TERMS & CONDITIONS

Please read our Terms & Conditions below carefully before using the Website. By using or registering an account on the Website, you (the "User") accept and agree to abide by these terms and conditions and the documents referred to therein. If you do not accept these terms and conditions, you should not use the Website or the Services. 

Purpose

Trading Games Limited operates the website at www.thefxtradingchallenge.com (“the Website”). We try to set out our Terms and Conditions, Policies and Rules in a simple and transparent way. If you have any questions or issues relating to our Terms, Conditions, Policies or Rules, or the way they are presented, please don’t hesitate to contact us at: support@thefxtradingchallenge.com 

The purpose of these Terms and Conditions is:

- to set out the basis on which we allow the user access to the Website and the Services; 

- to inform the user about the protection that we provide to ensure that our games are fair and transparent; 

- to establish the parameters governing entries and settlement of prize funds. 

We may amend our Terms and Conditions from time to time (please see paragraph 14.1 below) so you should ensure that you have read and understood the Terms and Conditions which apply at the relevant time. Each time you use the Website, the Terms and Conditions which are in force at that time will apply to the contract between you and us. In the event that our Terms and Conditions are updated, those published at the start of a game will be applicable to that game. 

These Terms and Conditions were updated on 6/7/2023

.2. General Terms

In these Terms and Conditions, terms, “we”, “us”, “our” and "the Operator" refer to Trading Games Ltd  (company number: 15031266) 

In these Terms and Conditions terms, “you”, “your”, and “the User” refer to you as a registered user of our games. 

To access the Website and Services and register a User Account, you must agree to be bound by these Terms and Conditions and give the User Warranties set out in paragraph 3.2. By clicking "Register", you confirm that you have read and understood these Terms and Conditions (including the documents expressly referred to them) and you agree to be legally bound by them in relation to your use of the Website and your receipt of the Services. If you do not accept these Terms and Conditions, you should not use the Website. 

If you breach any of these Terms & Conditions, your User Account may be investigated (see paragraph 3.6) and this may result in prizes you have won being forfeited and/or your User Account being suspended and/or closed (see paragraph 3.7). 

3. User accounts

3.1 Registration

When you initially register your account, you are required to provide certain personally identifiable information ("Personal Data"), including: 

- full name (required)

- home address (required)

- date of birth (required)

- email address (required)

- contact phone number (optional)

We are required by law to collect and verify your age and address and we do our utmost to keep all personal data secure. We use the services of a subcontracted third party to verify your data and we share your personal data with this third party purely for the purposes of this verification process. We ensure that this third-party service provider complies with all appropriate legal requirements before sharing your data. See paragraph 4 (Privacy Policy). 

By agreeing to our terms and conditions, you agree that:

- We may collect, store and process the Personal Data listed above for the purposes of verifying your age and identity and in order to provide the Services.

- We may share your Personal Data with a third party for the purposes of carrying out this verification.

- You agree that we can rely on this personal data in entering into our agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us. 

- You agree that, if you use the Website and/or the Services, we may email you from time to time regarding your use of the Website and/or Services. 

If you do not agree with our Terms and Conditions regarding Personal Data and verification, please do not access the Website. 

Each User may create only one User Account which is non-transferrable and you should ensure that access to your account is protected by keeping your password secret at all times. The personal information you provide to us on registering will be verified to ensure that you do not already have an existing User Account with us. A User Account may only be used by the individual who created it and not by anyone else. We reserve the right to close your User Account if we have reason to believe that it or your User Account details are being used by anyone other than you and/or you have not kept your password confidential. You will compensate us for all and any losses, damages, costs and expenses we may suffer as a result of any failure by you to keep your Username and password strictly confidential. 

When you successfully register a User Account, we grant you a revocable, royalty-free and non-exclusive licence to access and use the Website and the Services subject to the following conditions: 

- you agree to abide by the Terms and Conditions and give the Warranties set out in 3.2 below. 

