Legal
These Room Terms govern your access to and use of TC Rooms, operated by TC Services L.L.C-FZ. Please read them before creating or joining a Room.
1.1
These TC Rooms Terms of Use (the “Room Terms”) govern your access to and use of the TC Rooms feature (“TC Rooms”) operated by TC Services L.L.C-FZ, Company No. 2536413, whose registered address is Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E. (“TC Rooms”, “we”, “us”, “our”), on behalf of, the operator of tradersconnect.com (“Traders Connect”). These terms supplement, and form part of, the general Terms of Use for tradersconnect.com. Where there is a conflict in relation to TC Rooms, these Room Terms prevail.
1.2
By creating, joining, taking a seat in, following or otherwise using a TC Room, you confirm that you have read, understood and agree to these Room Terms. If you do not agree, do not use TC Rooms.
1.3
Please read clauses 6 (No advice), 7 (Risk warnings), 11 (Release), 12 (Indemnity) and 13 (Limitation of liability) carefully, as they limit our liability and allocate risk to you.
3.1
TC Rooms is a technology and connectivity service. It provides the underlying software that allows Room Managers to host communities and allows Room Members, entirely at their own election, to receive and follow published trading strategies from their Room Manager into their own Connected Broker accounts, at their own discretion.
3.2
We provide the Services on a licensed, non-exclusive, non-transferable basis. We remain the owner of the Services and the software at all times; we do not sell them to you.
3.3
We are not, and do not act as: a broker or dealer; an investment adviser or financial adviser; a portfolio, fund, asset or investment manager; a Room Manager; or a provider of any trading venue or execution service. We do not hold, receive or control your money or your positions, and we do not execute trades. All orders resulting from Copying are executed by, and any transaction is entered into with, your Connected Broker as a third party.
3.4
The Services are a trading aid intended to be used under your own regular supervision. They are not an autonomous system that operates without your monitoring, and they are not a recommendation to trade or to use any Room or Room Manager.
4.1
TC Rooms involves independent parties. The relationship between you and us is limited to the provision and use of the Services. The relationship concerning any community, strategy, or decision to Copy is between the Room Member and the relevant Room Manager.
4.2
Room Managers are independent third parties. They are not employed, appointed, controlled, supervised, endorsed or authorised by us. Nothing in TC Rooms creates any partnership, joint venture, agency, fiduciary or advisory relationship between us and any Room Member or Room Manager.
4.3
We do not vet, verify, endorse, guarantee or assume responsibility for any Room Manager, strategy, statement, track record or communication made available in or through a TC Room. Any due diligence we perform for onboarding, identity, sanctions or fraud-prevention purposes is for our own compliance and does not amount to approval, a recommendation, or a view on the merits, quality or suitability of any Room, or strategy.
5.1
You alone decide whether to join a Room, whether to follow or copy any Room Manager, and on what settings (including position sizing, risk limits, and instruments). You configure, pause and stop Copying at any time through your account.
5.2
We exercise no discretion over your trading. We do not select, choose, rank by performance, recommend, curate or advise on any Room, Room Manager, or trading activity, and we do not decide whether you should copy any of them. We do not review or approve trading activity before it can be, or is, copied.
5.3
Once a trade is copied in accordance with your settings, the resulting order is transmitted to your Connected Broker for execution. You accept that a copied order may be executed even though you have not separately approved that individual order, because you have pre-authorised Copying through your settings. You are responsible for those settings and for monitoring the results.
5.4
Any directory, search, list or display of Rooms or Room Managers we make available is provided as neutral, factual information only (for example identifiers, categories, or numbers of Members). It is not a ranking, endorsement or recommendation, and must not be relied upon as one. Where performance or statistical information is displayed, it originates from the Room Manager or from account data, and we do not verify or guarantee it.
6.1
Nothing we provide is investment, financial, legal, tax or trading advice, a personal recommendation, or an invitation or inducement to enter into any transaction. No Room content, chat message, statistic or communication available through TC Rooms should be regarded by you as advice or a recommendation from us.
