TERMS AND PRIVACY POLICY
These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the legal relationship between Xofre Broker (hereinafter referred to as the “Company” or “Xofre Broker”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of app.xofre.com. 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. 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.
TERMS
Account – means a unique personified account registered in the name of the Client and which contains all the Client’s transactions/operations on the Trading Platform (as defined below) of the Company.
Multiple Accounts Prohibition – The Client is strictly prohibited from opening more than one Account with Xofre Broker. If the Company identifies that a Client has created and/or is operating multiple accounts, the Company reserves the right to permanently terminate all such accounts, cancel any associated transactions and profits, and block access to the platform without prior notice.
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.
Binary Options and/or All or Nothing Options and/or Turbo Options – means financial instruments where a prediction is made on the direction of the price movement of an asset at a certain period of the day. The payout is pre-determined as a fixed amount whether the option expires in the money or if the option expires out of the money.
CFD (contract for difference) – means a tradable 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 the 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 that are available on the Company’s Trading Platform.
KYC documents – means the documents to be provided by the Client, including without limitation 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 the relevant jurisdiction 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 offered through the Trading Platform.
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.
Introducing Broker – means any person (natural person or a legal entity) who wishes to refer Clients to the Company and has entered into an Introducing Broker Agreement and has successfully opened an IB Account (as defined in the Introducing Broker Agreement).
Serviced Countries – means any country available for registration on the Company’s Website.
SUBJECT OF THE AGREEMENT AND SERVICES
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.
The Investment and Ancillary Services which the Company should provide under the terms of the Agreement are stated below, and the Company will provide them in its capacity as a market maker under the terms of this Agreement. In addition, the Company may, at its sole discretion without providing prior notice to the Client, decide to transmit orders and/or be an intermediary for Clients’ transactions.
GENERAL PROVISIONS
Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:
Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.
Not being a USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican, any country of the European Economic Area and/or other non-serviced countries.
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.
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 in 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 the 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.
EXECUTION OF ORDERS / ELECTRONIC TRADING
By accepting this Agreement, the Client accepts that he has read and understood all the provisions of this Agreement and related information on the Website. The Client accepts and understands that some orders shall be executed by the Company as the counterparty of the transaction in its capacity of Market Maker and 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. Moreover, the Client further accepts that the Company may transmit some orders and act as an intermediary for Clients’ transactions. 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:
the risk of mistakes or misinterpretations in the orders sent through the Trading Platform due to technical or mechanical failures of such electronic means,
the risk of any delays or other problems, as well as
the risk that the orders may be placed by persons unauthorized 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.
Where it is publicly available that a specific company has filed and/or is in the process of filing for Chapter 11 under US bankruptcy law and/or an equivalent to Chapter 11 corporate action related to bankruptcy and/or bankruptcy law under any national legislation/regulations, the Company reserves the right to close any and all relevant positions in regard to the asset(s) of such company and suspend the related asset(s); the Client’s position(s) held in the referred asset(s) will be closed by the Company with the last available price on the platform and the Client will receive a prior notice on this matter. It should be noted that the Company will not be held liable for any losses incurred to the Client in relation to the aforesaid closure of the position(s) and/or the suspension of the asset(s).
In circumstances where the underlying asset offered by the Company might be subject to split and/or reverse split, the Company may decide to close the Client’s position(s) held in the referred asset with the last available price on the platform prior to the occurrence of the split and/or reverse split event and the Client will receive a notification in this regard.
The Client acknowledges that the Company will have the right, at any time and for any reason and without justification, at its sole discretion, to refuse to execute orders, including, without limitation, in the following circumstances:
If the execution of the order aims or may aim to manipulate the market price of the financial instruments (market manipulation);
If the execution of the order constitutes or may constitute abusive exploitation of confidential information (insider trading);
If the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities (money laundering);
If the Client has insufficient funds to cover the purchase of financial instruments or if there is an insufficient number of financial instruments to cover their sale;
If the Client fails to fulfill any of his/her obligations towards the Company under this Agreement;
If the Company’s own exposure levels as set out in the Company’s internal policies have been reached in respect of the Financial Instrument or the underlying asset of the Financial Instrument the Client wishes to buy/sell. In this event, the Company reserves the right to limit the size of trades and/or transactions;
If the Client seeks to become or becomes a US Reportable Person or a resident of any restricted jurisdictions (as previously listed).
