Iconic Exchange Limited T/A Blue Guardian

Evaluation Terms & Conditions

1.      About Blue Guardian

1.1   The blueguardian.com website (the “Site”) is operated by Iconic Exchange Limited trading as Blue Guardian (“Blue Guardian”). Blue Guardian is registered in England and Wales under company number 12087566.

1.2   To contact us, please email [email protected].

1.3   The products and services offered on this Site are not in any way intended to be considered an investment. Blue Guardian provides opportunities for traders to receive funding by proving their skills in trading by passing evaluations with specific rules and goals that must be achieved in order to pass the evaluations at both Phase 1 and Phase 2 stages (“Evaluations”). Any traders who pass the Evaluations may be given the opportunity to become a funder trader.

1.4   Blue Guardian is not authorised or regulated by the Financial Conduct Authority, nor does it undertake any Regulated Activities (as defined in the Financial Conduct Authority Handbook).

2.      Our Contract with You

2.1   These terms and conditions (“Terms”) apply your purchase of Evaluations from Blue Guardian (the “Contract”). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. Please read these Terms carefully and keep a copy of them for your reference.

2.2   The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3     These Terms and the Contract are made only in the English language.

3.      Age Restriction

You must be over the age of 18. You represent and warrant that you are over the age of 18. We do not target, market, or promote the Site or Evaluations to those under 18. We do not permit any person under the age of 18 to use the Site or purchase any Evaluations.

4.      International Users

The Site is directed to people residing in the United Kingdom. Blue Guardian does not represent that content available on or through the Site or the use of the evaluation accounts is appropriate for use or available in other locations. If you access the Site and purchase Evaluations from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the Site or any evaluation account in any manner prohibited by any applicable laws, restrictions or regulations.

5.      Registering for an Evaluation Account

5.1     Please follow the onscreen prompts to register for an evaluation account. You may only register using the method set out on the Site.

5.2     Our registration process allows you to check and amend any errors before submitting your registration form to us. Please check the registration form carefully before confirming it. You warrant and represent that any information you provide on your registration form is complete, true and accurate.

5.3     After you submit your registration form, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your registration has been accepted. Our acceptance of your registration will take place as described in clause 5.4.

5.4     Our acceptance of your registration takes place when we send an email to you to confirm it, at which point and on which date the Contract between you and us will come into existence.

6.      Your Account

6.1     If you use the Site and/or purchase an Evaluation, you are responsible for maintaining the confidentiality of your account and password, user identification code or other information issued to you as part of Blue Guardian’s security procedures, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, user identification code or other information.

6.2     Blue Guardian has the right to disable any user identification code or password, whether chosen by you or allocated by Blue Guardian, at any time, if in Blue Guardian’s reasonable opinion you have failed to comply with any of the provisions of these Terms.

6.3     If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Blue Guardian at [email protected].

6.4     You may not assign or otherwise transfer your account to any other person or entity.

6.5     You acknowledge and agree that Blue Guardian is not responsible for third party access to your account that results from theft or misappropriation of your account. Blue Guardian reserves the right to suspend access to your account or terminate the Contract with immediate effect in its sole discretion in the event that you fail to comply with this clause 6.

7.      Evaluation Account Terms

7.1     Evaluation accounts provided by Blue Guardian are subject to 1:100 FOREX, 1:50 CFD Indices, 1:24 CFD Commodities, and 1:2 CFD Crypto leverage. All other instrument leverages are subject to the sole discretion of Blue Guardian and what is deemed reasonable by Blue Guardian to provide to its clients based on risk management.

7.2     You acknowledge and agree that all evaluation accounts shall be registered in the name of Blue Guardian and you will be granted access to use such account on the terms and conditions set out in these Terms. You also agree that Blue Guardian shall at all times have the right to access your evaluation account and you expressly agree to such access by Blue Guardian for the purpose of verifying:

7.2.1   your trading progress;

7.2.2   that the required profit pay out targets have been met; and

7.2.3    your compliance with these Terms and the Trading Objectives (as defined in clause 14.1).

