IMPORTANT—YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING REGISTRATION (AND IF APPLICABLE INSTALLATION OF THE COMPANY’S PROPRIETARY SOFTWARE). BY CLICKING ‘ACCEPT’ OR ‘I AGREE’ OR ‘CONTINUE’ AS THE CASE MAY BE, AND THEREFORE REGISTERING AND/OR USING THE COMPANY’S SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE.
The English version of this document is the default and therefore will be considered the most accurate version if any translation are found be in conflict with the English wording.
Date of Last Revision: September 02, 2019
1. GENERAL TERMINOLOGY
1.1. This Agreement is executed by and between MarketsPilot, (The “Company”), and the Client, a physical or legal person (the “Client”).
The Company owns and operates the site. Payment clearing and billing services are provided by MarketsPilot.com.
1.2 Orders from the MarketsPilot.com will show on your billing statement as: MarketsPilot.com +44 2038-856429
1.3 Our website is obtainable globally to all who have Internet access. Any access and partaking of our site, no matter the location, is contingent to these Terms & Conditions. You certify your approval to this form by your ongoing use of our services and website and acknowledge that you reviewed this Agreement and any supplements fully and thus you concur to carry yourself in agreement with its Terms & Conditions and Privacy Statement. Immediately stop using of this site if you disagree with these terms.
1.4. You acknowledge and agree to the fact that the Company may update and/or adjust and/or amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be published and accessible to you on the Company’s Website, and their effect shall be from the date such amended terms have been inserted into the site. 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 Site. 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. Your continued use of our website, following the Date of Last Revision of our Terms & Conditions, constitutes your acceptance of our amended terms, policies or guidelines.
1.5 Your rights and/or responsibilities per this Agreement are not sharable with third parties.
2. AGREEMENT TERMS DEFINED
We define the following terms included within this Agreement as ascribed with the meanings next to them, unless otherwise stated in this Agreement:
2.1 “System” is the electronic services that enable online trading with Financial Contracts adopting the MarketsPilot trading platform completely within the terms of this Agreement plus the terms of the Trading Manual (described below) which is an essential portion of the Agreement;
2.2. “Financial Contract” or “Contract” shall mean a contract to purchase online trading or any other financial offering that the Company may offer by the System from time to time to its customers;
2.3 “Online Trading” is a trade which provides a preset return on investment at the start of the Contract;
2.4 “Contract Price” shall mean the rates offered by the System and based upon “indicative” rates provided by various financial information systems as the current updated rates for contracts of the applicable nature on the financial markets;
2.5. “Markets” shall mean any international markets dealing in finance, commodities, or other applicable instruments, with contract rates fixed upon free trade, and where various financial assets are traded;
2.6 “Business Day” is a single calendar day from 00:00 through 23:59 GMT;
2.7 “Order” is the selling and purchasing of a Financial Contract at a set fee;
2.8. “Closing” shall mean an order conducted to close an open position (for example, the sale of a financial contract previously purchased or vice versa) at a sum or for an amount identical to the initial order which was initiated on the same Business Day;
2.8 “Closing” shall mean a reversed transaction aimed to close an open position (sale of a financial contract previously purchased and vice versa) with a sum or at a quantity identical to the one spent in the initial transaction on the same Business Day;2.9. “Collateral” shall mean the original sum deposited with the Company by you after minus any losses or withdrawals, and adding any profits derived from your Orders;
3. MEMBERSHIP ELIGIBILITY
3.1 The Company System is provided to entities or legal persons living outside the EU and made available exclusively for use by companies or individuals that are qualified to enter into permanent legal contracts per the authority in their country. Due to your registration which is like a commercial entity, you confirm that you hold the legal power to act in the place of that entity and execute this legal accord.
3.2. The Services are not available to persons under the age of 18 or the required minimum age in your country of residence or who cannot execute legally binding contracts under laws of their country of residence (“Minors”). If you are a minor, you may not use this service. For the avoidance of doubt, the Company shall not be responsible for any unauthorized use of its Services by Minors in any way or manner.
3.3 Additionally, due to this being a risk-involving investment, only skilled individuals with a background in economic matters are assumed to be able to comprehend the warrants and the risks of opening accounts and contracts on our site. Only individuals who show their aptness with no need for any additional data located on our site are qualified to use said services. The Company clearly states that they are not obligated to check if a client holds enough familiarity and experience and that they are not responsible for damages or losses experienced by clients due to a lack of awareness or authority. Keeping in with the above-mentioned, we rebuff any responsibility for confirming and/or checking your level of competence and/or talent, and all responsibility for harm or damages endured whether it be direct or indirect due to your using the Site.
