Legal - TheFundsHolding

Data Privacy | Risk Disclosure | Legal | Terms&Conditions | Imprint

II. Disclaimer

1. Claims for damages on the part of the customer are excluded, unless otherwise stated for the reasons below. This also includes claims against representatives and vicarious agents of the provider.

2. Claims for damages due to injuries to life, limb, health or essential contractual obligations, which are absolutely necessary to achieve the goal of the contract, remain unaffected by this.

3. This exclusion does not apply to claims for damages based on a grossly negligent or intentional breach of duty on the part of the provider, its legal representative or vicarious agent.

4. By using the material provided or the information on this website, the user agrees that this is general educational material. Any damage or loss caused by the content provided shall not be attributed to the provider or any of its members.

5.Trading forex, futures, options and spot forex trading involves a high level of risk. Users should be aware of the risks and be willing to accept them. No money should be traded that cannot be lost. It is strongly discouraged to borrow money for trading.

6. Representation as a financial analyst does not take place. Profits or losses discussed on this website or in the materials provided are not guarantees of future results. Past performance is not indicative of future results.

III. Term of Contract and Termination Terms:

1. Minimum contract period: The contract for copy trading or PAMM has a minimum term of 45 days. Within this period, the contract cannot be terminated prematurely.

2. Termination procedure: If a customer wishes to terminate the contract after the expiry of the minimum term, this must be done expressly and in writing. For this, official communication via the e-mail address info@thefundsholding.com is required. It is also accepted via Telegram without obligation, but can also be rejected in special cases, so it is always recommended by mail.

IV.Automatic Contract Activation and Scope:

1. Contract activation: With an investment in our PAMM accounts or copy trading, the corresponding contract is automatically activated. No further confirmation of contract activation is required from our side.

2.Scope : The treaty applies to citizens of any jurisdiction, including all EU countries.

3. Legal status: The status of the contract and the applicable law is the St. Lucia legal system. Any dispute or claim arising out of or in connection with this Agreement shall be resolved in accordance with the laws of Saint Lucia.

V.Confidentiality

a) Any image or video material, screenshots or information depicting internal systems or the internal performance of the Software may not be distributed or made publicly available without prior written consent.

b) Violations of this confidentiality agreement are subject to a general claim for damages of €25,000.

(d) The existence of international agreements or treaties between the countries concerned does not constitute an exclusion criterion for the enforcement of this clause.

V. Modification of the T&Cs and other provisions

a) The most up-to-date terms and conditions are always available on our website. It is the customer’s responsibility to check in regularly with any changes, as we cannot proactively notify customers of any changes.

b) Customers who wish to be informed individually of any changes must notify info@fundsholding.com by sending an e-mail to them . We don’t expect to have to research our customers’ contact details on the internet.

c) Our T&Cs are easy to find and linked in the footer of our website in accordance with European standards.

d) Acceptance of the T&Cs occurs through the use of our services. Customers who do not agree with a change to the T&Cs during their contract period have a special right of termination within the first 45 days after notification of the change.

e) The broker affiliated with the client has its own privacy policy. Acceptance of these provisions is directly between the client and the broker. Any liability on our part with regard to the broker’s privacy policy is excluded.

f) In the event of ambiguities in the T&Cs, every customer is obliged to obtain clarity via official channels before using our services and thus before agreeing to the T&Cs. If this is not done, any ambiguities will be interpreted to the detriment of the customer and not to our disadvantage.

g) We strive to make our T&Cs clear and consistent. If customers notice any inconsistencies or ambiguities, we ask for notification and allow us the opportunity to revise before taking legal action.

VI. Terms of Termination

a. A customer can terminate the contract after the expiry of the minimum contract period or by giving a special right of termination by sending an e-mail to legal@fundsholding.com.

b. The Company may terminate the Agreement if the Client publicly portrays the Company in a negative light or engages in misconduct such as threats or insults to Employees without good cause. Such behavior will be reported in accordance with the legal requirements of the customer’s reporting country.

c. The Company may also terminate the Agreement if legal, compliance or other risks arise for our business, or if we are requested to do so by authorities or a higher majeure.

d. The notice period is 5 days (an average within the range you specify).

e. A termination is not effective until it has been confirmed by the Company. In the event of no confirmation, the customer should resend the cancellation via the contact form on the website.

f. Fees already paid will not be refunded. The company has no control over deposits as they are deposited with the partner broker.

g. The handling of data after termination is governed by the partner broker’s privacy policy. The company does not store any customer data itself.

h. After termination, all confidentiality and non-disclosure agreements will continue to apply.

