tryouts (Growth, Venture, Rocket,), Resets, Squawk subscriptions, exchange data services, or any other instantly supplied digital service;
- other digital products made available to you and to which you agreed to their non-refundable nature when ordering, you will not have a right to change your mind;
sales are final and non-refundable, except as specified elsewhere in these terms. Subscriptions may be cancelled at any time prior to the next payment date in accordance with Clause 7.
7. HOW TO END THE CONTRACT WITH US
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Online. Click the ‘cancel’ button under the My Subscription section of your account dashboard https://www.tradertalent.com/account on our website and confirm the pop-up warning to agree to your understanding of how this action will affect the product and its accessibility, cancellation will occur instantly.
- Email. If for some reason you are unable to cancel your subscription from the website email us at subscriptions(at)tradertalent.com (replacing(at) with @) Please provide your name, address, details of the order number and your phone number.
8. OUR RIGHT TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for a product or service at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
- we determine you have supplied us with false information
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the product or service. We may write to you to let you know that we are going to stop providing the product or service. We will let you know at least 2 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9. NO GUARANTEE OF A LIVE TRADING ACCOUNT
9.1 Where your purchase involves a Tryout we can not guarantee that trading firms partnered with will offer you a backed live account upon completion. While we make reasonable efforts to secure you trading with a financial backing partner upon completion of your Tryout, we cannot guarantee it. This may be for a number of reasons, including but not limited to:
- Trader Talent at its sole discretion determines the route you took to complete your Tryout involved deceptive practices or exploitation of loopholes in the simulated trading software or your activity does not provide a reasonably accurate representation of your ability to trade profitably if live.
- That the on boarding process and know your customer (KYC) outcome prohibits or causes unreasonable risk for you to be offered a live trading account by a partner firm, including requirements of clearers, exchanges, and banking partners, including but not limited to restrictions related to, applicable sanctions, regulatory actions, criminal records, etc.
In the event of you being denied a live account by partners firms we refer you to, we will examine on a case by case basis the possibility of a refund, which is not to be withheld unreasonably.
9.2 We can not guarantee exactly the same terms as your Tryout once live. Due to fluid developments of third parties’ requirements we can not guarantee the terms offered to you by a firm you are referred to will be exactly in line with what was presented on the Trader Talent website simulated environment at the time you began your Tryout. We will always endeavour to secure you a matched offer or one as similar as possible and work with those firms regularly in order to replicate what they are realistically comfortable with offering.
10. IF THERE IS A PROBLEM WITH THE PRODUCT OR SERVICE
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at concerns(at)tradertalent.com (replace (at) with @ symbol).
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.2 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and terminate the supply of any goods or services to you.
11.3 When you must pay and how you must pay. We accept payment by card using Stripe and other payment services from time to time. All our products currently require advance payment in full for the upcoming subscription period and are charged on a rolling monthly basis in line with your subscription start date. Details of upcoming payment dates can be seen in your My Subscription section of the Account section of our website once you are logged in.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of HSBC Hong Kong from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 No unlawful limitation of liability. We do not exclude or limit in any way our liability to you where it would be unlawful to do so such as for death or personal injury.
12.2 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use.
13. LIMITATION OF LIABILITY
13.1 Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Subject to Clause 13.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to HKD1,000.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.