These PropTradar General Terms and Conditions ("T&C") govern your rights and obligations in connection with your use of the services provided by PropTradar, which are offered primarily through the website www.proptradar.com ("Website"). Please read these T&C carefully. You are not obliged to use the Services if you do not agree or understand any part of these Terms and Conditions, and you should not use the Services unless you understand and agree to these Terms and Conditions.
I
INTRODUCTORY PROVISIONS
I.1
These T&C govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by PropTradar (“we”, “our”, or the “Provider”).
I.2
By registering on the PropTradar website or, where registration is not required, not later than by your first use of the Services, you are entering into a contract with the Provider, the subject of which is the provision of the Services of your choice. The T&C form an integral part of such a contract and, by executing the contract with the Provider, you express your agreement to these T&C.
I.3
The Services are intended only for persons over the age of 18 who reside in the countries where the Services are available. By registering on the Website, you confirm that you are over the age of 18. If you are under the age of 18, you are not permitted to use the Services. You undertake to access the Services only from one of the countries where the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable law.
I.4
The Provider shall not provide the Services to any Customer who: (i) is a national of or resident in a Restricted Jurisdiction; (ii) is incorporated or has its registered office in a Restricted Jurisdiction; (iii) is subject to relevant international sanctions; or (iv) has a criminal record relating to financial crimes or terrorism. Restricted Jurisdictions means those countries specified by the Provider and published here on the Website. The Provider reserves the right to refuse, restrict or terminate the provision of any Services to any Customer in accordance with this clause I.4 and such Customer shall be prohibited from using the Services, which shall also include the use of the Client Section and/or the Trading Platform.
I.5
The Services consist of providing tools for simulating cryptocurrency trading on cryptocurrency exchanges or simulating trading with other instruments on other financial markets (future development), providing analytical tools, training and educational materials, access to the Client Area, and other additional services, in particular through the Client Area or by providing access to applications provided by the Provider or third parties. Cryptocurrency or financial market information is used in the simulated trading; however, you acknowledge that any trading you do through the Services is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and you have no right to own such fictitious funds outside the scope of their use in the Services, and in particular that such funds may not be used for any actual trading and you have no right to any payment for such funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.
I.6
None of the services provided to you by the Provider shall be considered an investment service under the terms of applicable law. The Provider does not provide or give to you any guidance, instructions or information on how or in any manner you should transact when using the services or in any other means, or any other similar information on the investment instruments being traded, nor does the Provider accept such guidance, instructions or information from you. None of the services constitutes investment advice or recommendation. No employee, staff, or representative of the Provider is authorized to provide investment advice or recommendations. If any information or statement by any employee, staff, or representative of the Provider is interpreted as investment advice or recommendation, the Provider expressly disclaims that it constitutes investment advice or recommendation and will not be liable for the same.
I.7
Your personal data is processed in accordance with the Privacy Policy. Please read the attached Privacy Policy carefully.
I.8
The meaning of the definitions, expressions and abbreviations used in these T&C can be found in clause XVI.
II
SERVICES AND THEIR ORDER
II.1
You may order the Services through the Website by completing the appropriate registration or order form. After registration, we will send you login details for the Client Section and/or Trading Platform via email and allow you to access them.
II.2
The Services include, among other things, Free Trials, Challenges, and Verification products; these products may vary in the scope of Services provided (e.g., based on the analysis tools available to Customer). With a Free Trial, you may use some of the Services in a limited scope and for a limited period of time at no cost. Completing a Free Trial does not entitle you to access other Services.
II.3
For the common interest and convenience of the services provided, all data you provide to us through the registration or order form, Client Section or otherwise must be complete, correct and up-to-date. You must immediately notify us of any changes to your data or updates to the data in your Client Section or you can send an email to
[email protected]. The Customer is responsible for the accuracy and timeliness of all data provided; the Provider is not obliged to verify such data.
II.4
You acknowledge that if you provide an identification number, tax registration number or other similar information in the registration or order form or in the Client Section, or if you state that you are a legal entity, you will be deemed to be an entrepreneur (trader) for the purposes of these T&Cs and when using the Services, and the provisions of these T&Cs or applicable laws granting rights to consumers will not apply to you.
