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Get funded
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General Terms and Conditions
These General Terms and Conditions for Magical FUNDING (referred to as the “GTC”) govern the rights and responsibilities associated with utilizing the services provided by Magical Trading Solutions LLC (United States) (referred to as the “Services”), primarily made available through the http://www.magical-funding.com website (referred to as the “Website”). We urge you to carefully review these GTC. You are not obliged to utilize the Services if you find any part of these Terms disagreeable or unclear. Furthermore, you should not use the Services unless you have a full understanding of and consent to these Terms.
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1. INTRODUCTION
1.1. Overview
These General Terms and Conditions (referred to as “GTC”) outline the rights and responsibilities of users (“you” or the “Customer”) regarding the utilization of services provided by Magical Trading Solutions LLC (Registration No.: 92-1690285), headquartered at West Ln 176, New York, 10002, United States (referred to as “we” or the “Provider”).
1.2. Agreement and Acceptance
By registering on the Website or, if registration is not mandatory, upon your initial use of the Services, you enter into a contractual agreement with the Provider. This contract pertains to the provision of your selected Services, and these GTC constitute an integral part of that agreement. By engaging in this contract with the Provider, you confirm your acceptance of these GTC.
1.3. Age and Geographic Restrictions
The Services are intended solely for individuals aged 18 and above, residing in countries where the Services are accessible. Upon registering on the Website, you affirm that you are at least 18 years old. If you are below 18, you are not eligible to use the Services. You agree to access the Services exclusively from countries where they are available and confirm your understanding that the use of the Services may be regulated or prohibited by law in certain countries. You commit to accessing and using the Services in accordance with applicable laws.
1.4. Nature of Services
The Services encompass tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on various financial markets, the provision of analytical tools, training materials, educational resources, and other related services. These services may be accessed through the Client Section or by granting access to applications offered by the Provider or third parties. While financial market data is employed in simulated trading, it’s essential to acknowledge that any trading conducted through the Services is not actual. Furthermore, the funds allocated for demo trading are fictitious and have no real value. You do not possess any rights over these fictitious funds beyond their use within the Services, and they cannot be employed for real trading. You are not entitled to any compensation or profits from simulated trading outcomes, and you are not obligated to cover any losses, unless expressly specified otherwise.
1.5. Not Investment Services
None of the services provided by the Provider should be construed as investment services as defined by applicable laws. The Provider neither offers nor provides any guidance, instructions, or advice on how to conduct transactions while using the services or otherwise, nor does it accept any such guidance or instructions from you. None of the services constitute investment advice or recommendations. No employee, staff member, or representative of the Provider is authorized to dispense investment advice or recommendations. Should any information or statement from the Provider’s employees, staff, or representatives be interpreted as investment advice or recommendations, it is explicitly disclaimed as such by the Provider, and the Provider assumes no responsibility for such interpretations.
1.6. Privacy
The processing of your personal data is governed by the Privacy Policy.
1.7. Definitions
Definitions, expressions, and abbreviations used in these GTC can be found in Section 18.
2. SERVICES AND SERVICE ORDER
2.1. Ordering Services
You may request the Services by completing the relevant registration or order form on the Website. Following registration, we will send you login details for the Client Section and/or Trading Platform, granting you access.
2.2. Service Scope
The Services encompass offerings such as the Free Trial, Magical Funding Trading Challenge, and Verification products. These products may vary in scope, including access to analytical tools. The Free Trial permits limited access to select Services, available on third-party brokerage and trading platforms, for a specified time, without charge. Completing the Free Trial does not grant access to other Services.
2.3. Data Accuracy
You are responsible for providing accurate and current information via registration, order forms, or the Client Section. Any changes to your data must be promptly communicated, and you must maintain data accuracy. The Provider is not obliged to verify provided data.
2.4. Entrepreneurial Status
If you provide an identification number, tax registration number, or similar information, or assert legal entity status during registration or in the Client Section, you will be considered an entrepreneur (trader) under these GTC. Consumer rights provided by these GTC or applicable laws will not apply to you.
2.5. Fees and Configuration
The Magical Funding Trading Challenge fee varies based on selected options, initial capital, acceptable risk levels, fulfillment parameters, and other configurations. Detailed information and fees for each option are available on our Website at http://www.magical-funding.com and in the Client Section. The Provider may offer Services under individually negotiated conditions. The final fee is determined by your selected Magical Funding Trading Challenge option, and the Provider reserves the right to offer Services under individually negotiated terms. Unless explicitly stated otherwise by the Provider, individual discounts and benefits may not be combined.
2.6. Fee Refund Policy
Fees for the Magical Funding Trading Challenge are non-refundable. This policy applies even if you cancel your Client Section, request cancellation by email, terminate Services prematurely, fail to meet Challenge or Verification conditions, or violate these GTC.
2.7. Chargeback Disputes
Unjustified complaints or disputes regarding fees, lodged by the Customer with their bank or payment service provider (e.g., via chargeback services or dispute resolution), may lead to the Provider ceasing Services, refusing future provision of Services, and considering legal action, at its discretion.
2.8. Option Selection
Your chosen Magical Funding Trading Challenge option applies to subsequent Verification. Parameters and currency corresponding to the selected Challenge option will apply to Verification. Selections are irreversible. Ordering a new Magical Funding Trading Challenge does not impose the restrictions detailed in Section 2.8.
2.9. Fee and Parameter Changes
The Provider may unilaterally modify Service fees, parameters, and completion requirements at any time. Such changes do not affect Services purchased before notice of the modification.
2.10. Order Confirmation
Data provided in the order form may be reviewed, corrected, and modified before submitting the order. The order is confirmed upon order form submission. In the case of the Free Trial, the order is considered complete when confirmation is sent to your email address, finalizing the contract. For the Magical Funding Trading Challenge, the order is finalized upon fee payment for the selected option (see Section 3.4). This payment constitutes the execution of a contract between you and the Provider, covering the Magical Funding Trading Challenge and, if Challenge conditions are met, Verification. The contract is executed in English and archived electronically, without access provided.
2.11. Technical Requirements
You are responsible for obtaining the necessary technical equipment and software, including third-party software (e.g., Trading Platform software), at your expense and risk. While the Website is compatible with commonly used web browsers, internet access, equipment, and web browser purchase and maintenance are your responsibility. The Provider does not guarantee compatibility of Services with specific equipment or software. Additional internet connection fees are not charged by the Provider.
2.12. Third-Party Trading Platforms
Trading platform operators are separate entities from the Provider, and their terms, conditions, and privacy policies apply when using their services and products. You are required to read and understand these terms, conditions, and privacy policies before submitting an order form.
2.13. Unusual Activity
If you place an unusually high number of Service orders in an unreasonably short timeframe, we may issue a protective notice to mitigate potential harmful or impulsive behavior. Continuation of such behavior after notice may result in a suspension of further Service orders. If this behavior is associated with Forbidden Trading Practices, actions outlined in Section 5 may be taken. The Provider reserves the right to determine the nature of the described behavior and reasonable thresholds.
3. PAYMENT CONDITIONS
3.1. Currency and Exchange Rates
Fees for Magical Funding Trading Challenge options are denominated in USD but can also be settled in other currencies as listed on the Website. If payment is made in a different currency than selected on the Website, it will be converted at prevailing exchange rates at the time of payment.
3.2. Tax Responsibilities
Service charges include all applicable taxes. Entrepreneurs (traders) must fulfill all tax obligations related to Services usage in accordance with applicable laws. If obligated, entrepreneurs must remit taxes and fees as required.
3.3. Payment Methods
Payment for your chosen Magical Funding Trading Challenge option can be made using various methods offered on the Website, such as payment cards, bank transfers, or other available means.
