Last updated: 28/09/2023 (Version 3.0)
1.1: Bullwaves is a trading name of Equitex Capital Limited (Registration No. 8434948-1), a company authorized and regulated by the Financial Services Authority (the “FSA”, licence no. SD185) with legal registered address in CT House, office number 9A, Providence, Mahe, Seychelles and physical address in Office No. Al9C, Providence Complex, Providence, Mahe, Seychelles (the “Company,” “we,” “us,” or “our”).
1.2: This Agreement is a legally binding contract, and you have a duty to read this Agreement before using the accessing the Services offered by the Company. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.
1.3: The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event The Company replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.
2.1 By using the Services, you represent that you at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf.
2.2 You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
3.1 The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.
3.2 You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.
3.3 This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
4.1 You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
4.2 Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.
4.3 You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.
4.4 You are also prohibited from using any trading strategy that is expressly prohibited by the Company or the Brokers it uses. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:
– Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker
– Utilizing non-public and/or insider information
– Front-running of trades placed elsewhere
– Trading in any way that jeopardizes the relationship that the Company has with a broker or may result in the canceling of trades
– All-0r-Nothing Trading, where you can lose the account in one trade
– Any trading style that we deem too risky will result in a retake
– Trading in any way that creates regulatory issues for the Broker
– Use of EAs with high-frequency trading (HFT) strategies, Gold Arbitrage EA any usage involving Prohibited Practices.
– Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts
– Utilize one strategy to pass an assessment and then utilizing a different strategy in a funded account, refers only to the use of EAs in assestment and manual trading in the Funded stage and viceversa, as determined by GoatFundedTrader in its sole discretion
– Holding a Single Share Equity CFD position into an earnings release pertaining to that underlying equity. To avoid being in breach of this rule, you must close all such Single Share Equity CFD positions by 3:50 pm Eastern Time on the day of the release, if an aftermarket release, or on a preceding day, if a before-market open release. Violation of this rule will constitute an immediate, hard breach of your account and any gain or loss on said position will be removed from any profit calculations.
– Entering into an Equity CFD at or near the end of the trading day with the intent of profiting from the marketing gap between when the market closes and reopens on the subsequent trading day, as determined by the Company in its sole and absolute discretion.
– Attempting to arbitrage a challenge account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
– You are also prohibited from trading with multiple accounts of the same size to exploit market conditions or the prop firm. The Company reserves the right to determine whether trading with multiple accounts of the same size is allowed and may breach and refund some of your accounts if they do not align with our risk appetite.
4.5 If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company. Additionally, and before any Trader shall receive a funded account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by both the Company and the Broker to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a funded account.
4.6 Additionally, the Company reserves the right to disallow or block any Trader from participating in the program for any reason, in the Company’s sole and absolute discretion.
5.1 The Company does not provide any trader education. The intent of The Company is to identify individuals with a talent for trading. No live trading is provided directly by the Company. Such Traders who pass an assessment offered by the Company shall be allocated capital to trade in a live account under the terms of an agreement with Bullwaves.
5.2 Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided on by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.
5.3 The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website.
5.4 While the Company does not provide you with the opportunity to invest actual currency, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. 5.5 It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results.
5.6 As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.
None of the services provided to you by the company can be considered investment services in accordance with applicable laws. The company does not give or provide to you any guidance, instructions, or information about how or in which manner you should perform transactions when using the services or otherwise, or any other similar information about the investment tools traded, nor does the company accept any such guidance, instructions, or information from you. None of the services constitute investment advice or recommendations. No employees, staff, or representatives of the company are authorized to provide investment advice or recommendations. Should any information or statement of any employee, staff, or representatives of the company be interpreted as investment advice or recommendations, the company explicitly disclaims that the same is investment advice or recommendations and shall not be responsible for them.
6.1 In order to register as a Trader, you may be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, date of birth and a username and password for an account that is unique to you. The information provided is subject to the Company’s privacy policy accessible here.
6.2 The account will be personal to You, and You cannot share it with anybody else. You also may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify The Company.
7.1 The Company may provide products, services, subscriptions, or access to certain portions to the Company’s website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white label affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions.
7.2 By making any such purchases, you agree that the Company has no responsibility and acquires no liability for any claim related to your purchases. 7.3 Upon the complete purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any said product, service, or access will be available to you following the approved transaction.
7.4 There are no refunds on any Services purchased from the Company. If you, as a purchaser, are deemed “high risk” by our payment processors we may require you to provide additional documentation or information in order to proceed with the challenge. Failure to provide the requested documentation and information within twenty-four (24) hours of said request may result in your use of and access to the Services being revoked. The documentation and information supplied does not guarantee that this status will be revoked and may still be subject to ineligibility.
7.5 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8.1 The Company will display the guidelines associated with the Services on the Company’s website and via email, upon becoming a Trader. These guidelines, which may change from time to time in The Company’s sole discretion, are incorporated in whole into this Agreement. The Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance as a Trader.
9.1 You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Company website by the Company, are common law or registered trademarks owned by or licensed to the Company. You are expressly prohibited from using the trademarks of the Company to cause confusion, cause mistake, deceive consumers, or from falsely designating the origin of, source of, or sponsorship of your goods or services. You are further prohibited from using the trademarks of the Company in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
9.2 You acknowledge and agree that the Company’s website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Company’s website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of The Company. You cannot modify, distribute or re-post anything on this website for any purpose.
9.3 The Company names and logos and all related products and services and our slogans are the trademarks or service marks of the Company or licensed to the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Company Website. Access to the Company website does not authorize anyone to use any name, logo or mark in any manner.