II.5
The fee for the PropTradar Challenge varies according to the option selected and depends on the amount of the initial capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the Challenge and the subsequent Verification are met, and possibly other configurations. More detailed information on individual options and fees for those options are provided on our Website here. The final fee will be determined based on the option you select when completing the form for ordering the Challenge. The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Provider.
II.6
Fees are paid to enable you to access the PropTradar Challenge, or the Services provided under the PropTradar Challenge. The Customer is not entitled to a refund of fees, for example, if the Customer cancels the Customer Client Part or requests cancellation by email, if the Customer terminates use of the Services prematurely (for example, by not completing the PropTradar Challenge or Verification), fails to comply with the terms of the PropTradar Challenge or Verification, or breaches these Terms & Conditions. For further explanation, you can read the Refund Policy.
II.7
If the Customer makes an unjustified complaint regarding the fees paid or files a dispute over the fees paid with the Customer's bank or payment service provider (e.g. through a chargeback service, dispute service or other similar service), which forms the basis for a request for cancellation, revocation or refund of the fees or part thereof, the Provider reserves the right, at its sole discretion, to stop providing any services to the Customer and refuse to provide any services in the future.
II.8
Your choice of the PropTradar Challenge option you choose when placing an order will also apply to subsequent Verifications. You will start subsequent Verifications and, possibly, other products related to them, with the same parameters and currencies that correspond to the PropTradar Challenge option you choose. Once you have made your choice, it is not possible to change it. If you place a new PropTradar Challenge order, the restrictions set out in this clause II.8 will not apply.
II.9
The Provider reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters of their successful completion. Such changes shall not affect Services purchased prior to such changes being notified.
II.10
All data entered in the order form can be checked, corrected and changed up to a binding Service order. Your selected Service order is made by submitting the order form. The Provider will immediately confirm receipt of your order to your email address. In the case of a Free Trial, the order is concluded after the confirmation is sent to your email address, with which the contract is executed. In the case of the PropTradar Challenge, the order is concluded after payment of the fee for the selected option (more on this in clause III.4), with which the contract between you and the Provider is executed, the subject of which is the provision of the PropTradar Challenge and, if the conditions of the PropTradar Challenge are met, Verification. The contract is concluded in English. We archive the contract in electronic form and do not allow access to it.
II.11
You acknowledge that in order to use our Services, you must acquire appropriate technical equipment and software, including third-party software (e.g., software for use of the Trading Platform), at your own risk and expense. The Website can be accessed from most commonly used web browsers. Internet access, purchase of equipment, and purchase of web browsers and updates are at your own risk and expense. The Provider does not warrant or guarantee that the Services will be compatible with any particular equipment or software. The Provider does not charge any additional fees for internet connection.
II.12
If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Provider may notify the Customer through the Client Section as a protective precaution to mitigate potentially harmful behaviour of the Customer. If such unreasonable behaviour continues after such notice, we reserve the right to suspend any further orders of the Services by the customer. If we identify that the unusual behaviour as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions as perceived in Section V of this T&C. The Provider reserves the right to determine, at its own discretion, the nature of the behaviour described above and reasonable boundaries for such determination.
III
PAYMENT TERMS
III.1
The fee amount for the PropTradar Challenge option is in USD. The fee can also be paid in any cryptocurrency listed on the Website. If you select a currency other than USD, the fee amount for the selected PropTradar Challenge option will be converted at our exchange rate and will automatically display your total payment in your chosen currency, so that you know how much you are paying before confirming the order. The Customer acknowledges that if payment is made in a currency other than the one the Customer has selected on the Website, the amount will be converted according to the current exchange rate prevailing at the time of payment.
III.2
The service fee is inclusive of all taxes. If the Customer is an entrepreneur (trader), he/she is obliged to fulfill all his/her tax obligations in connection with the use of our Services in accordance with applicable law, and in case of any obligation, he/she is obliged to pay taxes or other fees correctly.
III.3
You can pay the fees for the selected options of the PropTradar Challenge via cryptocurrency transfer to our wallet addresses that the Provider currently offers on the Website.
