Please read these Terms and Conditions carefully before accessing or using our Online Trading Facility.
BIS MARKETS LTD — Reg. No. 2025-00929 — Saint Lucia
These are the entire terms and conditions that apply to the access and/or use of any of the website(s), Electronic Trading Platform(s), Software and/or Services (hereinafter, collectively, referred to as our "Online Trading Facility") that are provided by the Company.
BIS Markets Ltd, incorporated by Saint Lucia under registration number 2025-00929 as an International Business Company (IBC) in Saint Lucia under the laws and regulations of the International Business Companies Act CAP 12-14: Section 6. The objects of the Company are all subject matters not forbidden by The Securities Act CAP 12.18 of the revised laws of Saint Lucia, in particular but not exclusively all commercial, financial, lending, borrowing, trading, service activities and the participation in other enterprises as well as to provide brokerage, training and managed account services in currencies, commodities, indexes, CFDs and leveraged financial instruments with a registered office at Ground Floor, The Sotheby Building, Rodney Bay, Gros-Islet, Saint Lucia.
Please read these Terms and Conditions completely and carefully before accessing and/or using our Online Trading Facility. You must read, agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those Terms and Conditions expressly set out below, and those incorporated herein by reference, before you may become a client of the Company.
IF YOU HAVE OBJECTIONS TO ANY OF THESE TERMS AND CONDITIONS, OR ANY PART THEREOF, AND/OR IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OR ANY PART THEREOF, DO NOT ACCESS AND/OR USE OUR ONLINE TRADING FACILITY IN ANY WAY AND INFORM US IN WRITING IMMEDIATELY.
Your access and use of our Online Trading Facility constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on or in our Online Trading Facility. Your access and use of our Online Trading Facility is governed by the version of these Terms and Conditions that is in effect on the date on which our Online Trading Facility is accessed and/or used by you. Please feel free to contact our customer experience team at legal@bismarkets.com for any clarifications before you continue to access and/or use our Online Trading Facility.
We reserve the right to amend, alter, modify, delete or add to any of the provisions of these Terms and Conditions at any time, in accordance with the Terms hereof. When these Terms and Conditions are modified (hereinafter referred to as "Changes") we will post such changes on our Online Trading Facility and/or otherwise notify you of such Changes. Each such notification shall be deemed as sufficient notice and it is your duty to consult and/or to check regularly this Agreement on our Online Trading Facility regarding any such Changes. Therefore, you should review these pages from time to time so as to ensure that you will be aware of any such Changes. All amended terms shall be effective five (5) calendar days after their initial posting on our Online Trading Facility, or as of the first time that you access and/or use our Online Trading Facility after such amendments were made, whichever is sooner. Your continued use of our Online Trading Facility after the publication of any Changes shall be considered as your agreement to such modified Terms and Conditions and shall be governed by those Terms and Conditions, as modified. If you do not wish to be bound by those Changes, you should cease to access and/or use our Online Trading Facility and inform us in writing, immediately.
Some areas or parts of our Online Trading Facility may have different specific terms of access and/or use posted on them. If there is a conflict or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of our Online Trading Facility.
Trading on any financial market involves a significant level of risk. Please be aware then that the contents of our Online Trading Facility are neither a solicitation nor an offer to enter into any transactions on the financial market(s).
The contents of our Online Trading Facility and of any communications you may receive from us, via Electronic Messaging, website postings, e-mail, telephone, telefax or otherwise, and any part of any member's area on our Online Trading Facility, in particular, are for general information and educational purposes only and do not amount to investment advice or unsolicited financial promotions to you.
Please do read our "Risk Disclosure Notice" on our Online Trading Facility, before accessing and/or using our Online Trading Facility.
This Agreement is made between yourself, as our client (hereinafter referred to as "you" or "your" or, in general terms, the "client") and BIS MARKETS LTD, a limited liability company registered as an International Business Company (IBC) in Saint Lucia under the laws and regulations of the International Business Companies Act CAP 12-14: Section 6 and any of its designated and permitted successors, assigns and those of its subsidiaries and affiliates that are identified further in this Agreement (also trading under the name "BIS MARKETS LTD" henceforth the "Company", "us", "our", "we" or "BIS MARKETS LTD"). This Agreement describes in full detail the Terms and Conditions you must accept, without restrictions or objections, before accessing and/or using our Online Trading Facility. Furthermore, before you access and/or use our Online Trading Facility and before you become a client of the Company, you must fully understand and agree to all the terms and conditions expressly explained and/or implied hereto, and/or incorporated herein by reference. Notwithstanding anything to the contrary, by continuing to use our Online Trading Facility you are implying that you have read these Terms and Conditions and have unconditionally accepted these Terms and Conditions in their entirety and without reservation.
"BIS MARKETS LTD" (henceforth the "Company", "us", "our" or "we") and "you", as our client (henceforth "you", "your" or, in general terms, the "client"), may hereinafter be referred to, individually, as a "Party" and, collectively, as the "Parties".
