- IS6FX Brokerage services are provided by TEC Solution Ltd (hereinafter called “We”, or the "Company") OFFERS ITS SERVICES STRICTLY UNDER THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE NON - NEGOTIABLE AND MAY BE AMENDED AFTER PROPER NOTICE HAS BEEN GIVEN TO YOU (THE "CLIENT") AT THE ABSOLUTE DISCRETION OF THE COMPANY, SUBJECT TO THE PROVISIONS OF THE TERMS BELOW (THE “AGREEMENT”).
- BY ACCEPTING THIS AGREEMENT ON THE COMPANY'S WEBSITE, THE CLIENT CONFIRMS THAT IT HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS AGREEMENT WHICH SHALL GOVERN THE USE OF THE TRADING PLATFORM AND THE TRANSACTIONS ENTERED INTO BETWEEN THE CLIENT AND THE COMPANY. THE CLIENT IS PROMPTED TO SAFEGUARD A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
In this Agreement, the following terms shall, unless the context otherwise pledges, have the following meanings, and may be used in the singular or plural as appropriate:
- Access Codes – the username and password given by the Company to the Client for accessing the Trading Platform.
- Account – Any Transactions account which the Company may open for the Client.
- Account Statement – the periodic statement of the Transactions credited or debited to an Account
- Available Margin – funds not used as the guarantee for Positions at a given time, calculated as follows: Available Margin = (Equity + outstanding Extra Margin) – Used Margin.
- Balance – the sum held on behalf of the Client in its Account at a specific point in time.
- Bank Account – an account with a bank or other financial institution in which the Company shall hold funds in the name of the Client or in the name of the Company on behalf of the Client, segregated from the Company’s own funds.
- Client - the natural person, legal entity or firm who has (have) accepted this Agreement
- Financial Markets – international financial markets in which currency and other financial assets’ exchange rates (including commodities) are determined in multi-party trade.
- Financial Instruments – any of the financial instruments offered by the Company.
- Introducing Broker (IB) - a Person (including its employees, subsidiaries, sub-agent, and affiliates) which is remunerated by the Company for referral of Clients to the Company.
- Website - the Company’s website located at www.is6.com or any website owned and/or operated by the Company.
- Order – Market Order, Limit Order, Call, Put.
- Position – means an outstanding Transaction for the sale or purchase of a Financial Instrument, held in the Account, which has not yet been closed.
- Spread – the difference between the purchase price “ASK” (rate) and the sale price “BID” (rate) of the same Underlying Asset, at a given moment.
- Trading Conditions – the specific trading conditions published in the Company’s Website, including trading hours, minimum and maximum quantities, Corporate Actions, expiration dates, margin requirements, instrument specifications, Bonus Term and Condition and trading rules.
If there is any conflict between the provisions of this Agreement and relevant Laws and Regulations, the Laws and Regulations shall prevail.
This Agreement is personal to the Client who does not have the right to assign or transfer or sublicense any of its rights or obligations hereunder.
The Company may, at any time and in its sole discretion, assign or transfer to any legal or natural person any of its rights or obligations as they arise or are provided for in this Agreement.
A person who is not a party to this agreement shall not have any rights to enforce any term of this Agreement.
4.Provision of the services
Subject to: (i) the terms and conditions of this Agreement, (ii) the Client acceptance of this Agreement and all other applicable documents as the Company may require in its sole discretion, and (iii) the Company’s acceptance of the Client’s application to open an Account, the Company will: (a) Open an Account in the Client’s name and allow the Client to enter into Transactions through the Trading Platform; (b) Act as a counter-party for the Client’s Transactions; and (c) Provide such other products and services as the Company may, in its sole discretion, determine from time to time.
The Client acknowledges that the Services do not include the provision of investment advice. Any investment information as may be announced or provided by the Company or on its behalf does not constitute investment advice services whatsoever, or in any circumstances and shall be regarded as given for informative purposes only. No information announced or provided by the Company shall be deemed as an assurance or guarantee on the expected results of any Transaction.
The Client agrees and acknowledges that it is solely responsible for any investment strategy, Transaction or investment, composition of any account and taxation consequences and the Client shall not rely for this purpose on the Company. It is also understood and accepted that the Company shall not bear any responsibility in any manner or form whatsoever, regardless of the circumstances, for any such investment strategy, transaction, investment or information, composition of any Account or taxation consequences.
In relation to any orders placed with the Company, the Company will affect such a Market Maker (principal). The Client is informed that following execution of any Order, the Company may, at the Company's sole discretion, subsequently hedge each Position with another financial firm (including companies within the group of companies of which the Company is a member), offset each Position with another Position, or retain a proprietary Position with the intention to obtain trading profits from such Positions.
