TERMS & CONDITIONS

Welcome to blueguardiancapital.com. The blueguardiancapital.com website (the “Site”) is comprised of various web pages operated by Iconic Exchange Limited (“Blue Guardian Capital”). blueguardiancapital.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of blueguardiancapital.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. These Terms are applicable for all services provided by Blue Guardian Capital; “Site” shall mean all services and interactions made by Blue Guardian Capital.
 

The products and services offered on this Site are not in any way intended to be considered an investment. Blue Guardian Capital provides opportunities for Traders to receive funding by proving their skills in trading by passing evaluations with specific goals that must be achieved in order to pass the evaluations. blueguardiancapital.com is an E-Commerce Site.

​Blue Guardian Capital Is NOT Authorised Or Regulated By The Financial Conduct Authority. Blue Guardian Capital Does Not Undertake Any Regulated Activities. All program fees are used for operation costs including, but not limited to, staff, technology and other business related expenses.

If the backer suspects that a client has abused or attempted to Abuse any risk management rules or guidelines, or otherwise Acted with a lack of good faith towards us, then the company Reserves the right, at its sole discretion, to deny, withhold or Withdraw from that client. If necessary to cancel any terms and Conditions with respect to that client, either temporarily or Permanently, or terminate that client's access to the service And/or block that client's account.

Electronic Communications
 

Visiting blueguardiancapital.com or sending emails to Blue Guardian Capital constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account
 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Blue Guardian Capital is not responsible for third party access to your account that results from theft or misappropriation of your account. Blue Guardian Capital and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
 

Funded Account Terms
 

Evaluation accounts provided by Blue Guardian Capital are subject to 1:100 FOREX leverage. All other instrument leverages are subject to the sole discretion of Blue Guardian Capital and what is deemed reasonable by Blue Guardian Capital to provide to clients based on risk management.

 

The Trader acknowledges and agrees that all Funded Trading Accounts shall be registered in the name of Blue Guardian Capital and the Trader will be granted access to use such account on the terms and conditions set out in this Terms and Conditions. The Trader also agrees that Blue Guardian Capital shall at all times have the right to access the Trader’s Account and the Trader expressly consents to such access Blue Guardian Capital for the purpose of verifying the Trader’s:

  • trading progress;

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

  • compliance with this Terms and Conditions;

The Trader acknowledges and agrees that:

  • no real funds are deposited by Blue Guardian Capital into the Funded Account and that the opening balance of the Funded Account is an artificial balance to which the Trader shall not have any rights to in terms of real funds or in any other manner;

  • all trading on the Funded Account is conducted on a synthetic basis using demo accounts registered solely in the name of Blue Guardian Capital with the partnered broker.

Links to Third Party Sites/Third Party Services
 

blueguardiancapital.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Blue Guardian Capital and Blue Guardian Capital 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 Capital is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blue Guardian Capital of the site or any association with its operators.

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


 

No Unlawful or Prohibited Use/Intellectual Property
 

You are granted a non-exclusive, non-transferable, revocable license to access and use blueguardiancapital.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Blue Guardian Capital that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. 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.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Blue Guardian Capital or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

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 Capital content is not for resale. Your use of the Site does not entitle you to make any unauthorized 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 Capital 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 Capital or our licensors except as expressly authorized by these Terms.

 

International Users
 

The Service is controlled, operated and administered by Iconic Exchange Limited "Blue Guardian Capital" from our office within the UK. If you access the Service from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use Blue Guardian Capital Content accessed through bluegaurdiancapital.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Legal and Market Compliance

Blue Guardian Capital takes compliance with relevant statutes, regulations, and judgments seriously and asks our customer to do the same. Further, Blue Guardian Capital also respects the functioning of the real market. As such, predatory trading practices that interfere with the functioning of the real market are banned on our platform. Predatory trading practices that do not comply with the functioning of the real market include, but not limited to:

1. Use of platform or data freezing

2. Use of delayed data feed

3. Trading on delayed charts

4. Use of hedging trades between accounts

Breach of these Terms or laws in any way may lead to immediate termination of all accounts associated with our services, and no refund or payment of any kind shall be issued. In addition, you may be held civilly and/or criminally liable if you are in breach of these Terms and relevant laws.  

If you need an explanation on any of these points 1-6 please send us an email at support@blueguardiancapital.com

Indemnification

You agree to indemnify, defend and hold harmless Blue Guardian Capital, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Blue Guardian Capital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blue Guardian Capital in asserting any available defenses.

Arbitration

 

The parties hereby expressly and irrevocably agree that all disputes shall be settled exclusively by way of arbitration and agree to use the London Court of International Arbitration. The arbitration shall be based on the laws and regulations applicable in The United Kingdom and the arbitration laws and regulations of any other jurisdictions is/are expressly excluded.