The Client acknowledges that, at its own discretion, under certain market conditions and/or depending on the availability of the underlying asset on the relevant market, the Company may have to close all or a part of the Client’s positions. This includes but is not limited to positions where internal exposure limits are reached or surpassed and/or where for any reason the underlying asset is unavailable. The Company undertakes to provide prior notification to the Client in case a position will be liquidated by the Company.
Any such refusal by the Company shall not affect any obligation, which the Client may have towards the Company.
LIMITATION OF LIABILITY
The Company does not guarantee uninterrupted service, safe and error-free access, or immunity from unauthorized access to the trading sites’ servers, nor does it guarantee freedom from disruptions caused by damages, malfunctions or failures in hardware, software, communications, and systems in the Client’s computers or 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 such 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 damages of any kind, even if the Company or its Agent(s) had been notified of the possibility of such damages.
In case a Client registers an Account through an Introducing Broker, referring agents, or other third parties, it is hereby agreed as follows:
The Company shall not be responsible or liable for any agreement or arrangement that may exist between the Client and these persons, or for any additional costs that may arise as a result of such agreement;
The Introducing Broker and/or referring agents are not representatives or agents of the Company, and they do not act on behalf of the Company. In this respect, they are not authorized to provide any guarantees or any promises regarding the Company or its services, nor to provide advice or personal recommendations to the Client regarding the Client’s Account and/or transactions, and the Company shall accept no responsibility whatsoever for any such advice or recommendations.
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.
The Client shall be entitled to:
Submit with the Company any order requesting the execution of a transaction/Operation on the Website in accordance with and subject to the terms and conditions of this Agreement;
Request withdrawal of any amounts subject and in accordance with the Withdrawal Policy, and provided that the Company has no claims against the Client and/or the Client does not have any outstanding debts to the Company;
In the event that the Client has any alleged complaint against the Company and/or there is any dispute between the Client and the Company, then the Client can submit his/her complaint, to include all relevant particulars and details, to the Company Support Team. The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time (i.e., within 3 months from the date of acknowledging receipt of the complaint). The Company may extend this timeframe if deemed necessary, and in such case, the Company shall notify the Client accordingly.
The Client:
Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.
Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement.
Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person.
Shall be liable for all orders submitted through his/her security information, and any orders received in this manner by the Company shall be considered to have been given by the Client.
Hereby accepts the risk of orders placed by unauthorized persons and/or trading account used by someone without the Client’s permission (hereinafter
collectively referred to as “unauthorized access” or “hacked account”) and agrees to indemnify the Company in full for any and all losses, costs and expenses derived as a result.
In this case, the Client further agrees and accepts the following:
The Client shall notify the Company immediately regarding unauthorized access to his/her trading account.
The Company shall be entitled to block immediately the Client’s trading account and increase the processing time and/or cancel withdrawal requests without prior notification to the Client, and the Client will not be entitled to any profits made during the time the account was accessed without authorization.
The Client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account.
Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that terms of this Agreement have been breached.
Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having considered and accepted all risks involved and solely on the basis of his/her knowledge and own discretion.
Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company, which the Company shall disclose to and/or make available to the Client from time to time.
Accepts any risk, including without limitation any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized parties.
Shall notify the Company of any changes to his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days from the moment such changes take effect.
Shall register only 1 (one) Account with the Company. In case that the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations can be canceled at the absolute discretion of the Company. All such multiple accounts can be blocked at the Company’s absolute discretion, and the Company shall be entitled to terminate this Agreement immediately, close the account(s), and all open positions.
Shall indemnify and hold harmless the Company for any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data.
Irrevocably accepts full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax.
Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take
reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption; however, it is not always possible to avoid third-party unauthorized access to or viewing of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to it, provided that such unauthorized access or disclosure was not made intentionally and that the Company took all reasonable measures and actions to prevent such unauthorized access or disclosure.
Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion and without providing prior notice to the Client, if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as “Closing Time” and the relevant expiring transaction referred to as an “Expiring Transaction”). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction.
Acknowledges that the Company prohibits third-party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right, at its discretion, if it has identified a third-party or anonymous deposit, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method, and any profits accumulated by the Client using third-party or anonymous funds will not be made available to the Client.
Agrees that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference.
Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in the Client’s connection to the Trading Platform, in the Client’s equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone, etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies.
Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise.
Acknowledges that the Company has the right to refuse to execute any transaction/Operation, place restrictions and/or close the Client’s trading accounts operated by the Company under this brand and any other associated brands. The Company may exercise this right for reasons including, but not limited to, fraudulent activities and/or other violations of the Company’s terms and conditions. Clients acknowledge and agree that such actions by the Company shall not give rise to any claims or liabilities against the Company.
