This
Agreement is entered into by and these Terms & Conditions
(hereinafter referred to as the “Agreement”) shall regulate the
relationship between Crypto Guide Trading1 LTD, (hereinafter referred to as
the “Company”), and the user (a natural or legal entity) (hereinafter
referred to as the “Client”) of Crypto Guide Trading1 (hereinafter referred
as the “Website”).
The Client confirms that he/she has
read, understood and accepted all information, conditions and terms set
out on the Website which are open to be reviewed and can be examined by
the public and which include important legal Information.
By
accepting this Agreement, the Client agrees and irrevocably accepts the
terms and conditions contained in this Agreement, its annexes and/or
appendices as well as other documentation/information published on the
Website, including without limitation to the Privacy Policy, Payment
Policy, Withdrawal Policy, Code of Conduct, Order Execution Policy and
Anti-Money Laundering Policy. The Client accepts this Agreement by
registering an Account on the Website and depositing funds. By accepting
the Agreement, and subject to the Company’s final approval, the Client
enters into a legal and binding agreement with the Company.
The
terms of this Agreement shall be considered accepted unconditionally by
the Client upon the Company’s receipt of an advance payment made by the
Client. As soon as the Company receives the Client's advance payment,
every operation made by the Client on the Trading Platform shall be
subject to the terms of this Agreement and other
documentation/information on the Website.
The Client hereby
acknowledges that each and any Operation, activity, transaction, order
and/or communication performed by him/her on the Trading Platform,
including without limitation through the Account, and the Website, shall
be governed by and/or must be executed in accordance with the terms and
conditions of this Agreement and other documentation/information on the
Website.
By accepting this current agreement, the Client
confirms that he/she is able to receive information, including
amendments to the present Agreement either via email or through the
Website.
A client that is a legal entity can register with the
Company not through the Website but by sending an email with its
request to . All terms and and conditions contained herein, including
without limitation to 1 to 5 above, shall at all times be applicable to
the Legal Entity and the latter shall conform with such terms and
conditions, obligations and rights at all times.
Terms
Account
– means a unique personified account registered in the name of the
Client and which contains all of the Client’s transactions/ operations
on the Trading Platform (as defined below) of the Company.
Ask - means the higher price in a quote. The price the Client may buy at.
Bid - means the lower price in a quote. The price the Client may sell at.
CFD
(contract for difference) - means a tradeable contract entered into
between the Client and the Company, who exchange the difference in the
value of an Instrument, as specified on the Trading Platform at the time
of opening a Transaction, and the value of that Instrument at the
contract’s end.
Digital Option Contract - means a type of
derivative instrument where the Client earns a payout if they correctly
predict the price movement of the underlying asset at the time of the
option’s expiry. The prediction can be made as to whether the value of
the underlying asset will fall above or below the strike price at time
of expiration. Should the option expire at the selected strike price, it
will be considered to expire out-of-the money and will result in the
loss of the invested amount.
Execution - means the execution
of Client order(s) by the Company acting as the Client's counterparty as
per the terms of the present agreement.
Financial Instruments
- means the Financial Instruments as per paragraph 2.4 below that are
available on the Company’s Trading Platform.
KYC documents -
means the documents to be provided by the Client, including without
limitation to the a copy of the passport or ID and utility bill of the
Client, in case it is a natural person and/or certificates showing the
management and ownership going all the way up to the ultimate beneficial
owner, in case it is a legal entity, and any other documents the
Company may request upon its sole discretion
Market - means
the market on which the Financial Instruments are subject to and/or
traded on, whether this market is organized / regulated or not and
whether it is in St. Vincent and the Grenadines or abroad.
Market Maker - means a company which provides BID and ASK prices for financial instruments.
Operations
– means actions performed at the Client’s Account, following an order
placed by the Client,, connected with but not limited to crediting of
funds, return of funds, opening and closing of trade
transactions/positions and/or that relate to financial instruments.
Prices
- means the prices offered to the Client for each transaction which may
be changed without prior notice. Where this is relevant, the “Prices”
given through the Trading Platform include the Spread (see definition
below).
Services – means the services described in section 3 of this Agreement.
Spread
- means the difference between the purchase price Ask (rate) and the
sale price Bid (rate) at the same moment. For avoidance of doubt, a
predefined spread is for the purposes of this Agreement assimilated
commission.