9.4 All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Company website or any related software. All software used on the Company website is the property of the Company or its suppliers and protected by laws of Spain. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Company website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of The United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Company website is the exclusive property of the Company and is also protected by the laws of Spain.
10.1 Before deciding to participate in financial markets, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose.
10.2 There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products you are trading.
10.3 Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your funds. This may work against you as well as for you.
10.4 There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet. The Company employs backup systems and contingency plans to minimize the possibility of system failure.
11.1 The term of this Agreement will begin when you purchase a Service offered via the Company and will continue until either the Company terminates your access to the Services or you stop using the Services.
11.2 The Company reserves the right to terminate the Services or your access to the Company website in its sole and absolute discretion and without prior notice.
11.3 All funds and profits within Bullwaves’s platform are purely for simulation purposes. Bullwaves reserves the authority to terminate the trader’s relationship if warranted.
11.4 Bullwaves reserves the right to unilaterally terminate the client’s relationship at any time, with the possibility of refunding the client’s sign-up fee upon such termination.
12.1 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the amount that you paid to use the services or $1,000, whichever is less.
13.1 You agree to indemnify, defend, and hold harmless The Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
13.2 Your obligation to defend The Company will not provide you with the ability to control The Company’s defense, and The Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
14.1 You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning interpretation of this Agreement or your use of this Services, will be settled by arbitration pursuant to the most recently effective commercial arbitration rules of high Court of the Seychelles.
15.1 The Company shall not be liable to Trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.
16.1 The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
17.1 In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
18.1 This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
19.1 You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
20.1 No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
21.1 This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or un-authorized distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Once you dispute an order payment it has an adverse impact on The Company, financially, and causes a damage to our company profile in the eyes of the Payment Gateway. Hence, according to our policy, we will be banning accounts (directly involved in the dispute/against the same order number) of traders who dispute their payments and moving forward we will not entertain any requests to unban the accounts(s).
The user who is involved in a disputed transaction in the normal course of the business, where there has not been any problem on our side, such users won’t be eligible for any further accounts with Bullwaves and all their other active accounts, with current balance over and above the initial balance, will be refunded as well.
This policy is in place to protect Bullwaves from any financial adversity as well as to ensure the long-term viability of the brand name.
Welcome to Bullwaves, a trading name of Equitex Capital Limited (the “Company,” “we,” “us,” or “our”) has created this privacy notice to explain our data collection and processing practices. By using our Services, you acknowledge and agree to our policies and procedures regarding personal information. If you have any questions or concerns, feel free to reach out to us at prime@bullwaves.com. If you do not agree with our policies, please refrain from using our Services.
Personal information is gathered from you through voluntary means when you register on our Services, show interest in learning about us or our products/services, take part in activities on the Services, or make contact with us.
The personal information we collect is based on your interactions with us and the Services, the choices you make, and the products/features you use. This can include:
Sensitive Information: we do not collect sensitive information such as social security numbers or other information not necessary to the operation of the Company’s business.
Payment Information: In case of any purchases, we may gather data necessary to process your payment, such as the payment instrument number and security code linked to your payment method. The storage of all payment information is handled by our payment processors. Their respective privacy notices can be accessed on their websites.
It’s crucial that all personal information you provide us is truthful, comprehensive, and up to date. In the event of any changes to your personal information, it’s your responsibility to notify us.
During your visit, usage, or navigation of the Services, certain information is automatically collected by us. This information, while not revealing your specific identity (e.g. name or contact details), may include device and usage data such as IP address, browser and device specifications, operating system, language preferences, source URLs, device name, country, location, usage information of our Services, and other technical details. This information is mainly utilized for ensuring the security and functioning of our Services, as well as for internal analysis and reporting purposes.
Similar to other businesses, we also gather information through the use of cookies and similar technologies.
Log and Usage Data: This refers to information related to service, diagnostics, usage, and performance, which our servers automatically gather when you access or utilize our Services. This data is stored in log files and may include details like your IP address, device information, browser type and settings, and information about your activities within the Services (such as timestamps of usage, pages/files viewed, searches performed, and other actions like feature usage), and device event information (such as system activity, error reports, and hardware configurations), depending on your interaction with us.
Your personal information is processed by us for several purposes, based on your interaction with our Services. These may include:
We process your personal data only when necessary and when we have a valid legal justification, such as with your consent, to follow laws, provide services, fulfill contracts, protect your rights, or serve our legitimate business interests, inclusive of those set forth in our Terms & Conditions and to protect the Company against fraud.
The GDPR and UK GDPR mandate us to outline the legal grounds for processing your personal data. Therefore, we process your information based on the following legal grounds:
Consent: We may process your information if you have provided us with consent to use your personal information for a specific purpose. You have the right to revoke your consent at any time. To do so, simply reach out to us through the contact form or send an email to prime@bullwaves.com.
Legitimate Interest: We may use your information if it is necessary for our legitimate business interests, provided that these interests do not override your interests or basic rights and freedoms, inclusive of those set forth in our Terms & Conditions and to protect the Company against fraud.
Legal Obligation: We may handle your information to fulfill our legal obligations, such as cooperating with law enforcement or regulatory bodies, protecting our legal rights, or providing your information as evidence in relevant legal proceedings.
Vital Interests: We may also process your information if it is crucial to safeguarding your vital interests or the vital interests of others, for example in emergency situations where safety is at risk.
We can only process your information if you have either given us express consent for a specific purpose or if it can be assumed from the circumstances (implied consent). However, you have the right to revoke this consent at any time. In exceptional cases where the law permits, we may process your information without your consent such as:
Your personal information may be shared in the following cases:
Business Transfers: During negotiations or completion of a merger, sale of assets, financing, or acquisition of our company or a part of it, your information may be shared or transferred to another company.
