The establishment of a business relationship with the Company indicates that you have read, fully understand and agree with the terms of the present Agreement, without any modifications.
Such a business relationship shall be established once the Client has successfully completed the process of the Company’s application and registered to open a Trading Account with us via our website or through any other way indicated by us.
The Client’s continuous usage of the Company’s services also indicates agreement with the set T&Cs.
The Company is incorporated in Republic of Marshall Island and has its registered address at Ajeltake Road, Ajeltake Island, Majuro, Republic of Marshall Island, The present Agreement describes the T&Cs upon which the Company offers to You access to its Trading Platforms (hereinafter the ‘Platforms’) regarding the use of services through the Platform.
Any enquiries you may have with regards to this Agreement shall be resolved by the Team responsible for the handling of Complaints either via email at [email protected] or through a telephone +44 2039364555 communication at all in accordance with the Company’s T&Cs as these presented below:
1. COMPANY’S SERVICES
1.1. This Agreement is made between the Company and any individual or legal entity using the Company’s Services as a Client.
1.2. This Agreement applies to the trading platforms, as well as to the electronic content and or software currently contained on the platforms that supply the customer with real time information about the exchange rate of: currencies, CFD's, commodities and stocks as well as with the program facilities for executing trading transactions in the foreign exchange market via the web, phone or fax, and any other features, content or services that the Company may add in the future (the “Services”).
1.3. When using information provided by the Company, the Client has the right to choose according to its own discretion and for personal use any information published by informing the Company on [email protected]
2. CLIENT ELIGIBILITY
2.1. The Company’s Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. The Company shall not establish business relationships with persons under the age of 18 or otherwise under the legal age. For avoidance of doubt, even though the Company restricts the establishment of a relationship for minors via its website, the Company is not responsible for any unauthorized use of our services.
2.2. The Company further restricts the establishment of business for US, Canada, and certain other jurisdictions. For this reason the Company cannot accept any payment methods related to the aforesaid countries.
3. GUARANTEES BY THE CLIENT
3.1. The Client states, confirms and guarantees that any money handed to the Company for any purpose, belong exclusively to the Client and are free of any lien, charge, pledge or any other burden. Further, whatever money is handed over to the Company by the Client is not in any way connected directly or indirectly to any proceeds of illegal activity or omission or product of any criminal activity.
3.2. The Client guarantees that any transaction made is solely carried out by him/ her and does not act on behalf of a third party, either as a representative.
3.3. In case where the Client wishes to act in another capacity than his/ her own then the Client shall be provided, to the satisfaction of the Company, a document and/ or powers of attorney enabling him/ her to act as representative and/ or trustee of any third person.
3.4. The Client agrees and understands that in the event where the Company can proof that the Client may be part of an illegal activity or that any proceeds received by the Client amount to illegal acts or products of any criminal activity and/ or belonging to a third party, the Company reserves the right to refund these amounts to the sender, and report to the relevant competent authorities.
3.5. The Client guarantees that he/ she is of a legal age or has full legal capacity to enter into a business relationship with the Company.
3.6. The Client understands and accepts that once a business relationship is established, any trade transactions in any of the Financial Instruments, will solely be performed via the Company’s Trading Platform. The Client further understands that any transaction made on the Trading Platform provided by the Company’s Financial Instruments shall not be transferable to another Trading Platform.
3.7. The Client guarantees that any document provided to the Company is authentic, valid, and official.
4. CLIENT’S RIGHTS & OBLIGATIONS
4.1. The Company gives to the Client a non-exclusive, non-transferable and limited personal license to access and use the website (the “License”). The License is provisional upon continued compliance with the Terms and Conditions of this Agreement. The Client agrees not to resell or permit access of the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose without the prior written consent of the Company.
4.2. Upon accepting and signing this Agreement, the Client is entitled to apply for Access Codes to gain online access to the Company’s electronic systems and/ or trading platforms, thereby being able to place orders for transactions to either buy any Financial Instrument available from the Company. Further, the Client will be able to trade on the Company’s Trading Platform with and through the Company with the use of a Personal Computer, Smartphone or any other similar device that is connected to the internet. In this respect, the Client understands that the Company can, at its absolute discretion, terminate the Client’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency.
4.3. It is the responsibility of the Client to keep the Access Codes in a safe place as he/ she may think is suitable and holds the responsibility to avoid the disclosure to any other person. The Client shall ensure that it minimizes the irregular or unauthorized access or use of the Trading Platform.
4.4. The Client will take every possible measure to keep the Access Codes secret and ensure that they are only known to him. The Client is further responsible of any Orders received by the Company through his trading Account under his Access Codes. Further, any Orders and transactions received by the Company will be considered as received from the Client. If a third person is assigned as an authorized representative to act on behalf of the Client, the Client will remain responsible for all Orders. The Client is responsible to monitor his/ her Account and to notify the Company immediately if it comes to his/ her attention that his/ her Access Codes are lost or being used by an unauthorized third party.