Trading Platform - means an electronic system on
the internet that consists of all programs and technology that present
quotes in real-time, allow the placement/modification/deletion of orders
and calculate all mutual obligations of the Client and the Company.
Subject of the Agreement
The
subject of the Agreement shall be the provision of Services to the
Client by the Company under the Agreement and through the Trading
Platform.
The Company shall carry out all transactions as
provided in this Agreement on an execution-only basis, neither managing
the account nor advising the Client. The Company is entitled to execute
transactions requested by the Client as provided in this Agreement even
if the transaction is not beneficial for the Client. The Company is
under no obligation, unless otherwise agreed in this Agreement and/or
other documentation/information on the Website, to monitor or advise the
Client on the status of any transaction, to make margin calls, or to
close out any of the Client’s open positions. Unless otherwise
specifically agreed, the Company is not obligated to make an attempt to
execute the Client’s order using quotes more favorable than those
offered through the Trading Platform.
General Provisions
The
Company will offer Services to the Client at the absolute discretion of
the Company subject to the provisions of this Agreement.
The
Client is prohibited and shall not, under no circumstances, be allowed
to execute any transactions/Operations on the Trading Platform, Website
and/or through his/her Account, that would as a result exceed the total
balance and/or amount of money deposited/maintained with his/her
Account. Such deposited amounts shall be considered to have been
provided as collateral, either in the form of a lien or otherwise, to
the Company by the Client by which the obligation of the Client to pay
any money to the Company is secured.
Services of the Company
Services
– services provided by the Company to the Client through the Trading
Platform of the Company, including without limitation to customer,
analytics, news and marketing information services.
The
Company shall facilitate the execution of trade activities/orders and/or
transactions of the Client but the Client hereby acknowledges and
accepts that the Company shall not at any time provide any trust
services and/or trading consultation or advisory services to the Client.
The
Company shall process all transactions/Operations of the Client in
accordance with the terms and conditions of this Agreement and on an
execution-only basis. The Company shall not manage the Client’s Account
nor advise the Client in any way.
The Company shall process
the orders/transactions requested by the Client under this Agreement
irrespective of whether such orders/transactions may result to not being
beneficial for the Client. The Company is under no obligation, unless
otherwise agreed in this Agreement and/or other
documentation/information on the Website, to monitor or advise the
Client on the status of any transaction/order, to make margin calls to
the Client, or to close out any of the Client’s open positions. Unless
otherwise specifically agreed, the Company is not obligated to process
or attempt to process the Client’s order/transaction using quotes more
favorable than those offered through the Trading Platform.
The
Company shall not be financially liable for any operations conducted by
the Client through the Account and/or on the Trading Platform.
Each
Client shall be the only authorized user of the Company’s services and
of the corresponding Account. The Client is granted an exclusive and
non-assignable right to the use of and to access the Account and it is
his/her responsibility to ensure that no other third party, including,
without limitation, to any next of kin and/or to members of his/her
immediate family, shall gain access to and/or trade through the Account
assigned to her/him.
The Client shall be liable for all orders
given through his security information and any orders received in this
manner by the Company shall be considered to have been given by the
Client. So long as any order is submitted through the Account of a
Client, the Company shall reasonably assume that such orders are
submitted by Client and the Company shall not be under any obligation to
investigate further into the matter. The Company shall not be liable to
and/or does not maintain any legal relations with, any third party
other than the Client.
If the Client acts on behalf of any
third party and/or on behalf of any third party’s name, the Company
shall not accept this person as a Client and shall not be liable before
this person regardless if such person was identified or not.
The
Client has the right to cancel his order given to the Company within 3
seconds after the moment of giving such order to the Company
(hereinafter referred to as the “Cancellation”). The client agrees and
understands that the three seconds cancellation option offered by the
Company is applicable and available for the client as long as the price
remains unchanged. Three seconds from the moment of giving the order to
the Company by the Client via the platform, the Company may (but is not
obliged to) offer to buyout the option from the Client and the Client
have the right to agree to such offer (hereinafter referred to as the
“Buyout”). The Client is entitled to use such Cancellation or Buyout
option subject to the conditions specified on the platform. Such
conditions can also include the fee charged by the Company. Such fee is
specified on the platform. The Company is obliged to provide all
necessary information as to the conditions of Cancellation and Buyout,
their cost, etc. The Client acknowledges and agrees that provision of
such information on the platform is sufficient. The Client acknowledges
and agrees that the use of Cancellation or Buyout is very risky to the
Client as long as the cost of Cancellation and/or Buyout depends on the
market situation. The Client acknowledges and agrees that he bears all
the risks associated with the use of Cancellation and/or Buyout.