The Client understands and accepts that the Company is unable to provide the Client with any legal advice or assurances in respect of the Client’s use of the Services and the Company makes no representations whatsoever as to the legality of the Services in the Client’s jurisdiction. It is the Client’s obligation to verify the relevant laws in the Client’s jurisdiction before registering with the Website, applying for an Account and using the Services or Trading Platform. The Company does not intend to enable the Client to contravene any applicable laws and regulations. The Client represents, warrants, and agrees to ensure that the use of the Trading Platform and the Services will comply with all applicable laws, statutes, and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Trading Platform or the Services by the Client. The Client should consult a legal counsel in the applicable jurisdiction if in doubts about the legality of the use of the Trading Platform and the Services under the laws of any jurisdiction that apply to the Client.
5.Acknowledgements of risks
The Services provided by the Company under the terms and conditions of this Agreement are only suitable for customers who understand the risks and have the experience in taking risks involved utilizing the Financial Instruments offered by the Company.
- The Client unreservedly acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may be reduced to zero value.
- The Client unreservedly acknowledges and accepts that it runs a great risk of incurring losses and damages as a result of the purchase or sale of any Financial Instrument via the Company and through the Trading Platform and accepts and declares that it is willing to undertake this risk.
- The Client declares that it has read and understands and unreservedly accepts the following:
- Information of the previous performance of a Financial Instrument does not guarantee its current or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.
- When a Financial Instrument is traded in a currency other than the currency of the Client’s country of residence, any changes in the exchange rates may have a negative effect on its value, price, and performance.
- A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.
- The Client acknowledges and accepts that there may be other risks which are not contained in this Section 5.
The following persons may not use the Trading Platform, open an Account, enter into Transactions with the Company, or use any of its services:
- Any persons who is under the age of 18 or the age of legal consent for entering into Transactions with the Company and/or obtaining its services under the laws of its jurisdiction, whichever is higher.
- Any person included in the List of Specially Designated Nationals and Blocked Persons maintained by OFAC and any Person who reside in jurisdictions in which CFD trading, or any other leverage or margin based financial trading is illegal or in any other jurisdiction in which the Company, at its sole discretion, does not offer its services, including without limitation, the United States of America, British Virgin Islands, member states of the European Union, Australia, New Zealand, Israel, Turkey, Iran, Syria, North Korea, Brazil, as well as countries in respect of which OFAC administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals and other countries as set out in the Company’s Website.
In order to open an account, the Client shall be required to successfully conclude the Registration Process as determined by the Company, at its sole discretion.
During the Registration Process and prior to opening the Account and the transmission and execution of Orders, the Client shall be requested to provide the Company with identification details and documents (which shall typically include but not limited to, an identity card or passport, proof of address such as a recent utility bill, and proof of the Client’s payment method), as well as details regarding the origin of its funds and its financial status, experience and education. Such information and documents may further be requested periodically and where the Company, at its reasonable discretion, finds that such information or documentation is required.
The Client warrants and represents that at all times the all information provided to the Company shall be true, accurate, up to date and complete and that the Client shall update the Company in writing or through the Trading Platform (where available) upon any change of the information provided.
The Client acknowledges that the Company is under no obligation to accept its application for an Account and that during or following the Registration Process, the Company may, at its sole discretion, reject the application. The Client further agrees that until the satisfactory conclusion of the Registration Process and the opening of an Account or the rejection of the application, the access to the Company’s services and the Trading Platform may be limited. The Client further agrees that if, during the Registration Process or at any time thereafter, the Company suspects that the Client had breached its representations and warranties made herein, provided the Company with inaccurate, incomplete or false information or documents, did not receive the information or documentation required within the time frame determined by the Company or has reasonable grounds to suspect that the Account constitutes or may constitute an Anti-Money Laundering and Prevention of Terrorism Financing or other regulatory risk, the Company may freeze the Account, either by prohibiting additional deposits, declining Orders, declining or delaying any withdrawal requests, refunding balance to the deposit source, terminating existing Positions and/or any other means it is allowed or required, subject to Applicable Law. The Client agrees that the Company shall not be liable for any loss, damage, or expense of any kind which the Client may suffer as a result of such cases.
Notwithstanding the above, on a case by case basis and at the Company’s sole discretion, the Company may provide the Client an Account in non-trading/no Service (read only) mode or an Account with limited trading possibilities (such limitations may include a maximum amount which may be invested or a limit on duration of trading) or in other mode that may be provided by the Company from time to time, during and following the Registration Process. The Client acknowledges and agrees that should the Client fail to comply with the Company’s Registration Process and/or anti-money laundering requirements, the Company shall have the right to immediately limit or terminate the Services in accordance with Section 14 of this agreement.