4.5. The Client agrees to immediately notify the Company should he/ she become aware of any failure by the Client to receive a message indicating the reception and/ or execution of an Order, the accurate confirmation of an execution, any information for Client’s Account balances, positions or transactions history as well as in case the Client receives confirmation of an Order that he/she did not place.
4.6. The Client agrees not to attempt to abuse the Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency, or applying practices such as price manipulation, lag trading, time manipulation.
4.7. The Client acknowledges that the Company may choose not to take action based on Orders transmitted to the Company using electronic means other than those Orders transmitted to the Company using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such Orders.
4.8. The Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company.
4.9. The Client agrees not to use any electronic communication feature of a Service on the website for any purpose that is unlawful, tortuous, abusive, and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
4.10. The Client agrees not to install any unauthorized automatic or semi-automatic trading system that does not require human action. Any such system will be treated by the Company as a backdoor Application Performing Interface system and can lead to the Company terminating the Client’s account or to a lifting of the trade. All trades realized through the aforementioned system are considered by the Company as Over-the-Counter trading and leads to the cancellation of trades made.
4.11. The Company shall have no liability in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the Client and the Company and/ or any other party using the Internet or other network or electronic mean available.
4.12. The Company does not hold responsibility for any external failures that prevent the use of the Trading Platforms, such as power cuts or internet provider malfunctions, electricity failures that discourage the completion of any transaction performed on the Company’s Trading Platforms.
4.13. The Company does not hold any liability for potential damage the Client may experience due to transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers and any such similar failures. The Client acknowledges that access to the Company’s Trading Platforms may be restricted due to such system errors, and that the Company reserves its right -to suspend access to its Trading Platforms following such a situation.
4.14. The Company reserves the right, solely and with immediate effect, to suspend or withdraw permanently Client’s ability to use the Company’s Trading Platform, or any part thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to Client’s non-compliance with the Applicable Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the Client when there has been a breach of security. In addition, the use of the Company’s Trading Platforms may be restricted automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the Trading Platform.
4.15. The Client acknowledges that the Company has the right to bring legal action against the Client, in order to collect overdue funds, to protect the Company's rights such as good-name, intellectual property, privacy. The Client is prohibited from reproducing, distributing, any information, software, or other material protected by intellectual property law.
5. RISK DISCLAIMER
5.1. The Client agrees to use the Trading Platforms at his own risk. The services provided through our Platforms are suitable only for Clients who are willing and able to bear losses even bigger than the money they invest, and who understand the risks and have experience in taking risks involved in financial markets.
5.2. The Client acknowledges that there is a high possibility of loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. The Client should further be aware of all the risks associated with Foreign Exchange, CFD's, commodities and stocks on on-line trading. It is advisable that the Client seeks advice from an independent financial advisor if anything is unclear.
5.3. Trading in CFD's and Foreign Exchange can put Client’s capital at risk, especially if used in a speculative manner. CFD's and Foreign Exchange are categorized as high risk complex Financial Instruments and Clients may lose the amount invested. Trading CFDs and Foreign Exchange is not suitable for all investors.
5.4. The investment decisions made by the Clients are subject to various markets, currency, economic, political, business risks etc and will not necessarily be profitable.
5.5. The Client acknowledges and without any reservation accepts that, despite any general information which may have been given by the Company, the value of any investment in Financial Instruments may fluctuate either upwards or downwards. The Client acknowledges and without any reservation accepts the existence of a substantial risk that losses and damages may result by trading.
5.6. We undertake to supply steady Services on the platform. However, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the platform or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on any of the platform or Services.
5.7. To the maximum extent permitted by applicable law, under no circumstances shall we be responsible for any loss or damage resulting from use of the platform or Services, from any content posted on or through the platform or Services, or from the conduct of any users of the platform or Services, whether online or offline. In so event shall the Company or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the platform or services, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the platform of for any investment decisions made on the basis of such information whether the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extend permitted by law in the applicable jurisdiction to you exceed the amount of money you transferred or deposited in your account on the platform in relation to the transaction giving rise to such liability.
5.8. Set out below is an outline of the major risks and other significant aspects of CFD's and Foreign Exchange trading:
5.8.1. Trading in CFD's and Foreign Exchange is very speculative and highly volatile, thus itis not suitable for everyone.
5.8.2. It is only available for investors who understand and are willing to assume the economic, legal and other risks involved and/ or consider personal financial circumstances, financial resources, life style and obligations are financially able to assume the loss of their entire investment and/ or have the knowledge to understand CFD's and Foreign Exchange trading and the underlying assets and Markets.