III.4
If payment is made by payment card or other express payment method, payment will be made immediately. If you choose bank transfer for payment, we will then send you a proforma invoice in electronic form with the amount of fees for the PropTradar Challenge option you have selected on the Website. You undertake to pay the amount within the time period specified in the proforma invoice. Fees are deemed paid when the full amount is credited to the Provider's account. If you do not pay the amount on time, the Provider has the right to cancel your order. The Customer shall bear all fees charged to the Customer by the selected payment service provider (in accordance with the applicable price list of the payment service provider) in connection with such transaction and the Customer shall ensure that the relevant fees for the selected PropTradar Challenge are paid in full.
IV
CLIENT SECTION AND TRADING PLATFORM
IV.1
Only one Client Section is allowed per Customer and all Customer Services must be managed in the Client Section.
IV.2
The total number of PropTradar Challenges and Verifications per Client Share may be limited depending on the total initial capital amount of the products ordered by the Client or based on other parameters. Unless the Provider grants an exception to the Client, initial capital amounts may not be transferred between individual products or combined together. You may also not transfer or combine performance, Service parameters, data or other information between products.
IV.3
Access to the Client Section and the Trading Platform is protected by login data, which the Customer must not provide or share with any third party. If the Customer has registered as a legal entity, the Customer may authorize the use of the Services through the Customer's Client Section to authorized employees and representatives. The Customer is responsible for all activities carried out through the Customer's Client Section or the Trading Platform. The Provider is not responsible, and the Customer is not entitled to any compensation, for any misuse of the Client Section, the Trading Platform or any part of the Services, nor is the Provider liable for any negative consequences for the Customer, if such misuse occurs for any reason on the Customer's part.
IV.4
The Customer acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Provider bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Client Section or Trading Platform and for damage or loss of any data or other content that Customer uploads, transfers or saves through the Client Section or Trading Platform.
IV.5
The Customer may at any time request cancellation by sending an email to
[email protected]. Sending a request to cancel the Client Part is considered a request for termination of the contract by the Client, as a result of which the Client is no longer entitled to use the Services, including the Client Part and the Trading Platform. The Provider will immediately confirm receipt of such request to the Client by email, upon which the contractual relationship between the Client and the Provider will be terminated. In such a case, the Client is not entitled to a refund of any fees paid or costs incurred.
V
RULES OF DEMO TRADING
V.1
During demo trading on the Trading Platform, you may make any transactions, unless such transactions constitute prohibited trading strategies or practices as referred to in clause V.4. You also agree to follow the rules and standard good market practices for trading in the financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions of the Trading Platform you have chosen to trade on.
V.2
You acknowledge that the Provider has access to information about the demo trades you make on the Trading Platform. You grant the Provider your permission to share this information with persons/entities within the Provider’s group or affiliated with the Provider, and you grant the Provider and these persons/entities your permission and authorization to handle this information on their own terms. You agree that this activity may be carried out automatically without any further consent, consultation or approval from you being required, and that you are not entitled to any remuneration or income related to the Provider’s use of the data. The Provider acknowledges that you are not providing the Provider with any investment advice or recommendations through your demo trades. You acknowledge that you may suspend your demo trading on the Trading Platform at any time.
V.3
The Provider is not responsible for the information displayed on the Trading Platform, or for any interruptions, delays or inaccuracies in market information displayed through your Client Section.
V.4
Forbidden trading practices.
V.4.1
During demo trading, it is prohibited to:
(a) Consciously or unconsciously use trading strategies that exploit errors in the service such as errors in price display or delays in updates;
(b) Perform trades using an external or slow data feed;
(c) Executing, individually or jointly with any other person, including between related accounts, or accounts held in different PropTradar entities, any trade or combination of trades that would manipulate trading, for example by entering opposite positions simultaneously;
(d) Conducting trades that contrary the terms and conditions of the Provider and the Trading Platform;
(e) Use software, artificial intelligence, very high speed, or mass data entry that could manipulate, abuse, or give you an unfair advantage when using our systems or services;
(f) Perform gap trading by opening trade(s): when major global news, macroeconomic event or corporate reports or earnings (“events”), that might affect the relevant financial market (i.e. market that allows trading of financial instruments that might be affected by the events), are scheduled; and / or 2 hours or less before a relevant financial market is closed for 2 hours or longer; or
(g) Conduct any trading contrary to the manner in which trading is actually conducted in the futures markets or other financial markets, or in a manner that raises any reason based on the foundations concern that the Provider may suffer financial or other loss as a result of the customer's activities (e.g., overuse, excess exposure, single-sided betting, account overloading).