Working with Vendors: To provide the Services, the Company works with various third-parties. The Company may share your personal information to the extent it ensures adherence to the Company’s Terms & Conditions and to otherwise protect against fraud or manipulation involving the Company or third-parties.
The use of cookies and other tracking technologies (e.g. web beacons, pixels) may allow access or storage of information. Our Cookie Notice provides detailed information on our usage of these technologies and offers options to decline certain cookies.
We also utilize various tracking methods such as Google AdWords, Meta Advertising, and Google Analytics to gather and store data on user interactions with our websites.
We retain your personal information only as long as necessary or legally allowed, including for tax, accounting, or other legal reasons. When our business no longer requires it, we will either delete or anonymize your personal information. If deletion is not feasible, we will securely store it and restrict access until it can be deleted.
We have taken necessary and reasonable technical and organizational measures to secure personal information in our possession. However, the Internet and information storage technology are not foolproof, so we cannot guarantee that your information will not be accessed, stolen, or altered by unauthorized third parties.
While we strive to protect your personal information, it is your responsibility to ensure the safety of the information you transmit through our Services. Use caution when using the Services and only in a secure environment.
We do not intentionally gather information from or target individuals under 18. By using our services, you certify that you are 18 or older, or the parent/guardian of a minor using the services with your consent.
In case we discover any personal information from minors, we will promptly disable their account and erase the data from our records. If you become aware of any information collected from minors, please contact us at prime@bullwaves.com.
In some regions with applicable data protection laws (such as the EEA, UK, and Canada), you have certain rights, such as:
(i) Requesting access and a copy of your personal information.
(ii) Requesting correction or deletion.
(iii) Limiting the processing of your personal information and data portability (if applicable).
(iv) Objecting to the processing of your personal information under certain circumstances.
If you wish to make such a request, please contact us.
If you reside in the European Economic Area or the UK and think that your personal information is being mishandled, you can file a complaint with your local data protection authority. Find their contact details at: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are in Switzerland, the data protection authorities’ information can be found at: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your Consent: If your personal information is being processed based on your consent, either expressed or implied as per the relevant laws, you have the right to withdraw it at any moment.
To stop receiving our marketing and promotional emails, simply click the unsubscribe link in the emails we send you. You will then be removed from our marketing lists. Note that we may still send you non-marketing communications such as service-related updates, account administration, responding to your service requests, etc.
To review or change information in your account or close it, follow these steps:
Note: Upon request, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files for fraud prevention, problem resolution, investigations, enforcement of legal terms, and compliance with legal requirements.
Web browsers are typically configured to accept cookies by default. You can choose to remove or reject cookies, but this may impact certain features or services of our Services. To opt out of interest-based ads by advertisers on our Services, go to https://youradchoices.com/control.
For privacy-related questions or comments, email us at prime@bullwaves.com.
Many web browsers, mobile OS and apps have a Do-Not-Track (“DNT”) feature to signal your preference for not having your online browsing activities monitored and collected. However, as there is no agreed technology standard for DNT, we do not currently respond to DNT browser signals or any other mechanism that communicates your preference not to be tracked. If a future standard for online tracking is adopted, we will update this privacy notice and inform you.
For additional details on our data collection and sharing procedures, please refer to our privacy notice. To get in touch with us, you can email us at prime@bullwaves.com, visit goatfundedtrader.com or find the contact information at the bottom of this document.
If you choose to use an authorized agent to opt out, please note that we may reject the request if the authorized agent cannot provide proper proof of their authorization to act on your behalf.
We may share your personal information with our service providers in accordance with the terms outlined in our contracts with them. These service providers are for-profit entities that process information on our behalf while complying with the CCPA’s rigorous privacy standards.
We may use your personal information for internal business purposes, such as technological advancement and demonstration research, but this is not considered “selling” your personal information.
In the past 12 months, the Company has not disclosed, sold, or shared any personal information with third parties for business or commercial purposes. We will not sell or share personal information about website visitors, users, or other consumers in the future.
Right to request deletion of the data — Request to delete
You have the right to request the deletion of your personal information. We will comply with your request, subject to certain exceptions under the law, such as (but not limited to) when another consumer is exercising their right to free speech, when we are obligated to comply with a legal requirement, or when processing is necessary to prevent illegal activities.
You have the right to know:
By law, we are not obligated to supply or remove consumer information that has been de-identified in response to a consumer’s request, or to re-identify individual data to confirm a consumer’s request.
We will not engage in discrimination if you exercise your privacy rights. You have the right to limit the use and disclosure of sensitive personal information, and we do not handle consumers’ sensitive personal information.
To confirm your identity when we receive your request, we may need to verify that you are the same person whose information we have on record. This verification process may require us to ask for additional information from you that matches what we already have.
For instance, based on the type of request you submit, we may request specific information to verify, or reach out to you using a previously provided communication method, such as phone or email. Other methods of verification may also be employed depending on the situation.
The personal information you provide in your request will only be utilized to verify your identity and authority to make the request. We will aim to minimize the need to request additional information from you for verification purposes.
If our existing information is insufficient to verify your identity, we may ask for additional information to verify your identity, as well as for security and fraud prevention purposes. Once the verification process is completed, any additional information you provide will be promptly deleted.
To assert these rights, contact us via prime@bullwaves.com, visit goatfundedtrader.com or refer to the information at the bottom of this document. If you have a concern about our data handling, we’d like to hear from you.
