The original of this agreement is written in English; to the extent that any translated version of this agreement conflicts with the English version, the English version shall prevail.

These are the terms and conditions which govern your access to and use of the Fantasy Day Trader (“FDT”) and site (the “Site”). It is provided by JAK Enterprises Limited, CFC Wireless Limited or one of its other Group Companies (together “JAK”, “us”, “we”, or “our”). By accessing or using this Site you are agreeing to be bound by these terms and conditions, and agree to be bound by them, and by any decisions by us in respect of the operation of the Site and/or FDT from time to time.

Do not attempt to access or use the Site if you do not agree to be so bound. Terms and Conditions for use of Fantasy Day Trader (the “App”) can be found within the respective application. Defined words shall be as expressly defined in these terms and conditions.

FDT – Summary

FDT is a suite of simulated trading games based upon the provision of real-time and delayed financial information, permitting the player to effect simulated trades on stocks, currencies, commodities and other financial instruments. You may play FDT upon subscription, and with the opportunity to win a prize. The nature of any game, subscription payable (if any), prize, or particular rules in place from to time, will be displayed on the Site or within these terms and conditions as may be amended. Games will be a combination of an hourly, daily (22 hour) or weekly game and occasional one-off games.

Privacy Policy

This privacy policy governs how we treat any data that we collect from you.

We make every effort to protect your privacy and to keep your personal data confidential and secure. We can be contacted by e-mail at support@fantasydaytrader.com if you have any questions, comments or requests regarding this privacy policy or your personal data. This policy (together with our Site and App) and any other agreements set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Personal information which we may collect about you:

You may provide information voluntarily to us or a designated service provider at the time of registering to use the Site and/or App, subscription information for FDT (including, without limitation, name, address, e-mail and credit card details). If you contact us, we may keep a record of that contact. We may also keep a record and details of transactions you carry out through the Site and/or App, of your visits to the Site, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for subscription purposes or otherwise, and the resources that you access whilst on the Site. We may also ask you for information if you report a problem or fault with the Site or the App.

When you use the instant messaging service, we may additionally record information about your usage, the size of your contact list and any contacts you communicate with, the size and frequency of data transfers and any information displayed or clicked on the instant messaging interface. You may also choose to store the contents of text or messages.

We or a designated service provider may also collect information about your computer and communications equipment, including your IP address, website usage, operating system and browser type, for ease of system administration. This is done using "cookies" or similar electronic tools. Cookies contain information that is transferred to your computer's hard drive. You may refuse to accept cookies by activating the relevant setting on your browser. However, note if you select this setting you may be unable to access certain parts of the Site or the App.

Unless you have adjusted your browser setting so that it will refuse cookies, our system will automatically issue cookies when you log on to the Site and/or App.

Storing your data:

The data we collect from you may be transferred to, and stored inside or outside the European Union, the USA or Asia. It may also be processed by our employees or our designated service providers. This transfer, storage and processing is for the purpose of administering your account or the provision of products and services which you have requested. By submitting your personal data, you agree to this transfer, storing and processing.

The transmission of information via the Internet or other telecommunications medium is not completely secure. We cannot therefore guarantee the security of your data and any transmission of that data to us is sent at your own risk. Once we have received your data, we will take all steps reasonably necessary to ensure that it is treated securely and in accordance with this privacy policy.

Use of your data:

We use the personal data held about you: (1) to provide you with information, products or services that you request from us or which we feel may be of interest to you only in relation to information, products or services of our group; (2) to carry out our obligations arising from any contracts entered into between you and us (including, without limitation, administration or service activities in relation to your account); (3) to allow you to participate in interactive features of our App; or (4) to notify you about changes to our App, FDT, terms and conditions, notices or this Site.

You will not receive direct marketing from companies outside our group as a result of giving us your consent under (1) above. If we wish to allow a third party to send you direct marketing at any time we will seek your consent in advance before sharing your personal information with that third party. You may change any personal details held by us at any time by contacting us at support@fantasydaytrader.com. We reserve the right to impose restrictions on such requests, including if required to do so by applicable laws or moral considerations.