- you acknowledge that in no event will we, or any of our suppliers, accept any liability, however arising for any losses you may incur as a result of accessing the Website and/or using the services. 

- you acknowledge that Trading Games Ltd will hold certain personal data with respect to your identity, including but not limited to your name, address, date of birth and payment details. You agree that we rely on this information in entering into our agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us. See paragraph 4 (Privacy Policy); 

- you will not upload content to the Website if you do not own the copyright or have the express permission of the copyright owner to do so; 

- you will not disguise, or interfere in any way with, the IP Address of the device you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP Address of the device you are using whilst accessing the Website. 

- your use of the Website and our provision of the Services to you confer no rights whatsoever to the content and related intellectual property rights published on it; see paragraph 13 (Intellectual Property). 

Currently, our Services are available only in the UK and a small number of other countries and User Accounts must have an identifiable address in one of these countries to play on the Website. 

3.2 User Warranties

When you initially register a User Account, you are required to check and confirm your personal details, to confirm acceptance of these Terms and Conditions. In return for us agreeing to accept your application to register a User Account, you represent and warrant to Trading Games Ltd as follows: 

- that you are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us. 

- that the personal data submitted in your application to register a User Account is true, correct, accurate and not misleading and you will keep it up to date at all times. 

- that you have not been convicted of any financial crime such as money laundering or fraud; 

- that you have not been declared bankrupt, have not entered into any formal Voluntary Arrangement(s) with creditors and are not currently subject to County Court Judgments. 

- that you will at all times, whilst holding a User Account, comply with all applicable legislation in the jurisdiction in which you are located. 

- that you will not at any time, while holding a User Account, seek to manipulate or in any way affect the result of any bet. 

If we believe that you have breached one or more of these User Warranties, your User Account may be investigated (see paragraph 3.7) and this may result in Prizes you have won being forfeited and/or your User Account being suspended and/or closed (see paragraph 3.6). 

3.3 Age and identity verification

It is an offence in the UK for any person under the age of 18 to gamble. Trading Games Ltd uses a third-party service provider to verify the Personal Data you supply when you register a User Account to ensure that you are 18 or over and we share your Personal Data with this third party purely for this purpose. This may involve supplying the details that you have provided for us to an authorised data agency. In particular, we may verify that you are 18 years old or over, that you are resident in the country in which you say you are a resident and/or that your identity matches the identity of the sources of deposits in your User Account. If this is not the case, we will require further information from you to allow you to access the Website and use the services and will ask you for this by email. 

By agreeing to these Terms & Conditions, you authorise us to carry out these data checks through our third party service provider(s), all of which are subject to our Terms & Conditions and our Privacy Policy. 

You will not be able to make deposits or withdrawals from your User Account or to enter any of our games until age and identity verification has been successfully completed. 

Users who provide inaccurate or false information regarding their age or their identity will forfeit any prizes won and will have their User Account closed. We also reserve the right to notify the relevant authorities, which may result in civil proceedings or criminal prosecution. 

3.4 User responsibility and conduct

From the time that you register your User Account up until it is closed (for whatever reason), you agree to adhere to all the Terms and Conditions set out herein and act in good faith in all your dealings with Trading Games Ltd. 

You agree that you will ensure that User Account details (including username, password and security information) are kept private and secure; you agree not to disclose them to any third party. At the end of each session on the Website, you should log out of your account. If you suspect that someone may be misusing or attempting to misuse your User Account details, you should contact us immediately. 

You understand that you may lose money on the Website and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you be recoverable by or from us and we have no liability whatsoever in connection with any such loss. 

You agree that you will not use the Website and/or the Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person. 

You will not select an offensive Username, make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the chat or other social functions or any other part of the Website including within your own User Account information. We will not be liable to you for any loss that you may incur as a result of misuse of your password and we accept no liability resulting from the unauthorised use, whether fraudulent or otherwise, of any User Account. 

Information accessed by you on our Website, including but not being limited to results, statistics, sporting data and fixture lists are for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. 