This privacy notice may be revised periodically, with the updated version indicated by a new “Revised” date. It will become effective immediately upon release. We may notify you of significant changes by posting a prominent notice or sending you a notification. It’s important to regularly review this privacy notice to stay informed of how we safeguard your information.
For questions or comments regarding this notice, you may reach us via email at prime@bullwaves.com.
Depending on your country’s laws, you may have the right to access, modify, or delete the personal information we have collected from you. To do so, please send your request via email at prime@bullwaves.com.
Clients who improperly dispute charges or request chargebacks with their bank will be permanently banned from the Platform. Please contact our community support team if you have any questions.
It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.
These Affiliate Terms and Conditions(hereinafter the “Terms” and/or the “Agreement”) govern your participation as an affiliate (“hereinafter “the Affiliate”) in the affiliate program (hereinafter the “Affiliate Program”). By enrolling in the Affiliate Program, you agree with the Terms outlined in this Agreement.
1.1 These Terms govern right and obligations between Equitex Capital Limited (hereinafter referred to as “Company”, “We”, “Us” or “Our”), with Registration No. 8434948-1), a company authorized and regulated by the Financial Services Authority (the “FSA”, licence no. SD185) with legal registered address in CT House, office number 9A, Providence, Mahe, Seychelles and physical address in Office No. Al9C, Providence Complex, Providence, Mahe, Seychelles and the participant of the Affiliate Programme (hereinafter referred to “Affiliate” and/or “You” and/or “your”). Both parties, the Company and the Affiliate may hereinafter be referred to separately as the “Party” and jointly as the “Parties”.
1.2 The purpose of these Terms is only the referral of new and organic Customers to the Company who will purchase the Product(s) directly by the Company for a reward pursuant to these Terms. It is expressly stated that the Affiliate does not act as a vicarious agent or bound intermediary of the Company, nor is any delegation subject to approval.
2.1 “Account” means the account You are provided by the Company once You registered as a Customer at the Company’s Website.
2.2 “Affiliate” has the meaning set forth in clause 1 above.
2.3 “Affiliate Links” has the meaning set forth in clause 5 below.
2.4 “Affiliate Program” means the program the Affiliate participates in to refer Customers to the Company in exchange to get compensated in accordance with the provisions of Commission set forth herein.
2.5 “Affiliate Enrollment” is the process which must be followed by You under the Affiliate profile in the menu of the Dashboard where You agree to these Terms.
2.6 “Affiliate Website” is any website, or other media platform that is set up by an Affiliate through which it promotes the Company’s Products and services.
2.7 “Company’s Website(s)” is the Website (com) , or other such Websites (including mirror websites) agreed upon between Us and the Affiliate. Additional Websites may be added to the Affiliate Program from time to time. Any additions made will be reflected in a revised Terms.
2.8 “Commission” is the form of compensation given to Affiliates for referring Customers to the Company. This is a percentage-based commission based on the sales or revenue as set forth in clause 7 of these Terms.
2.9 “Commission Structure” is the reward structure expressly agreed between the Company and the Affiliate which details how the Company will compensate the Affiliate.
2.10 “Confidential Information” means any information or data of any nature, tangible or intangible, in any format or medium, however recorded, preserved or disclosed and whether in physical, electronic, written, oral or other form relating to the Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, personal information about Customers or users of the Company Websites, marketing plans and manners of operation, whether communicated orally, in written form or stored in any other media.
2.11 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature of the Company and/or any other affiliated or associated company.
2.12 “Customer(s)” or “Referral(s)” means newly registered customer and/or Customer who has been registered with the Company’s Website(s) through an Affiliate link.
2.13 “Dashboard” is the platform You gain access to upon registration as User and contains all relevant information about your account, trading and/or affiliate performance.
2.14 “Effective Date” has the meaning set forth in clause 17.1.
2.15 “Force Majeure Event” has the meaning set forth in clause 20.
2.16 “Payment Agent” means any third party appointed by the Company to carry out on its behalf and to make payments to the Affiliates.
2.17 “Personal Data” means any personal information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
2.18 “Products” means the products offered by the Company consisting of the provision of tools for simulated environment trading pursuant to the Company’s Terms and Conditions which are available at: https://prime.bullwaves.com/legal/.
2.19 “Restricted Jurisdictions” means countries determined as such by us at our discretion and which are included on our list published on the Company’s Website in the FAQ section.
2.20 “Super Affiliates” has the meaning set forth in clause 4.2.2
2.21 “User” means any individual who is registered with the Company to purchase challenge(s) or any other products and/or services, if any, offered by the Company and has access to the Company’s Dashboard.
2.22 “Visitor” is a person who is not the Company or the Affiliate and who visits the Company’s Website(s) through a banner of the Affiliate Link;
2.23 “Written Notice” means a notice that must be given by any Party to the other Party in a form of an email.
3.1 Eligibility Criteria
3.1.1 Minimum age: You must be a least eighteen (18) years old to participate in the Affiliate Program.
3.1.2 Legal Capacity: You must have the legal capacity to enter into binding contracts. By entering to this Program, you represent and warrant that you have the legal authority to agree to and to be bound by these Terms.
3.1.3 Location Restrictions: This Program is open to Affiliates worldwide, except in jurisdictions where such programs are prohibited by law or regulation. You are responsible for ensuring that your participating in the Program complies with the laws of your jurisdiction. If participation in this Program on the promotion of the Company’s products and services requires a license or other form of authorisation in your jurisdiction, you must ensure that you comply with all local regulations and obtain the necessary licenses or authorisations before participating in the Program.