You hereby expressly acknowledge and agree that: (a) by downloading, completing and/or submitting to us the account documentation and forms posted on our Online Trading Facility (hereinafter referred to as the "Account Opening Application Form(s)") and/or clicking in the appropriate space, or on the "I Accept" button, or similar buttons or links as may be designated by us to show your approval and acceptance of this Agreement, and/or (b) by accessing or using, and/or by continuing to access or use, our Online Trading Facility, you are entering into a legally binding contract by and between you and us, and you fully agree to abide by and to be bound by all the Terms and Conditions set out in this Agreement, as they may apply to you.
You hereby agree to communications being made, and to the delivery of this Agreement and/or any agreements by and between us, or changes in these Terms and Conditions, via electronic media (including, without limitation, Electronic Messaging, website postings e-mail, or other electronic means) to the extent permitted by Applicable Laws, Rules and/or Regulations. Communications being made via electronic media in order to enter into contracts, place Orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our Online Trading Facility and/or in relation thereto, shall, to the extent permitted by Applicable Laws, Rules and/or Regulations, be treated as satisfying any legal requirement that a communication should be 'signed' and 'in writing'. Accordingly, any such documents that are delivered to you electronically are deemed to be "in writing".
If your signature or acknowledgement is required or requested with respect to any such document and you "click" in the appropriate space, or on the "I Accept" button, "Submit" button, or on similar buttons or links as may be designated by us to show your approval and acceptance thereof, or take such other action as may be indicated on our Online Trading Facility, you will be deemed to have 'signed' and/or acknowledged the document to the same extent and with the same effect as if you had signed the document manually. To the extent permitted under applicable mandatory law, you hereby waive any rights or requirements under any Applicable Laws, Rules and/or Regulations in any jurisdiction, which require an original (non-electronic) of us and shall inform you by e-mail whether your application is accepted or not. We reserve the right to refuse and/or decline your application(s), at our sole discretion and for any reason, without being obliged to provide you with any explanation or justification.
Without prejudice to the provisions of sub-clause 2.1 hereinabove, in particular as regards your acceptance and acknowledgement of this Agreement, we will become a counterparty bound to this Agreement, and this Agreement will become binding on us, only as of the date on which we are sending the above-mentioned confirmation e-mail, as indicated thereon (the "Effective Date").
This Agreement applies to all of our Online Trading Facility, including, without limitation, all electronic Content thereof and/or Software provided thereon (including, without limitation, all real-time information about the Price Quotes of Supported Securities provided thereon); as well as all program facilities for executing Transactions in Supported Securities via our Online Trading Facility via the Internet, Electronic Messaging, website postings, e-mail, phone, fax or otherwise, and any other features, content or services that we may add in the future.
Some areas or parts of our Online Trading Facility may have different specific terms of access and/or use posted thereon. If there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of our Online Trading Facility.
We may from time to time send to you further communications in respect of certain Transactions and/or Contracts, which may contain specific legal and/or contractual provisions applicable with respect to such Transactions and/or Contracts. In the event of any conflict and/or discrepancy between the clauses of this Agreement and/or its annexes, appendices, addenda, attachments, schedules and/or exhibits, and the legal and/or contractual provisions set forth in such communications to you in respect of certain Transactions and/or Contracts, the latter shall prevail.
Furthermore, our Online Trading Facility is available only to, and may only be used by persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto.
In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto; (c) that you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Facility; (d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the "Risk Disclosure Notice" on our Online Trading Facility.
Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE OUR ONLINE TRADING FACILITY AND INFORM US IN WRITING IMMEDIATELY.
Without limiting any of the foregoing, our Online Trading Facility is NOT available where it is illegal to access and/or use, and we reserve the right to refuse, decline and/or cancel our Online Trading Facility and/or any part or component thereof, at our sole discretion and for any reason, at any time, without being obliged to provide you with any explanation or justification thereof.
In that regard, you understand that the laws regarding financial contracts vary throughout the world, and that it is your, and only your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency, or, in the case of a Legal Entity, in its country of formation, incorporation and/or domiciliation, with regard to accessing and/or using our Online Trading Facility. For the avoidance of doubt, the ability to access our Online Trading Facility does NOT necessarily mean that our Online Trading Facility, and/or any activities you may undertake through it, is/are legal under the laws, regulations or directives relevant to your country of residency, or, in the case of a Legal Entity, in its country of formation, incorporation and/or domiciliation.
IF OUR ONLINE TRADING FACILITY, AND/OR ANY ACTIVITIES YOU MAY UNDERTAKE THROUGH IT, IS/ARE NOT LEGAL UNDER THE LAWS, REGULATIONS OR DIRECTIVES RELEVANT TO YOUR COUNTRY OF RESIDENCY, OR, IN THE CASE OF A LEGAL ENTITY, IN ITS COUNTRY OF FORMATION, INCORPORATION AND/OR DOMICILIATION, PLEASE DO NOT ACCESS AND/OR USE OUR ONLINE TRADING FACILITY AND INFORM US IN WRITING IMMEDIATELY.
Our Online Trading Facility does NOT constitute, and may NOT be used for the purposes of, an offer and/or solicitation to anyone in any jurisdiction in which such offer and/or solicitation is not authorized, and/or to any person to whom it is unlawful to make such an offer and/or solicitation. Access to and/or use of our Online Trading Facility, and the offering of financial contracts via our Online Trading Facility, may be restricted in certain jurisdictions, and, accordingly, users accessing our Online Trading Facility are required to inform themselves of, and to observe such restrictions.