3.5 Breach of these Terms and Conditions 

You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these terms and conditions or a breach by you of any law or the rights of any third party. 

In the event of such breach, your User Account may be suspended, investigated and prizes you have won may be withheld and MiPools may retain any positive balance then in your User Account pending the conclusions of such investigation and/or related legal proceedings. 

3.6 Investigations

If PredictSavvy suspends your User Account and/or voids any of your bets/entries, we will investigate the circumstances leading to this action as quickly as we can and will inform you promptly of the conclusion and the proposed remedy or action to be taken by us . In any such investigation, we will rely on the Pool Rules, data provided to us by our Data Provider and our transaction log database (and any other relevant information) as evidence to support our conclusions and actions. 

If you are unhappy about the conclusions of any such investigations or any actions we take as a result, please use our Complaints and Disputes procedures set out in paragraph 12 below. 

If you have funds deposited in a suspended or closed account, please contact our Helpdesk. However, we reserve the right to withhold the funds in your User Account pending the conclusion of any relevant investigation (including any relevant external investigation). 

3.7 Suspending and/or Closing accounts

We may restrict your access to our site, suspend or close your User Account and/or void any bets/entries you may have outstanding, at our absolute discretion if: 

- we suspect that you are under 18 (or have been under 18 whilst having an active User Account); 

- we suspect that any of your personal data is inaccurate. 

- we are unable to verify your personal data.

- we have a reason to believe you have registered and/or are using more than one account or are colluding with other(s) to gain an advantage in the pools; 

- we suspect that you are engaging in any illegal and/or fraudulent activity.

- we suspect that you have (or may have) breached any provision of these Terms and Conditions. 

- we suspect that you may be having difficulties obtaining credit or you are a problem gambler. 

- 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 a third party. 

Subject to paragraph 3.6 (Investigations) above, we are entitled to close your User Account and terminate these Terms and Conditions by giving you notice to your registered email address and, following such notice, you will no longer be able to access the Website or the Services other than to withdraw any outstanding balance in your User Account. 

Such termination shall be effective from the date on which notice to close your User Account is sent by us but will not affect any outstanding bets provided they are valid and not in breach of these Terms and Conditions. Bets made in breach of these Terms and Conditions will be void. In cases of suspected fraud or money laundering, a User may not be entitled to withdraw funds from a User Account. 

3.8 Matters beyond our control

Without prejudice to our obligations, we will not accept liability for loss or damage that a User may suffer as a result of a matter beyond our control including (but not limited to): 

- act of God.

- power cut.

- trade or labour dispute and/or strike lock-out or other industrial action by third parties. 

- war or terrorist activity,

- riots and/or civil commotion,

- invasion, terrorist attack or threat of terrorist attack, 

- war (whether declared or not) or threat of or preparation for war, 

- malicious damage,

- fire and/or explosion,

- flood or storm,

- earthquake, subsidence, epidemic or other natural disaster, 

- nuclear accident,

- act, failure or omission of any government or authority. 

- obstruction or failure of public or private telecommunication services and/or the internet. 

- any other delay or failure caused by a third party or otherwise outside of our control. 

If an event beyond our control occurs, we reserve the right to suspend or cancel the services without incurring any liability. In the event of cancellation or suspension of the services, we will make every effort to inform you as soon as is reasonably practicable. 

We will not accept liability for the failure of equipment or software howsoever caused, wherever located or administered, whether under our direct control or not, that may prevent the provision of the Services or prevent users from being able to contact us remotely. 

We will not be liable for failure to perform by a third party to these Terms & Conditions. 

3.9 Lost/Forgotten Username/Password

If you lose or forget your username or password, please follow the password recovery instructions on the Website. 

If, at any time, you are unable to log into your account, please contact us to request assistance: support@thefxtradingchallenge.com

3.10 Employee Accounts

Employees of Trading Games Ltd are permitted to register an account with PredictSavvy and may enter games on the Website. Employees do not have access to other users' answers before the start of any game or any other non-public information which would give them an unfair advantage in the pools. 