Disclosing your data:

We may disclose your personal information to any member of our group, which means subsidiaries, affiliates or ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985 (the "Act").

We will only disclose your personal information to third parties in the event that: (1) we sell any business or assets, in which case we may disclose your personal data to a prospective buyer of such business or assets; (2) our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; (3) we are required to disclose your personal data in order to comply with any legal obligation, or to enforce its terms and conditions of use, or to protect the rights, property, or safety of our employees, shareholders, directors, customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Note that further use and/or disclosure of your personal information by any third party provider is not the responsibility of us. Such use and/or disclosure will be governed by that provider's own privacy policy.

Linking:

The Site may, from time to time, contain links to and from the websites of our partners, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Security:

We use reasonable administrative, technical, personnel and physical measures to safeguard your personal information from any unauthorized access, use or disclosure and to ensure its security and confidentiality. You are responsible for maintaining the security and confidentiality of your username and password.

Access:

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Updates:

The information in this notice reflects our current privacy policy. Any updates or amendments we may make will be posted on this page and, where appropriate, will be notified to you by e-mail.

FDT – Rules

Rules for each game, your obligation to register, and the placing and viewing of your trades are as set out on the Site and/or the App. Similarly, you will find on the Site and/or the App the terms from time to time relating to leaderboards and the prizes to be awarded. In addition to any rules and terms set out therein, the following shall apply: Potential winners may be announced by us on the Site, the App, or elsewhere in the pursuit of our marketing of FDT.

A winner will be the person who, in our reasonable but absolute discretion, generates the highest absolute gain in the value of their account at the end of the period of the game in question. In calculating net proceeds, we will look at the profit of your trades as at the close of the game.

FDT – Trading

The App will make available all shares, currencies, commodities, indexes and other financial instruments that are eligible for trading, as each is provided either in real-time or delayed time. Limit orders, Market orders and Stop orders are permitted as is short selling. We reserve the right to suspend trading in certain instruments where we reasonably consider (in our absolute discretion) there to be unusual trading situations, computer system errors or situations beyond our control.

All trades shall be priced and executed in US$, irrespective of whether they are actually priced in another currency, based upon the exchange rate provided by JAK on the day of the game.

A maximum trade limit may be applied in any single instrument in certain games. If you submit a trade and your FDT account does not have enough available virtual cash or exceeds the maximum limit, your order will be rejected. You will only be able to make further trades in that instrument by reducing your position first.

If you submit a trade that we reasonably deem (in our absolute discretion) inappropriate or in any way not in compliance with these terms and conditions, such trade will not be processed.

At the end of the game period all open positions will be closed at the Settlement price or currently available market price.

How to execute a trade:

Trades are entered in the App by clicking on the Submit button in the Buy or Sell Order ticket after entering a price or size of transaction volume.

Margin:

Margins are applied to trades on currencies, commodities, indexes and may be applied to other financial instruments. Please contact support@fantasydaytrader.com if you want to know more about the margins applied.

Brokerage:

For simplicity, brokerage fees are not incurred as part of FDT.

FDT – Pricing of Trades

Trades are priced and executed on real-time or delayed prices (which may include end-of-day prices) as reported in the App and based on pricing information provided to us by the relevant exchange or bank/broker via SIX Financial Information UK Ltd, an independent data provider. The price you receive for a particular trade may be higher or lower than the price indicated on the App at the time you enter the trade, for various reasons including whether the feed is delayed. For purposes of FDT, the price of each trade is the price determined by SIX Financial Information UK Ltd data feeds. The official time for all trades will be determined in accordance with the exchanges’ clock. Trades executed on delayed prices are filled/completed “x” minutes after execution, “x” being the delay on the feed.

Pricing is updated continuously. However the frequency can be set to manually refresh from within the App. Neither us, SIX Financial Information UK Ltd or the various exchanges or banks/brokers that provide prices are responsible for the accuracy of such data. There is no guarantee that the price at which you buy or sell a trade will match any other price that may be found outside of FDT. All prices are final. You are not permitted to dispute any price at which the trade is executed even if such price resulted from an error in pricing information received from SIX Financial Information UK Ltd.