3.4. Payment Process
For immediate payments via payment card or express methods, payment is completed instantly. If you opt for bank transfer, you will receive an electronic proforma invoice detailing the fee for your chosen Magical Funding Trading Challenge option as selected on the Website. Payment is due within the timeframe indicated in the proforma invoice. Payment is considered complete once the full fee amount is received in the Provider’s account. Failure to meet payment deadlines may result in order cancellation. Customers are responsible for any fees levied by the chosen payment service provider, as per their prevailing pricing schedule, and must ensure full payment for the selected Magical Funding Trading Challenge.
4. CUSTOMER ACCOUNT
4.1. Single Client Section
Each Customer is allowed only one Client Section, and all of the Customer’s Services must be managed within this Client Section.
4.2. Limits on Challenges and Verifications
The number of Magical Funding Trading Challenges and Verifications within a single Client Section may be restricted based on factors like the total initial capital invested in the products or other relevant parameters. Unless the Provider grants an exception, initial capital amounts cannot be transferred or combined between individual products, nor can performance, Service parameters, data, or any other information be transferred or combined between products.
4.3. Security and Access
Access to the Client Section and Trading Platform is secured by login credentials, which must not be shared with any third party. If a Customer registers as a legal entity, they may authorize their employees or other designated representatives to use the Services through the Customer’s Client Section. The Customer is accountable for all actions performed through their Client Section or Trading Platform. The Provider bears no responsibility, and the Customer is not entitled to compensation, for any misuse of the Client Section, Trading Platform, or any aspect of the Services, even if such misuse is due to actions taken by the Customer.
4.4. Service Availability
The Customer acknowledges that the Services may not be accessible at all times, especially during maintenance, upgrades, or other reasons. The Provider is not responsible, and the Customer has no claim to compensation, for any unavailability of the Client Section or Trading Platform or for any loss or damage to data or other content uploaded, transferred, or saved via the Client Section or Trading Platform.
4.5. Cancellation of Client Section
Customers can request the cancellation of their Client Section at any time by emailing [email protected]. Such a request is considered a termination request by the Customer, leading to the cessation of Services use, including access to the Client Section and Trading Platform. Upon receipt of the request, the Provider will promptly confirm via email, terminating the contractual relationship between the Customer and the Provider. In such cases, the Customer is not entitled to a refund of already paid fees or any other incurred costs.
5. DEMO TRADING GUIDELINES
5.1. Conducting Demo Trades
While engaged in demo trading on the Trading Platform, you are free to execute various transactions, as long as they do not involve prohibited trading strategies or practices as defined in clause 5.4. It is also expected that you adhere to established market standards and practices for trading in financial markets, including risk management protocols. Keep in mind that the trading conditions of the selected Trading Platform may impose additional restrictions.
5.2. Data Sharing Consent
You acknowledge that the Provider has access to information pertaining to the demo trades you conduct on the Trading Platform. You hereby grant the Provider your consent to share this information with individuals or entities within the Provider’s corporate group or those otherwise affiliated with the Provider. Furthermore, you provide the Provider and these associated individuals/entities with your consent and authorization to use this information at their discretion. You understand that these actions may occur automatically without requiring any additional consent, consultation, or approval on your part. You also acknowledge that you are not entitled to any compensation or revenue related to the utilization of this data by the Provider. It is important to note that your demo trading on the Trading Platform can be halted by you at any time.
5.3. Provider’s Limited Responsibility
The Provider assumes no responsibility for the accuracy of the information displayed on the Trading Platform or for any disruptions, delays, or inaccuracies in the market data presented through your Client Section.
5.4. FORBIDDEN TRADING PRACTICES
5.1. Prohibited Activities During Demo Trading
While engaging in demo trading, the following actions are strictly prohibited:
a) Using trading strategies, whether knowingly or unknowingly, that exploit service errors, such as pricing inaccuracies or delays in their updates. (This restriction will not apply during the evaluation stage if Magical Funding enables all forms of EAs. Currently, all forms of EA’s are enabled during the evaluation stage.) b) Executing trades using external or slow data feeds. (This restriction will not apply during the evaluation stage if Magical Funding enables all forms of EAs.) c) Conducting trades with the intent of manipulating the trading process. This includes entering into opposing positions simultaneously, whether individually or in coordination with other parties, including connected accounts or accounts held with different Magical Funding entities. d) Executing trades that violate the terms and conditions of the provider and the trading platform. e) Employing software, artificial intelligence, ultra-high-speed methods, or mass data entry techniques that may manipulate, abuse, or provide an unfair advantage when using our systems or services. f) Engaging in any trading activities that contradict standard trading practices in the Forex market or any other financial market. This also applies to practices that reasonably raise concerns about potential financial or other harm to the provider.
5.2. Adherence to Risk Management Rules
Furthermore, the Customer must not exploit the Services by disregarding standard risk management rules for trading in financial markets. This includes practices such as (i) opening significantly larger position sizes compared to other trades, whether on this or any other Customer account, or (ii) opening substantially fewer or greater numbers of positions compared to other trades, whether on this or any other Customer account.
The Provider retains the right to determine, at its discretion, whether specific trades, practices, strategies, or situations fall under the category of Forbidden Trading Practices.
5.3. Consequences of Forbidden Trading Practices
Should the Customer engage in any of the Forbidden Trading Practices outlined in clause 5.1: (i) The Provider may consider it a failure to meet the conditions of the specific Magical Funding Trading Challenge or Verification. (ii) The Provider may exclude transactions violating the prohibition from the Customer’s trading history and/or disregard their results in the profit and/or loss calculations for demo trading. (iii) The Provider may choose to immediately terminate all Services provided to the Customer, subsequently ending this Agreement.
5.4. Multiple Account Scenarios
If the Forbidden Trading Practices outlined in clause 5.4 are executed across one or more Magical Funding Trading Challenge and Verification accounts belonging to a single Customer, accounts held by different Customers, or through a combination of Magical Funding Trading Challenge and Verification accounts and Magical Funding Trader accounts, the Provider is entitled to cancel all Services and terminate all related contracts concerning any and all Customer’s Magical Funding Trading Challenge and Verification accounts. The Provider holds the authority to exercise any actions specified in Clauses 5.3 and 5.4 at its discretion.
5.5. Impact on Third-Party Accounts
Should any Magical Funding Trader accounts be implicated in or used for Forbidden Trading Practices, this may constitute a breach of the respective terms and conditions of the Magical Funding Trader account with a third-party provider. Consequently, it may result in the cancellation of such user accounts and the termination of corresponding agreements by the third-party provider.
5.6. Repeated Violations
If the Customer repeatedly engages in the practices outlined in clause 5.1 and has previously received notifications from the Provider regarding such violations, the Provider may restrict the Customer’s access to all Services or specific portions, including the Client Section and Trading Platform, without offering compensation. In such cases, the Customer is not entitled to a refund of any fees paid.
5.7. External Trading Disclaimer
The Provider assumes no responsibility for trading or other investment activities conducted by the Customer outside the scope of the Provider’s services. This includes instances where the Customer uses data or information from the Client Section, Trading Platform, or any other Service-related sources for real trading activities in financial markets. Notably, this exemption extends to situations where the Customer employs the same Trading Platform for demo trading.
5.8. Market Volatility Warning
Financial markets are characterized by frequent and abrupt changes. Trading in financial markets carries inherent risks and may result in significant financial losses. Past performances and profits from a Customer’s demo trading activities do not guarantee or indicate future performance.
6. MAGICAL FUNDING TRADING CHALLENGE
6.1. Activation of Magical Funding Trading Challenge
Upon payment of the fee for the selected option of the Magical Funding Trading Challenge, the Customer will receive relevant login credentials for the Trading Platform at the email address provided during registration or in the Client Section. The Customer activates the Magical Funding Trading Challenge by initiating the first demo trade on the Trading Platform.
For consumers, it’s important to note that by initiating the first demo trade, you explicitly request the provider to commence the services before the withdrawal period expires. This affects your right to withdraw from the contract, as detailed in clause 12.