We have the right to amend, alter, modify, delete or add to any of the provisions of this Agreement, at any time, in accordance with the terms hereof, including, without limitation, the right to amend our fees and charges. When this Agreement is modified, we will post the modified Agreement on our Online Trading Facility. Your continued use of our Online Trading Facility after the publication of the modified Agreement will constitute your acknowledgement of the modifications and your consent to abide and be bound by the modified Agreement.
Subject to the terms herein, any such modification shall be effective immediately upon posting to our Online Trading Facility, unless a future date is stated on the notification. You agree to be bound by any such modification. If you object to any modification(s), your only recourse is to terminate your use of our Online Trading Facility.
This Agreement constitutes the entire agreement between you and us with respect to our Online Trading Facility and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Online Trading Facility. This Agreement applies to the maximum extent permitted by law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part, term or provision of this Agreement shall be found to be illegal, in conflict with any law, or otherwise unenforceable, the validity of the remaining portions and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be invalid.
No waiver by either Party of any breach of the other Party of any provision of this Agreement shall be effective unless given expressly in writing, and no such waiver shall be a waiver of any subsequent breach by the other Party of any provision of this Agreement.
For the purpose of this Agreement, unless the context otherwise requires, capitalized words and expressions shall have the meanings assigned to them in the defined terms that are set forth in bold and italics: (A) hereinafter, under the heading "Definitions"; and (B) throughout this Agreement.
"Account", when used in this Agreement, unless the context otherwise requires, shall mean, the uniquely assigned account that is created for a client when such client opens a trading account with us.
"Account Detailed Report" or "Account Summary", when used in this Agreement, unless the context otherwise requires, shall mean a statement of a client's securities portfolio, open positions, Margin requirements, cash deposit etc., at a specific point in time.
"Account Opening Application Form(s)", when used in this Agreement, unless the context otherwise requires, shall mean the account opening documentation and forms posted on our Online Trading Facility, which need to be completed by prospective clients for the purpose of opening an Account with us; we reserve the right to refuse and/or decline your account opening application(s), at our sole discretion and for any reason, without being obliged to provide any explanation or justification.
"Agent", when used in this Agreement, unless the context otherwise requires, shall mean an individual person or legal entity undertaking a transaction on behalf of another individual person or legal entity, but in his/its own name.
"Authorized Person", when used in this Agreement, unless the context otherwise requires, shall mean a person authorized by a client under a limited power-of-attorney, in accordance with these Terms and conditions, to represent such client and give instructions to us.
"Affiliate", when used in this Agreement, unless the context otherwise requires, shall mean any entity or person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such company or person; for purposes of this definition, the term "control" (including, with correlative meaning, the terms "controlled by" and "under common control with"), as used with respect to a company or person in this Agreement, shall mean the possession, directly or indirectly through one or more intermediaries, of the power to direct or cause the direction of management policies of such company or person, whether through ownership of voting securities or otherwise.
"Agreement", when used herein, unless the context otherwise requires, shall mean this Agreement, inclusive of all of its annexes, appendices, addenda, attachments, schedules and exhibits and amendments, as the same may be in force from time to time and modified or amended from time to time.
"Anti-Money Laundering ("AML") Legislation", when used in this Agreement, unless the context otherwise requires, shall mean, collectively, Money Laundering and Terrorism (Prevention) Act 2008 and the Money Laundering (Prevention) Regulations 1998, as the same may be in force from time to time and modified or amended from time to time.
"Associate", when used in this Agreement, unless the context otherwise requires, shall mean an undertaking in the same corporate group as us, a Representative whom we or an undertaking in the same group as us may appoint, or any other person with whom we have a relationship that might reasonably be expected to give rise to a community of interest between us and them.
"Balance", when used in this Agreement, unless the context otherwise requires, shall mean the balance of a client's Account after the last Account transaction(s) made, within any given period of time.
"Business Day", when used in this Agreement, unless the context otherwise requires, shall mean any calendar day (except any Saturday or Sunday), beginning at 00:00 GMT + 00 and ending at 23:59 GMT + 00, on which banks in are open for business.
"CFD Contract" or "CFD(s)", when used in this Agreement, unless the context otherwise requires, shall mean a contract which is a 'contract for differences' by reference to fluctuations in the price of the relevant underlying security or index; trading in CFDs is trading on the outcome of the price of an underlying exchange instrument (e.g. an equity, currency or futures), whereby such trading does not occur on a recognized or regulated "exchange"; trading in CFDs is not subject to delivery of the underlying exchange instrument and/or any other interest; accordingly, the result of trading in CFDs is the difference between sell and buy CFD transactions only.
"Client" or "client", when used in this Agreement, unless the context otherwise requires, shall mean "you" or "your" and, in more general terms, any person (A) who is interested in Transactions and/or Contracts, (B) who enters or has entered our Online Trading Facility, and/or (C) who has submitted to us all required Account Opening Application Form(s) – including in each instance, without limitation, an original certified unexpired government-issued identification evidencing nationality, residence and bearing a photograph (e.g., driver's license, passport, Government residency card, or similar identification), and a valid recent official utility (water, gas, electricity, etc.) bill or bank statement, in each instance not more than three (3) months old, showing name and address, as required under any relevant Anti-Money Laundering ("AML") Legislation, obligations and/or procedures applicable to us, and whom has been accepted as a client by us in accordance with the terms of this Agreement, in the manner set forth herein, and to whom Services will be provided by us.