7.3     You acknowledge and agree that:

7.3.1   no real funds are deposited by Blue Guardian into the evaluation account and that the opening balance of the evaluation account is an artificial balance to which you shall not have any rights to in terms of real funds or in any other manner; and

7.3.2   all trading on the evaluation account is conducted on a synthetic basis using demo accounts registered solely in the name of Blue Guardian with its partnered broker.

7.4     You shall use the evaluation account in accordance with the Trading Rules set out on the Site at https://www.blueguardian.com/faq and clause 13.

7.5     You acknowledge and agree that the trading platform on which you carry out demo trading as part of the Evaluation is provided by a third party provider and your use of such trading platform is subject to the terms and conditions of such third party. You shall agree to, and comply with, such third party provider’s terms and conditions for the use of the third party provider’s trading platform. Blue Guardian makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the use of such trading platform, or any transactions completed, and any contract entered into by you, with any such third party provider. Any contract entered into in relation to the use of the trading platform is between you and the third party provider, and not Blue Guardian.

7.6     You acknowledge and agree that:

7.6.1   Blue Guardian provides a service that is for the purpose of simulation, practice and study.

7.6.2   There is no employment relationship between Blue Guardian and you.

7.6.3   All purchases and investments involve risks, including the possible loss of capital.

7.6.4   The MT4 and MT5 trading platforms are free and publicly available. Whilst operating entirely under demo conditions, you should be aware that system response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors which Blue Guardian does not have control of and shall have no liability in respect of.

7.6.5   Blue Guardian is not an investment fund, prop fund or hedge fund or a brokerage. We do not offer securities (stocks, forex, cryptocurrencies and CFD’s) to traders directly to trade, neither do we accept any deposits from investors or traders to provide a return (profit) on same.

7.6.6   This is not an offer, solicitation of an offer, or advice to buy or sell securities or engage in currency (forex trading).

7.6.7   Blue Guardian does not guarantee the accuracy, timeliness, completeness, or usefulness of any third party content, including but not limited to the free and publicly available trading platforms and is not responsible or liable for any content, advertising, products, or other materials on or available from third party websites.

7.7     Blue Guardian may from time to time make available to you the “Guardian Protector” function within your trading dashboard for your evaluation account, which enables you to set an equity stop limit on your account. This function is provided at no additional charge. You acknowledge and agree that the use of the “Guardian Protector” function and the setting of an equity stop limit on your account may not necessarily limit your losses to the specified amount and market conditions may make it impossible for Blue Guardian to execute orders in such a manner as to ensure that losses fall within the equity stop limit. You acknowledge and agree that, notwithstanding you setting an equity stop limit on your account using the “Guardian Protector” function, you are responsible for ensuring that your trading activity is within applicable loss limits.

8.      Links to Third Party Sites/Third Party Services

8.1     The Site may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Blue Guardian and Blue Guardian is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blue Guardian is providing these links to you for your information only, and the inclusion of any link should not be interpreted as approval by Blue Guardian of the Linked Site or any association with its operators or any information you may obtain from the Linked Site.

8.2     Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Blue Guardian may share such information and data with any third party with whom Blue Guardian has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

9.      Intellectual Property

9.1     Blue Guardian is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it, and Evaluations. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2     Blue Guardian’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged (except where the content is user-generated).

9.3     As a condition of your use of the Site, you warrant to Blue Guardian that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

9.4     You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

9.5     Blue Guardian does not guarantee that the Site will be secure or free from bugs or viruses.

9.6     You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

9.7     You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Blue Guardian will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

9.8     You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Blue Guardian content is not for resale. Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Blue Guardian and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Blue Guardian or our licensors except as expressly authorised by these Terms.

10.   Evaluation Fees

10.1  In consideration of Blue Guardian providing the Evaluation you must pay the evaluation fee quoted on the Site at the time you submit your registration form to Blue Guardian and purchase an Evaluation in accordance with this clause 10.

10.2  Blue Guardian takes all reasonable care to ensure that the evaluation fees stated on the Site are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our reasonable efforts, some of the evaluation fees on the Site may be incorrect. If the correct evaluation fee is higher than the fee stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to register for an evaluation account at the correct price or cancelling your registration. We will not process your registration form until we have your instructions. If we are unable to contact you using the contact details you provided during the registration process, we will treat the registration as cancelled and notify you in writing. However, if we mistakenly accept and process your registration where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the registration and refund you any sums you have paid.