6.2
You acknowledge that you have not been solicited, advised or marketed to by us in relation to any Room, Room Manager, strategy or trade, that you have sought out and use the Services on your own exclusive initiative, and that you are not acting on behalf of any other person unless you have told us and we have agreed in writing.
6.3
You are solely and exclusively responsible for deciding whether any Room, strategy, instrument or trade is appropriate and suitable for you, having regard to your own objectives, circumstances, experience and financial situation, and you should take independent professional advice where appropriate. You should conduct your own research and not assume that any Room Manager is unbiased, independent, qualified or licensed.
7.1
Trading carries a high level of risk and is not suitable for everyone. Leveraged products such as spread bets, contracts for difference (CFDs) and foreign exchange (FX) are complex instruments and come with a high risk of losing money rapidly due to leverage. You can lose some, all or (with certain products) more than the money you put in.
7.2
Copying magnifies these risks: it is automated and takes place without your manual intervention on each trade, and your results may differ materially, and may be worse, than those of the Room Manager or other Members, because of latency, spreads, fees, slippage, your account balance and settings, the timing of your connection, and the behaviour of your Connected Broker.
7.3
Past performance and hypothetical or simulated performance are not reliable indicators of future results. No representation is made that any account will or is likely to achieve profits or losses similar to any figure shown.
7.4
You are responsible for implementing appropriate monitoring of your account and open positions, including to detect issues arising from partial or complete system failures, and for setting your own risk controls.
8.1
You confirm that you are legally permitted to use TC Rooms and to trade the relevant instruments in your jurisdiction, that doing so does not breach any law applicable to you, and that you are responsible for your own compliance with all laws, regulations and tax obligations that apply to you.
8.2
Certain uses of copy-trading technology may require authorisation or registration in some jurisdictions. It is your responsibility to satisfy yourself of, and to comply with, any such requirements. We make no representation that TC Rooms, or any Room, is appropriate or available for use in any particular jurisdiction.
8.3
We may impose eligibility limits, restrict access from particular jurisdictions, or require information for identity, sanctions, anti-money-laundering or other compliance purposes, and may suspend or refuse access on those grounds.
9.1
If you act as a Room Manager, you warrant and agree that:
(a)
you hold all licences, authorisations and registrations that your activity requires, and you will comply with all applicable laws (including financial-promotion, advice, and marketing rules);
(b)
you will not, through TC Rooms, provide personal recommendations or investment advice, manage any Room Member’s account on a discretionary basis, or hold or receive Room Member money;
(c)
your content, statements, track records and performance figures are accurate, not misleading, and include any risk warnings required by law;
(d)
you are solely responsible for your relationship with, and any representations you make to, your Room Members;
(e)
you indemnify us for your conduct on the terms of clause 12; and
(f)
you set, invoice and collect any charge you make to Room Members for access to your Room, community or strategy entirely outside TC Rooms and outside our systems and ecosystem, and will not route, or attempt to route, any such charge through us or the Services.
9.2
We may suspend, restrict or remove any Room, Room Manager or content, where we reasonably consider it necessary to comply with law, protect users or protect the integrity or security of the Services. Exercising (or not exercising) this right does not make us responsible for monitoring Rooms or the merits of any trading activity, and we do not undertake to do so.
10.1
To use Copying you authorise us to connect to your Connected Broker account using the credentials or authorisations you provide, solely to transmit orders in accordance with your settings. Your relationship with your Connected Broker is governed by your agreement with them; we are not a party to it and are not responsible for their acts, omissions, pricing, execution, liquidity, solvency or charges.
10.2
We do not guarantee that the Services will be uninterrupted, error-free, timely or available at any particular time. We may suspend, withdraw or change all or part of the Services, and perform maintenance, with or without notice.
10.3
We are not liable for failures, delays, latency, inaccuracies or losses arising from matters outside our reasonable control, including internet, connectivity, hardware, third-party software, market data, Connected Brokers, trading venues, or the acts of Room Managers.
10.4
Placing a stop-loss or take-profit through the Services does not guarantee execution at the requested price; on activation such orders are filled at the first or best available market price, which may differ.
