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Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including but without limitation all. If he fails to do so, upon termination, the Company will close any Open Positions;. It is understood that the Company will effect payments. The Company has the right to refuse, at its discretion, to effect thirty party payments.
B Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster. If the Company determines in its reasonable opinion that a Force Majeure Event exists without prejudice to any other rights under the Agreement the Company may.
Except as expressly provided in this Agreement, the Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure,. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or in.
The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:.
If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity.
The Client may act on behalf of someone else only if the. Company specifically consents to this in writing and provided all the documents required by the Company for this purpose are received.
If the above statement is untrue and in the event that the Client has not disclosed this already in the Account Opening Application. Form, he will inform the Company as soon as possible will notify the Company if at any stage during the course of this Agreement he becomes a Politically Exposed Person.
The Company will send an initial response within two Business Days from the receipt. If the complaint requires further investigation and the Company cannot resolve it within two Business Days, the Company will issue a holding response.
When a holding response is sent, it will indicate when the Company will make further contact which should be within eight weeks of receipt of the Complaint. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking.
It is noted that the Client has the right to make a complaint at the Financial Ombudsman body of , once this body is activated. If a settlement is not reached by the means described in paragraph 29, all disputes and controversies arising out of or in connection with the Agreement shall be finally.
All transactions on behalf of the Client shall be subject to Applicable Regulations and any other public authorities which govern the operation of the Investment Firms, as. The Company shall be entitled to take or omit to take any measures which it considers necessary to ensure compliance with the.
Applicable Regulations, the relevant market rules. Any such measures as may be taken shall be binding on the Client. Should any part of this Agreement be held by any Court of competent jurisdiction to be unenforceable or illegal or contravene any rule, regulation or by law of any Market. The Company may at any time transfer, assign or novate any of its rights, benefits or obligations under this Agreement or the entire Agreement subject to providing.
The Company may sell, transfer or otherwise share some or all of our assets, including among others your Personal Information and Log Data, in connection with a. In cases where the Client is introduced to the Company through a third person such as a business introducer or associate network who performs marketing for the. The Client acknowledges and confirms that his agreement or relationship with the Introducer may result in additional costs, since the Company may be obliged to pay.
If such apply they will be disclosed to the Client as provided under Applicable Regulations. All rights and remedies provided to the Company under the Agreement are cumulative and are not exclusive of any rights or remedies provided by law. Where the Client comprises two or more persons, the liabilities and obligations under the Agreement shall be joint and several.
Any warning or other notice given to one of. Any Order given by one of the persons who form the Client shall. In the event of the death or mental incapacity of one of the persons who form the Client, all funds held by the Company or its Nominee, will be for the benefit and at the.
The Company is authorized and regulated by the Securities and Exchange Commission 1. In addition, the various documents above sets out the matters which the Company is required to disclose to the Client under the Applicable Regulations. Interpretation of Terms 2. If a trader believes that the value of the Underlying Asset will reach a higher value at the time of expiry, then they can purchase a call option.
If a trader believes that the value of the underlying asset will drop to a lower value at the time of expiry, then they can purchase a call option. Words importing the masculine shall import the feminine and vice versa words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and vice versa.
Paragraph headings are for ease of reference only. Any reference to any act or regulation or Law shall be that act or regulation or Law as amended, modified, supplemented, consolidated, re-enacted or replaced from time to time, all guidance noted, directives, statutory instruments, regulations or orders made pursuant to such and any statutory provision of which that statutory provision is a re- enactment, replacement or modification.
Application and Commencement 3. After the Client fills in and submits the Account Opening Application Form, together with all the required identification documentation required by the Company for its own internal checks, the Company will send him a notice informing him whether he has been accepted as a Client of the Company.
It is understood that the Company is not to be required and may be unable under Applicable Regulations to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by such person and all internal Company checks including without limitation anti-money laundering checks, appropriateness or suitability tests as the case may be have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries.
However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by and other Applicable Regulations may differ. The Client accepts that when categorizing the Client and dealing with him, the Company will rely on the accuracy, completeness and correctness of the information provided by the Client in his Account Opening Application Form and the Financial Suitability Questionnaire.
The Client has the responsibility to immediately notify the Company in writing if such information changes at any time thereafter. In providing the Service of Reception and Transmission and Execution of Client Orders, the Company is obliged under Applicable Regulations to seek information from a Client or potential Client regarding his knowledge and experience in the investment field relevant to the specific type of service or Financial Instrument offered or demanded, so as to enable the Company to assess whether the service or Financial Instrument is appropriate for the Client.
Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him.
The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services or types of Binary Options or Underling Assets on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason.
It is understood that the Company shall not hold any Client assets or Financial Instruments of the Client and shall not be providing safekeeping and administration of Financial Instruments for the account of Client or custodianship. Advice and Commentary 7. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Binary Options or the Underlying Markets or Assets.
The Client alone will decide how to handle his Client Account and place Orders and take relevant decisions based on his own judgement. The Client may wish to seek independent advice before entering into a Transaction. The Company may, from time to time and at its discretion, provide the Client or in newsletters which it may post on its Website, or provide to subscribers via its Website or otherwise with information, recommendations, news, market commentary or other information but not as part of its Services to the Client.
Where it does so: The Company does not make representations as to the time of receipt by the Client and cannot guarantee that he will receive such information at the same time as other clients. It is understood that market commentary, news, or other information provided or made available by the Company are subject to change and may be withdrawn at any time without notice.
License and the Platform Trading 8. The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the License or the Platform or Website or downloadable software and to alter, change, modify, remove, limit or add any part or functionality or command or mode on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason.
In these cases the Platform will be inaccessible. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform, which includes at least a personal computer, internet access by any means and telephone or other access line.
Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform or other systems of the Company.
The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Company Platform from his personal computer. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liable. It is agreed and understood that the Company will be entitled to rely and act on any Order given by using the Access Data on the Trading Platform without any further enquiry to the Client and any such Orders will be binding upon the Client.
The Platform, all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme, graphics and data names are the sole and exclusive Intellectual Property IP of the Company and are protected by local and international intellectual property laws and treaties. The Client may not use these images in any way other than the manner which the Company provides them for.
The Client represents and warrants that he will not use the IP or the Platform or Website in contravention to this Agreement, or for unauthorized or unlawful purposes and that he will use the IP, Platform and Website only for the benefit of his Client Account and not on behalf of any other person.
Prohibited Actions on the Platform It is absolutely prohibited for the Client to take any of the following actions: Safety of Access Data The Client agrees to keep secret and not to disclose his Access Data to any person. The Company will then take steps to prevent any further use of such Access Data and will issue replacement Access Data.
The Client will be unable to place any Orders until he receives the replacement Access Data. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
If the Company is informed from a reliable source that the Access Data of the Client may have been received by unauthorized third parties, the Company may, at its discretion without having an obligation to the Client, deactivate the Client Account.
Execution of Orders Events of Default If an Event of Default occurs the Company may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions: For this reason, the Company will provide the Client with an online access to his Client Account via the Platform, which will provide him with sufficient information in order to comply with Rules in regards to client reporting requirements.
If the Client has a reason to believe that the Confirmation is wrong or if the Client does not receive any Confirmation when he should, the Client shall contact the Company within three Business Days from the date the Company of the Order was sent or ought to have been sent in the event that a Conformation was not sent. If the Client expresses no objections during this period, the content is considered as approved by him and shall be deemed conclusive. Client Money Handling Rules The Company shall not account to the Client for profits or interest earned on Client money other than profit gained through trading Transactions from his Client Account s under this Agreement and the Client waives all right to interest.
The Company will not be liable for the solvency, acts or omissions of any third party referred to in this paragraph. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account.
Inactive and Dormant Client Accounts The exact fee schedule will be calculated according to the currency denomination of the Client Account and is set out as follows: If the Client Account is inactive for four 4 years or more, and after notifying the Client in its last known address, the Company reserves the right to close the Client Account and render it dormant. Money in the dormant account shall remain owing to the Client and the Company shall make and retain records and return such funds upon request by the Client at any time thereafter.
The Client Account shall be activated upon the Client depositing the minimum initial deposit, according to the type of Client Account, as determined by the Company in its discretion from time to time. Deposits will be made via the methods accepted by the Company from time to time.
The detailed information about deposit options is shown on the Website. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds. If the Client makes a deposit, the Company shall credit the relevant Client Account with the relevant amount actually received by the Company within one Business Day following the amount is cleared in the bank account of the Company.
If the funds sent by the Client are not deposited in the Client Account when they were supposed to, the Client shall notify the Company and request from the Company to make a banking investigation of the transfer. The Client agrees that any charges of the investigation may be deducted from his Client Account or paid directly to the bank performing the investigation.