7.Client’s warranties & Representations
The Client warrants and represents to the Company that:
- The Client has read and fully understood the terms of this Agreement
- The Client is Legally of Age as defined in this Agreement, is of sound mind and capable of taking responsibility for its actions
- The Client is duly authorized to enter into this Agreement, to give Orders, instructions, and requests, appoint an Authorized Person and to perform its obligations hereunder.
- The Client is the individual who has completed the Registration Process or, if the Client is a legal entity, the person who has completed the registration on the Client’s behalf is duly authorized to do so and has the authority to bind that legal entity to this Agreement.
- The Client is not an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company, other entities in the Company’s group or any affiliate thereof.
- The Client is not an employee of any firm whose securities are an underlying asset of a CFD offered by the Company or of an exchange in which the Underlying Asset is traded.
- The Client is fully aware that there is a risk of losing money when trading Financial Instrument and is fully responsible for any such loss. In relation to Client’s losses it shall have no claims whatsoever against the Company or any of its partners or their respective directors, officers or employees
- All details provided by the Client to the Company either during the Registration Process, in relation to an Authorized Person or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive funds in the Client’s Account.
- All actions performed under this Agreement will not violate any law, regulations or rule applicable to the Client or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds are affected.
- The Client has chosen the particular type of service and Financial Instrument, taking its total financial circumstances into consideration which it considers reasonable under such circumstances.
- The Client is not a Politically Exposed Person and will promptly notify the Company if at any stage during the course of this Agreement he or she becomes a “Politically Exposed Person”. For the purpose hereof, a "Politically Exposed Person" shall mean: an individual who is or has been entrusted with prominent public functions and members of his immediate family, or persons who are known to be close associates of such individuals. PEPs may be domestic or foreign and generally comprise persons who are Heads of State/government, cabinet ministers/secretaries of state, judges (including magistrates where they exercise enormous jurisdiction), senior political party functionaries and lower political party functionaries with an influencing connection in high ranking government circles, military leaders and heads of police and national security services, senior public officials and heads of public utilities/corporations, members of ruling royal families, senior representatives of religious organizations where their functions are connected with political, judicial, security or administrative responsibilities. The Client acts for itself and not as a representative or a trustee of any third person, unless the Client produced, to the satisfaction of the Company and at its sole discretion, a document and/or powers of attorney enabling the Client to act as representative or trustee of any third person.
- All funds deposited by the Client in the Account belong to the Client, are free of any lien, charge, pledge and any other encumbrance and were not obtained by the Client, either directly or indirectly, from illegal activity. If the company reasonably suspects that the client is in breach of the above warranty, it may, without derogating from its other rights under this agreement and applicable law, to freeze the Account, either by prohibiting additional deposits, declining Order and/or declining or delaying any withdrawal requests, terminating existing Positions and/or any other means it is allowed or required to take under Applicable Law. The Client agrees that the Company shall not be liable for any loss, damage, or expense of any kind which the Client may suffer as a result of such cases.
- The Client acknowledges that all Transactions will be performed only through the Trading Platform provided by the Company and the Financial Instruments are not transferable to any other Trading Platform whatsoever.
- The Client agrees not to use the Trading Platform and/or give an Order or enter into Transaction within the definition of market abuse or in any other abusive way, including lag trading and/or usage of server latency, price manipulation, time manipulation, scalping or any other practices which are illegal and/or are utilized to give the Client an unfair advantage or which the Company considers at its sole discretion as inappropriate and outside the scope of this Agreement and/or as unfair business conduct. Such practices may further include holding long and short Positions in the same or similar instruments at similar times, including through different accounts, accounts held with different entities connected to the Company or together with others, for the purpose of manipulating or taking advantage of the Company or any of the services and benefits it may offer.
- The Client shall not use any software for the purpose of automatic/algorithm trading in the Account, without express approval from the Company. Furthermore the Client shall not use or allow the use of any device which performs transactions, in any manner obstructs and/or interferes with the regular and ordinary carrying out of such transactions as contemplated by the Company (i.e. using expert advice software, auto clicker and similar software) without prior company approval.
- The Client shall not allow any third party (including a relative) other than an Authorized Person to use its Account, Access Codes or identity to access or use the Services (including by depositing funds from third parties) or the Trading Platform and the Client shall be fully responsible for any activities undertaken on its Account by a third party using the Client's Access Codes.