VII. Force majeure

a. The Company shall not be liable for any delay, non-performance, failure or disruption of its obligations due to circumstances which it could not reasonably foresee or prevent. These circumstances are defined as “Force Majeure” and include, but are not limited to:

i. natural disasters such as earthquakes, floods, hurricanes, tornadoes, fires, tsunamis and droughts;

ii. war, insurrection, terrorism, invasion, armed conflict, embargoes, sanctions or international, national or regional emergencies;

iii. acts of God;

iv. epidemics, pandemics or disease outbreaks;

v. nuclear accidents or radioactive contamination;

vi. industrial disputes, strikes, industrial disputes or boycotts;

vii. Economic difficulties such as recessions, economic crises, sudden market volatility, significant economic data releases;

viii. bank failures, bank or broker runs;

ix. Legal or regulatory action, regulation or restriction;

x. Technical or technological malfunctions, including, but not limited to, disruptions to the Internet, telecommunications or power grid.

a. If, due to a case of force majeure, the Company is unable to fulfill its obligations, it will inform the Client as soon as possible and make all reasonable efforts to resume its obligations. However, the Company is under no obligation to compensate for any loss or damage caused by Force Majeure.

VIII. Non-Waiver

The failure of The Funds Holding Ltd. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver or consent to any breach of the provisions of these Terms and Conditions shall be effective only if in writing and signed by an authorized representative of The Funds Holding Ltd. Such written consent or waiver applies only to the specifically designated case and does not prevent us from acting in accordance with the Terms in all other cases.

Any failure to take action or tolerance with respect to any breach or failure to comply with these provisions shall not be deemed a waiver or exemption from future violations or non-compliance.

IX.Severability

Should one or more provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision, it shall be deemed to have been agreed that comes as close as possible to what is intended by the parties and is legally permissible.

In the event that any provision in these Terms is deemed invalid or unenforceable, the parties will negotiate in good faith to replace such provision with a legally enforceable and valid substitute provision that is as close as possible to the commercial objective of the original provision.

Such adaptation or replacement shall be made in a manner that best preserves the original purpose and purpose of these Terms and Conditions. The same applies to any loopholes.

X.Applicable law

1. All legal relations between the parties shall be governed by the laws of Saint Lucia, to the exclusion of the laws governing the international sale of movable goods. The prerequisites and effects of the retention of title, on the other hand, are governed by the law of the respective location of the object, insofar as the choice of law made in favour of English law is inadmissible or invalid.

The parties hereby expressly confirm their choice of applicable law.

XI.Notifications

1. Information by the Company: The Company is under no obligation to inform customers individually of any changes or other relevant information, as we do not have direct contact details of the customers. Customers are responsible for regularly checking our website for updates and changes.

2. Notifications by the Client: Clients who wish to contact or inform the Company must send their notifications to the email addresses specified in the T&Cs. Such notification shall not be deemed to have been received and accepted until the Client receives confirmation from the Company. In the absence of confirmation within a reasonable period of time, the Client is required to contact the Company again via the contact form on the Website.

The parties hereby acknowledge and agree that the above provisions are binding on notifications.

XII. Referral Program

a. Definition: Customers have the opportunity to participate in [Your Business Name] Referral Program. As part of this program, customers can promote our products and, where applicable, benefit from compensation or other benefits.

b. Restrictions: Customers may not pass off our content as their own or in any way represent that they are an official representation or part of [your business name] unless expressly authorized in writing.

c. Conclusion of the Contract via the Broker: The conclusion of the Contract within the framework of the Referral Program is carried out through the Partner Broker. Clients must ensure that they have also read and understood the Partner Broker’s T&Cs and other relevant terms and conditions, as these may set separate and supplemental terms and conditions to govern the business relationship.

d. Remuneration: The exact terms and conditions of any remuneration or other benefits arising from the Referral Program will be determined separately and may be amended from time to time. It is the customer’s responsibility to check back regularly for any changes.

e. Limitation of Liability: The Funds Holding Ltd. accepts no liability for any breach of contract caused by the Partner Broker. Likewise, we will not be liable for any claims arising from acts or omissions of clients under the Referral Program that violate these T&Cs or the Partner Broker’s terms.