 

The decision of the arbitrator shall be final and binding on the Parties provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this Terms and Conditions and any decision or award shall be consistent with the provisions and intent of this Terms and Conditions. All provisions of the Arbitration Act 1996 of the United Kingdom are expressly excluded from application to this entire Terms and Conditions. Except as otherwise provided and/or as provided by the arbitrator, the Parties shall pay for their own legal and filing fees.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Blue Guardian Capital agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Iconic Exchange Limited and/or its suppliers may make improvements and/or changes in the site at any time.

 

Iconic Exchange Limited and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Iconic Exchange Limited and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall Iconic Exchange Limited and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Iconic Exchange Limited or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction

Blue Guardian Capital reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blue Guardian Capital as a result of this agreement or use of the Site. Blue Guardian Capital's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Blue Guardian Capital's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Blue Guardian Capital with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Blue Guardian Capital with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Blue Guardian Capital with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

We offer our products and services such as but not limited to the "Evaluation", to all users and they are free to use any strategy they wish to pass our Evaluation. We reserve the right to accept or deny any user becoming one of our Funded Traders, subject to our discretion and review of an individual's Evaluation program. Even if all trading objectives are passed, we reserve the right to accept or deny any trader at our own discretion, for reasons such as but not limited to:  high-risk trading behaviour, gambling, breaking rules/parameters, inconsistency/instability or use of a strategy that would put us at financial risk  and does not respect real market conditions. In the case of a trader successfully passes all Evaluation objectives but is denied funding, we may provide a 100% full refund or offer them the chance of retaking the phase.

Changes to Terms

Blue Guardian Capital reserves the right, in its sole discretion, to change the Terms under which blueguardiancapital.com is offered. The most current version of the Terms will supersede all previous versions. Blue Guardian Capital encourages you to periodically review the Terms to stay informed of our updates.

 

Age Restriction

Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.

Refund Policy

Try Before You Buy

Blue Guardian Evaluations are available for purchase on our website. Our Evaluation Programs are on Metatrader 4 with Purple Trading Seychelles demo accounts. Purple Trading Seychelles  allows you to create a demo account under the same conditions as our Evaluation accounts(except commission) to let customers evaluate and familiarize themselves with the trading platform prior to making a purchase decision. We strongly recommend that all customers download, install, and test the demo account before making a purchase and taking our evaluation.

 

Refunds Post-Purchase

Once a purchase has been made and the evaluation credentials have been emailed to the customer, no refunds under any circumstances will be accepted. Customers have the ability to "try before you buy" as noted above and can clearly have a full experience and know what to expect. All sales are final.

 

Refunds Upon Completion of the Evaluation Program

After you have successfully completed the Evaluation Program and proceeded to the proprietary trading phase, you will receive a refund of the initial fee with your first successful profit split. Your evaluation fee will not be refunded until you have reached your first profit split.

 

Acceptance of this Policy

It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us. Please contact us at support@blueguardiancapital.com should you have any questions regarding our refund policy.

Chargebacks

 

The User expressly agrees not to make any chargeback claims on any payments made to Blue Guardian Capital whether by way of credit card, Paypal or any other payment channel without first contacting Blue Guardian Capital. In any such situation, the User expressly agrees to provide Blue Guardian Capital with full details relating to the intended chargeback claim.

 

If the User makes any chargeback claim, Blue Guardian Capital shall at all times be entitled to suspend any Membership Accounts of the User and suspend the payments of any profit payouts from such accounts to the User.

 

If the User makes any chargeback claim, Blue Guardian Capital shall be entitled to recover from the User any amounts paid by Blue Guardian Capital to the User in respect of any Membership Accounts of the User, including but not limited to any and all profit payouts without exception.

 

If the User makes any chargeback claim whether successful or not, the User expressly agrees to pay for all costs incurred by Blue Guardian Capital in respect of defending such chargeback claims, including but not limited to all lawyer and other legal fees.

Disclaimer

 

Blue Guardian Capital acts only as an intermediary between traders and the publicly available MT4 Platforms. Blue Guardian Capital provides a service that is for the purpose of simulation, practice and study. There is no employment relationship between Blue Guardian Capital and the traders.

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

•  The free and publicly available MT4 Platform is offered to self-directed customers (traders) by us. Whilst operating entirely under demo conditions, traders 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 of which Blue Guardian Capital is not liable and does not have control of.

• Traders who pass our "Funded" account and are successful, are paid for by us, Blue Guardian Capital entirely.

•  Blue Guardian Capital 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.

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

• Blue Guardian Capital does not guarantee the accuracy, timeliness, completeness, or usefulness of Third Party Content, such as but not limited to the free and publicly available MT4/MT5 Platform and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. All content, products and services on this Website strictly FOR EDUCATIONAL PURPOSES only