"Collateral", when used in this Agreement, unless the context otherwise requires, shall mean any securities or other assets deposited with us as a continuing security and collateral for the payment and discharge of all obligations owing to us in relation to any Services provided by us under and/or pursuant to this Agreement.
"Commission, Charges & Margin Schedule", when used in this Agreement, unless the context otherwise requires, shall mean the schedule of commissions, charges, Margin, interest and other rates which at any time may be applicable to our Services as determined by us on a current basis; the Commission, Charges & Margin Schedule is available on our Online Trading Facility and may be supplied separately on demand.
"Conflict of Interest Policy", when used in this Agreement, unless the context otherwise requires, shall mean our prevailing policy regarding conflicts of interest, which is posted on our Online Trading Facility and may be supplied separately on demand and it is hereby mentioned by reference.
"Contract", when used in this Agreement, unless the context otherwise requires, shall mean any contract, whether oral or written, for the purchase or sale of any commodity, security, currency or any other supported security or property, including, without limitation, any derivative contracts, such as CFDs or other transactions related thereto, entered into by and between us and our client(s).
"Counterpart(y)ies", when used in this Agreement, unless the context otherwise requires, shall mean banks and/or brokers through whom we may cover our transactions and/or Contracts with client(s).
"Credit Limitation", when used in this Agreement, unless the context otherwise requires, shall mean the existence of a restriction on the ability to trade with a Client based on our credit exposure/Margin requirements towards the such client.
"Credit Support Provider", when used in this Agreement, unless the context otherwise requires, shall mean any person who has entered into any guarantee, hypothecation, agreement, Margin or Security agreement in our favor, in respect a client's obligations under this Agreement.
"St. Lucia Rules", when used in this Agreement, unless the context otherwise requires, shall mean all applicable regulations and circulars issued by the "Saint Vincent & The Grenadines" or "St. Lucia" in the framework and context of the authority it has been granted under the Act, as the same may be in force from time to time and modified or amended from time to time.
"Deal able Quote", when used in this Agreement, unless the context otherwise requires, shall mean a Price Quote that by its terms is capable of being used for the purpose of effecting a Transaction and/or Contact.
"Deal Request", when used in this Agreement, unless the context otherwise requires, shall mean an electronic message sent by the client via our Online Trading Facility, requesting us to enter into a purchase Transaction or sale Transaction at our prevailing Price Quote for such Transaction and/or Contract, as displayed on our Online Trading Facility.
"Deal Response", when used in this Agreement, unless the context otherwise requires, shall mean, with respect to a particular Deal Request sent by a tie to us via our Online Trading Facility, an electronic message sent by us to such client the via our Online Trading Facility, acknowledging receipt of the Deal Request and confirming, whether or not we have agreed to accept the terms of the Deal Request submitted by the client and, as the case may be, acknowledging the execution of a purchase Transaction or sale Transaction requested by the client by means of his/her/its Deal Request.
"Deposit(s)", when used in this Agreement, unless the context otherwise requires, shall mean the funds deposited and/or transferred by clients into their Account(s) with us.
"Durable Medium", when used in this Agreement, unless the context otherwise requires, shall mean any instrument which enables clients to store information in a way accessible for future reference for a period of time adequate for purposes of the information and which allows the unchanged reproduction of the information.
"Effective Date", when used in this Agreement, unless the context otherwise requires, shall mean the date on which this Agreement enters into effect, as indicated on the confirmation e-mail sent by us to a client, indicating that such client's Account Opening Application Form(s) has/have been accepted.
"Electronic Messaging", when used in this Agreement, unless the context otherwise requires, shall mean any form of electronic communication we use to communicate with our clients about our Online Trading Facility (including, without limitation, with reference to any Transaction(s) or Contract(s) entered into via our Online Trading Facility), including, but not limited to, electronic mail, whether or not within the framework of our Online Trading Facility itself and/or within the Online Trading Facility's mailbox(es).
"Electronic Services", when used in this Agreement, unless the context otherwise requires, shall mean a service provided by us, for instance, an internet trading service offering clients access to information and trading facilities, via an internet service, a WAP service and/or other electronic Order routing system.
"Electronic Trading Platform(s)", when used in this Agreement, unless the context otherwise requires, shall mean the online electronic trading platform(s) that is/are made available by us to our clients for placing Orders, requesting Price Quotes for Transactions and/or Contracts, receiving price information and market related news as well as having a real-time revaluation of their open positions, through the Internet, where Transactions and/or Contracts in securities can be processed through Deal Requests and Deal Responses, Settlement/Trade Confirmations can be issued, Accounts can be managed and historical data can be stored and managed.
"Equity", when used in this Agreement, unless the context otherwise requires, shall mean the "capital value" of an Account at the present time; it is calculated by (a) taking the total value of all open positions relating to the Transactions and/or Contracts generated through the Account, adjusted with all 'Floating Profit/Loss' and with all relevant 'rollover rates' and/or 'swaps', and by adding that value to the Account Balance.