- The Client is solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with its use of the Website, the Trading Platform, and the Services. Client shall be responsible for all access and service fees necessary to connect to the Website and the Trading Platform and assumes all charges incurred in accessing such systems. The Client further assumes all risks associated with the use and storage of information on its personal computer or on any other computer or electronic device through which the Client will gain access to the Website, the Trading Platform, and the Services.
- The Client will implement, operate, and maintain appropriate protection in relation to the security and control of access to its computer, and against computer viruses or other similar harmful or inappropriate materials, devices, information, or data.
- The Client shall not 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.
- The Client shall use the Services only in good faith. In the event that the Company deems that the Client has been using the Services in bad faith the Company shall have the right to close the Client's Account and the Company shall be entitled to retain all monies therein. Client hereby expressly waives any future claims against the Company in such regard.
- The Client will not commit any acts or display any conduct that damages the reputation of the Company.
When using the Website or Trading Platform, the Client will not, whether by an act or omission, do anything that will or may violate the integrity of the Company’s electronic or computer system or cause such system to malfunction. The Client is solely responsible for providing and maintaining the equipment necessary to access and use the Website or Trading Platform.
The Client acknowledges that the internet may be subject to events which may affect the Client's access to the Website or Trading Platform, including but not limited to interruptions or transmission blackouts. The Company is not responsible for any damages or losses resulting from such events or for any other losses, costs, liabilities, or expenses (including without limitation, loss of profit) which may result from the Client's inability to access the Website or Trading Platform or delay or failure in sending Orders.
The Company cannot be responsible for not fulfilling any obligations under this Agreement because of internet connection failures or public electricity network failures or hacker attacks. The Company will not be responsible for executing any Orders as a result of the foregoing. The Company further reserves the right to ask the Client to give instructions regarding the Client’s transactions by other means that it deems appropriate.
The Company shall not be held responsible in the case of delays or other errors caused during the transmission of Orders and/or messages via computer or other electronic device used to access the Trading Platform. The Company shall not be held responsible for information received via computer or for any loss which the Client may incur in case this information is inaccurate.
The Company shall allow the Client to fund the Account without minimum deposit threshold. However, in order to open an Account, the Client shall have to deposit a minimum amount per the Company’s specifications detailed in the Website. Such sums of minimum deposit may vary from time to time.
The Company shall accept deposits only through the means indicated in the Trading Platform and shall not accept cash deposits.
The Company shall accept only deposit of funds that transferred to the Company, from the Client’s bank account or through means of transfer that are linked to a bank account that is in the name of the Client. The Company shall not accept deposit from other third parties which are not the Client. Subject to applicable law and the terms of this Agreement, the Company must be satisfied that the depositing entity is the Client or the Authorized Person before making any amount available to the Account, otherwise the Company reserves the right at its sole discretion to refund or send back the net amount received to the remitter by the same method as received. The Company accepts no responsibility for any funds not deposited directly into Company’s Bank Account.
In order to use the Services, the Client understands and accepts that first it shall require depositing funds in the Account. In order to secure the identity of the Client, the Company must receive sufficient information about the transfer from the sending bank to make a certain identification of which Client and which account the funds shall be registered on. Therefore, the Client understands and accepts that the Company shall credit the Account only when all details of the transfer are clarified, and therefore there is no certainty the Account shall be credited immediately upon the Client’s transfers order to the relevant bank.
The Client acknowledges that the Company cannot be held liable for how many days it takes from the sending bank, or other financial institution, or third party payment solution providers, to send funds to the Company and the time the Company shall receive the funds.
In the event of a chargeback received with respect to any of the Client’s deposits from a credit card issuer or other payment method for any reason, the Company shall have the right to immediately and without any notice freeze the Account, either by prohibiting additional deposits, declining Orders, declining or delaying any withdrawal requests, immediately terminating any or all existing Positions, charging the Client’s Balance for the chargeback amount including all related costs, terminating this Agreement and/or any other means it is allowed or required, subject to Applicable Law. The Client agrees that the Company shall not be liable for any loss, damage, or expense of any kind which the Client may suffer as a result of such cases.
The Client authorizes the Company to make any deposits and withdrawals from the Bank Account on its behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all Transactions undertaken under this Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person.
Unless the Company and the Client otherwise agree in writing, any amount payable by the Company to the Client, shall be paid directly to the Client.
The Client has the right to withdraw the Available Margin (not including Extra Margin and unrealized cashbacks\rebates), free from any obligations (not including fees, if applicable) from its Account without closing the said Account.
Money transfers (withdrawal from Trading Account) shall be initiated by the Company without delay and in accordance with applicable law. Upon receiving a withdrawal request, the amount requested shall be deducted from the Balance. The Company reserves the right at its sole discretion to decline a withdrawal request if the request is not in accordance with Section 10, or delay the processing of the request if it suspects that the Client is in breach of the Agreement or applicable law.