The
Client is entitled to use such Cancellation or Buyout option subject to
the conditions specified on the Trading Platform/Website, including
without limitation to any fee to be charged by the Company. The Company
shall be obliged to provide all necessary information as to the
conditions of Cancellation and Buyout, including any applicable costs,
etc. The Client acknowledges, accepts and agrees that provision of such
information on the Trading Platform is sufficient. The Client
acknowledges, accepts and agrees that the use of Cancellation or Buyout
option entail large risks for the Client, especially in the case where
the costs associated with Cancellation and/or Buyout, depend on the
market situation. The Client acknowledges, accepts and agrees that
he/she shall bear all risks associated with the use of Cancellation
and/or Buyout option.
It is understood and agreed by the
Client that the Company may from time to time, at its sole discretion,
utilize a third party to hold the Client’s funds and/or for the purpose
of receiving payment execution services. These funds will be held in
segregated accounts from such third party’s own funds and will not
affect the rights of the Client to such funds.
The Company
offers internal live chats where clients can share inter alia their
trading ideas and/or express their general thoughts. The client
acknowledges and agrees that the Company’s live chat feature is not and
will not constitute a valid and/or accurate information and/or
information addressed to the clients/potential clients and/or in any way
information that is controlled by the Company and/or investment advice,
as it is merely a feature allowing clients to inter alia express their
thoughts and ideas between themselves.
Provision of investment
advice shall only be carried out by the Company subject to a separate
written agreement with the Client and after assessing the Client’s
personal circumstances. Unless such written agreement has been entered
into between the Client and the Company, the provision of reports, news,
opinions and any other information by the Company to the Client does
not constitute investment advice or investment research.
Execution of Orders / Electronic Trading
By
accepting this Agreement, the Client accepts that he has read and
understood all provisions of this Agreement and related information on
the Website. The Client accepts and understands that all orders received
shall be executed by the Company as the counterparty of the transaction
in its capacity of Market Maker. The Company shall act as a principal
and not as an agent on the Client’s behalf for the purpose of the
Execution of orders. The Client is informed that Conflicts of Interest
may arise because of this model.
Reception of the order by the
Company shall not constitute acceptance and acceptance shall only be
constituted by the execution of the order by the Company.
The Company shall be obliged to execute the Client's orders sequentially and promptly.
The
Client acknowledges and accepts a) the risk of mistakes or
misinterpretations in the orders sent through the Trading Platform due
to technical or mechanical failures of such electronic means, b) the
risk of any delays or other problems as well as c) the risk that the
orders may be placed by persons unauthorised to use and/or access the
Account, and the Client agrees to indemnify the Company in full for any
loss incurred as a result of acting in accordance with such orders.
The
Client accepts that during the reception and transmission of his/her
order, the Company shall have no responsibility as to its content and/or
to the identity of the person placing the order, except where there is
gross negligence, willful default or fraud by the Company.
The
Client acknowledges that the Company will not take action based on the
orders transmitted to the Company for execution by electronic means
other than those orders transmitted 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.
The client acknowledges and agrees that any products
or services that may be offered by the Company may not always be
available for purchasing or use for trading purposes, and it is in the
Company's absolute discretion whether it will make these products
available or not to the clients at any time. The Company shall bear no
liability, monetary or otherwise, in relation to this section, including
without limitation to not making available any product at any given
time.
Limitation of Liability
The Company does
not guarantee uninterrupted service, safe and errors-free, and immunity
from unauthorized access to the trading sites' servers nor disruptions
caused from damages, malfunctions or failures in hardware, software,
communications and systems in the Client's computers and in the
Company's suppliers.
Supplying services by the Company
depends, inter alia, on third parties and the Company bears no
responsibility for any actions or omissions of third parties and bears
no responsibility for any damage and/or loss and/or expense caused to
the Client and/or third party as a result of and/or in relation to any
aforesaid action or omission.
The Company will bear no
responsibility for any damage of any kind allegedly caused to the
Client, which involves force majeure or any such event that the Company
has no control of and which has influenced the accessibility of its
trading site.