"Event of Default", when used in this Agreement, unless the context otherwise requires, shall have the meaning given to this term in clause 90 hereinafter.
"Exchange" or "Stock Exchange", when used in this Agreement, unless the context otherwise requires, means any securities exchange, clearing house, self-regulatory organization trading system, organized trading facility, or Multilateral Trading Facility as the context may require from time to time.
"Fraud Traffic", when used in this Agreement, unless the context otherwise requires, shall mean Deposits or traffic generated towards our Online Trading Facility through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us any harm; Fraud Traffic shall include, but shall not be limited to, spam, false advertising and deposits generated on stolen credit cards, collusion, manipulation of the service, system, bonuses or promotions (including, without limitation, "sniping" or "scalping" hereinafter, collectively, referred to as "arbitrage", 'cash back arbitrage', 'interest arbitrage and/or 'churning'), offers to share commission(s) or bonuses directly or indirectly with traders, and any other unauthorized use of any third party accounts, copyrights or trademarks.
"Floating Profit/Loss", when used in this Agreement, unless the context otherwise requires, shall mean the unrealized profit (loss) of open positions relating to Transactions and/or Contracts in supported securities, generated through an Account at current prices of the underlying securities (currencies, contracts or stocks, equity indexes, precious metals or any other commodities) available for trading.
"Free Margin", when used in this Agreement, unless the context otherwise requires, shall mean the funds not used as guarantee to open positions relating to Transactions and/or Contracts entered into through an Account; it is calculated by taking the Equity in the Account and subtracting the Margin required to open positions relating to Transactions and/or Contracts entered into through the Account.
"Indicative Quote", when used in this Agreement, unless the context otherwise requires, shall mean a Price Quote other than a Deal able Quote.
"Intellectual Property Assets", when used in this Agreement, unless the context otherwise requires, shall mean: (a) our Online Trading Facility; (b) our services; (c) any other of our platforms or software (including, without limitation, demos and any relevant system documentation and/or users' manuals); (d) this Agreement; (e) the Price Quotes we provide; and/or (f) any Pricing Data or other information transmitted via our Online Trading Facility or otherwise, including, without limitation, all Intellectual Property Rights, directly or indirectly pertaining thereto.
"Intellectual Property Rights", when used in this Agreement, unless the context otherwise requires, shall mean all intellectual property rights such as; patents, trademarks, service marks, word marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, marketing materials and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with and/or under and/or pursuant to Applicable Laws, Rules and Regulations.
"Inside Information", when used in this Agreement, unless the context otherwise requires, shall mean non-published information which is likely to have a noticeable effect on the pricing of a Transaction and/or Contract if it was made public.
"Introducing Broker", when used in this Agreement, unless the context otherwise requires, shall mean a financial institution or advisor which may be remunerated by us and/or our clients for referring of clients to us and/or for the provision of advice to such clients and/or execution of such clients' Transactions and/or Contracts towards us.
"Instructions to Deal", means an instruction by you for us to Buy or Sell any Instrument on your behalf including, for the avoidance of doubt, an Order on Shares.
"Listed Company", when used in this Agreement, unless the context otherwise requires, shall mean a company whose securities are listed on a recognized Stock Exchange / regulated market.
"Margin", when used in this Agreement, unless the context otherwise requires, shall mean the necessary guarantee funds to open positions relating to Transactions and/or Contracts entered into through an Account, as determined in and/or required under the 'Spreads and Conditions Schedule' posted on our Online Trading Facility.
"Margin Call", when used in this Agreement, unless the context otherwise requires, shall mean a mandatory request issued by us to increase the Margin deposited in a client's Account in order to secure the open positions relating to Transactions and/or Contracts entered into through an Account; when the Margin posted in an Account is below the minimum Margin requirement, we may, but shall have no obligation whatsoever, issue a Margin Call and in this case the client will have to either increase the Margin that he/she has deposited in his/her Account, or to close out his/her position(s); if the client does not do any of the aforementioned and the Account reaches the defined Stop-out Level, we shall be entitled to close all open positions relating to the Transactions and/or Contracts entered into through the Account.
"Margin Call Level", when used in this Agreement, unless the context otherwise requires, shall mean the Margin Level required to maintain your open positions, which is currently set at 50% of the Margin required to maintain your open positions; accordingly, if the equity in your Account drops to 50% of the Margin Level required to maintain your open positions, you will receive a Margin Call; this is a warning message that the equity in your Account is not enough to support your open positions; at this point, you will not be able to take any new position and you will have the option to deposit sufficient money in order to maintain your open positions or to close out some or all of your position(s).
"Margin Level", when used in this Agreement, unless the context otherwise requires, shall mean an index calculated as follows: Equity/Margin.
"Margin Trade", when used in this Agreement, unless the context otherwise requires, shall mean a Transaction and/or Contract opened and maintained based on a Margin deposit, as opposed to a Transaction and/or Contract based on a purchase price.
"Market", when used in this Agreement, unless the context otherwise requires, shall mean any regulated market, or multilateral trading facility on which Underlying Securities are being traded.