The Client agrees to pay any incurred bank transfer fees when withdrawing funds from the Account to its designated bank account. The Client is fully responsible for the payments details that it has provided to the Company and the Company accepts no responsibility for the Client’s funds if the Client’s given details are incorrect. It is also understood that the Company accepts no responsibility for any funds not deposited directly into Company’s Bank Account.
Withdrawals of funds deposited can only be made using the same method used by the Client to fund the Account and to the same remitter. Withdrawals of profits may only be transferred to a bank account under the Client’s name. The Company reserves the right at its sole discretion to decline a withdrawal with specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. The Company further reserves the right to request further documentation while processing the Clients’ or Authorized Persons’ withdrawal request. If the Company is not satisfied with any documentation provided by the Client or the Authorized Person, the Company may reverse the withdrawal transaction and deposit the amount back to the Account.
In the event that any amount received in the Bank Account is reversed by the bank with which such Bank Account is held, at any time and for any reason, the Company will immediately reverse the affected deposit from the Account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood by the Client that these actions may result in a negative Balance in all or any of the Accounts.
The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any act, omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the Client’s Orders or from which Transactions are carried out on behalf of the Client, unless to the extent where this would be the result of gross negligence, deliberate omission or fraud on the part of the Company. Without derogating from the above, the Company’s aggregate liability towards the Client in respect of claims of the Company’s gross negligence, deliberate omission or fraud will be limited to the aggregate amount of the deposits less withdrawals made by the Client in the relevant Account.
The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to deliberate acts or omissions by the Company or its employees.
The Client agrees to fully indemnify, defend and hold the Company, its partners and their respective companies and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) the execution of this Agreement; (ii) the provision of the Services; (iii) any breach of this Agreement by the Client; (iv) violation by the Client of any law or regulation or the rights of any third party; (v) use by the Client or an Authorized Person of the Services or Trading Platform or use by any other person accessing the Services or Trading Platform using Client’s or Authorized Person’s Access Codes; or (vi) Orders or instructions provided by the Client or an Authorized Person or any other person claiming to act in Client’s name.
. In addition to any other remedy available, if the Client breaches any of these terms and conditions of this Agreement or the Company has reasonable grounds for suspecting that the Client had breached the terms and conditions of this Agreement, in addition to any other remedies available to the Company, the Company may retain any positive Balance then existing in the Client’s Account on account of any damages or other amounts owed by the Client to the Company pending investigation or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, Account closure or legal action being taken against the Client.
The Company shall not be held liable for any loss which is the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever and however it arose.
The Company shall not be held liable for any damage caused to the Client as a result of any acts, omissions, negligence, or fraud by the institution where the Client's bank account is maintained.
The Company shall not be held liable for the loss of Financial Instruments and funds of the Client, including the cases where the Client’s assets are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
Although the Company takes all reasonable steps and makes such general enquiries from readily available sources to ensure to the best of their ability that the Banks it transacts its business through or in which deposits of Client monies are made, the Company cannot guarantee and therefore accepts no liability for the financial standing of any bank or other regulated financial institution in which such deposits are made and accepts no responsibility in the event of liquidation, receivership or otherwise failure of such bank or institution which leads to a loss of all or any part of the funds deposited with them.
The Company shall not be held responsible or liable in the case of delays or other errors caused during the transmission of Orders or messages via the Internet or other communications network, as well as for damage which may be caused by the non-validity of securities, or a mistake in the Balance. The Company shall not be held responsible or liable for information received via the Internet or other communications network or for any loss which the Client may incur as a result of inaccurate information.
The Company shall not be liable to the Client or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Client’s, or any third parties, use of the Trading Platform or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated profits), business interruption, loss of business information, or any other pecuniary or consequential loss (even where the Company has been notified by the Client of the possibility of such loss or damage).
The Company shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Client’s use, of any link contained on the Website. The Company is not responsible for the content contained on any Internet site linked to from the Websites or via the Trading Platform.
The Client confirms that the Company shall not be liable to the Client or any third party for any modification to, suspension of or discontinuance of the Services.
Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.