5.8.3. The Client accepts and understands that trading based on information and/ or tools provided by third parties may result in losses and or general reduction of value of the Client’s assets. The Company does not accept liability for any such losses resulting from actions taken by the Client on the basis of information and or tools produced by third parties.
5.8.4. Similarly, any Information on previous performance of CFD's or Foreign Exchange, the Underlying Assets and Markets do not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the performance of CFD's and Foreign Exchange trading, to which the said information refers.
5.8.5. CFD's and Foreign Exchange offered by the Company are off-exchange transactions (i.e. over-the-counter). The trading conditions are set by the Company (in line with the trading conditions received by our liquidity providers), subject to any obligations we have to deliver best execution of Clients transactions and act reasonably and in accordance to the present Agreement and with our Best Interest and Order Execution Policy. Each position within CFD and Foreign Exchange instruments that the Client opens through our Trading Platform results in positioning an Order with the Company; such Orders can only be closed with the Company and are not transferable to any other person. While some off-exchange markets are highly liquid, transactions in off-exchange or non- transferable derivatives may involve greater risk than investing in on-exchange derivatives because there is no exchange market on which to close out an Open Position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an off-exchange transaction or to assess the exposure to risk. Prices need not be quoted, and, even where they are, they will be established by dealers in these instruments and consequently it may be difficult to establish what a fair price is. The Company is using an Online Trading System for transactions in CFD's and Foreign Exchange which does not fall into the definition of a recognized exchange or Multilateral Trading Facility and so do not have the same protection.
5.8.6. The transactions in the Financial Instruments offered by the Company are not currently subject to exchange or clearing house requirements/ obligations.
5.8.7. It is understood that the Client has no rights or obligations in respect to the Underlying Assets/ Instruments relating to the CFD's or Foreign Exchange he/ she is trading.
5.8.8. Depending on specific trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit the Client’s losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the specific price. In addition, under certain market conditions the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
5.8.9. Slippage is defined as the difference between the expected price of a Transaction in a CFD or Foreign Exchange, and the price the Transaction is actually executed. This will usually occur during periods of higher volatility, such as international news or events that may affect the market.
5.9. You agree to defend and indemnify the Company and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the platform or Services; (ii) your violation of any of the terms of this Agreement; or (iii) your breach of any applicable laws or regulations.
6. FINANCIAL INFORMATION
6.1. The Company may make available to you through one or more of its Services a variety of financial information that is generated internally or obtained from agents, vendors or partners (the “Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (the “Financial Information”).
6.2. Financial Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither the Company nor the Third Party Providers are obligated to update any information or opinions contained in any Financial Information, and we may discontinue offering Financial Information at any time without notice.
6.3. It is the Clients’ duty to verify the validity of the information on the platform and its potential suitability to the Client’s particular needs. We exclude any liability for any claim, loss or damage of any kind allegedly caused by information presented on the platform or referred to by the platform.
7. DEPOSITS AND WITHDRAWALS
7.1. The Company enables its customers, in accordance with the deposit conditions displayed on the website and in accordance to the Company’s Withdrawal Policy, to make deposits onto the respective user accounts through various payment systems like credit cards, bank transfer and others. Deposits or Withdrawals in cash are not possible.
7.2. Bank transfers are processed manually by the Company, the processing of received bank transfers may take up to 5 business days.
7.3. The Company reserves itself the right, dependent on the chosen payment method, to set minimum or maximum amounts for deposits; to add further payment options or to limit or stop the acceptance of existing ones.
7.4. The Company reserves itself the right, to charge transaction fees, depending on the Client’s chosen payment method.
7.5. Chargebacks, cancellation fees, returned direct debits and similar costs, that may arise from incorrect deposits will be borne by the customer.
7.6. Upon the Company receiving instructions from the Client to withdraw funds from the Client Account, the Company shall pay the said amount within five (5) Business Days, if the following requirements are met (a) the Client’s identity is verified; (b) the instruction is to make a transfer to the originating account (whether that is a bank account, a payment system account etc) from which the money was originally deposited in the Trading Account or at the Client’s request to a bank account belonging to the Client; (c) the account where the transfer is to be made belongs to the Client; (d) at the moment of payment, the Client’s Balance exceeds the amount specified in the withdrawal instruction including all payment charges.
8. CONNECTED CHANNELS
8.1. The Company may provide links to other sites that are controlled or offered by third parties. Such links to sites do not endorse, authorize, sponsor or indicate affiliation with respect to its owners or its providers.
8.2. The Company encourages Clients to ensure that they understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet.
8.3. Any links to external websites are provided solely for the Client’s convenience, and the Company shall not be held liable for any loss or damage caused by use of or reliance on any content, goods or services available on the said sites.