Under no circumstances will the Company or its
Agent(s) hold responsibility for direct or indirect damage of any kind,
even if the Company or its Agent(s) had been notified of the possibility
of aforesaid damages.
Settlement of Transactions
The Company shall proceed to a settlement of all transactions upon execution of such transactions.
An
online statement of Account will be available for printing to the
Client on the Trading Platform of the Company, at all times.
Indemnity and Liability
The
Client shall indemnify and keep indemnified the Company and its
directors, officers, employees or representatives against all direct or
indirect liabilities (including without limitation all losses, damages,
claims, costs or expenses), incurred by the Company or any other third
party in respect to any act or omission by the Client in the performance
of his/her obligations under this Agreement and/or the liquidation of
any financial instruments of the Client in settlement of any claims with
the Company, unless such liabilities result from gross negligence,
willful default or fraud by the Company. This indemnity shall survive
termination of this Agreement.
The Company shall not be liable
for any direct and/or indirect loss, expense, cost or liability
incurred by the Client in relation to this Agreement, unless such loss,
expense, cost or liability is a result of gross negligence, willful
default or fraud by the Company. Notwithstanding the provisions of
section 8.1 above, the Company shall have no liability to the Client
whether in tort (including negligence), breach of statutory duty, or
otherwise, for any loss of profit, or for any indirect or consequential
loss arising under and/or in connection with the Agreement.
The
Company shall not be liable for any loss of opportunity as a result of
which the value of the financial instruments of the Client could have
been increased or for any decrease in the value of the financial
instruments of the Client, regardless of the cause, unless such loss is
directly due to gross negligence, willful default or fraud on the part
of the Company.
The Company shall not be liable for any loss
which is the result of misrepresentation of facts, error in judgment or
any act done or which the Company has omitted to do, whenever caused,
unless such act or omission resulted from gross negligence, willful
default or fraud by the Company.
The Company shall not be
liable for any act or omission or for the insolvency of any
counterparty, bank, custodian or other third party which acts on behalf
of the Client or with or through whom transactions on behalf of the
Client are carried out.
Personal Data
By
accepting the terms and conditions of this Agreement, the Client
irrevocably consents to the collection and processing of his/her
personal data/information by the Company without the use of automatic
controls, as the same are provided by him/her to the Company. The term
personal data for the purposes of this Agreement shall mean: the Name,
Surname, Patronymic, gender, address, phone number, e-mail, IP address
of the Client, Cookies and information that relate to the provision of
Services to the Client (for example, the Client’s trading story).
The Client shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.
The
purpose of collecting and processing the personal data is to comply
with applicable regulating legislation requirements, including without
limitation to anti-money laundering regulations, as well as for any and
all purposes in relation to this Agreement, including without limitation
to enable the Company to discharge its obligations towards the Client.
The
Client acknowledges and consents to that, for the purposes described at
the section directly above, the Company shall be entitled to collect,
record, systematize, accumulate, store, adjust (update, change),
extract, use, transfer (disseminate, provide, access), anonymize, block,
delete, destroy such personal data and/or perform any other actions
according to the current regulating legislation.
The Client
acknowledges and consents to the Company storing, maintaining and
processing his/her personal data in the manner as described in this
Agreement during the term of the Agreement and for 5 years following any
termination of the Agreement.
The Client hereby acknowledges,
accepts, agrees and consents to the disclosure of personal data by the
Company to third parties and their representatives, solely for the
purposes of the Agreement, including without limitation in order to
facilitate processing/execution of the Client’s orders/Operations,
provided that at all times (i) the amount of personal data to be
disclosed to any such third party is proportionate and/or limited solely
to facilitate to the actions as described above, and (ii) the Company
shall ensure that such third party shall treat the personal data in
accordance with applicable laws and regulations.
The Company
shall not be entitled to make available the personal data in public
and/or disclose such personal data for any other purposes, subject to
disclosure required under applicable laws and regulations.
During
processing of the personal data, the Company shall take necessary
legal, organizational and technical measures to protect such personal
data from unauthorized or accidental access, destruction, change,
blocking, copying, provision, and dissemination as well as from any
other illegal actions.
Assignment
The Agreement
shall be personal to the Client and the Client shall not be entitled to
assign or transfer any of his/her rights or obligations under this
Agreement.
The Company may at any time assign or transfer any
of its rights or obligations under this Agreement to a third party. The
Company shall notify the Client of any such assignment.
