Challenge Policies

2.1.

The Customer is prohibited from conducting trades that contravene the stipulations outlined in this section or the FAQ. Any trades that violate these stipulations are strictly forbidden. The Customer must adhere to the rules and guidelines outlined in this section, as well as those established by the FAQ when utilizing the Services.

2.1.1.

The Customer must not intentionally or unintentionally use trading strategies that exploit errors in the Services, such as inaccuracies in displayed prices or delays in their updates, including but not limited to practices commonly known as Latency Trading.

2.1.2.

Executing trades using an external or slow data feed or performing gap trading is prohibited for the Customer.

2.1.3.

Engaging, either alone or in cooperation with others, in any trades or combinations of trades across connected accounts or accounts held within the platform, if the purpose is to manipulate trading, commonly referred to as “Group Trading,” is forbidden. Examples of such manipulation include entering into opposite positions simultaneously.

2.1.4.

The use of any software, artificial intelligence, ultra-high speed, high-frequency trading, or mass data entry that could manipulate or abuse the Provider’s systems or services, or provide an unfair advantage, is prohibited for the Customer.

2.1.5.

Performing arbitrage (of any kind), including but not limited to triangular arbitrage, statistical arbitrage, latency arbitrage, market-making arbitrage, spatial arbitrage, pairs trading arbitrage, risk arbitrage, convertible arbitrage, volatility arbitrage, dividend arbitrage, tax arbitrage, yield curve arbitrage, or any other form of arbitrage that may exploit pricing differences between different markets or exchanges, is prohibited for the Customer.

2.1.6.

Employing strategies that guarantee the execution of limit orders during periods of low liquidity is prohibited for the Customer, as such practices do not reflect actual market conditions and therefore contravene the realistic trading simulation standards maintained by The Provider.

2.1.7.

Performing trades that are inconsistent with typical forex or any other financial market operations is prohibited for the Customer. They should also avoid any activities that may cause financial or other harm to The Provider, such as over-leveraging, over-exposure, making one-sided bets, grid trading, tick scalping, or account rolling. Engaging in any of these activities may raise valid concerns about intentionally harming the Provider.

2.1.8.

Engaging in copy trading, where trades mimic or replicate the trading activities of other traders or entities without prior authorization from The Provider, is prohibited for the Customer.

2.1.9.

The Customer, or any third party, is prohibited from participating in or collaborating to have a third party execute trades for the Customer, whether such third party is a private individual or a professional, or to permit access to or trading on their Brillant Capital Challenge Account by any third party.

2.1.10.

Accessing any third-party Brillant Capital Challenge Account, trading on behalf of any third party, or conducting any account management or similar services where the Customer commits to trade, run, or manage a Brillant Capital Account on behalf of another user, whether professionally or otherwise, is prohibited for the Customer.

2.1.11.

Opening positions with sizes that are noticeably larger than those of the Customer’s other trades, whether on this account or another one of theirs, is prohibited.

2.1.12.

Opening positions with numbers that are noticeably smaller or larger than those of the Customer’s other trades, whether on this account or another one of theirs, is prohibited.

2.1.13.

Using a high level of margin or an extremely risky trading strategy is prohibited for the Customer.

2.2

Brillant Capital retains the exclusive right to impose trading restrictions, modify account parameters, or terminate trading accounts at its sole discretion to ensure the stability and integrity of its trading environment and platform. This right may be exercised under circumstances including, but not limited to:

2.2.1.

If Brillant Capital determines that a client’s trading strategy, behavior, or specific trade(s) pose a risk that is deemed excessive or unmanageable under current market conditions, and that such risk could adversely affect Brillant Capital or its customers.

2.2.2.

If trading practices are found to be incompatible with standard market operations or Brillant Capital’s risk management policies, including but not limited to the use of high leverage, over-exposure, unusually large or small lot sizes, or strategies that could potentially disrupt market equilibrium.

2.2.3.

If there are inconsistencies in trading patterns, such as a significant deviation from the client’s historical trading behavior, or if the client’s trading behavior significantly deviates from generally accepted market practices.

2.2.4.

If it is determined that a client’s trading activities could lead to financial harm or operational disruption to Brillant Capital or any third parties, Brillant Capital reserves the right to limit or restrict the client’s trading activities.

2.2.5.

Brillant Capital may impose restrictions to ensure compliance with applicable regulatory requirements, operational protocols, or internal policies designed to maintain a secure trading environment.

2.3.

To maintain transparency and ensure effective management of trading practices, Brillant Capital will take the following actions when implementing trading restrictions or modifications:

2.3.1.

Brillant Capital will make reasonable efforts to notify the client of any trading restrictions, modifications, or account terminations, providing the reasons for such actions. However, in cases where immediate action is required to protect the integrity of the platform, Brillant Capital may implement changes without prior notice.

2.3.2.