Failure to activate the Magical Funding Trading Challenge within 30 calendar days from the date it becomes available results in suspension of access. You may request access renewal through the Client Section or by emailing [email protected] within 6 months of the initial suspension. Otherwise, we will terminate the provision of Services without the right to a fee refund. The Magical Funding Trading Challenge remains active for 30 calendar days upon activation but has no specific time limit as long as the trader remains actively engaged in the operation while working towards completing the parameters.
6.2. Conditions for Successful Magical Funding Trading Challenge
To successfully complete the Magical Funding Trading Challenge, the Customer must meet all of the following parameters by the end of the Challenge:
6.2.1. Daily Demotrade Requirement: The Customer must open at least one demo trade on each calendar day before achieving the profit targets.
6.2.2. Loss Limitation: Throughout the Magical Funding Trading Challenge, the Customer should not incur losses on any demo trades that exceed a certain percentage of the initial capital for the respective option. The specified limit is as follows:
- Magical Funding Trading Challenge: A daily loss not exceeding 4% of the account balance or the highest equity point on a given trading day.
6.2.3. Aggregate Loss Limitation: The Customer must not accumulate losses on closed demo transactions that exceed a certain percentage of the initial capital for the respective option. The specified limit is as follows:
- Magical Funding Trading Challenge: A total loss not exceeding 8% of the balance (trailable to all balance sizes) or the highest equity point on a given trading day.
6.2.4. Profit Requirement: Throughout the Magical Funding Trading Challenge, the Customer must achieve an overall profit on all closed demo trades, amounting to at least a certain percentage of the initial capital for the respective option. The specified requirement is as follows:
- Magical Funding Trading Challenge: An overall profit of at least 10% of the initial capital.
Detailed explanations of these parameters can be found on the website www.magical-funding.com and in the Client Section.
6.3. Evaluation and Success
Upon meeting the conditions outlined in clause 6.2 and not violating these GTC, specifically the rules of demo trading in clause 5.4, the Provider will deem the Magical Funding Trading Challenge as successful. The Provider will then grant access to the Funded Stage by sending login details to the Customer’s email address or via the Client Section. The Customer may request the evaluation of the Magical Funding Trading Challenge at any time by sending a request to [email protected] or through the Client Section. The Provider is not obligated to evaluate the Magical Funding Trading Challenge if the Customer has not closed all trades.
Upon meeting the aforementioned conditions, the Provider will evaluate the Verification as successful and recommend the Customer as a candidate for the Magical Funding Trader program (Funded).
6.8. No Guarantee of Acceptance
Provider’s recommendation of the Customer as a candidate for the Magical Funding Trader Program does not guarantee acceptance into the program. The Provider is not responsible for the Customer’s rejection by the Magical Funding Trader Program, whether for specific reasons or without cause.
7. MAGICAL FUNDING TRADER
Upon successful completion of the evaluation stage, the Customer may receive an offer from a third-party company, at its sole discretion, to participate in the Magical Funding Trader Program (Funded Stage). The specific terms, conditions, and agreement governing the relationship between the Customer and the third-party company are entirely independent and exist solely between the Customer and the third-party company. Magical Trading Solutions LLC (United States) plays no role in the agreement, whether in its execution or absence, between the Customer and the third-party company.
This contract between the Customer and the third-party company will provide comprehensive details regarding the operations and terms of the funding stage. We and our associates retain the right to refuse or cancel service, terminate accounts, or modify or delete content at our sole discretion.
You explicitly agree that our Services are intended solely for the Client’s use, meaning that only the Client is authorized to access their Magical accounts and execute trades. You must not grant access to your account to any third-party individuals, whether private individuals or professionals, nor are you permitted to access third-party accounts.
8. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
8.1. Ownership and Limited Usage Rights: The Website, Services, and all associated Content, including the Client Section, encompassing text, graphics, designs, icons, images, audio, video, and any other elements (collectively referred to as “Content”), are protected by copyright and other applicable laws, and are either owned by the Provider or licensed to the Provider. The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable permission to use the Content solely for personal use in accordance with the intended purpose of the Services. The Content is not sold or transferred to you and remains the property of the Provider or its licensors.
8.2. Trademarks and Designations: All trademarks, logos, trade names, and other identifying marks are the property of the Provider or its licensors, and you are not authorized to use them.
8.3. Fair Dealing and Dispute Resolution: Both you and the Provider commit to conduct yourselves in accordance with the principles of fair dealing when performing the contract and during mutual negotiations. This includes refraining from harming the good reputation and legitimate interests of the other party. Any potential disagreements or disputes between you and the Provider will be resolved in accordance with these GTC and applicable laws.
8.4. Limited Rights: Except for the expressly stated rights in these GTC, the Provider does not grant you any other rights related to the Services and Content. Your use of the Services and Content must comply with these GTC.
8.5. Prohibited Actions: When accessing the Services and Content, the following actions are prohibited:
8.5.1. Using any tools that could disrupt the operation of the Website and Services or exploit errors, bugs, or other deficiencies;
8.5.2. Circumventing geographical or technical restrictions;
8.5.3. Making copies or backups of the Website and Content;
8.5.4. Reverse-engineering, decompiling, disassembling, or otherwise altering the Website and Content;
8.5.5. Selling, renting, lending, licensing, distributing, reproducing, broadcasting, streaming, or using the Services or Content in any unauthorized manner;
8.5.6. Using automated methods to access, display, or collect information from the Website or Services; and
8.5.7. Employing any tools or methods that could cause harm to the Provider.
8.6. Consumer Rights: The provisions in clause 8 do not intend to negate any consumer rights that are protected by law and cannot be excluded.
9. DISCLAIMER
9.1. Service “As Is”: You acknowledge that the services and other content are provided “as is,” complete with any errors, defects, or shortcomings. Your use of these services is solely at your own responsibility and risk. To the fullest extent permitted by mandatory laws, the Provider disclaims all warranties, whether statutory, contractual, express, or implied, including but not limited to warranties of quality, merchantability, fitness for a particular purpose, or non-infringement of rights.
9.2. Limitation of Liability: To the extent allowed by mandatory provisions of applicable laws, the Provider shall not be held liable for any harm, including indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, lost profits, data loss, personal or non-monetary harm, or property damage arising from the use of the services or reliance on any tool, functionality, information, or other content related to the services or found elsewhere on the website. Additionally, the Provider is not responsible for any third-party products, services, applications, or content that you use in conjunction with the services. In cases where the Provider’s liability is established concerning the operation of the website or the provision of services by a court of law or competent authority, the liability shall be limited to an amount equal to the fee paid by you for the services associated with the loss incurred.
9.3. Service Modification: The Provider retains the right to modify, replace, add, remove, or change any elements and features of the Services at any time without any obligation to provide compensation.
9.4. Exceptional Circumstances: The Provider shall not be held accountable for any failure to deliver the purchased Services in instances beyond its control, such as serious technical or operational issues, crises, natural disasters, wars, uprisings, pandemics, threats to a large number of people, force majeure events, or obligations imposed by law or government decisions that prevent the provision of Services.
9.5. Protection of Rights: The provisions in Clause 9 are not designed to diminish any consumer or other rights that are safeguarded by law and cannot be excluded.
10. COMMUNICATION
10.1. Communication Channels: You recognize that all communication related to the provision of Services by the Provider or its partners will be conducted through the Client Section or the email address you have registered with us. It’s important to note that written electronic communication, whether via email, Live Chat, or through the Client Section, is considered as formal written communication.
10.2. Contact Information: Our designated contact email address is [email protected], and our physical address for correspondence is West Ln 176, New York, 10002, United States.
11. VIOLATION OF THE GTC
11.1. Consequences of Violation: In the event that the customer breaches any provision of these GTC in a manner that could potentially harm the provider, including situations such as accessing the services in violation of clause 1.3, providing incomplete, false, or outdated information contrary to clause 2.3, engaging in actions that could tarnish the reputation of the provider, violating the rules of demo trading as outlined in clause 5.4, acting in contravention of clause 8.3, and/or engaging in any of the activities mentioned in clause 8.5, the provider reserves the right to take action. This action may include preventing the customer from ordering any further services and, either fully or partially, restricting the customer’s access to all or specific services. Such restrictions may encompass access to the client section and trading platform, and these actions may be taken without prior notice and without any form of compensation.