At the end of a game period, the Settlement price or currently available market price will be used to close out positions. If no price is available from the relevant exchange, bank/broker or SIX Financial Information UK Ltd to use to close a position, the position will be closed using the original price when the position was opened, i.e. there will be no gain or loss.

FDT – Prizes

The potential to win a prize is based upon our calculation of the highest absolute gain in the value of each player’s account during the respective game in question. In the event of a tie, we reserve the right, in our absolute determination, to award a prize equally between winners.

Your ability to win a prize is subject to your continued compliance with these terms and conditions, and any other set out on the Site and/or the App from time to time.

After the conclusion of each FDT game, the winner may be notified in person or by phone, e-mail and/or mail or announced on this Site. If you, as a potential winner, cannot be reached by us after two (2) attempts over a seven (7) day period after the end of the game, we reserve the right to declare you ineligible to win that prize.

You are responsible for any and all taxes and liabilities payable as a result of your winning a prize, and you hereby indemnify us and agree to keep us indemnified against any and all costs, claims, demands, payments, expenses and liabilities in respect thereof.

Prizes are not transferable. We will not agree to issue any cash equivalent for a prize, if that prize is not already a cash prize.

Your Registration Details

By entering your details in the registration process, you are agreeing that we may disclose (where permitted by law) those details on the Site and/or the App, at our discretion, including whether or not you win a prize. 

You agree that any information transmitted to the Site and/or the App in connection with a game is not confidential and may be used in accordance with the terms of our privacy policy. You agree that any and all information that you supply in the registration process is true, accurate and complete.

During registration you will be asked to select a unique password and nickname. Note that your username will be the e-mail address with which you have registered. You must choose an appropriate nickname, as reasonably determined by us in our absolute discretion. This includes, without limitation, names that are or may reasonably be determined to be capable of being, defamatory, racist, obscene, or sexually explicit, whether in English or any other language. Neither may you violate any applicable laws, rules or regulations in so choosing a nickname, whether in respect of a third party’s intellectual property rights or otherwise.

Your password or nickname cannot be changed without our consent.

Our Content and Intellectual Property

All images, names and logos, artwork, music, or graphics, in the Site and/or the App, and/or which identify FDT or us are subject to copyright, design right, trademarks and other intellectual property rights owned by or licensed to JAK (any of the foregoing, an “IP Right”). We retain any and all rights therein and associated therewith, whether in law or equity. You are hereby granted a non-exclusive licence to access and use this Site and/or App in the manner set out by us on the Site and/or the App, and subject at all times to these terms and conditions. Save in respect of such licence, you are not entitled to use any such IP Right, and no licence or right to use is granted or implied.

This Site and/or App, any of the content set out herein, or any part thereof, may not be copied, reproduced, downloaded, marketed, sold or in any material way affected or exploited by you, save in all cases with the prior consent of JAK in the proper pursuance of the use of the Site and/or the App by you.

Nor may you create or amend a derivative work from our Site and/or App content (save where we permit the same for your personal and non-commercial use). You may not use any meta tags using FDT or our name, trademark or design mark without our prior express written consent.

Your Content and Intellectual Property

All of your content that is uploaded, however, is uploaded subject to, and on the basis of, the following rights and obligations: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide and perpetual licence in any intellectual property that is contained in or associated with any of your content that you post on or in connection with your use of the Site and/or App ("Your IP Licence").

We may use Your IP License in any reasonable manner consistent with the FDT business and the services to be supplied to FDT users and customers from time to time, including without limitation to reproduce, distribute, publish, adapt, translate, distribute or create derivative works from, and/or display, disclose, and perform any or all such content, or incorporate any of the same in any works on any media by us or on our behalf.