3.1.4 Ongoing Compliance: You are solely responsible for ensuring that you remain in compliance with all local regulations and licensing requirements throughout your participation with local laws, regulations or licensing requirements. You agree to provide with evidence of your compliance with local regulations and licensing requirements, if applicable, upon Company’s request.
3.1.5 Existing account: Only existing account holders who are registered as users can participate in this Program.
3.1.6 Acceptance: Enrolment in this Program is not subject to approval but only to acceptance of these Terms . However, the Company reserves the right to reject or terminate your participation at its sole discretion, for any reason or no reason at all at any time.
3.2 Affiliate Enrolment:
3.2.1 To become a member of the Affiliate Program and gain access to the Affilliate Profile in the Dashboard You must confirm that You read, understand and agree to these Terms.
3.2.2 We will confirm upon Enrolment that You have successfully became an Affiliate and all information such as the Affiliate Link on the Dashboard will be available for use.
3.2.3 Once the above under clause 3.1.2 is met then You will be able to start acting as an Affiliate.
3.2.4 It is your sole obligation to ensure that any information You provide Us with when registering with US during your onboarding as a User is correct and kept up to date.
3.3 Affiliate login details:
3.3.1 It is your sole obligation and exclusive responsibility to ensure that login details provided to You when registered initially as a User including your password are always kept safe and confidential. Your details are to be kept secure to deter any unauthorised use of your account. These details are not to be shared with anyone, if these are shared with other individuals You would be jeopardizing the security of the data making up your Account.
3.3.2 In the case of unauthorised disclosure of your Account details, whether such activity was undertaken by You or not, You are held solely liable for any and all activities carried out under your Account. In the case of security breaches or suspicions that have come to your attention, including the unauthorized disclosure of your Account, You must immediately contact Us.
4.1 Usage of the Account:
4.1.1 The Affiliate Program is intended for your direct participation only and is not opened to any third party.
4.2 Obligations of the Affiliate
4.2.1 You declare that you have carefully read these Terms and that you are eligible to conclude and fulfil the obligations under these Terms.
4.2.2 The Affiliate may also refer an individual, acting in the course of business or a legal person to perform the same type of services as the Affiliate (hereinafter referred to as “Super Affiliates”). However, in order to become a Super Affiliate, a separate Agreement needs to be entered into. In these cases, the Company will verify and validate these referred Affiliate Accounts before they are fully active on the Website.
4.2.3 The Affiliate is not entitled to represent Bullwaves Prime and or provide/offer to Customers any other services on behalf of the Company and within the scope of this contractual relationship.
4.2.4 The Affiliate is forbidden to engage in activities that go beyond the mere referral of potential Clients or to even give the appearance of being authorised to engage in such activities through actions and/or statements.
4.2.5 By agreeing to participate in the Affiliate Program, You agree to use your best efforts to actively advertise, market and promote the Company Websites in good faith and in accordance with Company’s instructions if need be.
4.2.6 You will ensure that all activities taken by You will be in the Company’s best interest and will in no way harm the Company’s reputation or goodwill.
4.2.7 You may link to the Company Websites using the Affiliate Links or other such materials as We may from time to time approve and/or provide to You. This is the only allowed and acceptable method by which You may advertise on Our behalf.
4.2.8 In case of any changes to the law or regulatory requirements whereas a registration is required the Affiliate must ensure in compliance with those requirements.
4.2.9 The contractual partner of the Customer with regard to the challenges and any further services offered by the Company shall be exclusively the Company. The Affiliate is obligated to clearly and unambiguously disclose to the potential Customer that he/she is acting exclusively as a referral agent of the Company and is not entitled to any further activity on behalf of the Company.
4.3 The Affiliate Website:
4.3.1 You are solely responsible for the operation, development, and the maintenance of the Affiliate Websites, including for all the materials which will appear on such Websites.
4.3.2 You are to, at all times ensure that the Affiliate Website is compliant with all applicable laws as well as any laws in relation to the Protection of Personal Data, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
4.3.3 You furthermore are to ensure that the Affiliate Website is fully functional and accessible.
4.3.4 The Affiliate Website cannot be presented in a manner to cause confusion to the Affiliates. It is to be made clear that the Affiliate Website is separate from the Company Websites.
4.3.5 The Affiliate Website cannot contain any defamatory, discriminatory, or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory, or pornographic materials or content which would be considered as unlawful).
4.3.6 You will not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Company’s Websites.
4.4 Unsuitable Websites:
4.4.1 You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring Our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
4.4.2 Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.
4.5 Affiliate Links:
4.5.1 The Affiliate shall refer potential Customers who are interested in the Company’s Products through a unique URL Link (“Affiliate Link”) that will be assigned to the Affiliate by the Company upon acceptance of these Terms leading to the Company’s Website(s).
4.5.2 The Affiliate Link assists in identifying the Affiliate’s activities and calculates the Affiliate’s weekly fees and enables the Company to identify the Affiliate that has referred such specific Customer for the purpose of calculating the Affiliate’s Commission.
4.5.3 The Affiliate Link will be posted by the Affiliate on their online portal(s) websites/social media channels, or they will provide it directly to the Customers to register with the Company.
4.5.4 You will only use Affiliate Link provided by the Company within the scope of the Affiliate Program.
5.1 As an Affiliate You should not provide the Company with Customers who are in sanction lists, associated with financial abuse in the industry, money laundering or fraud and have criminal record. You are to immediately notify the Company if such information has been brought forward about these Customers.
5.2 Any Customer found in breach of any of the provisions herein, including but not limited to clause 5, whether You have notified Us, or was discovered later by Us, does not count as a valid Customer in accordance with these Terms. In this instance, no Commission shall be payable in relation to such Customers.