3.4 Our services are available from most countries in the world with the exception of those mentioned in the following list: Iran, Yemen, Syria, France, Turkey, North-Korea, U.S.A. and Israel. As such we do not allow our products and services to be used directly or indirectly in the countries listed above. In addition, residents of the above countries are barred from opening accounts with our Company.
3.5. The Company reserves the right to refuse and/or cancel access to its Services to any individual irrespective of the information given above at its sole convenience.
3.6 Only one account is allowed per person. No gains can be levied on accounts opened under false names or multiple accounts opened by the same person.
4. RESTRICTIONS ON TRADING
4.1. The laws regarding trading Financial Contracts vary throughout the world, and you acknowledge that it is your sole liability to comply fully with all relevant laws, regulations or directives, in regards to the use of the Web site and/or the System within your country of residency.
4.1 Financial Contracts laws in regards to trading are different all over the world, and you confirm that you will abide by the laws, directives, and regulations for using our site that pertains to your region.
4.2. For the avoidance of doubt, an actual ability to access the Company’s Website does not necessarily mean that the Services and your activities are legal under the laws, regulations or directives, relevant to your country of residence.
4.3 When you open an account, you confirm that you carried out a study and that you found that there are no legal limits that could keep you from utilizing the System as mentioned in this accord. It is important that one comprehends that these Services shall not be used in areas they are unlawful. This means that the said Company may deny services, and/or may terminate Services, completely or in partially, to any individual any time, for any reason, by its own choice. This includes if said Company finds an activity on an account not approved under the laws of your state of residence.
4.4. You are solely responsible for reporting your activities to any applicable tax or other authority, as may be required by any laws applicable to you or to your country of residence and you are responsible to pay all applicable taxes, levies, governmental fees and charges associated with the activities of your account including required deductions at source and you forego any claim against the Company in this respect.
5. RISK DISCLOSURE:
5.1 FINANCIAL DEALINGS OR ACTIONS OF THE NATURE OF SUCH DEALINGS COVERED AND DEFINED THROUGHOUT THIS AGREEMENT SHALL BE CONSIDERED AS HIGH-RISK FINANCIAL UNDERTAKINGS. The Client affirms that he completely understands that market figures can change even in a short time period and such variations can produce in high profits or losses. Thus this System is mainly relevant to those skilled individuals capable of managing damages ranging and as well as a complete relinquishment of all financed securities and/or money. You are responsible for careful consideration whether such Transactions suits you and your purposes while taking into consideration your resources, your personal circumstances and understanding the implications of actions made by yourself. SINCE THE RISK OF LOSS OF PART OR ALL OF THE INVESTED FUNDS IN A SHORT PERIOD OF TIME IS HIGH, IT IS ADVISABLE TO USE FUNDS WHICH ARE DESIGNATED BY YOU FOR HIGH-RISK SPECULATIVE TRANSACTIONS AND SOLICIT ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IN CASE OF DOUBTS.
6.1. After approval of this Agreement, the Company shall create a System account under your name and ownership, based on the relevant details provided by you during the application process, and amended from time to time for accuracy, when mandated by the Company. It is your liability to verify that all information provided to the Company is complete, factual, and accurate. In the event that you are discovered to have given misleading information this may be regarded as an actionable offence and shall result in immediate suspension of the activities in your account or lead to its immediate closure.
6.2 You acknowledge that upon the completion of your identification process by the Company, it may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System from time to time, and to that end may transfer identification details provided to it by yourself.
6.3. Once your account is created, the Company shall create a confidential personal identification code for you (hereafter referred to as the “Access Code”) which you can use to access your account via the Internet. You hereby affirm that it is fully your liability to safeguard the Access Code and you agree to waive any and all claims against the Company relating to any use of this Access Code in an unauthorized manner.
7. RECORD KEEPING & RECORDINGS
7.1 You approve the Company’s documentation of telephone conversations or its use of an authorized entity to do so in its place. Despite that, there is no constraint for any communication to be recorded by said Company.
7.2. The Company or an authorized party on its behalf shall keep copies of every written order received from you for a period to be determined by its sole discretion. Furthermore, the Company or an authorized party on its behalf shall maintain records of all your Transactions.