Clients will have the opportunity to request a review of any imposed restrictions or account actions. Brillant Capital will consider appeals on a case-by-case basis but reserves the right to uphold its original decision to ensure the protection of its trading environment.

2.3.3.

Brillant Capital shall not be liable for any direct, indirect, incidental, or consequential losses or damages resulting from the imposition of trading restrictions or account termination. Clients agree to hold Brillant Capital harmless against any claims arising from such actions.

2.4.

If any or all of the Prohibited Trading Practices are carried out on one or more Brillant Capital Challenge Accounts of a Customer or on accounts of different Customers, or by combining trading through Brillant Capital Challenge Accounts and any Brillant Capital Accounts, The Provider is entitled to cancel all Services and terminate all relevant contracts in respect of all Brillant Capital Challenge Accounts of the Customer. The Provider may take any actions outlined in Sections 2.2 and 2.3 at its sole discretion. In such a case, the Customer shall not be entitled to a refund of the fees paid.

2.5.

If the Customer repeatedly engages in any of the practices described in Article 2.1, and the Provider has previously notified the Customer thereof, the Provider may deny the Customer access to all or part of the Services, including access to the Dashboard and the Trading Platform, without any compensation.

2.6.

The Provider shall not bear any responsibility for trading or other investment activities that the Customer performs outside the relationship with The Provider, e.g., by using data or other information from the Customer Portal, the trading platform, or in any other way in connection with the services in real trading on the financial markets, even if the Customer uses the same trading platform for such trading that it uses for demo trading. This shall also apply in particular to any services of third parties which the Customer uses via the platform.

GrowthNext - F.Z.E. is to implement robust and comprehensive procedures in accordance with legal and regulatory requirements pertaining to Know Your Customer (KYC), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD).

3.1. Know Your Customer (KYC):

The objectives of the Know Your Customer (KYC) procedures are to:

3.1.1.

Establish a streamlined and efficient mechanism for identifying and vetting prospective Counterparties.

3.1.2.

Mitigate the risks of money laundering by acquiring and analyzing relevant information.

3.1.3.

Facilitate the detection of suspicious transactions by identifying inconsistencies with the information received.

KYC verification must be conducted solely by the individual account holder. Multiple individuals attempting KYC verification for a single account are strictly prohibited. If such violations are detected, the Provider holds the right to terminate the account with immediate effect.

3.2. Customer Due Diligence (CDD):

CDD is a mandatory process for initiating and maintaining engagements with Counterparties. The CDD protocol mandates:

3.2.1.

Collecting verifiable identification data from Counterparties to unequivocally establish their identity.

3.2.2.

Understanding the intended nature and purpose of the Counterparty’s trading activities, including the strategies to be employed and the financial market knowledge to be assessed.

3.2.3.

Performing ongoing monitoring of trading activities to ensure they are consistent with the Counterparty’s stated trading strategy, risk profile, and financial resources.

3.3. Enhanced Due Diligence (EDD):

For business relationships or transactions that present a heightened risk, as determined by The Provider’s risk assessment, EDD will be implemented. These enhanced measures exceed standard CDD requirements and include:

3.3.1.

Obtaining additional identity verification documents, particularly in cases where standard documentation has proven insufficient or questionable.

3.3.2.

Conducting a detailed interview, which may include a video call, to personally engage with the Counterparty and better assess their legitimacy.

3.3.3.

Gaining deeper insight into the Counterparty’s trading methodology to ensure it aligns with our risk tolerance and the ethical trading standards set forth by GrowthNext - F.Z.E..

3.3.4.

Implementing intensified and ongoing monitoring of the Counterparty’s trading activities, to dynamically evaluate adherence to agreed-upon practices and risk parameters.

3.4. Know Your Customer (KYC) Procedures by GrowthNext - F.Z.E.

The Provider shall undertake KYC measures for all proposed transactions and business relationships. Under general KYC measures, the Provider shall take the following steps to ensure a transparent KYC process:

3.4.1

Verify the identity of the Counterparty based on original or properly certified documents after the challenge phases have been successfully completed. The KYC verification process shall be initiated first.

3.4.2

Upon starting verification, the Counterparty shall be vetted through two options: scanning a QR code or receiving a verification link via SMS. The Counterparty will receive instructions upon choosing the convenient option.

3.4.3.

The Counterparty shall be asked to submit specific documents. The documents submitted for verification must be issued by a government authority or an official body. The documents may include a valid photo ID such as:
‍
•⁠  National ID
•⁠  ⁠Passport
•⁠  ⁠Driving License

3.4.4.

KYC verification shall not be completed if expired documents are provided. Only the most recent and valid documents will be accepted to proceed with the verification process.

3.4.5.

After gathering the necessary documents, the Counterparty shall be directed to the “Agreement Signing” stage. They must provide a full name and address and agree to the terms mentioned in the agreement. Following these steps, the verification process shall commence and may take 48-72 hours.