5.3 You will not target persons who are under the age of eighteen (18) years or those who have not reached the legal age to begin trading, in accordance with the national law of the country.
5.4 The Company is entitled to refuse to conclude to enter into a contractual agreement with a potential Customer referred by the Affiliate without giving reasons.
6.1 Before any emails or any other form of communication(s) to be sent to Customers which include any of the Intellectual property or are means to promote the Company’s Website, You must obtain the Company’s permission.
6.2 If permission has been granted by the Company, You must ensure that You have acquired every Customer’s explicit consent to receive marketing communications in the form they will be received by the Customer.
6.3 All marketing communications will be sent by You and not by the Company.
6.4 Any material and/or content provided from the Company and/or any other legal entity associated with the Company cannot be utilised in any way without the prior written consent of the Company. Any use of the material and/or content is subject to the Company’s discretion and the Company has every right to refuse providing any material to You.
6.5 Any content to be used to advertise the Company must be in line with the Company’s instructions and/or guidelines.
6.6 You must not bid on keywords or search terms related to the Company’s trademarks. Therefore, the use of the Company’s trademarks or business name for or in connection with brand or keyword bidding is considered a violation of these Terms and is prohibited. In light of this the Company, reserves the right to withdraw from the relationship created by these Terms between the Parties, and not pay any outstanding Commissions.
7. 1 The Affiliate shall receive a remuneration for his activity as an Affiliate as per below:
7.1.1 a percentage share of the revenues of the clients the Affiliate introduces.
7.1.2 The Commission Structure needs to be agreed with the Company before the Affiliate starts referring clients.
7.1.3 In accordance with these Terms, the Affiliate’s remuneration is only due at the end of the week and the remuneration is sent back to the USDT Payout Address completed during the Affiliate Registration process.
7.2 It is the Company’s discretion to alter and/or amend the Commission Structure any time and without any prior written notice.
7.3 The Affiliate is responsible for ensuring the accuracy of the payment details in the Dashboard (USDT Payout address). If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayments or reclaim overpayments made to the Affiliate.
7.4 In case You disagree with the balance already paid and/or any due amount You must notify the Company by sending an email to prime@bullwaves.com within fourteen (14) calendar days and clearly state reasons of the disagreement providing clear and sufficient supporting evidence. Failure to notify the Company within this time limit shall be considered as an irrevocable acknowledgment of the balance paid and/or the balance due for the relevant period.
7.5 The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Terms.
7.6 All payments to the Affiliate shall be made through a Payment Agent used by the Company. Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. The Company remains exclusively responsible for the payment of any amounts due in accordance with the applicable statutory expiry periods.
7.7 You will not be entitled to any Commission for the sole promotion of the Company or its Products(s).
8.1 You are strictly prohibited from registering domain names, as well as, searching terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other referral service which are identical to any of the Company’s trademarks or otherwise include the Company’s trademarks.
8.2 You are strictly prohibited from using, reproducing, distributing or displaying any content owned by the Company or any of its affiliated entities and/or any third party the Company has an agreement with to receive content, including but not limited to materials, webinars, logos, trademarks, service marks, proprietary information or any other content featured on the Company’s website(s) or platform(s) or social medial page(s), without obtaining prior written content and/or authorisation from the Company. This includes, but it is not limited to:
8.2.1 Marketing material: Affiliates may not use marketing materials provided by the Company and/or its affiliated entities and/or the licensor, such as banners, images, videos and text, without express permission.
8.2.2 Webinars and Educational Content: Affiliates may not use, share, or distribute any webinars, educational content, or training materials created or hosted by the Company or its affiliated entities and/or any third party.
8.2.3 Website Content: Affiliate may not copy, reproduce, or use any content from the Company’s website, including but not limited to text, graphics, webinars, videos, or any other media owned by the Company and/or its affiliated entities and/or any other third party prior written consent.
8.3 Any use of the Company’s Intellectual Property Rights must be in accordance with any instructions and/or guidelines issued by the Company to You from time to time. Any unauthorised use of the Company’s intellectual property and breach of clauses 8.1 and 8.2 may result in immediate termination of this Agreement and may subject the affiliate to legal action for infringement property rights from the Company and/or any its affiliated entities and/or licensors.
9.1 You will not use any advertising layouts or designs (including banners, images, logos) incorporating Our Intellectual Property unless the advertising layouts or designs where provided to You by Us or, if advertising layouts are created by You, the advance written approval of the Company is required.
9.2 You will not modify the appearance of any advertising that has been provided to You or for which approval was granted by the Company.
9.3 It is Your responsibility to seek approval from the Company in time for launch of any advertising campaign or designs, to ensure You have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
10.1 As an Affiliate, You are not allowed to target any countries where proprietary trading is considered as an illegal activity. You will act in accordance with the relevant and applicable laws at all times.
10. 2 You are to acknowledge that by promoting and targeting any countries where proprietary trading is considered as illicit and an illegal activity, You will be breaching the Terms and it will lead to the immediate closure of the Account by the Company and it is at the Company’s sole discretion to pay any of the outstanding commissions.
10.3 You understand that you cannot participate in the Affiliate Program if:
(a) you are of nationality or residing in Restricted Jurisdictions;
(b) you are established or incorporated, or have a registered office in Restricted Jurisdictions;
(c) you are subject to the relevant international sanctions.
In the event that you do fall under any of these categories, the Company reserves the right to immediately terminate the provision of the Affiliate Program to you.