10.3  The evaluation fees may change from time to time, but changes will not affect any existing purchase of an Evaluation.

10.4  The evaluation fees are non-refundable, save in the circumstances set out in Blue Guardian’s Refund Policy pursuant to clause 12. You shall not be entitled to a refund of the evaluation fees simply by reason of you failing to successfully complete the Evaluation and becoming a Funded Trader (as defined in clause 14).

11.   How to Pay

11.1  Payment for the evaluation account is in advance. We will take your payment upon acceptance of your registration form.

11.2  You can pay using a debit card or credit card

12.   Refund Policy

Blue Guardian’s Refund Policy [SA1]  https://www.blueguardian.com/refundpolicy sets out the circumstances in which Blue Guardian will refund the evaluation fee to you.

13.   Legal and Market Compliance and Prohibited Practices

13.1  Blue Guardian takes compliance with relevant statutes, regulations, and judgments seriously and you must comply with all applicable laws, statutes, regulations and judgments during the Evaluation.

13.2  You must not use the evaluation account or trading platform to carry out or participate in predatory, forbidden, unlawful, illegal or prohibited trading practices that interfere with the functioning of the real market, including, but not limited to:

13.2.1     use of the trading platform for data freezing;

13.2.2     knowingly or unknowingly using trading strategies that exploit errors in the trading platform or evaluation account such as errors in the display of prices or delay in their updates;

13.2.3     performing trades using an external, delayed or slow data feed or trading on delayed charts;

13.2.4     performing, alone or in concert with any other persons (including between connected accounts) or accounts held with different Blue Guardian entities, trades or combinations of trades the purpose of which is to manipulate trading, for example by simultaneously entering into opposite positions;

13.2.5     use of hedging trades between accounts;

13.2.6     high frequency trading;

13.2.7     gap billing;

13.2.8     performing trades or using the evaluation account otherwise that in accordance with the terms and conditions of the third party provider of the trading platform and the rules set out at https://www.blueguardian.com/faq;

13.2.9     use of any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give you an unfair advantage when using, our systems or services;

13.2.10   otherwise perform trades in contradiction with how trading is actually performed in the forex market or in any other financial market, or in a way that establishes justified concerns that Blue Guardian might suffer financial or other harm as a result of the trader’s activities;

13.2.11   use of arbitrage or tick scalping strategies;

13.2.12   placing the same trades manually via copier or expert on an evaluation account and an external account at a time;

13.2.13   performing, alone or in concert with others (including, but not limited to, between connected accounts), the same trading strategy (i.e. perform the same trades in the same time, on multiple evaluation accounts while performing demo trading with Blue Guardian; or

13.2.14   sharing or disclosing live trades with any third party.

13.3  Blue Guardian reserves the right to determine (in its sole discretion) whether any use of the evaluation account or trading activity conducted via the trading platform constitutes predatory, forbidden, unlawful, illegal or prohibited trading practices.

13.4  Any breach of this clause 13 shall be considered a material breach for the purposes of clause 17.1.1. If you breach, or Blue Guardian reasonably suspects that you have breached, any provision of this clause 13, Blue Guardian may, without prejudice to any other right or remedy available to Blue Guardian:

13.4.1      terminate the Contract;

13.4.2      suspend access to the evaluation account;

13.4.3     disregard any trading activity carried out on an evaluation account that Blue Guardian considers to constitute predatory, forbidden, unlawful, illegal or prohibited trading practices and return the evaluation account so that such trading activities are not shown on the evaluation account; and/or

13.4.4      refuse to accept you as a Funded Trader.

14.   Evaluation Process

14.1  Evaluations consist of two phases, Phase 1 and Phase 2. For Phase 1, if you meet the trading objectives set out at https://www.blueguardian.com/evaluations, as amended by Blue Guardian from time to time (“Trading Objectives”) within the relevant time period, you will automatically pass the evaluation for Phase 1 and progress to Phase 2. For Phase 2, if you meet the Trading Objectives within the relevant time period, you will automatically pass the evaluation for Phase 2, but this does not mean than you have successfully met the Trading Objectives and completed the evaluation. On being notified that you passed the evaluation for Phase 2, you shall request a final evaluation by Blue Guardian and, on receipt of your request, Blue Guardian shall assess whether you have met the Trading Objectives and shall notify you whether you have met such Trading Objectives and successfully completed the Evaluation.