7.3 Any recordings and/or chronicles produced by the Company can be used for all purposes the Company deems satisfactory, including the settling of disagreements between client and Company.
7.4. It is hereby clarified that the said records/recordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in any event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, including by strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating and/or copying of any record and/or documents in accordance with the then current the Company official price list for such services.
8. LICENSE RESTRICTIONS
8.1 Your use of the services in the site relies on the issuance of a defined non-transferable, non-exclusive license which The Company offers you to enter and use our Site (the “License”). This license is constantly dependent on your compliance with every term in this Agreement. As a term of receipt, you approve not to retail your admission or grant entrance to the Site to other persons, and to avoid copying any and all content available on the Site for any other purpose or for resale without possessing the preceding documentation of the Company’s approval. You shall be held fully responsible for any unlawful use of the Site coming out from the breach of this portion.
8.2. The license granted to you by the Company in this Agreement to use the Software will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
8.3 You promise not to use any manner of electronic interaction included as an element of a Service located on the Site for conduct which might be viewed as abusive, intrusive, illegal, hateful, threatening, or obscene and concur to stop any vilification or harassment towards other individuals as you use the site.
9. INTELLECTUAL PROPERTY
9.1. The Company or authorized third parties, including our licensors, retain ownership of this Website, system program and Documentation. These ownership rights may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbols related to copyright, database rights, trademarks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party.
9.2 You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time.
9.3. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the system program or Documentation.
9.4 You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Company’s Website or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
10. THIRD PARTY HYPERLINKS
10.1. The Company may offer a link to other websites that are provided or controlled by third parties. Such link to a site or sites is neither an endorsement or an approval nor a sponsorship or an affiliation to such site, its owners or its suppliers.
10.2 We strongly caution you and recommend that you make sure you understand the risks associated with the use of such sites before retrieving, using or purchasing via the Internet. Links to these sites are provided solely for your convenience and you agree not to hold the Company responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.
11. KNOW YOUR CLIENT (“KYC”) & ANTI-MONEY LAUNDERING (“AML”) POLICIES
11.1. Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources. Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. The Company does not tolerate money laundering and supports the fight against money launderers. In order to protect itself and its clients, the Company follows the guidelines set by the UK’s Joint Money Laundering Steering Group in an effort to combat money laundering and terrorist financing.
11.2 You hereby declare that all funds to be deposited in your account are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
11.3 For the Anti-Fraud and Anti-Money Laundering procedures to be successful, new fraud controls and security practices that require us to accurately recognize a Clients’ identity in order to deter, detect and report potentially suspicious activity. Thus all clients are required to send to the compliance department at firstname.lastname@example.org the below listed documents:
(I) A color copy of either a government issued valid driver’s license, passport, or state ID. Copy of driver’s license needs to be the front and back of the card showing the entire card. No black and white images will be accepted.
(II) A clear color copy of the front and back side of the credit/debit card(s) you are using to fund your account. Please make sure that the first 6 digits and the last 4 digits on the front your card are visible; You may cover the 3 or 4 digit CVV number located on the back of the card.
(III) A copy of a bank statement or your utility bill (phone, gas, water, electricity, etc.) that shows your full name and the entire home address and cannot be dated more than 3 months from your deposit.
(IV) A signed and dated declaration of deposit for every deposit that you executed on our System.
11.4. We require the receipt of all the above-mentioned documents prior to making any cash transactions to your benefit. Some circumstances may require us to request these documents before allowing any other activities in your account, such as deposits or trades. If you do not provide us with the required documents, your pending withdrawals will not be processed. We will notify you of such events via our system.
11.5 The Company might, occasionally at its own choosing, ask clients to provide further information or amended proof of identity (i.e. a certified copy of passport or any other type of identity) and could on its own will discontinue an account if such documents have not been supplied.
11.6 The Company directs funds withdrawals back to the original source of remittance, as a preventative measure.
11.7 Any type of deceitful actions will be recorded and all and any associated accounts to those dishonest actions will be instantly terminated. All funds currently in those accounts will be surrendered.
12. MANAGEMENT OF DEPOSITS
12.1. The execution of any Transaction in the account is subject to the deposit of the Collateral by you to an account designated by the Company, to be used as collateral for the Transactions described herein. The Company shall not allow you to execute any Transaction without the said deposit and/or in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Company’s policy from time to time. To remove any doubts, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading.