9. CANCELATION OF TRADES OR SUSPENSION OF ACCOUNT OF TRADING ACTIVITIES
9.1. The Company reserves the right to terminate or suspend the business relationship between the Client and the Company on the following circumstances (i) due to political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility and power of the Company, and (ii) when the Company has reason to suspect that the Trading Platform is in any way abused by the Client or manipulated the Trading Platform in general or the price of a specific Contract in particular The Company can and will terminate and or cancel transaction or reverse those trades that it finds were manipulated or used fraudulently.
9.2. Under such circumstances, other than in the case of abuse or manipulation of the Trading Platform, the Company may at its sole discretion (with or without notice) close out your open financial betting contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto. In case of abuse or manipulation of the Trading Platform, the Company may at its sole discretion take any measures it deems fit and appropriate under the said circumstances.
9.3 A Dormant account is an account having positive real money balance that has not been accessed for an uninterrupted period of 60 (sixty) days. (“Dormant Account”). Once the Client’s account becomes Dormant Account, the Company will charge an administrative fee for each 30 (thirty) consecutive calendar days of inactivity, unless the Client logs in to his account. (“Dormant Account Fee”).
9.4 The Dormant Account Fee shall be calculated as follows:
- From the 61(sixty one) day of inactivity onwards a dormant account administration fee of €80 or equivalent in other currency will apply on every 30 (thirty) days of inactivity, including without limitation, for the first 60 (sixty) days of inactivity.
- From the 91(ninety one) day of inactivity onwards a dormant account administration fee of €120 or equivalent in other currency will apply.
- From the 181 (one hundred and eighty one) day of inactivity onwards a dormant account administration fee of €200 or equivalent in other currency will apply.
- From the 271 (two hundred and seventy one) day of inactivity onwards a dormant account administration fee of €500 or equivalent in other currency will apply.
9.5 The monthly Dormant Account Fee will be deducted every month your account remains inactive until the balance is 0. Your balance will never be negative. Once the balance is 0, no further charges will apply.
9.6 The Client may withdraw his balance at any time. If you experience any issues doing so, please do not hesitate to contact us, we will be happy to assist.
Orders for trading in financial instruments can be placed, executed and (if allowed) changed or removed within the trading time appearing in the contract specification for each financial instrument or the Company’s website and if they are not executed shall remain effective up to a period of 30 trading days. The Client shall specify the validity in terms of type and time of order submitted and if not specified it shall be valid, by default, for a period of 30 days. Upon the expiry of the set period of validy specified by the client or the default 30 day period of validity all pending orders shall be automatically be considered as cancelled and terminated.
10. AML PROCEDURES
No person shall abuse this platform for the purpose of money laundering. The Company employs best-practice anti-money laundering (AML) procedures and reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, customers who do not accept or conform to the following AML requirements and policies:
- Live traders must provide all requested information upon registration.
- Winnings will only be paid to the individual who initially registered to open a live account.
- When a customer maintains an account by means of telegraphic deposits, winnings will only be distributed to the holder of the originating bank account. When making deposits in this manner, it is the responsibility of the live trader to ensure that the trader’s account number and registered name of the account owner accompany all transfers to the Company.
- When a customer funds an account by means of credit/ debit card deposits, winnings will only be distributed to the individual whose name appears on the card used to make the deposit and only be paid back to the same card.
- Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person.
- The Company may, from time to time, at its sole discretion, require a customer to provide additional proof of identity such as notarized copy of passport or other means of identity verification as it deems required under the circumstances and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
The Client has the right to terminate the Agreement by giving the Company at least thirty (30) days written notice, specifying the date of termination in such, on the condition that in the case of such termination, all Client's Open Positions shall be closed by the date of termination. The Company may terminate the Agreement by giving the Client a five (5) days written notice, specifying the date of termination therein. The Company may terminate the Agreement immediately without giving any notice in the following cases:
The termination of the Agreement shall not in any case affect the rights which have arisen, existing commitments or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay (i) any pending fee of the Company and any other amount payable to the Company; (ii) any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement; and (iii) any damages which arose during the arrangement or settlement of pending obligations.
In case of breach by the Client, the Company reserves the right to reverse all previous transactions which place the Company’s interests and/ or all or any its clients’ interests at risk before terminating the Agreement.
12. ELECTRONIC COMMUNICATION
By establishing a business relationship with the Company, you agree to engaging in electronic communication, including receiving emails by the Company. If you wish to opt-out, please inform the company by submitting your request via our email at: [email protected]
13. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of Marshall Island excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Marshall Island, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The Company will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.
In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The Company may amend the terms of this Agreement from time to time by posting the amended terms on the platform. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the platform. If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our Services, and inform us in writing immediately.