XIII.Intellectual Property

a. All content, trademarks, service marks, business models, patents, copyrights, database rights, and existing and future inventions on and in connection with the Platform are the exclusive property of [your company]. Any use, reproduction, modification or distribution of this content without the express written consent of [your company] is strictly prohibited.

Any content, information or materials shared, published or uploaded by customers on the Platform may be considered our property, or at least a non-exclusive, worldwide, royalty-free right to use, reproduce, adapt or publish.

c. It is strictly prohibited to engage in any activity aimed at deciphering, extracting or replicating the source code, structure or conceptual aspects of the Platform, Software or other proprietary content.

d. Third parties may only link to our content, services or products in a manner that has been previously approved in writing by The Funds Holding Ltd.

e. The Funds Holding Ltd. assumes no responsibility or liability for any content or intellectual property of third parties linked to or presented in any form on our platform.

f. If any third party or customer becomes aware of a suspected infringement of intellectual property on our platform, they should notify us immediately via info@fundsholding.com.

g. The rights granted in these T&Cs in relation to content or intellectual property shall remain in force even after termination or expiry of the contractual relationship, unless otherwise agreed in writing.

h. Clients agree to indemnify The Funds Holding Ltd. should they use intellectual property in a manner not covered by these Terms and Conditions that gives rise to legal claims against [your company].

i. The Funds Holding Ltd. reserves the right to collect and use images, media or other materials from users or participants in events. The exact terms and uses of these materials will be set out in separate agreements.

XIV.Fees

1. The Funds Holding Ltd. Fees: There is a 25% fee for the use of The Funds Holding Ltd. services. However, this fee can be adjusted through individual agreements, communicated offers, or higher deposits. Details of these fees and possible adjustments are set out in the contract with the broker.

2. Broker Fees: In addition to The Funds Holding Ltd.’s fees, the client may pay fees to the broker in the form of spread and lot commission. These fees are set directly by the broker and may vary.

3. Best Execution: The Funds Holding Ltd. always strives to negotiate the most competitive fees with brokers in the best interests of all parties. Nevertheless, The Funds Holding Ltd. cannot guarantee that the fees set by the brokers will always be the cheapest on the market.

4. Adjustment of Broker Fees: In some cases, The Funds Holding Ltd., in consultation with the brokers, may adjust the fees in order to achieve better conditions for clients. Such adjustments will be communicated transparently and will only come into force after appropriate notification.

5. Transparency: All fees, both those charged by The Funds Holding Ltd. and those charged by the broker, should be clear and transparent to the client. It is recommended that clients familiarize themselves with the respective fee structures before using The Funds Holding Ltd. services.

XV.Transmission

The Client acknowledges and agrees that should a court decide that The Funds Holding Ltd. requires its own T&Cs, the obligations and rights described herein will not automatically be transferred to The Funds Holding Ltd., but will be given priority to the Partner Broker. The Funds Holding Ltd. reserves the right to Right to transfer rights and obligations under these T&Cs to third parties if it is necessary for the business model or for legal reasons. Such transfer will not affect the Customer’s rights under these T&Cs.

XVI. Entire Agreement

These T&Cs constitute the entire agreement between The Funds Holding Ltd. and the Client and supersede all prior written or oral agreements, negotiations, undertakings or understandings with respect to the subject matter hereunder. The Customer acknowledges that it has not relied on any representations, promises or undertakings that are not set out in these T&Cs. Changes or additions to these terms and conditions must be made in writing. By using our service, the customer automatically accepts these terms and conditions in their current version.

XVII. Independent Contractors

– Both parties act as independent contractors. This contractual relationship does not create a joint venture, partnership, employment relationship or agency relationship.

– Neither party is authorized or authorized to enter into any obligations or make any representations in the name or on behalf of the other party.

– Any agreements made within the framework of this service constitute exclusively a contractual relationship between the client and the relevant third-party provider, in particular the partner broker.

– Communications that could be construed as an offer, solicitation or recommendation are not to be interpreted as such, unless they are expressly designated as such.

– Each party confirms that it conducts its business activities independently of the other party and that there is no legal obligation to act in the interest of or at the direction of the other party.

XVIII.Splitting with regard to primacy

– These T&Cs of The Funds Holding Ltd. are designed in such a way that, as a rule, they do not take precedence over the T&Cs of the Partner Broker. Clients trade on the broker, deposit money there independently and have to connect to all services independently, accepting the respective terms and conditions.

– If, however, any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable without affecting the remaining provisions of this Agreement.

– If such modification is not possible, the provision in question will be deemed to be severable to the extent necessary to keep the remaining provisions of this Agreement valid and effective.

– Both parties acknowledge that it is in their mutual interest that in the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect as long as the T&Cs of The Funds Holding Ltd. do not conflict with those of the Partner Broker.

XIX. Non-Disclosure Obligations

The parties undertake to maintain confidentiality about all knowledge gained in the course of this cooperation, i.e. in particular about the business activities and customer contacts of the customer on the one hand, and about the support services and shared knowledge of the partner on the other. This obligation of confidentiality also includes, in particular, all economic aspects of the customer’s business activities and the claims arising from them by the shareholder. Information and documents relating to this may only be provided or forwarded to members of the tax and/or legal professions who are bound by a statutory or professional duty of confidentiality. The obligation of confidentiality shall apply beyond the date of termination of the contract.

For the duration of the contractual cooperation, the customer is not entitled, in accordance with the Anti-Money-Loundrey Compliance, to perform its activities in the name and/or account of third parties, to participate in comparable third-party companies – regardless of their legal form – or to establish companies themselves in other forms of corporate law, unless it is ensured by supplementary contractual agreements that the customer is also liable for other companies. The turnover generated by companies or companies is remunerated in accordance with the “Remuneration” section of these T&Cs.

XX.Succession arrangements

Both The Funds Holding Ltd. and the Client are entitled to transfer their businesses to other forms of corporate law, e.g. to establish companies. In this case, the parties already agree on a transfer of these contractual provisions to the respective successor or replacement companies or companies with a continuation of the above-mentioned contractual obligations of the respective provision of service and consideration. If this is not permissible in individual cases due to the prohibition of contracts to the detriment of third parties, the parties already undertake to conclude identical terms and conditions with the shareholder when founding the successor companies or companies, which correspond to the identical contractual framework conditions. If such a succession arrangement is already made in the first year of the contract term, the contract terms from this contract will be credited to any contract to be concluded with this successor.

XXI. Intellectual property, rights of use and exploitation

1.All industrial property rights, copyrights, trademarks, designs, utility models and other intellectual property rights of a Contracting Party existing at the time of conclusion of this Agreement, in particular – but not limited to – secret know-how, shall remain the exclusive property and, in the absence of an express agreement to the contrary, the exclusive right of use and exploitation of the respective Contracting Party.

2. All work results of completed and unfinished work achieved by the Client, alone or together with other contractors, in the performance or on the occasion of the provision of the service, including all notes, plans, formulas, concepts, technical improvements made, inventions, trademarks, designs and utility models and other results, including the Confidential Information (the Confidential Information (the “Work Results”) are the right of the Client.

3. The client undertakes to disclose all work results that are eligible for intellectual property rights to The Funds Holding Ltd. without undue delay

4. For purposes other than the provision of services under this Agreement, the Cooperation Partner may use the results of the work only with the written consent of the Client.

5. To the extent that the Work Results developed by the Client are subject to copyright protection, the Client hereby waives, to the extent permitted by law, all rights it may have in relation to the Work Results and grants the Participant the exclusive, irrevocable, perpetual, transferable and in all respects unrestricted right of exploitation and use for all known and as yet unknown types of exploitation and use. This includes, in particular, the right to reproduce, transfer to image, sound and data carriers, disseminate, edit, redesign or translate the above-mentioned work results without the express consent of the cooperation partner, and to publish and exploit them in modified form or in the original. Furthermore, the shareholder is entitled, without separate consent, to transfer this right in whole or in part to others or to grant rights of use to others. The same applies to any legal successors. The above provisions shall continue to apply indefinitely after the termination of this Agreement.

6. The Client undertakes, both during the term of this Agreement and thereafter, to assist the Partner in the acquisition of intellectual property rights upon request and to make all necessary declarations for this purpose.

7. All remuneration claims of the Client for the transfer of the above rights to the Client shall be settled by the aforementioned remuneration of the Client. Without prejudice to applicable mandatory statutory provisions, the customer shall not be entitled to an adjustment of the agreed remuneration or to payment of any further remuneration

XXII. Preservation and release of documents, return of property

1. All information and documents received or prepared by the client on the occasion of and in the course of providing the services of The Funds Holding Ltd. must be stored carefully and protected against inspection by unauthorized third parties. All work equipment provided by the Partners for the purpose of providing the Contractual Services and other property of the Participant in the Client’s possession must be treated with care.

2. During the term of this Agreement, the Client shall hand over all documents and records received or created by The Funds Holding Ltd. in connection with the performance of the Agreement immediately upon request and delete all data and software, including source and object code, immediately upon request. After the termination of this contract, the deletion and surrender must take place immediately without request. This also applies to the surrender of any work equipment provided by the Shareholder for the purpose of providing the contractual services or any other property owned by The Funds Holding Ltd… The assertion of a right of retention is excluded. The complete return of all documents as well as the deletion of all program copies and data on all storage media must be confirmed in writing.

XXIII. Confidential Information

For the purposes of this Agreement, Confidential Information means any information (whether written, electronic, oral, digitally embodied or otherwise) disclosed by The Funds Holding Ltd. to the Client or to any of the Client’s affiliates for the purpose set forth above. In particular, the following are considered to be confidential information:

trade secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, human resources matters, digitally embodied information (data); Any documents and information of the Participant that are subject to technical and organizational confidentiality measures and are marked as confidential or are to be considered confidential by the nature of the information or the circumstances of the transmission; the existence of this Agreement and its contents.

Confidential information is information that was known to the public or generally available prior to disclosure or transfer by the shareholder, or that becomes so at a later date without breach of a duty of confidentiality; which were demonstrably known to the cooperation partner before the disclosure by the shareholder and without violating a duty of confidentiality;

obtained by the Client without use of or reference to any confidential information obtained by The Funds Holding Ltd.; or The Funds Holding Ltd. is handed over or made accessible by an authorised third party without breach of any duty of confidentiality.

XXIV. Return of Confidential Information

1. . The parties shall immediately return documents that they have received from the other in connection with the development, etc., to the respective information provider after becoming aware of the fact that they have become aware of them, termination of the declaration of intent pursuant to § 1 sentence 1 or termination of the cooperation agreement. (Note: If the confidential information also contains personal data, care should be taken to ensure that due to the requirements of the GDPR, in particular the GDPR, the data is not used for personal data. Art. 17, deviating regulations on deletion may be indicated.)

2. At the request of the Participant and without request at the latest after the purpose has been achieved, the Cooperation Partner is obliged to return or destroy all confidential information, including copies thereof, within ten (10) working days of receipt of the request or after completion of the project (including electronically stored confidential information), unless agreed with the Participant or by law. Retention obligations preclude this.

3. The destruction of electronically stored confidential information is carried out by the complete and irrevocable deletion of the files or the irretrievable destruction of the data carrier. In the case of electronically stored confidential information, complete and irrevocable deletion means that the confidential information is deleted in such a way that any access to this information becomes impossible, whereby special deletion procedures (e.g. by means of “wiping”) must be used that meet the recognized standards (e.g. Standards of the Federal Office for Information Security).

4. Exceptions to this are – in addition to confidential information, for which there is a retention obligation within the meaning of para. 2 – confidential information whose destruction or return is technically not possible, e.g. because it has been stored in a backup file due to an automated electronic backup system for the backup of electronic data; this also includes the technically necessary storage of master data (e.g. personnel or customer numbers), which is necessary to establish a link to the archived information.

5. At the request of the Shareholder, the Cooperation Partner shall affirm in writing that it has completely and irrevocably deleted all confidential information in accordance with the provisions of the above paragraphs and the instructions of the Shareholder.

XXV. Rights of use and exploitation

1. Without prejudice to the rights it has under the Trade Secrets Act, the Shareholder shall have all rights of ownership, use and exploitation of the Confidential Information. The shareholder reserves the exclusive right to apply for intellectual property rights. The Cooperation Partner does not acquire ownership or – with the exception of use for the purpose described above – any other rights of use to the Confidential Information (in particular know-how, patents applied for or granted thereon, copyrights or other intellectual property rights) on the basis of this Agreement or otherwise due to implied conduct.

2. The cooperation partner must refrain from commercially exploiting or imitating the confidential information in any way outside the purpose (in particular by way of so-called “reverse engineering”) or from having it exploited or imitated by third parties and, in particular, from applying for industrial property rights – in particular trademarks, designs, patents or utility models – on the confidential information.