Risk Statement
The
Client hereby confirms to have read, understood and hereby accepts the
risk statement relating to the use of Services on the Website, as the
same is available electronically via the Website.
The
Client hereby confirms to have read, understood and hereby accepts the
risk statement relating to the use of Services on the Website, as the
same is available electronically via the Website.
Charges and Fees
The Company shall be entitled to receive a fee from the Client regarding the Service(s), provided by the Company.
The
Company may pay fee/commission to business introducers, referring
agents, or other third parties based on written agreement. This
fee/commission is related to the frequency/volume of transactions and/or
other parameters.
The Company may pay fee/commission to
business introducers, referring agents, or other third parties based on
written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters. All applicable
fees or charges can be found on the Company’s Website (General Fees).
The Company has the right to amend its fees and charges from time to
time.
Ongoing trading fees, including inter alia swaps, shall
be charged and deducted from the Client’s account balance. In case the
Client does not maintain enough funds in his/her balance, the relevant
position subject to swap will be closed by the Company.
The
Client agrees that any amounts sent by the Client will be deposited to
the Account at the value on the date of the payment received and net of
any charges / fees charged by the bank or any other intermediary
involved in such transaction process and/or in any other case, the
Client shall authorize the Company to withdraw the fee by way of
transfer from the Client’s Account.
Duration and Termination of the Agreement
The Agreement herein shall be concluded for an indefinite term.
The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
In
case of any discrepancies between the text of the Agreement in English
and its translation in any other language, the text of the Agreement in
English as a whole shall prevail, as well as the English version/text of
any other documentation/information published on the Website.
The
Company shall be entitled to terminate this Agreement immediately
without giving prior notice if the Client fails to provide to the
Company his/her KYC documents within 14 days from the moment of
acceptance of this Agreement, constituting, thus, his/her Account as an
unverified Account.
In case of termination of this Agreement
for a reason indicated in section 15.b, subclauses i, ii and x of this
Agreement the Company shall have no liability towards the Client and no
obligation to pay the profit of the Client (if any).
In case
of termination of this Agreement for a reason indicated in sections 15.a
of this Agreement, the Company shall have either to wire to the Client
the remaining balance or to give to the Client the opportunity to
withdraw his/her remaining balance. In case of termination of this
Agreement for a reason indicated in section 16.b of this Agreement, the
Company shall have to wire to the Client the remaining balance excluding
any profit.
Terms and Conditions for 1-Click Service
The
Client shall agree to make a deposit to his/her Account to use the
Company Services or any other additional services ordered by the Client
on the Website as well as all additional expenses (if necessary),
including but not limited to any taxes, duties, etc. The Client shall be
completely responsible for timely depositing the funds into his/her
Account. Provider of payment services shall ensure only fulfillment of
payment in the amount defined by the Site and shall not be liable for
payment of the above-mentioned additional amounts by the Website’s
Client.
The payment is considered to be processed and cannot
be returned after clicking the “Payment” button. By clicking the
“Payment” button, the Client shall agree that he/she cannot return the
payment or require its recall. Additionally, by accepting the terms and
conditions herein contained , the Client as the owner of the payment
card confirms that he/she shall be entitled to use the Services offered
on the Website.
By accepting the terms and conditions of this
Agreement and depositing funds to the Account, the Client agrees to the
use the Website’s Services and accepts that the processing of any of the
Client’s payment shall be executed by a provider of payment services,
being a third party to this Agreement (the “Provider”), and the Client
further acknowledges and accepts that no legal right exists for return
of already purchased Services or other options of payment cancellation.
In case if the Client is willing to refuse from using the 1-Click
service for the next purchase of the Service, the Client can refuse from
1-Click service using the Account on the Website.
Note that
1-click deposits (recurring payments) are not processed as 3-D secure
transactions, the client needs to enable 3-D secure function if he would
like the payments to be processed as 3-D secure, as it's vital
information in regards to BTC withdrawal policy.
The Provider
shall not be in any case liable for the refusal/impossibility to process
the data connected with payment card of the Client, or for the refusal
connected with failure to obtain permission from the issue bank to
process payment using the payment card of the Client. The Provider shall
not be in any case liable for quality, amount, and price of any
service, offered to the Client or purchased by the Client of the Website
using the payment card of the Client. Paying for any Services of the
Website the Client first of all shall be obliged to fulfill the rules of
using the Website. We are asking to consider that only the Client as
the owner of the payment card shall be liable for timely payment of any
service ordered via the Website and for all additional expenses/fees
connected with this payment. The Provider shall only be the performer of
payment in the amount specified by the Website and shall not be in any
case liable for any pricing, general prices and/or total sums.