"Market Disruption", when used in this Agreement, unless the context otherwise requires, shall mean, with respect to any Security, the occurrence of any event or condition which in our good faith opinion has a (a) material influence on the liquidity of, or volatility of foreign exchange rates for, the relevant Underlying Security; (b) material influence on the settlement of transactions in relevant Underlying Securities and, therefore, on the settlement of related Securities; or (c) impairs our ability to provide Price Quotes which reflect the supply and demand for relevant Security, due to the fact that the settlement of the relevant Underlying Securities is impaired. Market Disruption shall include but not be limited to, the imposition by any government authority, central bank or multinational organization of material restrictions or limitations on the trading, transfer or settlement of transactions in any Underlying Security(ies).
"Market Maker", when used in this Agreement, unless the context otherwise requires, shall mean a professional participant in the financial markets who continuously quotes both a buy and a sell price in Securities or commodities held in inventory in order to buy and sell respectively in the event of interested clients, hoping to make a profit on the bid-offer spread, or turn; as such, market makers are net sellers of an option to be adversely selected at a premium proportional to the trading range at which they are willing to provide liquidity; being a Market Maker, we are the client's immediate counterpart in relation to any Transaction and/or Contract entered into by a client via our Online Trading Facility.
"Market Rate", when used in this Agreement, unless the context otherwise requires, shall mean, at any given time, the rate conclusively determined (in the absence of manifest error) by a Party to be the market rate available to that Party in the Market at such time for the purchase of a specified Security, with a second specified Security for delivery on a specified date.
"Market Rules", when used in this Agreement, unless the context otherwise requires, shall mean the rules, regulations, customs and practices from time to time of any exchange, clearing house or other organization or market involved in the conclusion, execution or settlement of purchase and/or sale transactions in Securities, and/or any exercise by any such exchange, clearing house or other organization or market of any power or authority conferred on it.
"Netting Transaction", when used in this Agreement, unless the context otherwise requires, shall mean a transaction which is intended to be subject to the clauses entitled "Netting" hereinafter, and for such purposes is identified as a "Netting Transaction" herein or by its own terms.
"Non-Professional User", when used in this Agreement, unless the context otherwise requires, shall mean a person who: (a) subscribes to our Online Trading Facility as a private individual and in a personal capacity; (b) is not currently registered or qualified as a professional securities trader, investment adviser or investment manager with any national or state exchange, regulatory authority, professional association or recognized professional body; (c) does not currently act in any professional capacity as a securities trader, an investment adviser or an investment manager whether or not he has at some time been qualified to do so; and (d) uses the Online Trading Facility solely in relation to the management of his own personal funds and not as a trader to the public or for the investment of corporate funds.
"Online Trading Facility", when used in this Agreement, unless the context otherwise requires, shall mean, collectively and/or individually, as the context requires, all website(s), Electronic Trading Platform(s), and related tools, software and services provided by us to our clients.
"Order" when used in this Agreement, unless the context otherwise requires, shall mean a client's Order to enter into a Transaction and/or Contract in respect of a particular Security on conditions stipulated in the Order; by default, an Order is unlimited ("GTC – Good Till Cancel"), but we and/or the client may define the time of expiration of the Order; basic types of Order include the following: (a) a "Market Execution Order" which is an Order instantly executed against a price that we have provided via our Online Trading Facility; the following features may be attached to a 'Market Execution Order': (i) 'Stop Loss' (an Order to close a previously opened position at a price less profitable than the price at the time of placing the limitation) is an Order to limit losses, whereas (ii) 'Take Profit' (an Order to close a previously opened position at a price more profitable than the price at the time of placing the limitation) is an Order to limit profits; and (b) a "Pending Order", which is an Order to be executed at a later time at the price specified in the Order.
"Order on Shares" when used in this Agreement, unless the context otherwise requires, shall mean a client's Order to enter into a Transaction and/or Contract in respect to Shares supported by the relevant Exchange that we make available to you.
"Order Execution Policy" when used in this Agreement, unless the context otherwise requires, shall mean our prevailing policy posted on our Online Trading Facility regarding best execution when executing client Orders; our Order Execution Policy is part of our Terms and Conditions of Business, which is a contractually binding agreement between us and our clients, and is incorporated herein by reference; it shall be applicable to all transactions between us and our clients.
"Position Limits", when used in this Agreement, unless the context otherwise requires, shall mean the limits we may in our absolute discretion require you to comply with in relation to the number of open positions which you may have with us at any time.
"Price Quote" or "Price Quotes", when used in this Agreement, unless the context otherwise requires, shall mean the bid and offer prices quoted by us in relation to a particular Supported Security at any given time via our Online Trading Facility, and/or where applicable via phone or other means.
"Pricing Data", when used in this Agreement, unless the context otherwise requires, shall mean any data or information relating to pricing that is displayed on our Online Trading Facility from time to time; unless otherwise indicated or agreed upon, any prices shown on our Online Trading Facility are indicative at the time shown based on data that is subject to constant change.
"Representative(s)", when used in this Agreement, unless the context otherwise requires, shall mean an authorized representative of ours, including without limitation, one of our directors, officers, employees, agents, contractors, or affiliated companies.