12. RIGHT TO WITHDRAW FROM A CONTRACT
12.1. Consumer’s Right to Withdraw: If you are a consumer, you possess the right to withdraw from a contract within 14 days of its execution without providing any specific reason (please refer to clause 2.10 for information regarding the execution of the agreement). It’s important to note that if you commence demo trades before this specified time limit expires, your right to withdraw from the contract will be forfeited.
12.2. Withdrawal Process: To exercise your right to withdraw from the contract, you must communicate your withdrawal to us via our email address [email protected] within the designated time frame. We will promptly acknowledge the receipt of your withdrawal in written form without any undue delay. Upon your withdrawal from the contract, we will refund all fees received from you within 14 days from the date of your withdrawal, utilizing the same payment method you initially used.
12.3. Provider’s Right to Withdraw: In the event of any breach by the Customer as specified in Clause 10, the Provider reserves the right to promptly withdraw from the Contract.
13. DEFECTIVE PERFORMANCES
13.1. Non-Conforming Services: In the event that the Services do not align with the agreed terms or have not been delivered as expected, you retain the right to assert your entitlements concerning non-conforming services. Please note that the Provider does not furnish any guarantee regarding the quality of the services. It is essential to promptly inform us of any such discrepancy by contacting us via email at the address provided in clause 11.2. While asserting your rights due to non-conforming services, you may request that we rectify the issue or offer you a reasonable discount. If rectification is infeasible, you hold the option to terminate the contract or request an appropriate discount.
13.2. Prompt Resolution of Complaints: We will make every effort to address any complaints you submit in a timely manner, ensuring a resolution within 30 calendar days at the latest. We will also provide written confirmation of the receipt and resolution of your complaint. If we are unable to resolve the complaint within the stipulated time frame, you reserve the right to terminate the contract. To initiate a complaint, please send an email to our designated email address: [email protected].
14. AMENDMENTS TO THE GTC
14.1. Modification Authority: The Provider retains the authority to amend these General Terms and Conditions (GTC) at any time, and such modifications will take immediate effect for new customers and fresh orders of the Services placed by existing Customers. For existing Customers, the Provider will communicate any GTC changes through the Client Section or via email. It’s important to note that the terms and conditions applicable to the Magical Funding Trading Challenge and its subsequent funded stage shall align with the version of the GTC that was in force at the time the respective Magical Funding Trading Challenge was initially requested.
15. ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS
15.1. Customer Satisfaction: Our primary goal is to ensure our customers’ satisfaction with the services provided by Magical Trading Solutions LLC. Therefore, if you have any complaints or suggestions, we are committed to resolving them directly with you. You can reach out to us via email or at the address provided in clause 11.2. Additionally, we offer live chat support on our website.
15.2. EU Resident Consumer Dispute Resolution: This section applies exclusively to consumers who are residents of the European Union. In the event of a dispute, you may utilize the services of the Dallas County Dispute Resolution Consumer Center for Alternative Dispute Resolution, which is headquartered at Kyriakou Matsi 16, Nicosia, Nicosia, United States. Furthermore, you have the option to utilize the online dispute resolution platform available at the following website: https://www.ec.europa.eu/consumers/odr.
16. APPLICABLE LAW AND JURISDICTION
16.1. Governing Law: All legal relationships arising from these GTC, as well as any associated non-contractual legal relationships, shall be subject to the laws of the United States of America. Any disputes arising from these GTC and/or related agreements shall be under the jurisdiction of the United States court with local jurisdiction based on the registered office of the Provider.
16.2. Consumer Protections: Please note that the provisions outlined in clause 16.1 do not diminish the legal protections granted to consumers by mandatory laws within their respective European Union Member State or any other jurisdiction.
17. CONCLUDING PROVISIONS
17.1. No Adoption of Consumer Codes: The Provider has not endorsed any specific consumer codes of conduct.
17.2. Entire Agreement: These GTC constitute the comprehensive terms and conditions mutually agreed upon between you and the Provider, supplanting all prior agreements, whether oral or written, concerning the subject matter contained herein.
17.3. Reservation of Legal Claims: Nothing within these GTC is intended to restrict any legal claims explicitly outlined elsewhere in these GTC or derived from applicable laws. The failure of the Provider or any duly authorized third party to enforce compliance with these GTC shall not, in any manner, be construed as a waiver of any rights or claims.
17.4. Assignment of Claims: The Provider retains the right to assign any claims arising from these GTC or any agreements to a third party without requiring your consent. You acknowledge that the Provider may transfer its rights and obligations under these GTC or any agreement, in whole or in part, to a third party as the assignor. However, you are not authorized to transfer or assign your rights, obligations, or any receivables arising from these GTC or any agreements, either in whole or in part, to any third party.
17.5. Invalid Provisions: If any provision within the GTC is found to be invalid or ineffective, it shall be replaced by a provision with the closest possible meaning to the invalidated provision. The invalidity or ineffectiveness of one provision shall not impact the validity of other provisions. Any prior or future practices established between the parties, industry customs, or customary practices not expressly referenced in the GTC shall not be applied. No rights and obligations shall be derived from such practices, and they shall not be considered when interpreting the intentions of the parties.
17.6. Schedules as Integral Parts: The schedules attached to the GTC are integral components of the GTC. In the event of any inconsistencies between the main text of the GTC and any attached schedule, the main text of the GTC shall prevail.
17.7. Risk Assessment: Prior to mutually accepting these GTC, both parties have diligently assessed the potential risks associated with them and have willingly assumed those risks.
18. DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED
18.1. Definitions: For the purpose of these GTC, the following definitions shall apply:
18.1.1. Client Section: Refers to the user interface located on the Website.
18.1.2. Content: Encompasses the Website and all Services, including the Client Section, comprising their appearance, applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may constitute the Website and the Services (as specified in clause 8.1).
18.1.3. Customer: Denotes the user of the Services (as outlined in clause 1.1).
18.1.4. Magical Trading Challenge & 1-Step Funding Evaluation: Refers to trading accounts associated with trading education courses offered as part of the Services by the Provider.
18.1.5. Magical Funding Trader account: Signifies a trading account linked to the Magical Funding Trader program provided by a third-party provider.
18.1.6. Forbidden Trading Practices: Corresponds to trading practices strictly prohibited, unless otherwise indicated on our website, while utilizing our Services, and are further detailed in Section 5.4 of these GTC.
18.1.7. GTC: Represents these General Terms and Conditions of Magical Trading Solutions LLC.
18.1.8. Provider: Designates the provider of specific Services (as expounded in clause 1.1).
18.1.9. Schedules: Comprises Schedule 1 and any other applicable Schedules, which are integral components of these GTC.
18.1.10. Services: Encompasses the services provided by the Provider, as outlined in clauses 1.1 and 1.4.
18.1.11. Trading Platform: Denotes an electronic interface furnished by a third party, wherein the Customer engages in demo trading.
18.1.12. Website: Signifies the website www.magical-funding.com and its subdomains.
18.2. Expressions and Abbreviations: For the purpose of these GTC and their accompanying schedules, the following expressions and abbreviations shall be interpreted as follows:
18.2.1. Calendar Day: Denotes the period from midnight to midnight, in accordance with the prevailing time zone in the United States (Eastern European Summer Time, EEST).
18.2.2. Initial Capital: Refers to a hypothetical amount selected by the Customer when opting for the Magical Funding Trading Challenge, which the Customer will employ for demo trading.
18.2.3. EUR: Represents the euro currency.
General Terms and Conditions
These General Terms and Conditions for Magical FUNDING (referred to as the “GTC”) govern the rights and responsibilities associated with utilizing the services provided by Magical Trading Solutions LLC (United States) (referred to as the “Services”), primarily made available through the http://www.magical-funding.com website (referred to as the “Website”). We urge you to carefully review these GTC. You are not obliged to utilize the Services if you find any part of these Terms disagreeable or unclear. Furthermore, you should not use the Services unless you have a full understanding of and consent to these Terms.