Illegal Funds and Unlawful Activities: the Client declares that in addition to the warranty provided by the Client) regarding funds not being directly or indirectly proceeds of any illegal act or omission, the Client will not use the Services or Trading Platform in any way as a money transfer system. The Client will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to the Client. If the Company has a suspicion that the Client may be engaging in or have engaged in fraudulent, abusive, unlawful or improper activity, including, without limitation, money laundering activities or engaging in a transaction out of market rates, or conduct otherwise in violation of this Agreement, the Client’s access to the Services and Trading Platform may be terminated immediately or the Client’s Account shall be blocked. If the Client’s Account is terminated or blocked in such circumstances, the Company is under no obligation to refund to the Client any funds that may be in the Client’s Account. In addition to terminating the Client’s access to the Services and Trading Platform and blocking the Client’s Account, the Company reserves the right at its sole discretion to prevent the Client from accessing any of the Company's other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of the Client’s identity and of any suspected unlawful, fraudulent or improper activity and the Client will cooperate fully with the Company to investigate any such activity.
In order to use this service, users must not have the acts listed below. If the following acts are found, we might unconditionally stop or remove the use, we may also freeze the reward. It shall be processed by a legal action in some cases. The judgment about the presence or absence of prohibited acts is done in our company. It is assumed that it does not require any explanation of the content and rationale to the user.
- The act of a person to use other than the account holder.
- The act of using one account with multiple names.
- The act of the registered user as a user who does not exist.
- The act of user registration under the age of 18 years old.
- The act of registration of an anti-social person, ex-convict, and violators of laws and regulations and appropriately prohibited by our company.
- The act to be registered without the consent of such legal representative at the time of application of either incompetent individual or quasi-incompetent person.
- In the user registration, the act to be registered in the state of omissions by false statements, clerical error, or intended to report matters.
- In the type of one registration, the act of the same person having two or more accounts (except when the Company has recognized special case)
- Illegal or act of suspicious activity.
- Trade acts that earn unjustly trade rewards.
- Trade acts that are regarded as inappropriate at our discretion.
- Having deposits to two merchants (or multiple trader), conducts hedge trading.
- Conducts hedge trading by having multiple accounts in our company.
- Conducting repeated deposits and trading at the same time with a third party and conducting withdrawals at the same time.
- Trading regarded as malicious that were aimed the blind spot of providing systems and services.
- During economic indicators, such as announcement of American employment statistics, as well as government and central bank intervention, transactions regarded as malicious aimed only at the timing of rapid market changes.
- Trading by huge number of Lots without prior notice.
- Regardless of the intentional negligence, the act to interfere with the Company's operation.
- The act of infringement of the Company and copyright and other rights of subcontractors.
- The act that beget disadvantages by slandering or damaging the honor of the Company or a third party.
- Acts of copyright such as other intellectual property rights, of moral rights such as portrait rights, infringement of other legal rights or worthy of protection rights, or any act in violation of the relevant laws and regulations.
- Act of infringement of a third party's privacy.
- Acts misleading to the judgment of consumers, or the act when the customer’s judgment is determined undesirable and the Company have to do the judgment.
- Acts of anti-social behavior and acts appropriately prohibited by our company or violations of laws and regulations.
Circumvention: The Company has developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Trading Platform. The Client shall not break into, access, or attempt to break into or access or otherwise circumvent the Company's security measures. If, the Company believes, in its sole discretion, that the Client is in breach of this Section, the Company may terminate the Client’s access to the Services immediately or have the Client’s Account blocked, and the Company may inform Interested Third Parties of the Client’s breach of this Section.
13.Duration of this Agreement and Amendment thereof
This Agreement shall take effect upon the Client accepting it on the Company’s Website and shall be valid for an indefinite time period until its termination in accordance with the terms of this Agreement.
This Agreement may be amended, modified, updated or changed unilaterally by the Company (i) if such amendment is necessary following an amendment of the Laws and Regulations or if the Financial Services Commission or any other regulatory authority issues decisions or binding directives which affect this Agreement; or (ii) for any reason which the Company may decide in our sole discretion. In any such case, the Company shall notify the Client of the said amendment either in writing or per electronic mail or through the Website, or through the Trading Platform and the Client’s consent shall not be required for any such amendment.
The sole right granted for the Client in case of unilateral amendment of this Agreement, shall be the Client’s right to terminate this Agreement within 15 days from the notification by sending a registered letter and on the condition that all pending transactions on behalf of the Client shall be completed. Upon expiry of the above deadline without the Client having raised any objection, it shall be considered that the Client consents or accepts the content of the amendment.
The Client has the right to terminate this Agreement by giving the Company at least seven 7 days written notice, specifying the date of termination in such, on the condition that in the case of such termination, all Client's Positions shall be closed by the date of termination. The first day of the notice for this Section 14 shall be deemed to be the date such notice has been received by the Company.
The Company may terminate the Agreement by giving the Client at least seven 7 days written notice, specifying the date of termination therein.