3.4.6.

The Provider requires strict compliance with these measures. The Provider reserves the right to refuse or discontinue any business engagement with a Counterparty if the CDD, EDD, or KYC criteria, as outlined herein, are not satisfactorily met.

3.4.7.

It is to be noted that failure to pass the KYC verification process shall result in the rejection of the Counterparty’s Brillant Capital Account application.

3.4.8.

The Provider conducts the KYC process through trusted third-party service providers such as Veriff, Sumsub, or other equivalent providers. It is hereby clarified that the KYC verification is not performed directly by the Provider.

3.4.9.

The Provider does not store or hold any KYC data on its systems. All KYC information submitted by the Counterparty is processed and secured by the respective third-party service providers. The handling of data is governed by the Provider’s Privacy Policy.

4.1 Termination Request by Customer:

A Customer wishing to terminate their Client Section must send a request to support@Brillantcapital.com 
Such a request constitutes a desire to end the contractual relationship, resulting in loss of access to all Services, including the Client Section and Trading Platform. The Provider will confirm receipt of the request via email, officially ending the contract. Under these circumstances, the Customer forfeits any right to refunds of fees or other expenditures previously paid.

4.2 Severe Violations:

In cases where the Customer engages in prohibited practices of a serious nature, the Provider reserves the right to restrict access to all Services and terminate the Customer's account immediately, without compensation. This may occur without prior warning, and no refunds will be issued for any fees paid in such instances. Additionally, any payments made for add-ons will not be refunded, regardless of eligibility. The Provider retains full discretion in determining the severity of the violation and appropriate corrective action.

4.3 Activation of Services:

Upon paying the fee for the Brillant Capital Challenge program, the Customer will receive login data. By executing the first trade, the Customer acknowledges and agrees that the Provider completes the Services before the withdrawal period ends, waiving the right to contract withdrawal.

4.4 Non-Activation:

If the Customer does not activate the Brillant Capital Challenge within 30 calendar days, access will be suspended. Renewal of access can be requested via email to support@Brillant Capital.com, subject to any applicable terms.

4.5 Disputes and Chargebacks:

In the event of an unjustifiable fee dispute or chargeback by the Customer, the Provider reserves the right to cease services and deny future services at its discretion.

4.6 Refunds:

A refund request must be made within 7 days of registration if no trading activity has occurred. Once trading commences, fees become nonrefundable, with no provision for full or partial refunds

5.1.

If the Customer raises a dispute regarding a transaction made to Brillant Capital, the trading account associated with the disputed transaction will be paused as per our Brillant Capital CFDs Challenge Terms.

5.2.

Brillant Capital reserves the right to permanently suspend any Customer found to have raised a false dispute. A false dispute is defined as a situation where the services provided by Brillant Capital were delivered without issue, yet the Customer initiated a dispute against the transaction.

5.3.

If the Customer wishes to reactivate a trading account for which a dispute was raised, they must first withdraw the dispute and provide Brillant Capital with official proof of the dispute withdrawal. Upon receipt of this proof, our Risk Management Team will verify the provided documents. Once the verification process is completed, the trading account will be reactivated.

5.4.

Please note that the verification of dispute withdrawals and the subsequent account reactivation process may take 45 to 60 business days. The Customer is strongly encouraged to contact our support team before initiating any disputes to address their concerns promptly.

5.5.

If the Customer experiences any issues related to their trading account or transactions, they are advised to reach out to the support team for assistance.

For any further queries, please reach out to our Support Team via our designated Intercom channel or support@Brillant Capital.com

The Provider's decision not to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of rights under these Terms will be effective only if it is in writing and signed by the Provider.

These Terms, along with any policies or operating rules posted by the Provider on this site or in relation to the service, constitute the full and exclusive understanding and agreement between the Customer and the Provider. This agreement governs The Customer's use of the Service, overriding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between The Customer and the Provider (including, but not limited to, any prior versions of the Terms).

Should any ambiguity or question regarding intent or interpretation arise, it shall be resolved in a neutral manner and not automatically against the drafting party. This approach does not override any statutory rights the Customer may hold under applicable consumer protection laws that are not subject to contractual waiver.

These Terms, as well as any additional agreements under which the Provider gives the Customer Services, are regulated and construed in accordance with the Provider's legal jurisdiction, i.e., Saint Lucia

The Customer is advised to be fully aware of and comply with all local laws and regulations pertaining to their participation in the Services.

The Customer acknowledges that they are engaging in the Service at their own risk and assumes all responsibility for their participation. By using the Services, the Customer affirms they are over the age of 18 years and acknowledges that the Provider is not responsible for any actions taken by the Customer that may violate local laws. Any such violations are the sole responsibility of the Customer.

Registered Address:
Block 8, 1827 Building,
Vivea Business Park, Moka, Mauritius