1. INTRODUCTION
1.1. Overview
These General Terms and Conditions (referred to as “GTC”) outline the rights and responsibilities of users (“you” or the “Customer”) regarding the utilization of services provided by Magical Trading Solutions LLC (Registration No.: 92-1690285), headquartered at West Ln 176, New York, 10002, United States (referred to as “we” or the “Provider”).
1.2. Agreement and Acceptance
By registering on the Website or, if registration is not mandatory, upon your initial use of the Services, you enter into a contractual agreement with the Provider. This contract pertains to the provision of your selected Services, and these GTC constitute an integral part of that agreement. By engaging in this contract with the Provider, you confirm your acceptance of these GTC.
1.3. Age and Geographic Restrictions
The Services are intended solely for individuals aged 18 and above, residing in countries where the Services are accessible. Upon registering on the Website, you affirm that you are at least 18 years old. If you are below 18, you are not eligible to use the Services. You agree to access the Services exclusively from countries where they are available and confirm your understanding that the use of the Services may be regulated or prohibited by law in certain countries. You commit to accessing and using the Services in accordance with applicable laws.
1.4. Nature of Services
The Services encompass tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on various financial markets, the provision of analytical tools, training materials, educational resources, and other related services. These services may be accessed through the Client Section or by granting access to applications offered by the Provider or third parties. While financial market data is employed in simulated trading, it’s essential to acknowledge that any trading conducted through the Services is not actual. Furthermore, the funds allocated for demo trading are fictitious and have no real value. You do not possess any rights over these fictitious funds beyond their use within the Services, and they cannot be employed for real trading. You are not entitled to any compensation or profits from simulated trading outcomes, and you are not obligated to cover any losses, unless expressly specified otherwise.
1.5. Not Investment Services
None of the services provided by the Provider should be construed as investment services as defined by applicable laws. The Provider neither offers nor provides any guidance, instructions, or advice on how to conduct transactions while using the services or otherwise, nor does it accept any such guidance or instructions from you. None of the services constitute investment advice or recommendations. No employee, staff member, or representative of the Provider is authorized to dispense investment advice or recommendations. Should any information or statement from the Provider’s employees, staff, or representatives be interpreted as investment advice or recommendations, it is explicitly disclaimed as such by the Provider, and the Provider assumes no responsibility for such interpretations.
1.6. Privacy
The processing of your personal data is governed by the Privacy Policy.
1.7. Definitions
Definitions, expressions, and abbreviations used in these GTC can be found in Section 18.
2. SERVICES AND SERVICE ORDER
2.1. Ordering Services
You may request the Services by completing the relevant registration or order form on the Website. Following registration, we will send you login details for the Client Section and/or Trading Platform, granting you access.
2.2. Service Scope
The Services encompass offerings such as the Free Trial, Magical Funding Trading Challenge, and Verification products. These products may vary in scope, including access to analytical tools. The Free Trial permits limited access to select Services, available on third-party brokerage and trading platforms, for a specified time, without charge. Completing the Free Trial does not grant access to other Services.
2.3. Data Accuracy
You are responsible for providing accurate and current information via registration, order forms, or the Client Section. Any changes to your data must be promptly communicated, and you must maintain data accuracy. The Provider is not obliged to verify provided data.
2.4. Entrepreneurial Status
If you provide an identification number, tax registration number, or similar information, or assert legal entity status during registration or in the Client Section, you will be considered an entrepreneur (trader) under these GTC. Consumer rights provided by these GTC or applicable laws will not apply to you.
2.5. Fees and Configuration
The Magical Funding Trading Challenge fee varies based on selected options, initial capital, acceptable risk levels, fulfillment parameters, and other configurations. Detailed information and fees for each option are available on our Website at http://www.magical-funding.com and in the Client Section. The Provider may offer Services under individually negotiated conditions. The final fee is determined by your selected Magical Funding Trading Challenge option, and the Provider reserves the right to offer Services under individually negotiated terms. Unless explicitly stated otherwise by the Provider, individual discounts and benefits may not be combined.
2.6. Fee Refund Policy
Fees for the Magical Funding Trading Challenge are non-refundable. This policy applies even if you cancel your Client Section, request cancellation by email, terminate Services prematurely, fail to meet Challenge or Verification conditions, or violate these GTC.
2.7. Chargeback Disputes
Unjustified complaints or disputes regarding fees, lodged by the Customer with their bank or payment service provider (e.g., via chargeback services or dispute resolution), may lead to the Provider ceasing Services, refusing future provision of Services, and considering legal action, at its discretion.
2.8. Option Selection
Your chosen Magical Funding Trading Challenge option applies to subsequent Verification. Parameters and currency corresponding to the selected Challenge option will apply to Verification. Selections are irreversible. Ordering a new Magical Funding Trading Challenge does not impose the restrictions detailed in Section 2.8.
2.9. Fee and Parameter Changes
The Provider may unilaterally modify Service fees, parameters, and completion requirements at any time. Such changes do not affect Services purchased before notice of the modification.
2.10. Order Confirmation
Data provided in the order form may be reviewed, corrected, and modified before submitting the order. The order is confirmed upon order form submission. In the case of the Free Trial, the order is considered complete when confirmation is sent to your email address, finalizing the contract. For the Magical Funding Trading Challenge, the order is finalized upon fee payment for the selected option (see Section 3.4). This payment constitutes the execution of a contract between you and the Provider, covering the Magical Funding Trading Challenge and, if Challenge conditions are met, Verification. The contract is executed in English and archived electronically, without access provided.
2.11. Technical Requirements
You are responsible for obtaining the necessary technical equipment and software, including third-party software (e.g., Trading Platform software), at your expense and risk. While the Website is compatible with commonly used web browsers, internet access, equipment, and web browser purchase and maintenance are your responsibility. The Provider does not guarantee compatibility of Services with specific equipment or software. Additional internet connection fees are not charged by the Provider.
2.12. Third-Party Trading Platforms
Trading platform operators are separate entities from the Provider, and their terms, conditions, and privacy policies apply when using their services and products. You are required to read and understand these terms, conditions, and privacy policies before submitting an order form.
2.13. Unusual Activity
If you place an unusually high number of Service orders in an unreasonably short timeframe, we may issue a protective notice to mitigate potential harmful or impulsive behavior. Continuation of such behavior after notice may result in a suspension of further Service orders. If this behavior is associated with Forbidden Trading Practices, actions outlined in Section 5 may be taken. The Provider reserves the right to determine the nature of the described behavior and reasonable thresholds.
3. PAYMENT CONDITIONS
3.1. Currency and Exchange Rates
Fees for Magical Funding Trading Challenge options are denominated in USD but can also be settled in other currencies as listed on the Website. If payment is made in a different currency than selected on the Website, it will be converted at prevailing exchange rates at the time of payment.
3.2. Tax Responsibilities
Service charges include all applicable taxes. Entrepreneurs (traders) must fulfill all tax obligations related to Services usage in accordance with applicable laws. If obligated, entrepreneurs must remit taxes and fees as required.
3.3. Payment Methods
Payment for your chosen Magical Funding Trading Challenge option can be made using various methods offered on the Website, such as payment cards, bank transfers, or other available means.
3.4. Payment Process
For immediate payments via payment card or express methods, payment is completed instantly. If you opt for bank transfer, you will receive an electronic proforma invoice detailing the fee for your chosen Magical Funding Trading Challenge option as selected on the Website. Payment is due within the timeframe indicated in the proforma invoice. Payment is considered complete once the full fee amount is received in the Provider’s account. Failure to meet payment deadlines may result in order cancellation. Customers are responsible for any fees levied by the chosen payment service provider, as per their prevailing pricing schedule, and must ensure full payment for the selected Magical Funding Trading Challenge.