11.1 The following, in addition to the above, are to be considered as additional obligations of the Affiliate:
11.1.1 You shall be solely responsible for all risk, costs and expenses incurred by You in meeting your obligations under these Terms;
11.1.2 You will immediately provide the Company with all the required assistance and provide such Company with all information as is requested to monitor your activity under the Affiliate Program;
11.1.3 You must ensure that you adhere to the Company’s Affiliate Guidelines at all times.
12.1 The Company agrees that during the duration of these Terms, the Affiliate has been granted a non-exclusive and non-assignable right to direct Customers to the Company Websites.
12.2 If the Commissions, which were based on the Customers referred to such Company, were received by You due to a breach in the processes or due to fraudulent or falsified transactions, upon the request made by the Company, You are to return all the Commissions received. In addition to the above, You shall have no claim towards Commissions or other forms of Compensation which are not entitled by You.
12.3 The Company grants You a non-exclusive, non-transferable licence, during the term of the Affiliate Program, to use the Company Intellectual Property, which We may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved in writing by the Company. This licence cannot be sub-licensed, assigned or otherwise transferred by You.
13.1 We shall use Our best efforts to provide You with all materials and information required for necessary implementation of the Affiliate Links.
13.2 We shall register any Customers directed by You to the Company Websites at Our sole discretion and without any prior written notice. Furthermore, We reserve the right to refuse Customers or close their accounts on our Our Company Websites in order to comply with necessary requirements which We may establish periodically.
13.3 The following collected personal data may be processed by the Company:
13.3.1 First and Last Name
13.3.2 Email address
13.3.3 Mobile phone number
13.3.4 Company Name (if applicable)
13.3.5 Affiliate Website
13.3.6 Any Additional Information the Company may request
The above information is collected to further enhance the business relationship between the Company and the Affiliate and for security purposes. This information would be initially provided by the Affiliate during the Customer onboarding process and or at any stage thereafter.
13.4 You accept and agree that You personal data will be processed in accordance with the Company’s Privacy Policy.
13.5 For the purposes of the provision of support on marketing and/or promotional material to You in accordance with these Terms, the Company will not provide access to the Affiliate of the Personal Data of the Company’s Customers.
14.1 In case of a breach or a suspected breach by the Affiliate of the Terms, negligence in performing under the Affiliate Program or the failure to meet your obligations, the Company shall have the right to:
14.1.1 suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Terms. During the period of suspension, payments of Commissions is also suspended;
14.1.2 withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, content or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under these Terms;
14.1.3 withhold from the Commission monies which the Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of the Company which arises as a result of the Affiliate’s breach of these Terms;
14.1.4 suspend an Account or terminate such an Account once investigation period has ended;
14.1.5 impose any necessary limits on the Account during the investigation period or after if the need arises;
14.1.6 immediately terminate the Affiliate Program for the Affiliate and ultimately, these Terms.
14.2 Your Account may also be suspended or terminated after the investigation period due to the following:
14.2.1 bankruptcy or composition proceedings are instituted against the assets of the Affiliate or are dismissed for lack of assets.
14.2.2 violation of the duty of confidentiality and requirement for Data Protection.
14.2.3 material breach of the code of conduct and any of the Affiliates obligations as described in these Terms.
14.2.4 access to such account has been provided to a third party;
14.2.5 misrepresentation of information to Customers or potential Customers;
14.2.6 the Affiliate who created the Account has not reached the age of majority;
14.2.7 You utilise any services to facilitate crime or money laundering.
14.3 The rights and remedies listed are not mutually exclusive and are not exhaustive.
15.1 According to the intention of the Parties, these Terms establish a contractual relationship between the Company and the Affiliate. Nothing in this Agreement shall be construed to create an employment relationship or a corporate relationship between the Parties.
16.1 During the Term, You may from time to time be entrusted with Confidential Information relating to Our business, any of the group companies, operations, or underlying technology and/or the Affiliate Program.
16.2 You agree to avoid disclosure or unauthorized use of any such Confidential Information to third persons or outside parties unless You have Our prior written consent.
16.3 You also agree that You will use the Confidential Information only for the purposes of these Terms. Your obligations in regard to this clause shall survive the termination of the Terms and for an unlimited period of time.
16.4 In addition, You must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company (with approval of the exact content to also be approved by Company).
16.5 All information that is not made publicly available by the Company and the disclosure of which to recipients not authorised by the Company could negatively influence and affect the Company and its business shall be considered business and trade secrets.
16.6 In the case of each individual violation of this duty of confidentiality, the Affiliate undertakes to pay the Company a contractual penalty which may result to an unlimited amount depending on the damages occurred due to the breach of the disclosure of this Confidential Information which amount can be deducted from any accrued remuneration owed to the Affiliate at the time of the violation being found.
17.1 The contractual relationship shall be effective as of the date of electronic acceptance of these Terms (“Effective Date”) by the Affiliate and shall be concluded for an indefinite period. It may be terminated by either Party with or without giving reasons effective immediately.
17.2 Upon expiration or termination of this Agreement:
(a) The Affiliate shall return to the Company and any Property of the Company in its possession or control;
(b) The Affiliate must immediately cease displaying and/or removing any of the Property of the Company and/or any reference to the Company on any of their Affiliate Website as defined in clause 2.6 herein or otherwise and ;
(c)All rights licensed to the Affiliate will automatically be revoked.
17.3 In case of material breach of any of the terms of these Terms, the Company may terminate these Terms with immediate effect and the Company retains the right to seek for indemnification under any applicable laws, for any losses, damages or liability incurred by the Affiliate in connection with such violation, in accordance with the provisions of this clause.