4. Privacy, Personal Data and Security 

4.1 Privacy policy

Users agree to adhere to our Privacy Policy when they access the Website and/or use the Services, which is compliant with the EU General Data Protection Regulations. 

4.2 Security

We have established security measures to protect your personal data from access by unauthorised persons and to prevent unlawful processing, accidental loss, damage and/or destruction. All data on our secure servers is encrypted using Secure Sockets Layer ("SSL") technology and all payments are arranged by our PCI-DSS compliant Payment Agent. 

But the most important security measure is to ensure that no-one else can access your account by keeping your password strictly confidential at all times. If you have forgotten your password, please follow the instructions on the Website and you will be issued with a new temporary password via email. 

Your Personal Data includes any information which identifies you as an individual and is encrypted at all times whilst in transit via the internet. SSL is a special protocol that automatically encrypts any data sent by you using our secure pages. If your browser is suitably configured, you will receive a warning message when you first access any secure page on the Website. This is simply information to advise you that the Website is protecting your personal data. 

Sadly, the transmission of data through the internet is not completely secure. Trading Games Ltd will do our best to protect your personal data, but we cannot guarantee the security of any data that you disclose online. You accept the inherent security implications of using the internet to communicate personal data and will not hold us responsible for any breach of security (unless we have been negligent). For your own protection, we encourage you not to include any commercially sensitive data (such as passwords or debit card numbers) in any emails you may send to us. 

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites may have their own security arrangements, privacy policies and terms of use and we do not accept any responsibility or liability for these policies. Please check these before you submit any data to them. 

5. Operation of the Website and the Services 

5.1 The Website and the Services

thefxtradingchallenge.com allows users to access the games as provided and managed by Trading Games Ltd. Access to the Website is subject to these Terms & Conditions and the games are governed by the Game Rules. Please read both carefully before entering any games. 

At the end of time for each game (or soon after), the game will be closed and the Net Prize fund (the Prize fund after the deduction of the Administration Fee) will be distributed to the winning entries. The process for settling the games and distributing the prize funds is described in paragraph 5.5 (Game Settlement and Payout Structure). 

We will determine which pools are published on the Website, when the pools are open for entering and when they close at our absolute discretion. 

5.2 Game Sizes

When entering a game, you will be asked to confirm your entry. As soon as we have received this confirmation, your stake is deemed to have been made and the stake(s) will (subject to having sufficient funds or points in your User Account) be debited from your account and added to the Prize fund(s) for the relevant game(s). 

You can edit your selections any time prior to the start. 

5.3 Settlement and Prize fund Payout 

Games will be settled as soon as reasonably practicable following the End Time of the game.

Games rely on data provided to us by third party data providers, to be used as the source data to determine results. If the data provider does not provide the relevant data to settle a game, Predictsavvy reserves the right to settle the game based on alternative publicly available information sources as it may, at its discretion, determine. 

If there is an investigation or dispute, data provided to us by a third-party provider, evidence that supports alternative public information and/or our transaction log will be provided as supporting evidence. 

When a game is settled, the Net Prize fund is calculated (the total entry fees for the game minus the Administration Fee) and paid out to the users in the prize positions when all relevant results have been updated and finalised. 

The payout structure of a game is determined by the number of entrants.

6. Financial transactions

6.1 Cash Deposits

PredictSavvy supports the following methods of depositing into a User Account: 

- debit cards; (min: £5, max: £200)

No cash deposits to a User Account will be allowed until a user’s age and identity have been appropriately verified (see para 3 above). 

The charges associated with each payment method are disclosed in the Payments Method page in the Help Section. We will not be responsible for additional charges which may be made by your bank when you make a deposit, so please raise any concerns directly with the relevant institution. 

If a user wishes to deposit funds using a debit card, the cardholder's name and address MUST be the same as the name and address registered with the User Account. 