The Client understands and aggress that in order to perform the investigation the Client shall have to provide the Company with the requested documents and certificates. The Company shall effect withdrawals of Client funds upon the Company receiving a relevant request from the Client in the method accepted by the Company from time to time.
Upon the Company receiving an instruction from the Client to withdraw funds from the Client Account, the Company shall pay the said amount within five 5 Business Days, if the following requirements are met: The Company will not to make withdrawals to any other third party or anonymous account. It is understood that should the Client provide wrong instructions for a transfer, the Company may be unable to correct the mistake and the Client may have to bear the loss.
Netting and Set-Off If the aggregate amount payable by the Client is equal to the aggregate amount payable by the Company, then automatically the mutual obligations to make payment are set-off and cancel each other. If the aggregate amount payable by one party exceeds the aggregate amount payable by the other party, then the party with the larger aggregate amount shall pay the excess to the other party and all obligations to make payment will be automatically satisfied and discharged.
The Company has the right to combine all or any Client Accounts opened in the Client name and to consolidate the Balances in such accounts and to set-off such Balances in the event of Termination of the Agreement. Fees, Taxes and Inducements The Company does not charge trading fees or commissions on the Client. The variation will take effect from the date which the Company specifies in its notification to the Client. It is agreed and understood that the Client shall be solely responsible for all filings, tax returns and reports which should be made to any relevant authority, whether governmental or otherwise, and for payment of all taxes including but not limited to any transfer or value added taxes , arising out of or in connection with his trading activity with the Company hereunder.
The Client undertakes to pay all stamp expenses relating to this Agreement and any documentation which may be required for the currying out of the transactions under this Agreement. Translation or information provided in languages other than English is for informational purposes only and do not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.
Communications and Written Notices Faxed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute conclusive evidence of such faxed instructions. The Company may collect client information directly from the Client in his completed Account Opening Application Form or otherwise or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers.
Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for research and statistical purposes and for marketing purposes. The Company has the right to disclose Client information including recordings and documents of a confidential nature, card details in the following circumstances: To do so they may check the details the Client supplied against any particulars on any database public or otherwise to which they have access.
A record of the search will be retained by the Company. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data Protection of the Individual Law of and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client if any , provided that the Client pays an administrative fee.
The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, fax, email, or post.
Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Client Agreement. Amendment of the Agreement The Company may upgrade the Client Account or enhance the services offered to the Client if it reasonably considers this is to the Clients advantage and there is no increased cost to the Client.
The Company may also change any terms of the Agreement for any of the following reasons: As long as the Client is able to end the Agreement without charge, the Company may change any of the terms of the Agreement for any reason not listed under paragraph However, the Client acknowledges that a change which is made to reflect a change of Applicable Regulations may, if necessary, takes effect immediately.
For any other change the Company shall provide a Written Notice to the Client; where the Company elects to provide such Written Notice via a post on the Website, the Company shall also provide the said Written Notice with an additional method.
The Client shall be treated as accepting the change on that date unless, prior to the said date, the Client informs the Company that the Client wishes to terminate the Agreement and not accept the change. The Client shall not have to pay any charges as a result of terminating in this case, other than costs due and payable for Services offered until then. Termination and Results of Termination Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any transactions made hereunder.
Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including but without limitation all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
Once notice of termination of this Agreement is sent: Upon Termination any or all the following may apply: It is understood that the Company will effect payments only to an account in the name of the Client. A Force Majeure Event includes without limitation each of the following: If the Company determines in its reasonable opinion that a Force Majeure Event exists without prejudice to any other rights under the Agreement the Company may without prior notice and at any time take any or all of the following steps: Except as expressly provided in this Agreement, the Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under this Agreement where such failure, interruption or delay is due to a Force Majeure event.
Limitations of Liability and Indemnity In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise , the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to: The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity including in relation to subsequent market movements , costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform.
Representations and Warranties The Client represents and warrants to the Company the following: The Client may act on behalf of someone else only if the Company specifically consents to this in writing and provided all the documents required by the Company for this purpose are received. If the above statement is untrue and in the event that the Client has not disclosed this already in the Account Opening Application Form, he will inform the Company as soon as possible will notify the Company if at any stage during the course of this Agreement he becomes a Politically Exposed Person.
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