Accreditation & Live Portfolio Manager Contract:
Terms and Conditions

Last Updated 10 June, 2022

These Terms and Conditions may be subject to change at any time. Ultra Capital Fund reserves the right to change, amend or add to these terms and conditions at any time.

By purchasing a one time fee Ultra8 Smart Accreditation Plan, The LPM/Accreditation Plan Trader (THE CLIENT) acknowledges that they have read and agreed to be bound by these Terms and Conditions as well as to the Ultra Capital Fund (THE COMPANY) Terms of use and all other terms that may be outlined in and around our website and services.

If the Company suspects that a Client has abused or attempted to abuse, or otherwise acted with a lack of good faith towards us, then the Company reserves the right, at its sole discretion, to deny, the client promotion and 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.

By commencing any service with Ultra Capital Fund, the client expressly agrees to receive and read accreditation plan updates, announcements, account queries, breach notices, account management communications, and limited marketing material relevant to the plan they have purchased, via email, SMS, and phone where relevant.

Restrictions and Responsibilities:
Except as otherwise permitted by the Copyright Act 1968 (Cth) or agreed to in writing by Ultra Capital Enterprises Pty Ltd, the Client must not reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify or otherwise reverse engineer all or any part of the Services or any software, documentation or data related to the services or website.

The Client represents, covenants, and warrants that the Client will use the Services only in compliance with the Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.

The Client hereby agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Client’s use of Services. 

The Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The Client shall also be responsible for maintaining the security of the Equipment, the Client account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Client account or the Equipment with or without the Client’s knowledge or consent.

Confidentiality and Proprietary Rights:
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of the Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of the Client includes non-public data provided by the Client to the Company to enable the provision of the Services (“Client Data”).
The Receiving Party agrees:

1.    To take reasonable precautions to protect such Proprietary Information, and
2.    Not to use (except in performance of the Services or as otherwise permitted in this Agreement) or divulge to any third person any such Proprietary Information.

The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

The Client shall own all right, title and interest in and to the Client Data, as well as any data that is based on or derived from the Client Data and provided to the Client as part of the Services. The Company shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

Notwithstanding anything to the contrary, the Company shall have the right collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Client Data and data derived therefrom), and the Company will be free (during and after the term) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
No rights or licenses are granted except as expressly set out in this Agreement.

General Terms and Conditions:
Participation is not allowed for persons under the age of 18 or otherwise under the legal age in their country of residence ("minors").
If the Client does not understand the risks involved, he/she should seek advice and consultation from an independent financial advisor. If the Client still does not understand the risks involved in trading in any Financial Instruments, he/she should not trade at all.

The Client understands how OTC and Trading Platforms behave, including but not limited to, spreads, volatility and liquidity. The client is responsible for all trading decisions and orders placed and understands that FX/CFD market services are a 24/5 live environment that is subject to market volatility and liquidity fluctuations.

Clients, who undertake transactions on an electronic trading system, will be exposed to risks associated with the system including the failure of hardware and software (Internet/Servers). The result of any system failure may be that an order is either not executed according to the instructions provided for it or is not executed at all.

The Client acknowledges that any trading activity, positions, or losses undertaken by anyone or any device or third party on behalf of the Client, are bound by these terms and conditions. Although the Company does not prohibit Clients from delegation of trading activities, all transactions and trading activity is the sole responsibility of the Client who is authorized to trade the account.

The Client acknowledges and understands that any breaches of these terms and conditions due to shortfalls in electronic trading systems or technology, are the responsibility of the client, not the Company. Clients are expected to have experience in trading and using electronic trading systems and platforms, including Metatrader5 and any user errors or mistakes made are the responsibility of the Client.

On the live funded account the client is supposed to follow all the agreed trading rules regarding the funding option chosen. A pattern of unauthorized trading will cause the funds to be pulled.

Within the accreditation stage, the risk team would require consistent behaviour each trading day with proper risk management with the use of allowed strategies to review your suitability properly before promotion onto the LPM stages/Live funds. In some cases your review may be extended by the risk team to get promotion to the LPM stage or live funds. 

All rules of the accreditation program need to be followed strictly. 
Although we will use common sense, good will and fair judgement, Ultra Capital reserve the right to disable and/or terminate any program, plan or account if any rules or guidelines are breached. Ultra Capital also reserves the right to use their discretion and may revert to liquidity providers, investors and backers for judgment.

The client agrees that by breaching any of the rules of the plan they are trading, whether it be communicated by the company at the time of the breach, or via the company’s systems and processes during the accreditation program with sufficient evidence of the breach, they are breaching their agreement with Ultra Capital Fund. By doing so, the client so acknowledges that a breach of the above may conclude the review and disqualify any claim for refund as services have been rendered and completed. 

If an LPM breaches their agreement, in addition, the breach may conclude your contract with Ultra Capital Fund and profits earned may be forfeited at the discretion of the Company or its liquidity providers or backers.

During the Accreditation Review, traders must achieve the minimum target agreed to, within the timeframe agreed to as outlined by the plan details chosen. 

These Terms and Conditions are made in English language. Any other language translation is provided as a convenience only. In the case of any inconsistency or discrepancy between original English texts and their translation into any other language, as the case may be, original versions of English shall prevail.