V.4.2
As our Customer, you have to understand and agree that all of our Services are for the Customer's personal use only, meaning that only you personally may access your PropTradar account and trade. Therefore, you may not, and you agree not to,
(a) allow access to and trading on your PropTradar account by any third party nor you shall engage or cooperate with any third party in order to have such third party perform trades for you, whether such third party is a private person or a professional;
(b) access any third party PropTradar account, trade on behalf of any third party, or perform account management or similar services, if you agree to trade, operate or manage a PropTradar account on behalf of another user, whether done professionally or otherwise.
Please note that if you act or behave contrary to the above, we will consider such action/behavior to be a Prohibited Trade Practice under Section V.4 with respective consequences as perceived under these T&Cs.
V.4.3
Furthermore, Customers may not utilize the Services by trading without applying standard market risk management rules for trading in financial markets, including, among other things, the following practices (i) opening significantly larger position sizes compared to other Customers' trades, whether on this account or other Customers' accounts, or (ii) opening significantly smaller or larger position sizes compared to other Customers' trades, whether on this account or other Customers' accounts.
The Provider reserves the right to determine, in its sole discretion, whether a particular trade, practice, strategy or situation constitutes a Prohibited Trading Practice.
V.5
If the Customer engages in any of the Prohibited Trading Practices described in clause V.4, (i) the Provider may consider it as a failure to comply with certain PropTradar provisions, (ii) the Provider may delete the transactions violating such prohibitions from the Customer’s trading history and/or not count the results thereof in the profits and/or losses derived from demo trading, (iii) immediately cancel all Services provided to the Customer and then terminate this Agreement, or (iv) reduce the leverage offered on the product to 1:5 on any or all of the Customer’s accounts.
V.6
If some or all of the Prohibited Trading Practices are committed on one or more PropTradar accounts of a single Customer, or accounts of multiple Customers, or by combining trading through PropTradar accounts and PropTradar Trader accounts, then the Provider reserves the right to cancel all Services and terminate all contracts relating to all PropTradar accounts of the Customer and/or take other actions in clause V.5. The Provider may take all actions in clauses V.5 and V.6 at its sole discretion.
V.7
If a PropTradar account is used for or involved in any Prohibited Trading Practices, this may and will be deemed a violation of the respective terms and conditions for the PropTradar account with the third party provider and may result in the cancellation of all such user accounts and the termination of their respective agreements with the third party provider.
V.8
If the Customer engages in any of the practices described in clause V.4 repeatedly, and the Provider has notified the Customer in advance, the Provider may prevent the Customer from accessing all Services or any part thereof, including access to the Client Section and the Trading Platform, without any compensation. In such cases, the Customer shall not be entitled to a refund of the fees paid.
V.9
The Provider shall not be liable for any trading or other investment activity carried out by the Customer outside the relationship with the Provider, for example by using data or other information from the Client Section, the Trading Platform or related to the Services in real trading on the financial markets, even if the Customer uses the same Trading Platform that the Customer uses for demo trading for such trading.
V.10
Developments in financial markets can change unintentionally and frequently. Trading in financial markets may not be profitable and may lead to significant financial losses. Any prior performance and profits from customer demo trades are not a guarantee or indication of future performance.
V.11
If we delete a trader's funds and order history due to inactivity in trading, we will send a deletion notice to the trader's verified email. Each trader is responsible for monitoring their own account.
VI
PROPTRADAR CHALLENGE AND VERIFICATION
VI.1
After paying the fee for the selected PropTradar Challenge option, the Client will receive the relevant login data for the Trading Platform at the email address provided by the Client or in the Client Section. The Client activates the PropTradar Challenge by opening the first demo trade on the Trading Platform. IF YOU ARE A CONSUMER, YOU ACKNOWLEDGE THAT, BY OPENING THE FIRST DEMO TRADE, YOU EXPRESSLY REQUEST THE PROVIDER TO COMPLETE THE SERVICES BEFORE THE EXPIRY OF THE PERIOD FOR WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO WITHDRAWAL FROM THE CONTRACT, AS SET FORTH IN MORE DETAIL IN CLAUSE XII. If you do not activate the PropTradar Challenge within 30 calendar days from the date it is made available to you, your access to it will be suspended. You may request an extension of access via the Client Section or by sending an email to
[email protected] within 6 months from the initial suspension, otherwise we will terminate the provision of the Services without any right to a refund. The PropTradar Challenge lasts for 30 calendar days from the date of activation.