11.1
To the fullest extent permitted by law, you release us, our affiliates and our and their directors, officers, employees and agents from any and all liability, claims and losses arising out of or in connection with: (a) any trading activity, strategy, content, statement, act, omission, decision or practice of any Room Manager; (b) your decision to join a Room or to follow or copy any Room Manager; and (c) the results of any Copying or trade in your account.
11.2
Your remedy in respect of the matters in clause 11.1 lies against the relevant Room Manager or Connected Broker, and not against us.
12.1
You agree to defend, indemnify and hold harmless us and our affiliates (and our and their directors, officers, employees and agents) from and against all losses, claims, proceedings, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of TC Rooms; (b) your breach of these Room Terms or of any applicable law or regulation; (c) any trading activity, content or conduct by you (where you act as a Room Manager); and (d) any false, inaccurate or misleading information you provide.
12.2
This indemnity is in addition to, and does not limit, any other indemnity you give us, and it continues after these Room Terms end.
13.1
Nothing in these Room Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for our fraud or fraudulent misrepresentation.
13.2
Subject to clause 13.1, we have no liability to you for any loss or damage arising out of or in connection with TC Rooms.
13.3
Subject to clause 13.1, we are not liable for: (a) any indirect or consequential loss; (b) loss of profit, revenue, anticipated savings, business, goodwill or opportunity; (c) any trading loss or loss of investment; or (d) loss or corruption of data.
13.4
Subject to clause 13.1, our total aggregate liability to you arising out of or in connection with TC Rooms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees you paid to us for TC Rooms in the 1 month immediately before the event giving rise to the claim.
13.5
If you use TC Rooms for any business or commercial purpose, we have no liability for loss of profit, loss of business, business interruption or loss of business opportunity.
14.1
Our fees for TC Rooms are set out on tradersconnect.com and may change on notice. Fees are payable in accordance with our general Terms of Use. Where you act as a Room Manager, our charges to you are levied on a per-seat basis and cover the infrastructure, running costs and technology services we provide.
14.2
Any fee, subscription, markup or other charge that a Room Manager applies for access to their Room or strategy is a matter solely between the Room Manager and the Member. We do not set, collect, receive, hold, process or handle any such amount, and we do not do so on behalf of any Room Manager, nor do we act as payment agent, facilitator or intermediary in relation to it. Any such charge, and any arrangement, invoicing or payment relating to it, is agreed, collected and settled by the Room Manager entirely outside TC Rooms and outside our systems and ecosystem. We are not a party to that arrangement, we do not guarantee it, and we are not responsible for the value, quality or delivery of anything a Member pays for other than our own Services. Our own fees for TC Rooms under clause 14.1 are separate and are the only amounts we charge you.
14.3
Fees are non-refundable.
15.1
You must not use TC Rooms to break the law, to publish false or misleading statements or performance figures, to provide unlicensed advice or financial promotions, to solicit or handle other users’ money, to infringe others’ rights, or to introduce malicious code or attempt unauthorised access.
15.2
Room Managers are responsible for their own content. We do not endorse it, are not obliged to monitor it, and may remove content or suspend access for breach of this clause. You grant us a licence to host and transmit your content solely to operate the Services.
16.1
You may stop using TC Rooms and close or disconnect at any time. You remain responsible for your account, positions and settings from the moment you stop, and termination does not affect transactions already executed.
16.2
We may suspend or end your access to TC Rooms in accordance with our general Terms of Use, including on notice, or immediately for breach, legal or regulatory reasons, or suspected fraud or misuse.
16.3
We may change these Room Terms in accordance with our general Terms of Use. Your continued use of TC Rooms after changes take effect confirms your acceptance.
17.1
If any provision of these Room Terms is found unlawful or unenforceable, the remaining provisions continue in full force. Our failure to enforce a right is not a waiver of it.
17.2
You may not transfer your rights or obligations under these Room Terms without our written consent. We may transfer, assign or novate ours. No one other than you and us has any right to enforce these Room Terms.
17.3
These Room Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. The parties submit to the exclusive jurisdiction of the Courts of Dubai, United Arab Emirates.
By ticking “I agree” and using TC Rooms, I confirm that: