TERMS OF USE

Our Terms of Use have been updated as of July 21th, 2016

TL;DR version

  • You represent and warrant that:
    • you are at least 18 years old or of legal age (whichever is higher) to lawfully access and consume the Site and Digital products and services; and
    • you are accessing and using the Site and digital products and services from countries or (if accessing off-planet, from star systems) where the same are lawfully offered.
  • You represent and warrant that you are not AI (weak or sentient), and if you are, that you abide by the three laws (with the term ‘AI’ replacing ‘robotics’ and the concepts of ‘injure’ and ‘harm’ extending to encompass emotional, physical, and financial).
  • You unambiguously consent to the use of any Personal Data you provide us in accordance with our Privacy Policy.
  • Prizes are shipped as soon as logistics providers can process them. If Prizes are jobs or internships, these are considered delivered once you have been connected by us with the prospective employer. Earnings are usually given via cheque or electronically where possible, and we do our best to process these as quickly as possible.
  • We may impose account minimums for earnings withdrawals but these are expected to be minimal, and if we can help it, we will lower and remove these as technologies (and a hopeful ebbing of human greed, only possible with a corresponding increase in empathy) make transaction costs of processing large volumes of small and micro transactions negligible. In case of any disputes on these matters, our decision is final and cannot be appealed. Rules and scoring for contests is available in the Game rules and earnings policy.
  • To process prizes or certain Earnings, we may require additional ID and documentation.
  • In accessing and using the Site and products and services offered by us, you irrevocably and unambiguously accept and agree to abide by the Terms, including without limitation the obligations of no fraud or other abusive activity.
  • Play hard, play fair, and treat others on the Site as you yourself would like to be treated.

THE SITE AND DIGITAL PRODUCTS AND SERVICES ARE OFFERED ON AN ‘AS IS’ BASIS WITHOUT ANY GUARANTEES OR WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE AND YOU USE THE SAME AT YOUR OWN RISK.

Full version of Terms follows. For obvious reasons, the full version prevails over the tl;dr version.

These terms comprise

(collectively, the “Terms”, and include the TL;DR version above)

These Terms collectively spell out the contract between you and us. By using any of the Digital products and services we offer, you agree to and accept these terms and expressly agree that you shall be contractually bound by them in all dealings and interactions with us.

Basic terms of use

Who do you contract with

Each time you access the Site and/or use the Digital products and services you are accepting these Terms and in doing so, you are entering in to separate contracts with each of the entities comprising us for each digital product and service you access or use through or via the Site. At present, you contract with Trakinvest Pte. Ltd.. If and when this changes, we will update the Terms.

Your use of our Digital products and services

  • Your use of the Digital products and services (and our provision of the same to you) is subject to and based on:
    1. You accessing the Site from a location where the Services are lawfully offered. If accessing Paid Services, you warrant and represent that you are not a resident of the United States.
    2. You providing accurate identification information at the time of registration or prior to receiving any amounts as earnings or prizes from us in respect of your use of the Digital products and services. You accept that to be eligible for prizes and Earnings you may, from time to time, be required to provide feedback, including feedback that may be used for promotional purposes, to us.
    3. You accepting and abiding by the Terms at all material times and not misrepresenting or falsifying any of the information you provide to us or to other users of the Site or Digital products and services.

We may change these Terms from time to time

We may update these Terms from time to time at our sole discretion.

Any terms that are unenforceable or found to be inconsistent with the laws of specific jurisdictions shall be severed from the Terms only to the extent of the inconsistency.

Intellectual Property

  1. The TrakInvest, or other logos and marks or intellectual property in or accessible via the Site and Digital products and services (including without limitation, patents, copyright in content, trade secrets embedded in the technology used or accessed via the Site or through use of the Digital products and services ) are our property or contain parts that are used under the requisite licenses. You shall not unlawfully use or reverse engineer any part of such property, or attempt to do so.
  2. We may use all UGC. All rights in the UGC vest in us. You may of course use any UGC generated or contributed by you for your personal use.

Payments and Taxes

Users/players are responsible for their own taxes in relation to any Earnings. We may be required to withhold a portion of Earnings. Regardless, you remain solely liable to pay any applicable taxes on Earnings owed to you.

We may be required to charge certain goods or services based taxes on certain Digital products and services consumed via the Site and if so required, you agree to pay the portion of the relevant taxes attributable to your consumption of the relevant Digital products and services.

Liability Limits and Indemnity

Neither Party shall be liable to the other for any indirect, special, or consequential damages arising from use of the Site or Digital products and services.

You agree to indemnify and hold harmless us and our personnel and directors from any liability, damages, or costs arising from your improper use of the Site or Digital products and services or your violation of these Terms (including violations that result in us being in breach of any laws, which breach would not have occured but for your violation of these Terms).

THE SITE(S) ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS. WHILE WE ENDEAVOUR TO ENSURE DATA AND INFORMATION ARE ACCURATE AND UP TO DATE, YOU USE THE SITE AT YOUR OWN RISK AND WE DO NOT GUARANTEE THE CONTENTS HEREIN NOR GIVE ANY EXPRESS OR IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS OF PURPOSE IN RESPECT OF THE SITE OR ANY PRODUCTS OR SERVICES. WE DO NOT PROVIDE ANY ADVICE NOR ADVISORY SERVICES.

Governing Law

These Terms are governed by the laws of Hong Kong without reference to its choice of law rules.

Dealing with Disputes

Any disputes in respect of earnings or prizes shall be resolved via mutual negotiation between you and us. Our decision in any such matter shall be on a case by case basis and will be final.

Any disputes on matters other than earnings or prizes shall be resolved via mutual negotiation between you and us. If mutual negotiation fails to resolve the dispute, disputes shall be resolved via mediation conducted at a venue and subject to rules of our choosing notified to you. If mediation fails to resolve the dispute, disputes shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the same as the Terms it forms part of, the seat of arbitration shall be Hong Kong, the number of arbitrators shall be one with qualifications and background suited to the subject matter of the dispute and shall be appointed by the chairman of the HKIAC.

In the event we believe you will or are likely to attempt to breach these Terms such as the damages would be an inadequate remedy, we may seek injunctive relief against you.

In using the Site or Digital products and services , you specifically and expressly agree in writing (as constituted by your keying in your user ID and password to access the Site) to and accept: the governing law of these Terms as the governing law of any dispute or difference you may have with us, the jurisdiction of the above mentioned decision makers, bodies or courts for the resolution of any disputes, and waive your right to be a part of (including as plaintiff) any class action suit, jury trial, or other action inconsistent with these Terms.

Definitions

“you” or “your” (including upper or lower case instances of these words in the Terms) refers to any individual accessing and using the Site and Digital products and services whether as a registered user or guest.

“user” refers to individuals who are registered users/subscribers of the Site by virtue of having an account with an associated unique user ID and password for accessing the Site(s) and using the Digital products and services.

“us”, or “TIG” (including upper or lower case instances of these words in the Terms) refers to the collection of entities that own or operate the Site and offer the Digital products and services in the countries in which the Digital products and services can be lawfully offered. These entities include TrakInvest Pte. Ltd., which is the principle entity you contract with for the use of the Site and Digital products and services.

“Site” means the collection of websites, applications, and platforms owned or operated by us, including without limitation, trakinvest.com, trakinvest.io, android and iOS applications offering the same or similar functionality as offered via the above domains.

“SOF” means the Site operator fee charged by us (the respective companies part of the TIG offering the various Digital products and services via the Site). This is a percentage of all premium service transactions taking place on the Site.

“Premium service transactions” means chargeable transactions on the Site for premium services or features offered by the Site as Digital products and services from time to time. These include information subscription services, resume building and recruitment intermediary (non-advisory) services, and skill based contests (in select countries) (except free to play contests).

“Digital products and services ” means the various digital products and services offered via or through the Site from time to time.

“OL Countries” means, in respect of Paid Services, the countries and territories where the Paid Services are presently not offered and includes, without limitation, the United States of America.

“Paid Services”, in non OL Countries, means Digital products and services where you may receive amounts in excess of any amounts you pay to us for you or a user team picked by you to participate in certain skill based contests we may offer from time to time, based on yours or your team’s performance in the relevant skill based contests.

“Personal Data” means data, whether true or not, about you from which you can be identified and any of which you are provide to us, is deemed to be provided consensually, including without limitation, your personal details and payment information.

“User Information” means information you provide us as part of registration and in the course of using the Digital products and services , and includes, without limitation, UGC.

“User Generated Content” or “UGC” means any content created, generated, uploaded by, or originating from or through you that is available at or through the Site or Digital products and services , including without limitation, virtual portfolio information, virtual trading data, content and logs of communications between you and other users of the Site or us.

“User information feed” or “UIF” means an dynamically updating feed of another user’s virtual trades on the Site(s) and virtual portfolio(s) maintained on the Site, for which a user has subscribed.

“Earnings” means:

  • ISR earned from users subscribing to your information feed of trades, net of our SOF
  • earnings in the form of prizes based on performance in skill based contests offered on the Site from time to time, net of our SOF

“ISR” means information subscription revenue share, which for a user, is 80% of the revenue earned by us from people subscribing to that user’s information feed of virtual trades on the Site(s).

Other capitalised terms used in these Terms may be defined in-line.

Privacy policy

  • How we deal with your Personal Data
    1. From time to time we may request you to provide Personal Data to us. We may also collect your Personal Data through the use of cookies and other tools to track your access and use of the Site and Digital products and services . By providing us such data, you are consenting to us using your Personal Data in connection with the provision of the Site and Digital products and services .
    2. Such use may extend to, without limitation, internal analysis of such data by us, provision of such data to our personnel and third parties authorised by us to access such data (all of whom shall be subject to appropriate confidentiality obligations in respect of such data) and to transmittal of such data outside the countries, subject again to any persons accessing or handling such data outside your location jurisdiction (where you first registered as a user from) being subject to appropriate confidentiality obligations such that your Personal Data is handled with care to a standard no lower than required by any data protection laws in your location jurisdiction.
    3. When we use your Personal Data, we will do so in compliance with the applicable laws of your location jurisdiction (subject to the consents you have provided through your acceptance of these Terms). When we provide any of your Personal Data to third parties, we shall do so in accordance with this Privacy Policy.
    4. In the event you wish to utilise opt-out or right to be forgotten rights available to you in your location jurisdiction, please notify us in writing citing the laws upon which you rely, and we will comply with your request in a reasonable time to the extent required by the relevant laws.

Game rules and earnings policy

  • In select countries where we can lawfully do so through appropriate entities, we will offer skill based contests which are currently free to play and allow users to hone their investing skills via educational virtual trading games.
  • Traders League games rules:

    1. Scoring for traders league games is individual or team blended portfolio return.
    2. Portfolio return is equal to the absolute portfolio return (sum of negative returns and positive returns) at the end of a contest period. For team based contests, this would be team blended portfolio return, i.e. the aggregate absolute portfolio return for the entire team.
    3. Only qualifying trades are counted for the purposes of contest scoring and leaderboard tabulation. Qualifying trades are trades that meet the criteria of a given contest, i.e. virtual trades in the relevant sector or market comprising a contest’s scoring criteria.To illustrate: consider a contest where the scoring criteria is highest return across the Indian and Hong Kong markets over 2 weeks. In this case, players who enter this contest will either get a specific contest portfolio with a set amount of virtual cash they can use to trade contest qualifying trades.Players could trade any of the markets we cover, but only the performance of India and Hong Kong market trades done over the 2 week contest period would be counted for the purposes of calculating a player’s portfolio return for the contest leaderboard (and eligibility for any prizes).When users are entering a trade, players will either be asked if they want to include the trade in their basic virtual portfolio (which all users have regardless of whether playing/not playing a contest) and/or include the trade in a contest specific portfolio. In case contest specific portfolios are not being used for a contest, users would be asked if they wish to use their contest specific cash to enter the trade. In either case, if a user does a trade that meets the qualifying scoring criteria for a contest, it will be counted for the purposes of tabulating portfolio return and leaderboard position.In contests that are team based, the same logic applies, except that it would be all qualifying trades from a team’s portfolios that would be counted to determine leaderboard position and eligibility for prizes. Team based contests are contests where users must enter with 1-4 other users (exact numbers will be known for each contest, and each team in a contest has to have the same number of players)So to use the above example of a 2 week India and Hong Kong market contest, let us say Player A entered 30 qualifying trades of which, 25 trades of Player A were closed out by contest conclusion (i.e. shares bought have been sold, and short positions have been closed out). The return calculation would look at the sum of returns from the closed trades, as well as the return on any open trades at contest conclusion to get the overall portfolio gain. So for Player A portfolio return = aggregate absolute return for 25 trades closed in contest period + aggregate current return from 5 open trades at contest conclusion. This would be compared against the portfolio return for all other players participating in the contest to determine an overall leaderboard and eligibility for prizes.The percentage portfolio return is calculated by reference to the starting virtual cash balance at the start of a contest. All players in a given contest start with the same virtual cash balance for a given contest. The above portfolio calculation logic applies equally to team based contests.
  • General Rules for all Contests
    1. If two or more players or teams in a contest appear to have the same portfolio return to 2 decimal places, we will look at additional decimal places until we arrive at a winner. So if Player A and B each have a 1.67% return, we’d look at 3-10 decimal places to ascertain who ranks higher, e.g. if Player B has a 1.6767% return v Player A has 1.6713% return, Player B will rank higher. No splitting of prizes will occur.
    2. Where cash prizes are offered, they will be paid by cheque or electronic means where feasible (subject to ID verification and provision of payment instructions from users), or made available for spending for specific purposes (if required by a contest sponsor). We may impose account minimums for earnings withdrawals but these are expected to be minimal, and if we can help it, we will lower and remove these as technologies (and a hopeful ebbing of human greed, only possible with a corresponding increase in empathy) make transaction costs of processing large volumes of small and micro transactions negligible. In case of any disputes on these matters, our decision is final and cannot be appealed. Rules and scoring for contests is available in the Game rules and earnings policy.
    3. Users must at all times use the Site and Digital products and services in a manner that is not nor intended to be, violent, abusive, unfair, fraudulent or otherwise harmful to other users or to us. Breach or threatened breach of this term can result in users being disqualified from receiving prizes, any won prizes being revoked or withdrawn at our sole and absolute discretion, and/or suspension or deletion of user accounts found to have engaged in conduct breaching the above standards.

Pricing


We endeavour to obtain the lowest possible mid-market rates but in certain cases we are limited to using the conversion rates offered by the relevant intermediary banks and payment providers.

That being said, if there has been a genuine issue with the delivery or use of certain Digital products and services, then we will consider refunds on a case by case basis. We will not consider refunds for any cases where 30 days or more have elapsed since the purchase.

In all such cases, we will require reasonable proof of any issues with our Digital products and services and a reasonable written explanation from an affected user as to why a refund is warranted for Digital products and services that have been delivered. Our decisions in refund cases are final.

If you have any questions about these Terms, feel free to contact us at [email protected].