12.2 To avoid any misunderstanding, all clients should know that funds received from them are never invested in any currencies, derivatives, futures, securities, or other investments, on your behalf. These funds are always used as a deposit on your account in the System.
12.3 The Company shall have all rights and authority with respect to the Collateral until its withdrawal by you. In particular, the Company may deposit such funds with any financial institution including but not limited to such funds being used as collateral for your Transactions.
12.4. In the event that an Order shall take place and for some reason there shall be no sufficient Collateral in your account, the Company shall have the right to decrease your exposure in the said Order and/or approach you to rectify such mandated Collateral and/or demand from you payment in full for any deficiency which has occurred by your Order which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Order and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Order by the Company.
12.5 When you make deposits through wire transfers, it is the responsibility of the Client to ensure that his/her account number and the registered name of the account owner accompany every transfer to the Company.
13. TRADE COMPENSATIONS
13. Trade Compensations
13.1. The Company awards Trade compensations and trade-specific credits (both hereinafter referred to as “Trade compensations”) to its new and regular clients. Trade compensations are part of the Company’s promotions program and commercial strategy. All Trade compensations are offered at our Account Executives’ discretion. While Trade compensations have obvious advantages, the Client is of course never required to accept them.
13.2. By accepting a Trade compensations into your Account, you are agreeing to the Trade compensation-specific Terms and Conditions. All Trade compensations accepted are final and cannot be cancelled once they have been credited to an account and accepted by the customer.
13.3. Trade compensation and promotional offers are not transferable or assignable.
13.4. Only one Trade compensation is given per person, household, shared computer or shared IP address, unless stated otherwise in the promotion offer or offered by the Account Executive.
13.5. The Company reserves the right to change or end any promotional offer at any time and without further notice but of course only with an effect for future trade compensations.
13.6. Trade Compensation shall be accredited to the client’s trading account subject to compliance satisfaction as related to explicit terms of the proposal made to the client. For all withdrawal requests placed on accounts with added bonuses, the client must complete a trading volume or turnover amount 0.1 Lot times equal to their provided bonus before withdrawing unless stated explicitly otherwise. For example, if a client funded his or her account in the amount of $1,000 chose to apply a bonus in the amount of $100, they will be obligated to reach a complete trading volume of 10 Lots to be eligible to withdraw the bonus or any additional amount from the account. At the time of the successful completion of the required trading volume, Markets Pilot trading account terms and conditions will apply for any subsequent request to withdraw funds.
* Trading volume is calculated on the sum of Margin requirements per trade.
13.7. Any Trading Compensation activated on an account will be regulated by a termination period of 120 days concerning the trading turnover prerequisite. In other words, if a client doesn’t fulfill the obligatory trading turnover volume within 120 days, the applied Trading Compensation will be cancelled by the company.
13.8. The trade compensation can be withdrawn only if the Trading Volume Requirement has been fully respected and fulfilled.
13.9. BE ADVISED that your allocated funds are wagered first; once fully wagered, you will start wagering on your trade compensation.
13.10. Customers with pending withdrawals are not eligible to claim Trade compensations.
13.11. PLEASE NOTE that upon accepting a trade compensation, you agree that the funds that have been allocated to the trade compensation and the trade compensation amount itself are subject to the Trading Volume Requirements. Any attempt to withdraw/transfer (including transfers to other products) any funds in your account; including any cash balance which is NOT attached to the trade compensation, prior to having met the full wagering requirements, will be cancelled.
13.12. If you have yet to complete the wagering requirements of a trade compensation whilst having claimed for another trade compensation/s, you must be aware that you must complete the wagering requirements of the first trade compensation before starting to accumulate the wagering for any consecutive trade compensation/s. Please note that until your combined total balance (allocated funds + trade compensation amount) between your active trade compensation and any other pending trade compensation/s reaches less than £1, you will still be tied into the wagering requirements for any claimed trade compensation/s in your account.
13.13. Any indication of cash-back arbitrage, fraud or manipulation, or other forms of deceitful or criminal activity concerning the award or provision of any Trade compensation will in effect render the client’s trading account null and void, including suspension of any profits accrued during the lifetime of the account. In the event of any dispute, the decision of the Company will be final.
13.14. All other Terms & Conditions also apply.
13.15. After a period of 90 days of complete inactivity, the company reserves the right to cancel any previously awarded bonus.