4. CUSTOMER ACCOUNT
4.1. Single Client Section
Each Customer is allowed only one Client Section, and all of the Customer’s Services must be managed within this Client Section.
4.2. Limits on Challenges and Verifications
The number of Magical Funding Trading Challenges and Verifications within a single Client Section may be restricted based on factors like the total initial capital invested in the products or other relevant parameters. Unless the Provider grants an exception, initial capital amounts cannot be transferred or combined between individual products, nor can performance, Service parameters, data, or any other information be transferred or combined between products.
4.3. Security and Access
Access to the Client Section and Trading Platform is secured by login credentials, which must not be shared with any third party. If a Customer registers as a legal entity, they may authorize their employees or other designated representatives to use the Services through the Customer’s Client Section. The Customer is accountable for all actions performed through their Client Section or Trading Platform. The Provider bears no responsibility, and the Customer is not entitled to compensation, for any misuse of the Client Section, Trading Platform, or any aspect of the Services, even if such misuse is due to actions taken by the Customer.
4.4. Service Availability
The Customer acknowledges that the Services may not be accessible at all times, especially during maintenance, upgrades, or other reasons. The Provider is not responsible, and the Customer has no claim to compensation, for any unavailability of the Client Section or Trading Platform or for any loss or damage to data or other content uploaded, transferred, or saved via the Client Section or Trading Platform.
4.5. Cancellation of Client Section
Customers can request the cancellation of their Client Section at any time by emailing [email protected]. Such a request is considered a termination request by the Customer, leading to the cessation of Services use, including access to the Client Section and Trading Platform. Upon receipt of the request, the Provider will promptly confirm via email, terminating the contractual relationship between the Customer and the Provider. In such cases, the Customer is not entitled to a refund of already paid fees or any other incurred costs.
5. DEMO TRADING GUIDELINES
5.1. Conducting Demo Trades
While engaged in demo trading on the Trading Platform, you are free to execute various transactions, as long as they do not involve prohibited trading strategies or practices as defined in clause 5.4. It is also expected that you adhere to established market standards and practices for trading in financial markets, including risk management protocols. Keep in mind that the trading conditions of the selected Trading Platform may impose additional restrictions.
5.2. Data Sharing Consent
You acknowledge that the Provider has access to information pertaining to the demo trades you conduct on the Trading Platform. You hereby grant the Provider your consent to share this information with individuals or entities within the Provider’s corporate group or those otherwise affiliated with the Provider. Furthermore, you provide the Provider and these associated individuals/entities with your consent and authorization to use this information at their discretion. You understand that these actions may occur automatically without requiring any additional consent, consultation, or approval on your part. You also acknowledge that you are not entitled to any compensation or revenue related to the utilization of this data by the Provider. It is important to note that your demo trading on the Trading Platform can be halted by you at any time.
5.3. Provider’s Limited Responsibility
The Provider assumes no responsibility for the accuracy of the information displayed on the Trading Platform or for any disruptions, delays, or inaccuracies in the market data presented through your Client Section.
5.4. FORBIDDEN TRADING PRACTICES
5.1. Prohibited Activities During Demo Trading
While engaging in demo trading, the following actions are strictly prohibited:
a) Using trading strategies, whether knowingly or unknowingly, that exploit service errors, such as pricing inaccuracies or delays in their updates. (This restriction will not apply during the evaluation stage if Magical Funding enables all forms of EAs. Currently, all forms of EA’s are enabled during the evaluation stage.) b) Executing trades using external or slow data feeds. (This restriction will not apply during the evaluation stage if Magical Funding enables all forms of EAs.) c) Conducting trades with the intent of manipulating the trading process. This includes entering into opposing positions simultaneously, whether individually or in coordination with other parties, including connected accounts or accounts held with different Magical Funding entities. d) Executing trades that violate the terms and conditions of the provider and the trading platform. e) Employing software, artificial intelligence, ultra-high-speed methods, or mass data entry techniques that may manipulate, abuse, or provide an unfair advantage when using our systems or services. f) Engaging in any trading activities that contradict standard trading practices in the Forex market or any other financial market. This also applies to practices that reasonably raise concerns about potential financial or other harm to the provider.
5.2. Adherence to Risk Management Rules
Furthermore, the Customer must not exploit the Services by disregarding standard risk management rules for trading in financial markets. This includes practices such as (i) opening significantly larger position sizes compared to other trades, whether on this or any other Customer account, or (ii) opening substantially fewer or greater numbers of positions compared to other trades, whether on this or any other Customer account.
The Provider retains the right to determine, at its discretion, whether specific trades, practices, strategies, or situations fall under the category of Forbidden Trading Practices.
5.3. Consequences of Forbidden Trading Practices
Should the Customer engage in any of the Forbidden Trading Practices outlined in clause 5.1: (i) The Provider may consider it a failure to meet the conditions of the specific Magical Funding Trading Challenge or Verification. (ii) The Provider may exclude transactions violating the prohibition from the Customer’s trading history and/or disregard their results in the profit and/or loss calculations for demo trading. (iii) The Provider may choose to immediately terminate all Services provided to the Customer, subsequently ending this Agreement.
5.4. Multiple Account Scenarios
If the Forbidden Trading Practices outlined in clause 5.4 are executed across one or more Magical Funding Trading Challenge and Verification accounts belonging to a single Customer, accounts held by different Customers, or through a combination of Magical Funding Trading Challenge and Verification accounts and Magical Funding Trader accounts, the Provider is entitled to cancel all Services and terminate all related contracts concerning any and all Customer’s Magical Funding Trading Challenge and Verification accounts. The Provider holds the authority to exercise any actions specified in Clauses 5.3 and 5.4 at its discretion.
5.5. Impact on Third-Party Accounts
Should any Magical Funding Trader accounts be implicated in or used for Forbidden Trading Practices, this may constitute a breach of the respective terms and conditions of the Magical Funding Trader account with a third-party provider. Consequently, it may result in the cancellation of such user accounts and the termination of corresponding agreements by the third-party provider.
5.6. Repeated Violations
If the Customer repeatedly engages in the practices outlined in clause 5.1 and has previously received notifications from the Provider regarding such violations, the Provider may restrict the Customer’s access to all Services or specific portions, including the Client Section and Trading Platform, without offering compensation. In such cases, the Customer is not entitled to a refund of any fees paid.
5.7. External Trading Disclaimer
The Provider assumes no responsibility for trading or other investment activities conducted by the Customer outside the scope of the Provider’s services. This includes instances where the Customer uses data or information from the Client Section, Trading Platform, or any other Service-related sources for real trading activities in financial markets. Notably, this exemption extends to situations where the Customer employs the same Trading Platform for demo trading.
5.8. Market Volatility Warning
Financial markets are characterized by frequent and abrupt changes. Trading in financial markets carries inherent risks and may result in significant financial losses. Past performances and profits from a Customer’s demo trading activities do not guarantee or indicate future performance.
6. MAGICAL FUNDING TRADING CHALLENGE
6.1. Activation of Magical Funding Trading Challenge
Upon payment of the fee for the selected option of the Magical Funding Trading Challenge, the Customer will receive relevant login credentials for the Trading Platform at the email address provided during registration or in the Client Section. The Customer activates the Magical Funding Trading Challenge by initiating the first demo trade on the Trading Platform.
For consumers, it’s important to note that by initiating the first demo trade, you explicitly request the provider to commence the services before the withdrawal period expires. This affects your right to withdraw from the contract, as detailed in clause 12.
Failure to activate the Magical Funding Trading Challenge within 30 calendar days from the date it becomes available results in suspension of access. You may request access renewal through the Client Section or by emailing [email protected] within 6 months of the initial suspension. Otherwise, we will terminate the provision of Services without the right to a fee refund. The Magical Funding Trading Challenge remains active for 30 calendar days upon activation but has no specific time limit as long as the trader remains actively engaged in the operation while working towards completing the parameters.