Acknowledges and accepts that this Agreement and/or any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check the Website frequently to ensure awareness of any such changes. Upon submission of a transaction/Operation request by the Client, any changes made to this
Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client.
If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice.
The Client understands and agrees that his/her consent is not necessary for any change to be effective. If the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will still be considered as acceptance of the contents of the amendment and of the amended Terms and Conditions. Furthermore, any transaction submitted by the Client following the receipt of the notice and/or login into his/her Account shall be deemed as acceptance of the amended Agreement.
The Client understands that it is his/her sole responsibility to remain up to date with all changes. The applicable version shall be the latest version uploaded on the Company’s Website, and in the event of a dispute, the latest version shall prevail.
In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the “Duration and Termination of the Agreement” section included herein.
The Client hereby warrants and represents to the Company that he/she:
Is not residing in any country where distribution or provision of financial products or services offered by the Company would be contrary to local law or regulations.
Is responsible for ascertaining the terms of, and shall comply with, any and all applicable local laws and/or regulations to which he/she is subject.
Has the legal capacity/competence, is of sound mind and has reached the age of maturity in the country in which he/she is resident or citizen.
Is not a USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican, any country of the European Economic Area and/or other non- serviced countries.
Is not under any legal disability with respect to, and is not subject to any laws or regulations which prevent his/her performance of this Agreement or any contract or transaction contemplated by this Agreement.
Acts as principal and not as an authorized representative / attorney or trustee of any third party.
Confirms that the monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company are not connected directly or indirectly to any illegal and/or criminal activities and/or terrorism.
Confirms that such monetary funds and/or financial instruments and other assets belong exclusively to the Client and are, at all times, free from any charge, lien, pledge or encumbrance, unless the Client has otherwise disclosed this to the Company in writing.
Confirms that the financial instruments, information and/or legal documents delivered to the Company are authentic, valid and free of any defect, and they shall have the legal effect they contend to have.
Certifies that he/she has provided accurate, complete and true information about himself/herself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in Account closure, Account limitations and/or voiding of any transactions.
Agrees to provide KYC documents to the Company within a period not exceeding 7 days from the moment of depositing funds.
Confirms that the purpose and reason for registering and operating an Account is to trade, on his/her personal/own behalf, in any financial instruments and to take advantage of the Services offered by the Company. The Client warrants that should the reason for operating an Account change, he/she will inform the Company immediately.
Warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or upon the execution of any transaction/Operation and/or trade, through the Account and the provision of the Services.
The Company shall be entitled to:
Modify the size or value of its financial obligations to the Client through appropriate adjustments in the trade operations register in case of violation of one or several provisions of this Agreement by the Client.
Change, add, or set as default the option payout rate, return rate, the possibility of adjusting the return rate, the availability of specific option types, the minimum and/or maximum option amount, and the possible expiration periods for one, several, or all of the assets. The Company shall be entitled to limit the maximum amount of purchased options within a one-minute, one-hour, or one- calendar-day window.
Contact the Client with any questions concerning this Agreement, including to clarify the Client’s intentions regarding his/her actions through the Account.
Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or any materials made available on the Website without prior notice to the Client. The Company shall notify the Client of such changes via the Website and/or through email.
Adjust the size of its financial obligations to the Client if fulfillment of Operations on the Trading Platform does not comply with the conditions of this Agreement.
Engage third parties with the goal of cooperation in order to facilitate and/or enhance any Services provided under this Agreement.
Act at its own discretion regarding any matters and/or obligations not specifically addressed in this Agreement, while maintaining compliance with established business customs and practices related to the Services.
Request additional supporting documents and/or information during the verification of the Client’s Trading Account and throughout the business relationship. If the Client fails to provide such documents within the specified timeframe, the Company shall be entitled to terminate this Agreement immediately, close the account, and all open positions.
Obligations of the Company:
Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Client is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, the Company shall:
Offer the Services through the Website;
Fulfill all provisions set forth in this Agreement.
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 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 this 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.
In the event that the Company acts as an intermediary to Clients’ transactions, the Client hereby agrees and acknowledges that:
Under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the
relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company’s aforesaid action.
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 (if applicable), gender, address, phone number, e- mail, IP address of the Client, cookies, and any information related to the provision of Services to the Client (for example, the Client’s trading history).
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 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 that, for the purposes described 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 applicable 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 a minimum of 7 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 this Agreement, including without limitation in order to facilitate the processing or execution of the Client’s orders/Operations. At all times:
The amount of personal data to be disclosed shall be proportionate and limited solely to what is required for the specific action.