Our intention is to keep your content secure as described in these terms and conditions, and we need your help to keep it that way. Here are some undertakings and commitments you make to us relating to registering and maintaining the security of your account, and upon which we are relying as representations in entering into these terms and conditions:

• You will not provide any false personal information to us, or create an account for anyone other than yourself without permission;
• If we disable your account, you will not create another one without our permission;
• You will not use your personal account profile for your own commercial gain;
• You will keep your third party contact information and content accurate and up-to-date;
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
• You will not transfer your account to anyone.

Protecting Other Peoples' Rights:

We respect other peoples' rights, and expect you to do the same. You will not upload content or take any action on the Site and/or App that infringes or violates someone else's rights or otherwise violates the law.

We reserve the right to remove any content or information you post on the Site and/or App if we believe that it violates these terms.

When you or we delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time, but will not be available to others unless so requested by law, as this may be used as evidence in a court of law.

Use of the Site, App and FDT

You are entitled to access and use this Site and/or App for your own personal use, but it is not, nor is it represented to be, intended to address your particular concerns or requirements.

Please Note: Read these terms and conditions with particular care as they relate to any actions you may or may not decide to take as a result of accessing or using the Site, App or FDT. If you breach any of the following you will indemnify us and keep us indemnified now and in future against any and all loses, cost, claims, demands and expenses incurred by us as a result thereof. In particular:

Not investment advice:

Your access to or use of this Site and/or App, or any part or aspect of FDT, or any content therein, does not, and is not intended to, constitute any form of advice, representation, or recommendation by us. You cannot rely on anything expressly or impliedly provided as part of the content of the Site and/or App or any aspect of FDT, or which may be available to you through your access on or use of the Site and/or App or FDT, when making or not making investment or other financial decisions. If you decide to make or not make any such decision you should always take or consider taking independent financial advice.

Your own investigations:

Even when operating the Site and/or App and playing FDT in accordance with these terms and conditions, you hereby acknowledge and accept that you (and not us) bear responsibility for your own investigations, considerations, and research – whether or not these lead to investment decisions.

Legal compliance:

You must not engage in trading activity save that which fully complies with all applicable laws and regulations (including without limitation, those relating to insider dealing). We cannot be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of the Site and/or App or the playing of FDT.

Your actions:

We reserve the right at all times to disqualify you if we reasonably suspect that you are acting or have acted irresponsibly or inappropriately, or otherwise in violation of these terms and conditions, in playing FDT. You agree not to trade by use of an automated system or any other similar methods. We reserve the right to terminate your FDT participation (including even after you have been determined as a winner, in which case no prize shall be awarded or any so awarded may be recalled) if we reasonably suspect you of cheating or attempted cheating. All such action will be determined by JAK in its sole discretion.

We know that FDT is simulated and not “real” trading – however you should always bear the following in mind in any event - be aware that the value of investments, trading decisions, and any income that may accrue from them, can drop as well as rise. When trading any investment that fluctuates in price or value you may get back less than you invested. Past performance is not necessarily a guide to future performance. Any arrangements made between you and any third party named on the Site and/or App or by playing FDT are at your sole risk and responsibility.

Links:

The Site and/or App may include hyperlinks to other websites that are not owned and/or controlled by us. You acknowledge and accept that we have no control over, and assume no responsibility for, the availability, content, policies or practices of any such websites. The use of such websites may well be subject to terms, conditions and policies and you must satisfy yourself as to the nature and extent of any such provisions in deciding whether to use the websites.

Price and Payment

Our prices and additional or special payment terms (if any) are as set out on the Site and/or the App, as amended and updated from time to time.

We reserve the right to amend the prices and/or introduce new prices from time to time by giving reasonable notice placed upon the Site and/or App. Your use of the Site and /or App and/or FDT after receipt of such notice will be taken by us as acceptance by you of such prices.

Limitations and Exclusions

Read these terms and conditions with particular care, as they describe certain exclusions and limitations on liability that may arise during your access to and use of the Site and/or App and FDT.  WE ARE NOT REPRESENTING, WARRANTING OR IN ANY WAY SUGGESTING THAT FDT IS A REPLACEMENT FOR OR MEANS TO TRADING – PLEASE READ THE PROVISIONS REGARDING “USE OF THE SITE, APP AND FDT” CAREFULLY.