6.2. Conditions for Successful Magical Funding Trading Challenge
To successfully complete the Magical Funding Trading Challenge, the Customer must meet all of the following parameters by the end of the Challenge:
6.2.1. Daily Demotrade Requirement: The Customer must open at least one demo trade on each calendar day before achieving the profit targets.
6.2.2. Loss Limitation: Throughout the Magical Funding Trading Challenge, the Customer should not incur losses on any demo trades that exceed a certain percentage of the initial capital for the respective option. The specified limit is as follows:
- Magical Funding Trading Challenge: A daily loss not exceeding 4% of the account balance or the highest equity point on a given trading day.
6.2.3. Aggregate Loss Limitation: The Customer must not accumulate losses on closed demo transactions that exceed a certain percentage of the initial capital for the respective option. The specified limit is as follows:
- Magical Funding Trading Challenge: A total loss not exceeding 8% of the balance (trailable to all balance sizes) or the highest equity point on a given trading day.
6.2.4. Profit Requirement: Throughout the Magical Funding Trading Challenge, the Customer must achieve an overall profit on all closed demo trades, amounting to at least a certain percentage of the initial capital for the respective option. The specified requirement is as follows:
- Magical Funding Trading Challenge: An overall profit of at least 10% of the initial capital.
Detailed explanations of these parameters can be found on the website www.magical-funding.com and in the Client Section.
6.3. Evaluation and Success
Upon meeting the conditions outlined in clause 6.2 and not violating these GTC, specifically the rules of demo trading in clause 5.4, the Provider will deem the Magical Funding Trading Challenge as successful. The Provider will then grant access to the Funded Stage by sending login details to the Customer’s email address or via the Client Section. The Customer may request the evaluation of the Magical Funding Trading Challenge at any time by sending a request to [email protected] or through the Client Section. The Provider is not obligated to evaluate the Magical Funding Trading Challenge if the Customer has not closed all trades.
Upon meeting the aforementioned conditions, the Provider will evaluate the Verification as successful and recommend the Customer as a candidate for the Magical Funding Trader program (Funded).
6.8. No Guarantee of Acceptance
Provider’s recommendation of the Customer as a candidate for the Magical Funding Trader Program does not guarantee acceptance into the program. The Provider is not responsible for the Customer’s rejection by the Magical Funding Trader Program, whether for specific reasons or without cause.
7. MAGICAL FUNDING TRADER
Upon successful completion of the evaluation stage, the Customer may receive an offer from a third-party company, at its sole discretion, to participate in the Magical Funding Trader Program (Funded Stage). The specific terms, conditions, and agreement governing the relationship between the Customer and the third-party company are entirely independent and exist solely between the Customer and the third-party company. Magical Trading Solutions LLC (United States) plays no role in the agreement, whether in its execution or absence, between the Customer and the third-party company.
This contract between the Customer and the third-party company will provide comprehensive details regarding the operations and terms of the funding stage. We and our associates retain the right to refuse or cancel service, terminate accounts, or modify or delete content at our sole discretion.
You explicitly agree that our Services are intended solely for the Client’s use, meaning that only the Client is authorized to access their Magical accounts and execute trades. You must not grant access to your account to any third-party individuals, whether private individuals or professionals, nor are you permitted to access third-party accounts.
8. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
8.1. Ownership and Limited Usage Rights: The Website, Services, and all associated Content, including the Client Section, encompassing text, graphics, designs, icons, images, audio, video, and any other elements (collectively referred to as “Content”), are protected by copyright and other applicable laws, and are either owned by the Provider or licensed to the Provider. The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable permission to use the Content solely for personal use in accordance with the intended purpose of the Services. The Content is not sold or transferred to you and remains the property of the Provider or its licensors.
8.2. Trademarks and Designations: All trademarks, logos, trade names, and other identifying marks are the property of the Provider or its licensors, and you are not authorized to use them.
8.3. Fair Dealing and Dispute Resolution: Both you and the Provider commit to conduct yourselves in accordance with the principles of fair dealing when performing the contract and during mutual negotiations. This includes refraining from harming the good reputation and legitimate interests of the other party. Any potential disagreements or disputes between you and the Provider will be resolved in accordance with these GTC and applicable laws.
8.4. Limited Rights: Except for the expressly stated rights in these GTC, the Provider does not grant you any other rights related to the Services and Content. Your use of the Services and Content must comply with these GTC.
8.5. Prohibited Actions: When accessing the Services and Content, the following actions are prohibited:
8.5.1. Using any tools that could disrupt the operation of the Website and Services or exploit errors, bugs, or other deficiencies;
8.5.2. Circumventing geographical or technical restrictions;
8.5.3. Making copies or backups of the Website and Content;
8.5.4. Reverse-engineering, decompiling, disassembling, or otherwise altering the Website and Content;
8.5.5. Selling, renting, lending, licensing, distributing, reproducing, broadcasting, streaming, or using the Services or Content in any unauthorized manner;
8.5.6. Using automated methods to access, display, or collect information from the Website or Services; and
8.5.7. Employing any tools or methods that could cause harm to the Provider.
8.6. Consumer Rights: The provisions in clause 8 do not intend to negate any consumer rights that are protected by law and cannot be excluded.
9. DISCLAIMER
9.1. Service “As Is”: You acknowledge that the services and other content are provided “as is,” complete with any errors, defects, or shortcomings. Your use of these services is solely at your own responsibility and risk. To the fullest extent permitted by mandatory laws, the Provider disclaims all warranties, whether statutory, contractual, express, or implied, including but not limited to warranties of quality, merchantability, fitness for a particular purpose, or non-infringement of rights.
9.2. Limitation of Liability: To the extent allowed by mandatory provisions of applicable laws, the Provider shall not be held liable for any harm, including indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, lost profits, data loss, personal or non-monetary harm, or property damage arising from the use of the services or reliance on any tool, functionality, information, or other content related to the services or found elsewhere on the website. Additionally, the Provider is not responsible for any third-party products, services, applications, or content that you use in conjunction with the services. In cases where the Provider’s liability is established concerning the operation of the website or the provision of services by a court of law or competent authority, the liability shall be limited to an amount equal to the fee paid by you for the services associated with the loss incurred.
9.3. Service Modification: The Provider retains the right to modify, replace, add, remove, or change any elements and features of the Services at any time without any obligation to provide compensation.
9.4. Exceptional Circumstances: The Provider shall not be held accountable for any failure to deliver the purchased Services in instances beyond its control, such as serious technical or operational issues, crises, natural disasters, wars, uprisings, pandemics, threats to a large number of people, force majeure events, or obligations imposed by law or government decisions that prevent the provision of Services.
9.5. Protection of Rights: The provisions in Clause 9 are not designed to diminish any consumer or other rights that are safeguarded by law and cannot be excluded.
10. COMMUNICATION
10.1. Communication Channels: You recognize that all communication related to the provision of Services by the Provider or its partners will be conducted through the Client Section or the email address you have registered with us. It’s important to note that written electronic communication, whether via email, Live Chat, or through the Client Section, is considered as formal written communication.
10.2. Contact Information: Our designated contact email address is [email protected], and our physical address for correspondence is West Ln 176, New York, 10002, United States.
11. VIOLATION OF THE GTC
11.1. Consequences of Violation: In the event that the customer breaches any provision of these GTC in a manner that could potentially harm the provider, including situations such as accessing the services in violation of clause 1.3, providing incomplete, false, or outdated information contrary to clause 2.3, engaging in actions that could tarnish the reputation of the provider, violating the rules of demo trading as outlined in clause 5.4, acting in contravention of clause 8.3, and/or engaging in any of the activities mentioned in clause 8.5, the provider reserves the right to take action. This action may include preventing the customer from ordering any further services and, either fully or partially, restricting the customer’s access to all or specific services. Such restrictions may encompass access to the client section and trading platform, and these actions may be taken without prior notice and without any form of compensation.
12. RIGHT TO WITHDRAW FROM A CONTRACT
12.1. Consumer’s Right to Withdraw: If you are a consumer, you possess the right to withdraw from a contract within 14 days of its execution without providing any specific reason (please refer to clause 2.10 for information regarding the execution of the agreement). It’s important to note that if you commence demo trades before this specified time limit expires, your right to withdraw from the contract will be forfeited.