"Security(ies)" or "Securities", when used in this Agreement, unless the context otherwise requires, shall mean any security, financial instrument, and any other product or service offered or made available by us from time to time.
"Spread", when used in this Agreement, unless the context otherwise requires, shall mean the difference between the bid and the offer prices of a particular Supported Security at any given time; the Spreads applicable to Transactions and/or Contracts entered into via our Online Trading Facility are published on our Online Trading Facility.
"Supported Securities" or "Supported Financial Instruments", when used in this Agreement, unless the context otherwise requires, shall mean the securities, financial instruments and any other products in respect of which we make our Online Trading Facility available from time to time; Supported Securities may change from time to time at our sole and absolute discretion.
"Transaction(s)" or "Contract(s)", when used in this Agreement, unless the context otherwise requires, shall mean a purchase or sale Transaction and/or Contract entered into through your Account.
In this Agreement and its annexes, appendices, addenda, attachments, schedules and exhibits, unless the context otherwise requires: (a) the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa; (b) references to persons shall include individuals, bodies' corporate, un-incorporated associations and partnerships; (c) the headings are inserted for convenience only and shall not affect the construction and interpretation of this Agreement; (d) references to recitals, clauses and annexes, schedules and exhibits and any subdivisions thereof, unless a contrary intention appears, shall be to the recitals, clauses and annexes, schedules and exhibits and subdivisions of this Agreement.
The annexes, appendices, addenda, attachments, schedules and exhibits and the Pre-amble and Recitals set forth hereinabove form an integral part of this Agreement and shall be construed as having the same full force and effect as if they would be expressly set forth in the body of this Agreement.
Unless the context otherwise requires, any reference in this Agreement to a "document" shall be construed to include any 'electronic' document.
Where any form of the word "including" appears in this Agreement, it will be interpreted as if followed by the phrase "without limitation", unless the context requires otherwise.
Subject to the Terms and Conditions set forth herein, we hereby grant you a non-exclusive, revocable, non-transferable, limited and personal license (which is incapable of sub-license or transfer by you, without our express prior and written agreement) to access and use our Online Trading Facility (the "License") in accordance with these Terms. This license is conditioned on your continued compliance with the Terms and Conditions set forth in this Agreement. Before we grant you access to our Online Trading Facility, you will already need to be (and be accepted as) a client of ours and to have opened an Account with us. These Terms supplement and form part of the Account Opening Application Form(s). If there is a conflict between these Terms and the terms of the Account Opening Application Form(s), these Terms will prevail regarding our Online Trading Facility.
We may be required by a Third Party Service Provider to require you to comply with additional restrictions on your access and/or usage of our Online Trading Facility. You agree that you will comply with any additional restrictions on your access and/or usages that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such Third Party Service Providers. You acknowledge that failure to comply with such additional restrictions may result in your access to and/or usage of all or part of our Online Trading Facility being restricted, suspended or terminated.
Our Online Trading Facility is intended for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information received from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we have expressly agreed otherwise beforehand and in writing, we are providing our Online Trading Facility only for your personal, non-commercial use and only for the purpose of, and subject to these Terms. You represent and warrant to us as of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are accessing and/or using our Online Trading Facility for your personal, non-commercial use only. You will notify us immediately in writing if you are accessing and/or using our Online Trading Facility for purposes other than your personal, non-commercial use only and you acknowledge that as a result of doing so, we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification.
For the avoidance of doubt, you shall, at all times, be responsible for, and shall be bound by, any unauthorized access and/or use of our Online Trading Facility, made in breach of this Agreement.
It is your obligation to keep your Account numbers, user names and passwords ("Access Codes") strictly confidential. You acknowledge and agree that any instruction or communication transmitted via our Online Trading Facility by you or on your behalf, or through your Account, is made entirely at your own risk. You hereby expressly authorize us to rely and act on, and treat as fully authorized and binding upon you, any instruction given to us that we believe to have been given by you or on your behalf by any agent or intermediary whom we believe in good faith to have been duly authorized by you. You acknowledge and agree that we shall be entitled to rely upon your Account number, Access Codes (user names and/or passwords) to identify you and you agree that you will not disclose this information to anyone not duly authorized by you.
Because all servers have limited capacity and are used by many people, you agree not to use our Online Trading Facility in any manner that could damage or overburden any of our servers, or any network connected to any of our servers and not to use our Online Trading Facility in any manner that would interfere with any other party's use of our Online Trading Facility. You further agree not to use any Electronic Messaging and/or communication feature of our Online Trading Facility for any purpose that is unlawful, tortuous, abusive and intrusive on another's privacy, harassing, libelous defamatory, embarrassing, obscene, threatening or hateful.
The License granted under this Agreement will be terminated with immediate effect if we believe that any information provided by you, including, without limitation, any identification evidencing nationality, residence, or contact details, including without limitation your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any Term of this Agreement and/or any rules and/or guidelines imposed by us. Upon such violation, you agree to cease, with immediate effect, accessing and/or using our Online Trading Facility. You agree that, under these circumstances, we shall be entitled, at our sole discretion and with or without prior notice and without prejudice to any other remedies we may have under this Agreement, to terminate your access to our Online Trading Facility, close any and all of your open positions and/or remove and discard any related information or content within our Online Trading Facility.