WE TRY TO KEEP THE SITE AND/OR APP UP AND BUG-FREE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FDT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT SITE AND/OR APP AND FDT WILL BE CONSTANTLY AND RELIABLY UP AND ACCURATE IN THE PROVISION OF ITS INFORMATION AND CONTENT.

WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE TO KEEP INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS OR FDT WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.

Site/App/FDT Performance

You acknowledge and accept that we shall not be liable for any delay or failure of the Site and/or App or FDT to perform or operate in the anticipated manner, whether pursuant to force majeure or otherwise. We do not guarantee that the Site and/or App will be accessible or usable whenever and wherever you want. An example may be where there is heavy Site and/or App activity. In such cases, we shall not be liable, and no corrections or adjustments will be made, for trades, attempted trades, or missed trades affected thereby. We will not recognize attempted trades that were not processed by the App.

Disclaimer and Indemnity

You hereby agree to release and hold harmless us and our officers, directors, and employees from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (1) Your access or use of the Site and/or the App and/or FDT, including without limitation your acceptance or not of any prize; or (2) Any material you contribute to any message board accessed via the Site and/or the App.

You further acknowledge and accept that we are not responsible or liable for any warranty, representation, statement, or guarantee, express or implied, in respect of the Site and/or App and/or FDT (or any aspect thereof), save where expressly set out in these terms and conditions. You hereby waive any right to claim any ambiguity or error in these terms and conditions or any aspect of the Site and/or App or FDT.

If you win a prize, you hereby agree to the posting of your name on our website or social media site and the use by us of your name and the details of your prize and playing of FDT, for commercial, publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

Amendments

We reserve the right, exercisable reasonably by us, but at our absolute discretion, to change any part of the Site and/or App, or any elements of FDT, with or without notice. We may terminate, postpone, suspend, amend or modify FDT from time to time for any reason. Notice of any such cancellation, modification, or suspension will be posted on the Site and/or the App.

Without limitation to the above, we may cancel, modify, or suspend FDT from time to time, or any part thereof, without notice, where, (1) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of FDT; or (2) earthquake, flood, fire, storm or other natural disaster, act of God, terrorism, strikes or threats thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).

We can change these terms and conditions if we provide you notice and an opportunity to comment. Your use of the Site and/or App and participation in FDT from the moment of change of the terms and conditions will be taken by us as acceptance of those changed terms and conditions.

Miscellaneous

These terms and conditions and policies referred to herein comprise the entire agreement between you and us, and supersede any prior agreements, arrangements or understandings.

You acknowledge and accept that you have not been induced to enter into this agreement in reliance upon any representation, warranty, statement, agreement or undertaking whatsoever, made by us or in respect of the Site and/or App or FDT, save where the same are expressly set out in this agreement.

If any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any rights under this agreement, it will not be considered a waiver of those or any other rights.

Any amendment to or waiver of this agreement must be made in writing and signed by us.

All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these terms and conditions shall prevent us from complying with the law.

These terms and conditions do not confer any third party beneficiary rights, whether pursuant to the Contracts (Rights of Third Parties) Act, at common law or otherwise.

You will comply with all applicable laws when using or accessing the Site and/or App or FDT.

Disputes and Law

You agree not to make any claim, and to waive any right make a claim, based on any alleged ambiguity or error in these terms and conditions, the Site and/or App, content or any aspect of FDT.

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these terms and conditions exclusively under English law. The laws of England will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Definitions

By "content" we mean any content and/or information that you post on the Site and/or App, including without limitation any content and/or information concerning you and your actions.

By "data" we mean content and information that third parties can retrieve from the Site and/or the App or provide to us through the website or social media platform.

By "post" we mean post on the Site and/or the App or otherwise make available to us (such as by using an application).

By "contact" we mean the third party contact details given to us by you when registering for use of the Site and/or App or FDT as may be amended or updated from time to time.

By "details" we mean those details given to us by you, and which you are aware may be disclosed in accordance with the terms and conditions.

By "use" we mean use, copy, publicly perform or display, distribute, modify and translate.