14. EXECUTION OF ORDERS & ORDERS
14.1 By accepting these Terms & Conditions of this here accord, you allow and permit the Company, pending any drafted notice opposing to the effect will be collected from you by the Company, to execute out activities and orders in conformity with your directions or per to guidelines offered by your suitably authorized agent(s) orally and/or in writing all in correspondence with the authority granted to the said Company for the provision of the Services and/or by this contract.
14.2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System.
14.3 All the trades will be done by the client at their own risk. The Company, nor any approved entity in its place, will be responsible for any damages, losses, or arrears acquired by the client resulting openly or indirectly from activities contemplated by this accord. Regardless, any amount to be declared by you shall not surpass your Collateral.
14.4. You may from time to time inform the Company of any person or persons that you have empowered or authorized to communicate with the Company on your behalf. Such information shall only be sent to the Company by a written notice, which shall include the names and identifications details of the authorized person or the persons. In addition, a signature specimen of each of the above shall be delivered to the Company. This delegation of authority could also be revoked in writing. Written or orally transmitted orders to execute Transaction by any such authorized representative shall bind you and the Company for all intents and purposes.
14.5 The Company reserves the right to cancel at its sole discretion trades that were executed at rates that were ‘out-of-market’, regardless of whether said trades were the result of faulty market feeds or mis-quotes on the trading platform or human error, whether under the control of the Company or not.
14.6. You hereby declare that you understand and accept that a fundamental pre-condition to this Agreement, relates to the Company’s right to close at any time, without an advanced notice, any Transaction executed by you, in the event that your portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts’ prices.
15. WITHDRAWALS & SETTLEMENTS
15.1. The Settlement of your losses shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. Any profits accruing from your Orders shall be added to your account as a supplementary collateral.
15.2 To remove any doubts, your credit balance shall bear no interest.
15.3 No monies or assets can be moved by any client to the other with regards to any trade.
15.4 If you elect to withdraw funds built up in your account, you need to, as a condition to handling your request,
(I) finish and sign the “Withdrawal Request” document which will be provided to you by an approved party on its behalf or the Company, and then reinstitute it to the said Company
(II) be completely KYC verified (see article 11 of these Terms & Conditions.)
15.5 No funds shall be released by the Company without the prior receipt by the Company or an authorized party on its behalf, of the said form, duly signed by you or your designated representative.
15.6 Without confining the previously-mentioned conditions,
15.7. Profits may only be paid to the initiator of an account and to an account under his own name and not to any third party’s account. When you maintain an account by means of telegraphic deposits, profits are only paid to the holder of the originating bank account, and it is your responsibility to ensure that account number and name accompany all transfers to the Company. When you maintain an account by means of credit/debit card deposits, profits are paid back to the same card up to the value of the collateral deposited. Additional profits may be transferred by telegraphic means subject to the conditions described above.
15.8 Let it be known that the Company offers NO currency conversion services thus your Collateral will not be reimbursed in a currency different from the currency for which you used to deposit with the Company. The unsettled balance (of your receivables and arrears from the Company) will be refunded to you in the same currency that you Collateral was in.
15.9 It could take the Company up to three business days to take care of your withdrawal application. The time of approval, any disbursements requested by you will be transferred to your credit/debit card or personal bank account and no more than, seven (7) calendar business days subsequent to your request for payment.
15.10 All withdrawals are due to a standard withdrawal fee centering on the selected withdrawal manner. From the date of said Terms & Conditions, the valid withdrawal fees are:
From $250 the withdrawal fee is $25.
From $500 the withdrawal fee is $50.
From $1000 the withdrawal fee is $75.
For $2000 and above the withdrawal fee is $150.
Withdrawals lower than 100 USD/GBP/AUD/EUR by Credit/Debit Card and/or Bank Wire Transfer will be subjected to a set withdrawal fee of $20.
16. REFUND / CANCELLATION POLICY
16.1 Refund / Cancellation Policy: In case a Client has paid or deposited money with the Company with respect to the services offered by the Company through the website, the Company reserves the right to refund / send back to the Client any amounts received in any of the following events:
Upon Client’s request, subject to Client’s balance with the Company and subject to Client being KYC compliant; or
Mutual agreement between Company and Client; or
Company’s requirements for provision of services have not been met by the Client; or
upon termination of the contractual relations between the Parties with or without cause;
all subject to any debt of the Client towards the Company.