14.2  If Blue Guardian notifies you that you have successfully completed the Evaluations, you will be invited to become a funded trader, subject to you agreeing and entering into out Funder Trader Agreement (“Funded Trader”).

14.3  Blue Guardian reserves the right (in its sole discretion) to accept or deny any user becoming one of its Funded Traders, even if all Trading Objectives are passed for any reason. If you successfully meet all Trading Objectives but are denied becoming a Funded Trader, we may provide a full refund or offer you the chance of retaking the Evaluation.

14.4  Blue Guardian’s decision as to whether you have successfully completed an Evaluation is final.

14.5  You shall not be entitled to any refund if

15.   Indemnity

15.1  You shall indemnify Blue Guardian against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Blue Guardian arising out of or in connection with:

15.1.1       your use of the Site or the evaluation account otherwise than in accordance with the Contract;

15.1.2       your breach or negligent performance or non-performance of the Contract; or

15.1.3       any claim made against Blue Guardian for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Site or the evaluation account.

16.   Liability

16.1  Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

16.1.1         death or personal injury caused by negligence;

16.1.2         fraud or fraudulent misrepresentation; and

16.1.3         breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

16.2  Subject to clause 16.1, Blue Guardian will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, and any indirect or consequential loss.

16.3  Subject to clause 16.1 and clause 16.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total evaluation fees paid under the Contract.

16.4  Blue Guardian will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

16.4.1   use of, or inability to use, the Site; or

16.4.2   use of or reliance on any content displayed on the Site.

16.5  Blue Guardian may update and change the Site from time to time.

16.6  Any implied terms, conditions, warranties, or representations are, to the fullest extent permitted by law, excluded from the Contract.

16.7  This clause 16 will survive termination of the Contract.

17.   Termination and Suspension

17.1  Without limiting any of its other rights, Blue Guardian may suspend the performance of the Evaluation, or terminate the Contract with immediate effect by giving written notice to you if:

17.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;

17.1.2    you fail to pay any amount due under the Contract on the due date for payment;

17.1.3    you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

17.1.4    you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

17.1.5    your financial position deteriorates to such an extent that in Blue Guardian’s opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

17.2  Termination of the Contract will not affect your or Blue Guardian’s rights and remedies that have accrued as at termination.

17.3  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

18.   Use Of Your Personal Information

18.1  Blue Guardian will use any personal information you provide to it to:

18.1.1     provide the Evaluations;

18.1.2     process your payment for the Evaluations; and

18.1.3     inform you about similar products or services that it provides, but you may stop receiving these at any time by contacting Blue Guardian.

18.2  Blue Guardian will process your personal information in accordance with our https://www.blueguardian.com/policypolicy, the terms of which are incorporated into this Contract.

19.   Changes to Terms

Blue Guardian may amend these Terms from time to time on giving written notice of the amendment to you.

20.   Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

21.   Assignment and other dealings

21.1  Blue Guardian may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

21.2  You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Blue Guardian.

22.   Confidentiality

22.1  Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 22.2.

22.2  Each party may disclose the other party’s confidential information:

22.2.1    to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 22; and

22.2.2    as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

22.3  Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

23.   Variation

Except as set out in these Terms, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

24.   Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

25.   Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part-provision of this Contract deleted under this clause 25 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

26.   Notices

26.1  All communications given by Blue Guardian in connection with the Contract will be sent to your e-mail address, as specified in the form you submitted to register for an evaluation account. All communications given you in connection with this Agreement shall be sent to [email protected].  Each of Blue Guardian and you may change its email address by notifying the other in writing of the change.

26.2  Any notice given to a party under or in connection with the Contract shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified in clause 26.1.

26.3  Any notice shall be deemed to have been received:

26.3.1    if delivered by hand, at the time the notice is left at the proper address;

26.3.2    if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

26.3.3 if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 26.3.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

26.4  This clause 26 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

27.   Third party rights

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

28.   Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

29.   Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.