VI.2
In order for a Client to qualify for the PropTradar Challenge, the Client must meet all of the following parameters simultaneously at the end of the PropTradar Challenge:
VI.2.1
During the PropTradar Challenge, the Customer has opened at least one demo trade on at least ten different calendar days;
VI.2.2
During the PropTradar Challenge (both demo and live trading), our system will monitor the amount of client's profit and loss. The maximum drawdown calculation is 5% per day or a total of 10% calculated from the initial funds.
VI.3
If the Client has fulfilled the conditions of the PropTradar Challenge specified in clause VI.2, and at the same time has not violated these T&Cs, in particular the demo trading rules under clause V.4, the Provider will evaluate the PropTradar Challenge as successful and the client can proceed to the next phase to trade live with the funds prepared by the Provider according to the plan application selected by the client. PropTradar Admin will send the login credentials to the Client's verified email address or Client Section. The Client can request an evaluation of the PropTradar Challenge at any time by sending a request to
[email protected] or through the Client Section. The Provider is not required to evaluate the PropTradar Challenge if the Client has not closed all trades.
VI.4
The Client activates the PropTradar account by opening the first demo trade on the Trading Platform. If the Client does not activate the PropTradar account within 30 calendar days from the date the Client receives new login data, the Client's access to the account will be suspended. The Client may request access renewal via the Client Section or by sending an email to
[email protected] within 6 months from the date of suspension, otherwise we will stop providing the Services without the right to a refund. Verification lasts for 60 calendar days from the date of activation.
VI.5
If during the PropTradar Challenge the Client does not comply with any of the conditions set out in clause VI.2, the PropTradar Challenge will be evaluated as unsuccessful, and the Client will not be recommended as a candidate for the PropTradar Trader program. In such case, the Client’s account and Services will be terminated without any refund of the fees paid.
VI.6
The Provider recommending the Client as a candidate for the PropTradar Trader Program does not in any way guarantee the Client’s acceptance into the PropTradar Trader Program. The Provider shall not be liable for the rejection of the Client by the PropTradar Trader Program for any reason or no reason.
VIII
USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
VIII.1
The Website and all Services, including the Client Sections, their displays, and all applications, data, information, multimedia elements such as text, images, graphics, designs, icons, pictures, audio and video samples, and any other content that may make up the Website and Services (collectively, the “Content”), are subject to legal protection under copyright laws and other laws and are the property of the Provider or the Provider’s licensors. The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use the Content for the purpose of using the Services for your personal use and in accordance with the purposes for which the Services are provided. The Content is not sold or transferred to you and remains the property of the Provider or the Provider’s licensors.
VIII.2
All trademarks, logos, trade names and other designations are owned by Provider or Provider's licensors, and Provider does not grant you any authorization to use them.
VIII.3
Both the Customer and the Provider undertake to act in accordance with the principle of fair treatment in the execution of contracts and in collective negotiations and, in particular, not to prejudice the good reputation and legitimate interests of the other party. The Customer and the Provider shall resolve any possible disputes or disagreements between them in accordance with these T&Cs and applicable law.
VIII.4
Except for the rights expressly set out in these T&Cs, the Provider does not grant you any other rights in relation to the Services and other Content. You may only use the Services and other Content as set out in these T&Cs.
VIII.5
When accessing the Services and other Content, the following are prohibited:
VIII.5.1
to use any tool that could adversely affect the operation of the Website and Services or that is intended to exploit errors, bugs or other deficiencies in the Website and Services;
VIII.5.2
to avoid geographical limitations of availability or other technical limitations;
VIII.5.3
to make copies or backups of the Website and other Content;
VIII.5.4
to reverse engineer, decompile, disassemble, or modify the Website and other Content;
VIII.5.5
to sell, rent, lease, license, distribute, reproduce, disseminate, stream, broadcast or otherwise use the Services or Content other than as permitted;
VIII.5.6
to use automated means to view, display, or collect information available through the Website or Services; and
VIII.5.7
using other tools or means the use of which may cause losses to the Provider.