17. SEDENTARY & DORMANT ACCOUNT FEES
17.1 Any account that has a balance and is inactive (this means that there are no investments, no trades no active positions, and no withdrawals being executed) for a duration of three months will be subjected to a monthly upkeep fee which is either 0.5% of the dormant account’s balance or 100.00 USD/GBP/AUD/EUR or, whichever of the two is higher.
18. SUSPENSION OF TRADING
18.1 The Company reserves the right to halt or suspend the trading facilities provided by the System, the operation of this site or sections thereof at any time without a prior notice due to the following circumstances:
when, as a result of political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility and power of the Company, the continued operation of this site or the System shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a price cannot be calculated for financial betting contracts; or
when there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial betting contracts or where the price or value of any of the financial betting contracts cannot be promptly or accurately ascertained; or
18.2 Under such circumstances the Company or an authorized party on its behalf may close any open positions you may have (by performing a Reverse Order) without prior written notice being sent to you, at fair market value reflecting, as closely as possible, the applicable rates of the relevant Contracts. You hereby waive any claims of indemnification / suits / causes of action against the Company in such an event and acknowledge that such release is a pre-condition to the validity of this contract.
19. SUSPENSION OF ACCOUNTS
19.1 The Company may deny or cancel services and/or decline to allocate gains to any individual by its own choosing, as well as, without limitation:
(I) Should the Company think that your actions on the site are a form of misconduct or illegal;
(II) Should the Company think that the system provided to you was mistreated, or that you used a method to influence or control the System in general or with regards to a specific Contract.
(III) Should the Company feel that the email address that you provided to the Company is no longer in use or correct;
(IV) If a client avoids or forget to submit to the Company any extra confirmation of identities like a notarized duplicate of a passport or other verifications as occasionally required by the Company;
(V) If the actions of the client cause monetary loss to the Company;
(VI) Should a client fail to obey with any Terms or Conditions of this accord and all the attached guidelines and instructions for said Service.
20. FINANCIAL DATA
20.1 Through one or more of its Services, the Company can make available to you a wide range of financial information that is generated internally from agents, suppliers or partners (“Third Party Providers”). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”). The financial information provided on this Site is not intentional investment advice. The Company offers financial information only as a service.The Company and its Third Party Providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the financial information or results of your use of this financial information. The financial information may promptly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances. Neither the Company nor the Third Party Providers are required to update the information or opinions included in the financial information, and we can interrupt the flow of financial information at any time without notice.
20.2 Additionally, it is understood that said Company is not, and will not, be accountable at all for the correctness of any information displayed on its Web site by others or by itself, and all available or cited item of data should be considered as unproven information for the objectives of managing your risks and actions. We strongly underline that you need to validate that all information instructed by you was examined and approved by yourself, through separate information sources to your contentment before any actions taken by yourself on such Web site. SHOULD YOU NOT POSSESS THE ACQUAINTANCE AND/OR KNOW-HOW AND/OR EXECUTE ORDERS BASED ON A LEARNED BASIS OR PERSONALLY ASSESSED DATA PLEASE REFRAIN FROM USING OUR SYSTEM OR WEBSITE. The Company will not take on responsibility for any damages or losses, including, any harm of profit, which can be the results stemming from direct or indirect use of or dependability on said information as mentioned above.
21. LIMITED GUARANTEES OF WARRANTY
21.1 We are committed to ensuring continuity of the Services on the Site. However, we assume no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the Site or Services. The Company declines any responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the Internet, the Site or any Service. To the extent permitted by applicable law, in no event shall we be liable for any loss or damage arising from the use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline. You agree to use the Site at your own risk.
21.2 You agree that the Company doesn’t offer any service nor equipment neither is it an Internet Service Provider and thus it will not be accountable, intentionally or unintentionally, regarding any kind of failure whatever it be, resting on your side, or any equipment not offered by the Company and/or any Internet link glitch and/or any computer software or system program defects and/or errors including but not restricted to interruptions in the transfer of your orders or the hindered acceptance thereof. You will be liable for maintaining and providing the methods to admittance to the Website, which may comprise without constraint a modem, access lines, personal computer, or telephone. You are responsible for all entrance, license, service and subscription dues essential to access the Website and assume all fees acquired in obtaining such systems. Additionally, you accept all consequences associated with the usage and accommodation of data on your personal computer or any other device from which you will obtain access to the services or Website (hereinafter referred to as “computer” or “your computer”). You signify and certify that you have applied and plan to operate and uphold suitable protection in regards to the safety and authority of entrance to your computer, computer viruses or any equally damaging or inappropriate information materials, data, or devices. You concur that the Company won’t in any way be responsible to you in the case of damage, failure or ruin to your computer data, system, or records, or for errors, losses, delays or omissions coming from the failure or mishandling of any computer equipment or telecommunications or system program. You will not transfer in any way, be it intentionally or unintentionally, make vulnerable the Company or its online service suppliers to any computer virus or other equally harmful or unsuitable device or material.