All card payments made via us are processed by Stripe.com and will show up on your statement as Trading Games Ltd. In order to process transactions through Stripe, we share your personal data with them to ensure that your personal data matches the cardholder's personal data and to protect against fraud. Stripe does not use your personal data for any other purpose and is also subject to our Terms and Conditions and our Privacy Policy. 

We do not store your payment details on our Website. All card details are stored on secure SSL servers by Stripe, which holds a current valid PCI-DSS certificate.  

6.2 Withdrawals

Cash may be withdrawn from a User’s Account using any of the following methods: 

- debit cards; (min: £10, max £500)

No cash withdrawals from a User Account will be allowed until a user’s age and identity have been appropriately verified (see para 3 above). For some methods of withdrawing cash or for large withdrawals, this verification may require the validation of physical documents such as a passport, driving licence, utility bill or bank statement. 

When users have deposited funds using debit cards, withdrawals up to the amount of the deposits made with that card must be made to these cards before another method can be used. 

Users will not be entitled to withdraw money from User Accounts until they have made a successful deposit. 

Only one withdrawal request will be processed for each player's account per day. 

As the operator, we charge £0.80p for each withdrawal below £100. We are not responsible for any charges made by a user's credit or debit card company or bank when they make a withdrawal from their account. If any such charges are applied, please discuss them directly with the relevant financial institution. 

7. Administration fees

Each game (unless otherwise stated) will charge an Administration Fee. For standard games, the Administration Fee will range from 15 to 30%% of the gross price fund for each game, depending on the pool size and the stake. 

8. Communication

8.1 Notices and announcements from PredictSavvy to Users 

You agree to receive communications relating to your User Account and your use of the Services from us electronically, by email, using the email address that is registered with your User Account. It is your responsibility to keep your contact details up to date on your User Account. If those details are incorrect or not up to date, you may not receive important information relating to your User Account, the Services or changes to these Terms and Conditions. Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to provide evidence, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action. 

The types of email communication that you may receive from us will include three categories: 

1. Service emails that we are required to send you, such as requests for information to authorize your account, updates to Terms and Conditions or changes in the law or changes in the status of your account. 

2. Game related communications such as password retrieval, payment confirmations, game updates, prize announcements or deadline reminders; we will send you these as part of our services and these are provided on a lawful basis under our terms and conditions. 

3. Notifications of new events or new pools or bonuses and/or special offers: we will only email you about new events and/or new games or bonuses and/or special offers on the Website if you have provided consent for us to do so. To “opt in” to these reminders and offers, please visit the Communication Preferences page of your user account or just email us and we will add this consent manually. 

We may communicate with you via email in relation to categories 1) and 2) on a lawful basis as these are legal requirements and /or required for us to provide you with the Services. 

We will only communicate with you via email in relation to category 3) if you have provided your Consent for us to do so, either when you registered or by changing your preferences in your account management. You may give or withdraw your consent at any time. 

We will do our best to ensure that no derogatory, abusive or obscene language is used in any of our communications, but if you feel that any of our content is inappropriate, please contact us immediately. 

If we need to notify you directly under these Terms and Conditions, we will do so by email to the email address registered with your User Account. 

9. Limitation of liability

Nothing in these Terms and Conditions limits or excludes our liability for: 

(a) death or personal injury caused by our negligence.

(b) fraud or fraudulent misrepresentation; and/or

(c) any other liability which cannot be excluded or limited by applicable law. 

If we fail to comply with these Terms and Conditions, we will accept responsibility for loss or damage you may suffer that is a foreseeable result of such a breach or our negligence. But under no circumstances (save as set out above) will we accept responsibility for any loss or damage that is not foreseeable (including indirect, special or consequential loss). 

Our total liability to you in respect of all other losses arising under or in connection with these Terms and Conditions, your User Account and your use of the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount held in your User Account at the time of such breach. 