VIII.6
The provisions of Article VIII are not intended to deprive the Customer of any consumer rights that cannot be excluded by law.
IX
DISCLAIMER
IX.1
You acknowledge that the services and other content are provided "as is" with all faults, defects, and inaccuracies, and that your use thereof is at your own risk and responsibility. To the maximum extent permitted by mandatory law, Provider disclaims all statutory, contractual, express, or implied warranties of any kind, including any warranties of quality, merchantability, fitness for a particular purpose, or non-infringement of any rights.
IX.2
To the maximum extent permitted by applicable law, the Provider shall not be liable for any damages, including any indirect, incidental, special, punitive or consequential damages, including lost profits, loss of data, personal or other non-monetary losses or property damages caused as a result of the use of the services or reliance on any tools, functions, information or any other content available in connection with the use of the services or elsewhere on the website. Provider shall not be liable for any products, services, applications or other third party content used by customer in connection with the services. If Provider's liability is concluded in connection with the operation of the website or the provision of the services by a court or other competent authority, this liability shall be limited to an amount equal to the fees paid by customer for the services in connection with the losses suffered by customer.
IX.3
The Provider reserves the right to change, modify, replace, add or remove elements and functions of the service at any time without compensation.
IX.4
The Provider shall not be liable for its failure to provide the purchased Services if such failure occurs due to serious technical or operational reasons beyond the Provider's control, in the event of a crisis or imminent crisis, natural disaster, war, rebellion, pandemic, threat to a large number of people or other force majeure event, and/or if the Provider is prevented from providing the Services as a result of any obligation imposed by law or a decision of a public authority.
IX.5
The provisions of Article XI are not intended to deprive Customers of their Consumer rights or other rights that cannot be excluded by law.
X
VIOLATION OF T&C
If the customer violates the provisions of these t&c in a manner that may cause damage to the Provider, in particular, if the customer accesses the services in accordance with clause I.3 or I.4, if the customer provides incomplete, wrong or out-of-date information in accordance with clause II.3, if the customer acts in a manner that may damage the Provider's good reputation, if the customer violates the demo trading rules in accordance with clause V.4, if the customer acts in accordance with clause VIII.3, and/or if the customer commits any of the such activities in accordance with clause I.3, I.4, or VIII.5, the Provider may prevent the customer from ordering any other services and limit the customer's access to all or only some of the services, including access to the Client Section and the Trading Platform, without prior notice and without any compensation.
XV
FINAL PROVISIONS
XV.1
The Provider has not adopted any consumers codes of conduct.
XV.2
These T&Cs constitute the complete terms and conditions agreed between you and the Provider and supersede all previous agreements relating to the subject matter of the T&Cs, whether oral or written.
XV.3
Nothing in these T&Cs is intended to limit any legal claim set out elsewhere in these T&Cs or arising from applicable law. If the Provider or any authorized third party fails to enforce compliance with these T&Cs, this will not be construed as a waiver of any rights or claims.
XV.4
The Provider may assign any claim arising from these T&C or any agreement to a third party without your consent. You agree that the Provider may, as the assignor, assign its rights and obligations under these T&C or any agreement or any part thereof to a third party. The Customer is not authorized to assign or transfer the Customer's rights and obligations under these T&C or any agreement or any part thereof, or any receivables arising therefrom, in whole or in part, to any third party.
XV.5
If any provision of the T&C is held to be invalid or ineffective, it shall be replaced by a provision that is as close as possible in meaning to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. No past or future practice established between the parties and no general or industry custom relating to the subject matter of the performance, not expressly stated in the T&C, shall apply and no rights or obligations shall arise therefrom for the parties; furthermore, it shall not be taken into account in the interpretation of the parties' expression of intent.
XV.6
The schedule in the T&C is an integral part of the T&C. In the event of any conflict between the wording of the main text of the T&C and the schedule, the main text of the T&C shall prevail.
XV.7
Before mutually accepting these T&Cs, the parties have carefully assessed the risks that may arise from them and accept those risks.