In
case of the situation connected with the Client’s dissent with the
terms mentioned above and/or any other reasons, we are asking the Client
to promptly refuse from making a payment and to directly address the
administrator/support of the Website if necessary.
Annex 1 - General Terms
Technical Regulation
The Client’s Responsibility
The Client acknowledges that these General Terms are an integral part of this Agreement.
It
is the Client's responsibility to verify that all transactions and
Service(s) received are not contradictory to any applicable law and to
undertake any other legal duty emanating from the use of Website at the
Client’s sole option, discretion and risk, and the Client is solely
responsible for ascertaining whether it is legal in the Client's
jurisdiction and/or place of residence. The Client holds sole liability
for all transactions in his Trading Account, including all cards
transactions or other means of deposit and withdrawal transactions (as
stated below). The Client acknowledges that the Company reserves the
right to accept or decline any deposit and/or funding and/or withdrawal
request by the Client depending on the payment method that the Client
chooses (which includes but is not limited to the third party financial
institution from which the Client wishes to deposit/withdraw funds with
the Company (Third Party Institutions)), and the Company may suggest to
the Client an alternative for its request. It is important to note that
the Company does not have and cannot in any way have any, control over
such Third Party Institutions and any transactions made by the Client
through the Platform using such institutions and it is hereby
acknowledged and agreed that the Company shall bear no liability,
monetary or otherwise, in relation to any loss of funds incurred by the
Client pursuant to any actions or omissions of Third Party Institutions.
The
Client is responsible for securing his/her Username and Password for
his Trading Account. The Client holds sole responsibility for any damage
caused due to any act or omission of the Client causing inappropriate
or irregular use of the Client Trading Account.
It is clearly
stated and agreed by the Client that the Client bears sole
responsibility for any decision made and/or to be made by the Client
relying on the content of the Website and no claim and/or suit of any
kind will arise to that effect against the Company and/or its directors
and/or employees and/or functionaries and/or Agents (the Company and/or
its Agents). The Company and/or its Agents will hold no responsibility
for loss of profits due to and/or related to the Website, Transactions
carried out by the Client, Services and the General Terms of use or any
other damages, including special damages and/or indirect damages or
circumstantial damages caused, except in the event of malicious acts
made by the Company.
Without limitation of the aforesaid and
only in the event of definitive judgment by court or other authorized
legal institution resolving that the Company and/or its Agent(s) hold
liability towards the Client or third party, the Company's liability, in
any event, will be limited to the amount of money deposited and/or
transferred by the Client to the Trading Account in respect of the
transaction which caused the liability of the Company and/or its
Agent(s) (if such was caused).
No Trading Account will be
approved without the completion of the Company’s compliance procedures,
including the identification and verification of the Account.
Risks
The
value of the Financial Instruments offered by the Company may increase
or decrease. The Client acknowledges that they fully understand the
risks involved in trading CFDs (and other similar products), including,
but not limited to, the risk of loss of all funds.
CFD Trading
does not give you any right to the underlying instrument of the
Transaction. This means that you do not have any interests in, or the
right to purchase any underlying shares in relation to such instruments
because the CFDs represent a notional value only.
Virtual
currencies are complex and high-risk products, and their prices
fluctuates widely; as such, they entail the risk of losing the entire
invested capital. Trading cryptocurrencies may result in significant
loss over a short period of time. Clients should not trade in virtual
currencies in case they do not have the necessary knowledge and
expertise in these products.
The Client acknowledges that he
has read, understood and accepted the Company’s risk disclosure
information found on the Company’s Website.
Financial Information
The
Company should not be held responsible for any losses that the Client
may incur (or to third party) due to reliance on inaccurate or erroneous
financial information on the Website.
The Client should
verify the accuracy and reliability of the information on the Website
and its appropriateness in comparison with other dependable information
sources. The Company will not be held responsible for any allegedly
caused claim, cost, loss or damage of any kind as a result of
information offered on the Website or due to information sources used by
the Website.