To the extent that any employee may make any statement to you that may constitute advice in respect of any bet, you should not rely on it. If you do rely on it, such reliance will be a breach of these Terms and Conditions and any resulting bet placed will be at your sole risk. 

We will not accept ANY liability for the failure of any equipment or software, howsoever caused, that may prevent the operation of the Website, or our services or may impede the placing of offers for bets on the Website or prevent you from being able to contact us. 

Except as expressly stated in these Terms and Conditions and to the extent permitted by law, we do not give any representation, warranties or undertakings in relation to your use of the Website. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. 

11. Suspension of the Service

Our services may occasionally be suspended for one of a number of reasons including (but not limited to): 

because we are carrying out essential maintenance. We will try and give you warning when this is going to happen and we will try and restrict it to times when there are low activity levels on the Website. 

because of circumstances beyond our control. If this is the case, we will do our best to inform you of the nature and likely length of the loss of the Services. 

because we have been required to suspend the Services by a regulator or other relevant authority. 

We will not accept responsibility for losses users may incur as a result of the suspension of the Services. 

12. Complaints and Disputes

We will try to deal with all Users fairly at all times, but if you have a complaint, please contact us: support@thefxtradingchallenge.com and we will try and address your issue(s) quickly and fairly. 

In emails to us, please include your username and full name and ensure that the email address you use is the one that you have registered on your User Account. Please also include a clear explanation of your complaint. The team will investigate your complaint and respond to you as quickly as possible. 

13. Intellectual Property

All intellectual property rights on the Website including, without limitation, all copyright and related rights, design rights and all trade mark rights (whether registered or unregistered) in and to the website, software, images and text and the domain name www.thefxtradingchallenge.com, (altogether the “IPR Rights”) will, at all times, belong to Trading Games Ltd . 

Under the terms of the licence granted under these Terms and Conditions, users are permitted to use the website only as expressly authorised by us . You agree not to copy, redistribute, publish, reproduce, transmit, display, commercially exploit, tamper with or create derivative works of any of the IPR Rights in whole or in part and you agree not to interfere with, modify or reverse engineer any software provided on the Website. 

You acknowledge and agree that the material and content contained within the Website and provided as part of the Services are made available for your personal non-commercial use only. Any other use of such material and content is prohibited. 

14. General Terms

14.1 Amendments to these Terms & Conditions 

Trading Games Ltd reserves the right to change the Terms and Conditions to reflect changes to the Website and/or the Services, including the addition of products or services offered by us or a third party. We will announce and publish any changes on the Website and we will give you advance notice (by, at our sole discretion, emailing you and/or providing a notification on the Website and/or publishing a notice and the revised terms and conditions on the Website). Your continued use of the Website and the Services following such notification or such advance notice will be deemed binding acceptance of the modification(s). If a change is unacceptable to you, you should not continue to use the Website and/or the Services. It is your sole responsibility to review the Terms and Conditions (including the Pool Rules) and any amendments to them each time y ou use the Website and/or the Services. 

14.2 Applicable Law

The Terms & Conditions are subject to and governed by the laws of England and Wales and we accept no liability under the law in any jurisdiction other than England and Wales. All bets made on the Website, together with the Terms and Conditions and the Pool Rules and our Policies are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle disputes arising out of or in relation to them. 

The Website, the Services, the Terms and Conditions, our Policies and the Pool Rules are available only in English. 

14.3 Entire Agreement/In the event of a conflict with any other Policy 

In the case of inconsistencies or contradictions, these Terms and Conditions will take precedence over any other Policies, Pool Rules or other documents which may be available on the Website or elsewhere. 

14.4 Severability

If any provision of these Terms & Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision will be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms & Conditions shall not be affected. 

14.5 No Waiver or Delay

No failure or delay by a party to exercise any of its rights under these Terms & Conditions shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right. 

14.6 Registered Office

The registered office of Trading Games Ltd is: 88 Wolsey Drive, Kingston Surrey KT2 5DW, United Kingdom.