17.4 In case of termination from the Company due to malpractice, fraud, breach, failure or other significant event, including liquidation or insolvency, the Company reserves the right to void the unpaid commission. This is not an exhaustive list.
18.1.You shall indemnify and hold the Company, Our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected with:
18.1.1 any breach by You of any provision of Terms;
18.1.2 the performance of your duties and obligations under the Terms;
18.1.3 your negligence
18.1.4. any injury caused directly or indirectly by your negligence or intentional acts or omissions, or the unauthorized use of our designs and links or this Affiliate Program.
18.2.The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with these Terms.
18.3 The Affiliate is liable to Company for the compliance with his contractual obligations.
18.4 The Affiliate is also liable to the Company for non- compliance with the legal and/or regulatory requirements in relation to the activities conducted in a specific jurisdictions. A Company reserves every right to avoid paying any outstanding Commissions and terminate the Account(s) immediately.
18.5 In case of a claim against the Company due to an illegal and culpable conduct of the Affiliate-regardless of whether this concerns claims under civil law or sanctions under supervisory law- the Affiliate undertakes to fully indemnify and hold the Company harmless in this respect.
19.1 OTHER THAN AS EXPLICITLY STATED IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE WHICH IS PROVIDED TO YOU ON AN ‘AS IS’ BASIS AND WE PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ITS QUALITY, COMPLETENESS OR ACCURACY. REGARDLESS OF OUR EFFORTS, WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, AND ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTED IN A SHORT PERIOD OF TIME.
20.1 Neither Party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control i.e. force majeure events. A Force Majeure Event includes but is not limited to the following:
20.1.1. Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity, economic or political crisis.
20.1.2 Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster.
20.1.3 Labour disputes and lock-out.
20.1.4 Breakdown, failure or malfunction of any electronic, network and communication lines (not due to bad faith or wilful default of any Party).
20.1.5 Any event, act or circumstances not reasonably within the Parties’ control and the effect of that event(s) is such that the Party is not in a position to take any reasonable action to cure the default.
20.1.6 The imposition of limits or special or unusual terms on the trading in any such market or on any such event.
20.2 If the Company determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other rights under this Agreement) the Company may without prior Written Notice and at any time take or omit to take all such actions as the Company deems to be reasonably appropriate in these circumstances.
20.3 Neither Party shall have any liability to the other in respect of the termination of this Agreement as a result of Force Majeure Event.
21.1 Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Seychelles. Exclusive jurisdiction in any action or proceeding arising out of or relating to these Terms and any appendices attached will be placed in the relevant courts residing in the Seychelles.
21.2 Dispute Resolution: In any case there is any dispute arising out or in connection with fulfilling the Terms, the Parties shall do their best to settle such situations by means of negotiations.
21.3 These Terms replace any other existing agreement in place which may be communicated by the Company prior to the acceptance of these Terms.
21.4 Assignment: All the provisions of these Terms shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective successors, assigns and legal representatives. The Affiliate shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations here-under, to any third party without the Company’s prior written consent.
21.5 Language: These Terms are made in English language. Any other language translation is provided as a convenience only. In the case of inconsistency or discrepancy between this English version and the translations into any other language, as the case may be, this English version shall prevail.
21.6 Severability: Should any part of these Terms or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.
21.7 Amendments: The Company reserves the right to update these Terms at any given time, without prior notice.
21.8 Entire Agreement: These Terms and any appendices constitute the entire agreement between the Parties on all issues to which these Terms relates. The contents of these Terms and its appendices supersede all previous written or oral commitments and undertakings.
21.9 Waiver: Any delay by the Company in exercising its rights under these Terms shall not constitute a waiver thereof.
For further information regarding our Affiliate Program, please contact us by sending an email to affiliate@Bullwaves Prime.com.
Bullwaves is a trading name of Equitex Capital Limited (Registration No. 8434948-1), a company authorized and regulated by the Financial Services Authority (the “FSA”, licence no. SD185) with legal registered address in CT House, office number 9A, Providence, Mahe, Seychelles and physical address in Office No. Al9C, Providence Complex, Providence, Mahe, Seychelles.
ETX Services Limited, with company registration number HE455407, a company registered in Cyprus with a registered address at Archiepiskopou Makariou 111160, 3026 Limassol, acts to facilitate payments and provide supporting services to Equitex Capital Limited.
Risk Disclaimer:
Over-the-counter derivatives are complex instruments and come with a high risk of losing your initial capital rapidly due to leverage. You should consider whether you understand how over-the-counter derivatives work and whether you can afford to take the high level of risk to your capital. Investing in over-the-counter derivatives carries significant risks and is not suitable for all investors.
When acquiring our derivative products you have no entitlement, right or obligation to the underlying financial asset. Equitex is not a financial advisor and all services are provided on an execution only basis. Information is of a general nature only and does not consider your financial objectives, needs or personal circumstances. Important legal documents in relation to our products and services are available on our website. You should read and understand these documents before applying for any Bullwaves products or services and obtain independent professional advice as necessary.
Regional Restrictions:
The information or services described on this website is not directed at or offered to residents of North Korea, United States, Afghanistan, Belarus, Central African Republic, China, Cuba, Libya, Nicaragua, Palestinian Authority/Gaza/West Bank, Venezuela and to jurisdictions on the FATF and EU/UN sanctions lists or any other person in any jurisdiction where such distribution or use would be contrary to local laws or regulations. For more information please contact our support. Clients who onboarded via www.bullwaves.com can contact our support team at support@bullwaves.com. For complaints please email us at compliance@bullwaves.com
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