12.2. Withdrawal Process: To exercise your right to withdraw from the contract, you must communicate your withdrawal to us via our email address [email protected] within the designated time frame. We will promptly acknowledge the receipt of your withdrawal in written form without any undue delay. Upon your withdrawal from the contract, we will refund all fees received from you within 14 days from the date of your withdrawal, utilizing the same payment method you initially used.
12.3. Provider’s Right to Withdraw: In the event of any breach by the Customer as specified in Clause 10, the Provider reserves the right to promptly withdraw from the Contract.
13. DEFECTIVE PERFORMANCES
13.1. Non-Conforming Services: In the event that the Services do not align with the agreed terms or have not been delivered as expected, you retain the right to assert your entitlements concerning non-conforming services. Please note that the Provider does not furnish any guarantee regarding the quality of the services. It is essential to promptly inform us of any such discrepancy by contacting us via email at the address provided in clause 11.2. While asserting your rights due to non-conforming services, you may request that we rectify the issue or offer you a reasonable discount. If rectification is infeasible, you hold the option to terminate the contract or request an appropriate discount.
13.2. Prompt Resolution of Complaints: We will make every effort to address any complaints you submit in a timely manner, ensuring a resolution within 30 calendar days at the latest. We will also provide written confirmation of the receipt and resolution of your complaint. If we are unable to resolve the complaint within the stipulated time frame, you reserve the right to terminate the contract. To initiate a complaint, please send an email to our designated email address: [email protected].
14. AMENDMENTS TO THE GTC
14.1. Modification Authority: The Provider retains the authority to amend these General Terms and Conditions (GTC) at any time, and such modifications will take immediate effect for new customers and fresh orders of the Services placed by existing Customers. For existing Customers, the Provider will communicate any GTC changes through the Client Section or via email. It’s important to note that the terms and conditions applicable to the Magical Funding Trading Challenge and its subsequent funded stage shall align with the version of the GTC that was in force at the time the respective Magical Funding Trading Challenge was initially requested.
15. ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS
15.1. Customer Satisfaction: Our primary goal is to ensure our customers’ satisfaction with the services provided by Magical Trading Solutions LLC. Therefore, if you have any complaints or suggestions, we are committed to resolving them directly with you. You can reach out to us via email or at the address provided in clause 11.2. Additionally, we offer live chat support on our website.
15.2. EU Resident Consumer Dispute Resolution: This section applies exclusively to consumers who are residents of the European Union. In the event of a dispute, you may utilize the services of the Dallas County Dispute Resolution Consumer Center for Alternative Dispute Resolution, which is headquartered at Kyriakou Matsi 16, Nicosia, Nicosia, United States. Furthermore, you have the option to utilize the online dispute resolution platform available at the following website: https://www.ec.europa.eu/consumers/odr.
16. APPLICABLE LAW AND JURISDICTION
16.1. Governing Law: All legal relationships arising from these GTC, as well as any associated non-contractual legal relationships, shall be subject to the laws of the United States of America. Any disputes arising from these GTC and/or related agreements shall be under the jurisdiction of the United States court with local jurisdiction based on the registered office of the Provider.
16.2. Consumer Protections: Please note that the provisions outlined in clause 16.1 do not diminish the legal protections granted to consumers by mandatory laws within their respective European Union Member State or any other jurisdiction.
17. CONCLUDING PROVISIONS
17.1. No Adoption of Consumer Codes: The Provider has not endorsed any specific consumer codes of conduct.
17.2. Entire Agreement: These GTC constitute the comprehensive terms and conditions mutually agreed upon between you and the Provider, supplanting all prior agreements, whether oral or written, concerning the subject matter contained herein.
17.3. Reservation of Legal Claims: Nothing within these GTC is intended to restrict any legal claims explicitly outlined elsewhere in these GTC or derived from applicable laws. The failure of the Provider or any duly authorized third party to enforce compliance with these GTC shall not, in any manner, be construed as a waiver of any rights or claims.
17.4. Assignment of Claims: The Provider retains the right to assign any claims arising from these GTC or any agreements to a third party without requiring your consent. You acknowledge that the Provider may transfer its rights and obligations under these GTC or any agreement, in whole or in part, to a third party as the assignor. However, you are not authorized to transfer or assign your rights, obligations, or any receivables arising from these GTC or any agreements, either in whole or in part, to any third party.
17.5. Invalid Provisions: If any provision within the GTC is found to be invalid or ineffective, it shall be replaced by a provision with the closest possible meaning to the invalidated provision. The invalidity or ineffectiveness of one provision shall not impact the validity of other provisions. Any prior or future practices established between the parties, industry customs, or customary practices not expressly referenced in the GTC shall not be applied. No rights and obligations shall be derived from such practices, and they shall not be considered when interpreting the intentions of the parties.
17.6. Schedules as Integral Parts: The schedules attached to the GTC are integral components of the GTC. In the event of any inconsistencies between the main text of the GTC and any attached schedule, the main text of the GTC shall prevail.
17.7. Risk Assessment: Prior to mutually accepting these GTC, both parties have diligently assessed the potential risks associated with them and have willingly assumed those risks.
18. DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED
18.1. Definitions: For the purpose of these GTC, the following definitions shall apply:
18.1.1. Client Section: Refers to the user interface located on the Website.
18.1.2. Content: Encompasses the Website and all Services, including the Client Section, comprising their appearance, applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may constitute the Website and the Services (as specified in clause 8.1).
18.1.3. Customer: Denotes the user of the Services (as outlined in clause 1.1).
18.1.4. Magical Trading Challenge & 1-Step Funding Evaluation: Refers to trading accounts associated with trading education courses offered as part of the Services by the Provider.
18.1.5. Magical Funding Trader account: Signifies a trading account linked to the Magical Funding Trader program provided by a third-party provider.
18.1.6. Forbidden Trading Practices: Corresponds to trading practices strictly prohibited, unless otherwise indicated on our website, while utilizing our Services, and are further detailed in Section 5.4 of these GTC.
18.1.7. GTC: Represents these General Terms and Conditions of Magical Trading Solutions LLC.
18.1.8. Provider: Designates the provider of specific Services (as expounded in clause 1.1).
18.1.9. Schedules: Comprises Schedule 1 and any other applicable Schedules, which are integral components of these GTC.
18.1.10. Services: Encompasses the services provided by the Provider, as outlined in clauses 1.1 and 1.4.
18.1.11. Trading Platform: Denotes an electronic interface furnished by a third party, wherein the Customer engages in demo trading.
18.1.12. Website: Signifies the website www.magical-funding.com and its subdomains.
18.2. Expressions and Abbreviations: For the purpose of these GTC and their accompanying schedules, the following expressions and abbreviations shall be interpreted as follows:
18.2.1. Calendar Day: Denotes the period from midnight to midnight, in accordance with the prevailing time zone in the United States (Eastern European Summer Time, EEST).
18.2.2. Initial Capital: Refers to a hypothetical amount selected by the Customer when opting for the Magical Funding Trading Challenge, which the Customer will employ for demo trading.
18.2.3. EUR: Represents the euro currency.
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© Magical Funding. All Rights Reserved.
DISCLAIMER: All content available on our website is exclusively intended for educational purposes related to trading in financial markets. Therefore, we do not offer financial, investment, tax, or brokerage guidance. Engaging in forex trading involves a high level of risk, and past performance is not indicative of future outcomes. It is crucial to avoid risking more than you can comfortably afford to lose. Please be aware that purchases of evaluations should not be construed as deposits. The information provided on this website should not be used in violation of any local laws or regulations. It’s important to note that Magical Funding does not operate as a broker, and any payments made are considered participation fees for our demo evaluations. Magical Funding is a registered entity in New York, USA, and adheres to all applicable laws and regulations mandated by local and federal authorities.