The Company may terminate this Agreement immediately in the following cases: i) if the Client’s use of the Services or the Trading Platform has been improper or breaches the spirit of this Agreement; ii) if the Client’s Account is associated in any way with any account which has been terminated. If an Account is associated with, or related to, any existing blocked accounts, Company may terminate an Account irrespective of the nature of this relationship and the Access Codes provided in relation to said Accounts; iii) death of the Client; iv) if any application is made or any order is issued or a meeting is convened or a resolution is approved or any measures of bankruptcy or winding up of the Client are taken; v) such termination is required by any competent regulatory authority or body; vii) The Company believes that the Client has violated or violates any provision of this Agreement; viii) in the Company’s sole discretion this Agreement cannot be implemented; ix) the Client violates any law or regulation to which it is subject, including but not limited to, laws and regulations relating to exchange control and registration requirements; x) the Client involves the Company directly or indirectly in any type of fraud (all of the above, "Events of Default").
The termination of this 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 any i) pending fee of the Company and any other amount payable to the Company; and ii) any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this Agreement; and (iii) charges incurred for transferring the Client’s investments to another investment firm; and iv) any damages which arose during the arrangement or settlement of pending obligations, and v) funds as necessary to close Positions which have already been opened; and vi) any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by the Company on the Client’s behalf; and vii) any damages which arose during the arrangement or settlement of pending obligations; and viii) transfer fees for Client funds, and the Client shall have no claims against the Company in such regard.
The Company reserves the right at its sole discretion to reverse all previous Transactions which places the Company’s interests or all or any its clients’ interests at risk before terminating this Agreement.
Upon termination of this Agreement, the Company shall immediately hand over to the Client the Client’s assets in its possession, provided that the Company shall be entitled to keep such Client’s assets as necessary to close Positions which have already been opened or pay any pending obligations of the Client, including, without limitation, the payment of any amount which the Client owes to the Company under this Agreement, and shall have the right to initiate the following actions: i) combine any Accounts, consolidate the Balances in such Accounts and to setoff those Balances; ii) close any or all Positions; iii) close the Account; iv) cease to grant the Client access to the Trading Platform; v) convert any currency; vi) suspend or freeze or close any Position or reject Orders; vii) refuse to open new accounts for the Client.
The right to terminate this Agreement contained in this Section 14 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.
15.Relationship between The Company and the Client
The Company reserves the right to use, employ or appoint third qualified and duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client.
The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand itself and its associated persons and clients and on the other hand, its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest:
- The Company or any associated company or any company which is a member of the group of companies to which the Company belongs to, might:
- Enter itself into an agreement with the Client in order to execute his Order;
- Be an issuer of the underlying assets or future contract on which the Financial Instruments in which the Client wishes to conclude a transaction is based;
- Act on its behalf or for another client as purchaser or seller or may have an interest in the underlying assets or future contract on which the Financial Instruments of the issuer in which the Client wishes to conclude a transaction is based; or
- Act as an agent, or have any trading or other relationship with any issuer of the underlying assets or future contract on which the Financial Instrument is based;
- The Company may execute different orders (even contrary to one another) on behalf of different clients.
- The Company may mitigate the risk associated with the Client's transactions with, and obtain coverage for such risk from, any company which is a member of the group of companies to which the Company belongs.
16.Dealing with Client’s information
The Company shall have no obligation to disclose to the Client any information or take into consideration any information either when making any decision or when it proceeds to any act on behalf of the Client, unless otherwise expressly cited in this Agreement and where this is imposed by the relevant Laws and Regulations in force.
The Company has the right at its sole discretion, without informing the Client beforehand, to disclose such details of the Client’s transactions or such other information as it may deem necessary in order to comply with any requirements of any person entitled to require such a disclosure by law or with any Company obligation to proceed to the said disclosure to any person.
The Company will handle all of Client’s personal data according to the relevant Laws and Regulations for the protection of personal data.
Unless the contrary is specifically provided, any notice, instructions, authorizations, requests or other communications to be given to the Company by the Client under this Agreement shall be in writing and shall be sent to the Company’s address (as detailed below) or to any other address which the Company may from time to time specify to the Client for this purpose and shall take effect only when actually received by the Company, provided they do not violate and are not contrary to any term of this Agreement.
Notices to us shall be sent to the following postal address or email to the Company’s administrative office:
- Physical Address: Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent, and the Grenadines
- E-mail: firstname.lastname@example.org
Without prejudice to the provisions of this Section 20, all communication or information or notices shall always be provided by the Company to the Client solely via means other than on paper which may include electronic communication means including but not limited to the e-mail address provided by the Client during the registration process or via the Website or via the Trading Platform.
It is the Client responsibility to inform the Company of any change to Client’s email address (or any other relevant personal information), the non-receipt of a confirmation, or whether any confirmations are incorrect before settlement.