The Client approves and accepts that any oral
information given to him/her in respect of his Trading Account might be
partial and unverified. The Client accepts sole risk and responsibility
for any reliance on the aforementioned information. The Company does not
give any warranty that pricing or other information supplied by it
through its trading software or any other form is correct or that it
reflects current market conditions.
Quotes
The
Client acknowledges that the only reliable source of quote flow
information is the main server for customer requests. The quotes on the
Trading Platform cannot serve as a reliable source of information about
the real quotes flow, as in the case of unstable connection between the
Trading Platform and the server part of the quotes from the flow may not
reach the Trading Platform.
The graphs displayed on the
Trading Platform are indicative. Thus, the Company does not guarantee
that the transaction will be made at the same prices specified on the
graphs in the Trading Platform at the time of submission of the other
customer transactions.
The price displayed on the Trading Platform is formed by the formula (Bid+Ask)/2.
Non-market
quote – the price in the Trading Platform which does not correspond to
the price on the market at this moment of time (hereinafter referred to
as the “Non-market price”).
Copyright
Copyrights
and Intellectual Property (IP) on the Website are the Company's
property or of third parties which have authorized the Company to use
such IP on the Website and Service(s). It is forbidden to copy,
distribute, duplicate, present in public, or deliver the copyrighted
material, in whole or in part, to third parties. It is forbidden to
alter, advertise, broadcast, transfer, sell, distribute or make any
commercial use of the copyrighted material, in whole or in part, except
with duly signed prior permission from the Company.
Unless
explicitly stated otherwise, any material and/or message, including
without limitation, idea, knowledge, technique, marketing plan,
information, questions, answers, suggestions, emails and comments
(hereinafter – “Information”) delivered to the Company shall not be
considered the Client's confidential or proprietary right of. Consent to
the Agreement will be considered as authorization to the Company to use
the entire Clients' Information (excluding Clients' Information
designated for personal identification), at the absolute and sole
discretion of the Company without requirement of any additional
permission from the Client and/or the payment of any compensation due to
such use.
Client undertakes that any notice, message or any
other material supplied by the Client shall be appropriate and shall not
harm other persons including their proprietary rights. Client shall
refrain from uploading or sending any illegal and/or harmful and/or
disturbing to other Clients material, and is strictly forbidden from
taking any action, which might damage the Company.
Content and Third Parties’ Websites
The
Website might include general information, news, comments, quotes and
other information related to financial markets and/or advertising. Some
information is supplied to the Website by unaffiliated companies.
The
Company does not provide investment research. All news, comments,
quotes and other information related to financial markets published by
the Company are of promotional/marketing nature only.
The Company does not prepare, edit or promote the information/links and/or other information provided by unaffiliated companies.
The
Company will not be liable for the content of any third-party websites
or the actions or omissions of their proprietors nor for the contents of
third party advertisements and sponsorship on those websites. The
hyperlinks to other websites are provided for information purposes only.
Any Client and/or potential client use any such links at his/her own
risk.
Processing of Client Orders to Open Positions
If the amount of available funds is sufficient to open a position - the position will be opened.
If the size of the available funds is insufficient to open a position - the position will not be opened.
The
Client’s order to open a position is processed, and the position is
opened only after the corresponding entry in the server log file. Each
new position is assigned with a serial number.
Processing of Client Orders to Close Positions
Closing of trading position occurs at the current price at the trading server at the moment of closing of the trading operation.
OTC Assets
OTC Asset or “over the counter” is an asset that traded out of the regular market (hereinafter referred to as the “Asset”).
The Asset’s price is formed from data for trade requests and orders of the Clients, received by the Company.
The
Client acknowledges that by making trade requests and orders on such
Asset, he/she understands the essence of the work of such an Asset and
the pricing algorithm of the Asset.
The Client acknowledges
that by making trade requests and orders on such Asset, he/she admits
that the only reliable source of quoting information is the main server
for the trade orders of the Clients.
Benefits
The
Company may provide benefits to clients, including but not limited to,
VIP status, tournaments and/or other privileges (“Benefits”), at its
absolute discretion and subject to fulfilling the required conditions.
The Client acknowledges and accepts:
The Company reserves
the right, without prior notification, to amend or cancel any of the
Benefits provided at any time for any reason;
Conditions are subject to change at any time and may vary depending on each region;
It
is prohibited to abuse any of the privileges provided by the Company
(e.g. creating multiple trading accounts to claim these Benefits);
The client may submit a request to to stop receiving such Benefits at any time.