22. LIABILITY RESTRICTIONS
22.1 By registering to this Site and funding your Trading Account you hereby confirm the following:
You are aware that the contract prices presented by the Company are the prices at which the Company is willing to sell its online trading. These prices do not NECESSARILY reflect live market values.
In the event of purchasing online trading, you might expose yourself to considerable loss of the invested money or even total loss of your invested funds.
You read the terms of this Agreement and all terms relating to Financial Contracts as they are defined in this Agreement prior to the execution of any Financial Contract and fully understand the consequences and results of success or failure.
You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood the Risk Factors Disclosure.
By using this website you agree to assume full and exclusive responsibility liability for your research, decisions, and actions.
Neither guarantee of performance, results nor any anticipated Return on investment is offered at any time.
22.2 By using the services offered by the Company and by using this website the user agrees that the Company and any other entities associated with the Company shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, system program, messages, manual, worksheet, instructions, alerts, directives, etc. and any other information contained in regard to its use and understanding.
22.3 You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person, any member of your family, any other third party who have gained access to your account, or by your agent or attorney or the Company’s employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions and/or orders. You are responsible for ensuring that you and you alone shall control access to your account and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the site for your account. You shall also indemnify the Company in respect to all costs and losses of any kind, whatsoever as may be incurred by the Company as a result, direct or indirect, of your failure to perform or settle such a transaction.
22.4 You agree to defend and indemnify our 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 restriction reasonable attorney’s fees and costs, arising out of / or in any way connected with your access to / or use of the Site or Services, your breach of any of the terms in this contract, or your breach of any applicable laws or regulations.
22.5 LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
23. TERMINATION OF CONTRACT
23.1 The Company may terminate this contract at any time by giving you notice to this effect. You may terminate this contract at any time by giving the Company a 48 hours advanced notice. As of the date of the termination notice by you, you may not execute any new Orders, which shall open new positions in your account, and your existing open positions shall be closed at the then available rates.
23.2 The authorization to use our financial platform which was given will be canceled should the Company feels that any data provided by you, like your e-mail, is inactive or not correct, or in case that you are unsuccessful in obeying every term or condition of this accord including all guidelines and rules for each service. The Company will consider this as if you performed a crime on the System (as well as the assumption of a trade beyond the market rates).
23.3 If such a violation of these Terms and Conditions occurs, you agree to cease accessing the Services. You agree that the Company, in its sole discretion and without notice, may terminate your access to all or part of the Services, close any open transaction and remove and discard any information or content within a Service.
24. ADDITIONAL RIGHTS & RESPONSIBILITIES SEVERABILITY
24.1 Severability: In the event that any provision in this contract is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
24.2 No Release: 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.
24.3 Transference: Our Company can transmit this accord or any privileges and/or duties hereunder beyond your approval.
24.4 Entire contract: This Agreement, including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally.
24.5 Announcements: The Company or an authorized party on its behalf may send to you any announcements and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by you to the Company shall be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company.
24.6 Jurisdiction: This contract will be understood and imposed in agreement with the laws of Estonia, and will be ruled by the said governing nation, notwithstanding any disagreements of laws principles. Each of the sides hereby irreversibly
(I) agreement to any proceeding, legal action, or suit with regards to this contract being served solely in the capable courts (the “Courts”) and relinquishes to the highest extent allowed by law any opposition that might arise now or hereafter to the location of any proceeding, action, or suit in any such Courts and any declaration that such proceeding, action, or suit has been presented in a troublesome forum,
(II) approves the capability of such Courts,
(III) clearly submits to the select jurisdiction of such Courts in any proceeding, action, or suit and
(IV) concurs that final judgment in all such proceeding, action, or suit presented in such Courts shall be decisive and binding and may be imposed in all courts.
Please do not hesitate to use the customer support Live Chat located on our site or to contact us by e-mail at email@example.com if you have any inquiries concerning these Terms and Conditions.