The Company shall ensure that such third parties treat the personal data in accordance with applicable laws and regulations.
The Company shall not be entitled to disclose personal data publicly and/or for any purposes other than those required by applicable law or regulation.
During the processing of personal data, the Company shall take all necessary legal, organizational, and technical measures to protect such personal data from unauthorized or accidental access, destruction, modification, blocking, copying, provision, 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.
By accepting this Agreement, the Client confirms that he/she has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Financial Instruments and/or Service(s), which can be found in the Risk Disclosure document.
ONE-CLICK TRADING TERMS AND CONDITIONS
One-Click Trading mode allows you to perform trading operations on the platform with only one click on the Buy/Call or Sell/Put buttons, without any additional confirmations.
Opting in for the One-Click Trading mode means that you acknowledge that you have read and understood the following terms and conditions, and you agree to be bound hereby.
Your current version of the platform enables you to choose between the following modes for order submission. You agree that you will be bound by the procedures and conditions specified herein with respect to each such mode.
There are several steps you have to follow when using the default mode for the submission of orders. Using the default mode, you first invoke the instruments menu and choose the assets you want to trade. Then you select all parameters depending on
the instrument you have chosen and confirm your order submission by clicking either Buy/Call or Sell/Put buttons depending on the particular order type selected and your trading intentions. Using the default mode, a confirmation window will appear, and you will have to confirm your intentions and the trade details in order to confirm the transaction. Your order will not be submitted until you have completed the aforementioned procedure.
The One-Click Trading mode for order submission (“One-Click Trading”) is a one-step process. You will be submitting orders when you single-click either Buy/Call or Sell/Put buttons.
There will be no subsequent confirmation prompt for you to click; hence, you should ensure beforehand that all parameters are set based on your trading intentions. You will not be able to withdraw your order once you click the Buy/Call or Sell/Put buttons (with the exception of a 3-second cancellation period for binary options), and only certain parameters such as stop loss and take profit orders for CFDs can be modified after having opened a trade. Under normal market conditions and system performance, a market order will be promptly filled after submission, and you will have entered into a binding transaction.
By selecting the One-Click Trading mode, you understand that your orders will be submitted by clicking the Buy/Call or Sell/Put button, without any further order confirmation. You agree to accept all risks associated with the use of the order submission mode you have chosen, including, without limitation, the risk of errors, omissions, or mistakes made in submitting any order.
You agree to fully indemnify and hold harmless the Company from any and all losses, costs, and expenses that may incur as a result of any such errors, omissions, or mistakes by you or any other person trading on your behalf.
If you accept the One-Click Trading terms and conditions, tick the “buy in one click” option when opening trades on the platform. If you do not accept the conditions, do not tick the box and do not use the One-Click Trading function.
Clicking the Buy/Call or Sell/Put button, without any further order confirmation, shall be interpreted as direct and explicit acknowledgment and acceptance of the risks associated with the use of the “One-Click Trading mode,” including, without limitation, the risk of errors, omissions, or mistakes made in submitting any order.
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 a fee/commission to the Introducing Broker, referring agents, or other third parties based on a written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters. 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 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 English version of the Agreement shall prevail, as well as the English version of any other documentation/information published on the Website.
Termination by Notice
Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice. During the 15-day notice period, the Company may limit the services available to the Client; however, access will be granted in order for the Client to withdraw any remaining balance.
Immediate Termination by the Company
The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable), without giving prior notice under the following circumstances:
Death or legal incompetence of the Client.
Bankruptcy proceedings initiated against the Client.
Breach of any obligation, warranty or representation by the Client under this Agreement.
If the Client is underage or legally restricted in their jurisdiction.
If the Client becomes a resident of a restricted jurisdiction.
Suspicion of fraud, market abuse, insider trading, or using unfair means to gain an advantage.
Malicious conduct, gross negligence, or repeated abuse of Company personnel.
Regulatory requirement or legal obligation.
Verbal abuse against Company employees (after 2 warnings).
Failure to provide KYC documentation within 14 days.
Usage of multiple IPs, VPNs, or VPS without disclosure (except Turkey or Indonesia).
Chargebacks initiated by the Client.
Use of high-frequency trading software to manipulate systems.
Use of funds/accounts to bypass Company terms via a third party.
Conviction or investigation for criminal activity.
If terminated under items (3) through (15), the Company shall have no obligation to pay profits, and any return of deposited funds is at the sole discretion of the Company.
E-mail: [email protected]