The Company reserve the right, at our discretion, to confirm in any manner the instruction or Orders or communications sent through the Trading Platform. The Client accept the risk of misinterpretation or mistakes in the instructions or Orders sent by the Client or an Authorized Person, regardless of how they have been caused, including technical or mechanical damage.
The Client acknowledges that no representations were made to him by or on behalf of the Company which have in any way incited or persuaded him to enter into this Agreement
If the Client is more than one person, the Client’s obligations under this Agreement shall be joint and several and any reference in this Agreement to the Client shall be construed, where appropriate, as reference to one or more of these persons. Any warning or other notice given to one of the persons which form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client.
. In case any provision of this Agreement is or becomes, at any time, illegal, void or non-enforceable in any respect, in accordance with a law or regulation of any jurisdiction, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected.
The Client shall take all necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents) so that the Company may duly fulfil its obligations under this Agreement
The Client undertakes to provide any documentation requested by the Company which may be required for the execution of the transactions under the Agreement
The Company’s failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Agreement, or its failure to exercise any or part of any of right or remedy to which the Company is entitled under this Agreement, shall not constitute an implied waiver thereof.
Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between the Client and the Company.
. This Agreement contains the entire agreement between the Company and the Client relating to the Client’s use of the Trading Platform and the Services and supersedes any and all prior agreement between the Company and the Client in relation to the same. The Client confirms that, in agreeing to accept this Agreement, the Client has not relied on any representation save insofar as the same has expressly been made a representation by the Company in this Agreement.
Nothing in this Agreement shall be construed so as to grant Client any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of an Account. The Client will not grant a security interest in the Account or its assets to any third party without Company’s prior written consent.
Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
The Client accepts and understands that the official language of the Company is the English language. All notices/information provided by the Company or received from the Clients should be in the English language.
The Client understands and agrees that (without prejudice to its other rights and remedies) the Company records shall be the final authority in determining the terms of the Client’s use of the Services and Client shall have no right to dispute the Company's records.
No claims or disputes will be considered more than seven (7) Working Days after the date of the original Transaction and all claims or disputes should be raised with the customer service department at email@example.com
This Agreement and shall be interpreted on the basis of management law of the country if it does not match against the Client's resident country law. In case we encounter any dispute between the Client and the company, but we aim to amicably resolve the situation by conducting discussions in both side, with correspond to the court, the Client agrees to the court of country where the Company operates.
THE COMPANY AND INTRODUCING BROKER ARE WHOLLY SEPARATE AND INDEPENDENT FROM ONE ANOTHER. THE CLIENT AGREEMENT WITH THE COMPANY AND THE INTRODUCING BROKER DOES NOT ESTABLISH A JOINT VENTURE OR PARTNERSHIP AND THE INTRODUCING BROKER IS NOT AN AGENT OR AN EMPLOYEE OF THE COMPANY.
The Client may have been referred to the Company by an Introducing Broker. If so, the Company shall not be responsible for any agreement made between the Client and the Client’s Introducing Broker. The Client acknowledges that any such Introducing Broker will be acting solely as an independent intermediary and that no such Introducing Broker will be authorized to make any representations concerning the Company or the Company’s services nor shall it be authorized to take any obligations in the name of the Company
The Company does not endorse or vouch for the services provided by the Introducing Broker, nor does it imply that the Introducing Broker holds any license for his services if such license is required. Since the Introducing Broker is not an employee or an agent of the Company, it is the Client’s responsibility to perform necessary due diligence on the Introducing Agent prior to using any of their services.
The Company does not control and cannot endorse or vouch for the accuracy or completeness of any information or advice Client may have received or may receive in the future from Introducing Broker or from any third party not employed by the Company regarding foreign currency or exchange trading or other services provided by the company or the risks involved in such trading or in such services.
The Company provides risk disclosure information to all new Clients when they open an account. Client should read that information carefully and should not rely on any on information to the contrary from any other source, including Introducing Brokers. If Introducing Broker or any other third party provides Client with information or advice regarding foreign exchange trading or any of the services provided by the Company (including, without limitations, by courses, programs, research or written or oral recommendations), the Company shall not be responsible for any loss to Client resulting from Clients use of such information or advice.
Client understands and agrees that if an Account with the Company is introduced by Introducing Broker that Introducing Broker may be provided access to certain personal information about the Client as well as certain information concerning the Client’s trading, depositing and withdrawal activity. By clicking on “Accept and Continue” on the registration page, the Client acknowledges and agrees that if the Client was introduced by an Introducer Broker, the relevant introducer may also be remunerated by the Company in respect to the Client’s trading activity on the Trading Platform.