The entire contents of our Online Trading Facility, including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour schemes and graphics, are protected by international copyright and trademark laws. Except for third party content, the contents of our Online Trading Facility are original works of authorship published by us, or by, or on behalf of our Third Party Licensors. We have the exclusive rights to reproduce, display, and all property rights in all of the material and software on our Online Trading Facility are owned by us or by our Third Party Licensors. All third-party-owned materials contained our Online Trading Facility are reproduced with the permission of the respective owners.
You may not, without our prior written permission, alter, modify, copy, reproduce, republish, upload, post, transmit, distribute or commercially exploit, in any manner whatsoever, any materials, including text, graphics, video, audio, software code, user interface design or logos, from our Online Trading Facility, except that you may print and download portions of material from the different areas of Online Trading Facility solely for your own, non-commercial, use provided that you agree not to change or delete any copyright or proprietary notices from such materials. All referenced third-party logo trademarks and products on the site are the property of the respective (site) owner(s) and must not be used or distributed without permission of the owner(s). Any violation of these provisions will null and void the License granted hereunder.
You agree not to "deep-link" to our Online Trading Facility, resell or permit access to our Online Trading Facility to others, and not to copy any materials appearing on our Online Trading Facility for resale or for any other purpose to others, without our express, prior and written consent. In those instances, where we may permit you to link from another website to our Online Trading Facility, your website, as well as the link itself, may not, without our express prior and written permission, suggest that we endorse, sponsor or are affiliated with any third-party website, entity, service or product, and you may NOT make use of any of our logo's, trademarks or service marks other than those contained within the text of the link.
Our Online Trading Facility is NOT intended to provide legal, tax or investment advice. Any and all information on our Online Trading Facility is for educational purposes only and is under no circumstance intended to provide legal, tax or investment advice and no guarantee is represented from any statements about profits or income, whether express or implied.
You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
While we have made every effort to ensure the accuracy of the information posted on our Online Trading Facility, the information and content on our Online Trading Facility is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions.
While we have taken reasonable measures to ensure the accuracy of the information on our Online Trading Facility, we do not, however, guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access our Online Trading Facility, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our Online Trading Facility.
All content on our Online Trading Facility is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
At certain times, we may provide various analytical tools (such as market data, exchange rates, news, headlines and graphs), links to other websites, circulate newsletters and/or provide you with third parties' information on our Online Trading Facility, for your convenience only. By doing so, we are not endorsing, giving any representation, warranting, guaranteeing or sponsoring the accuracy, correctness, timeliness, completeness, or suitability of such information for you and/or as to the effect or consequences of such information on you. Such information and tools are provided solely to assist you to make your own investment decisions does not amount to investment advice or unsolicited financial promotions to you.
You understand that we are not obligated to continue to provide the above-mentioned tools and information and we may remove such informational tools from our Online Trading Facility at any time. Furthermore, we are not obligated to update the information displayed on our Online Trading Facility at any time and we will not be liable for the termination, interruption, delay or inaccuracy of any such information. The financial information we post on our Online Trading Facility may be provided by third parties for the benefit of our clients and as such you undertake not to enable deep linking or any other form of redistribution or reuse of the information, to any non-authorized users. As such, we urge you to read and fully understand the terms and conditions and other policies of such websites, newsletters and information before using them.
Any information or material placed on our websites by third parties ("Third Party Content") reflects solely and exclusively the views, and are the responsibility of, those who post such information or material, and do not represent our views and/or those of our Associates. Such information is not to be considered as constituting a track record. Past performance is no guarantee of future results and we specifically advise clients and prospects to carefully review all claims and representations made by other traders, advisors, bloggers, money managers and system vendors before making an investment decision on the basis of any of the foregoing.
IN NO EVENT SHALL WE AND/OR ANY OF OUR AFFILIATES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY SUCH TOOLS, WEBSITES, NEWSLETTERS AND/OR INFORMATION PROVIDED ON OUR ONLINE TRADING FACILITY. IN PARTICULAR, WITH RESPECT TO ANY MARKET DATA, EXCHANGE RATES, NEWS, HEADLINES AND GRAPHS AND/OR OTHER INFORMATION THAT WE AND/OR ANY THIRD PARTY SERVICE PROVIDER PROVIDES TO YOU IN CONNECTION WITH YOUR USE OF OUR ONLINE TRADING FACILITY: (I) WE ARE NOT RESPONSIBLE OR LIABLE IF ANY SUCH DATA OR INFORMATION IS INACCURATE OR INCOMPLETE IN ANY RESPECT; (II) YOU ARE RESPONSIBLE (AND WE SHALL NOT BE LIABLE) FOR ANY ACTIONS THAT YOU TAKE OR REFRAIN FROM TAKING AS A RESULT OF SUCH DATA OR INFORMATION; (III) YOU WILL NOT USE SUCH DATA OR INFORMATION FOR AN INAPPROPRIATE OR ILLEGAL PURPOSE; (IV) YOU ACKNOWLEDGE THAT ANY SUCH DATA OR INFORMATION IS OUR PROPERTY AND/OR, AS THE CASE MAY BE, THE PROPERTY OF OUR THIRD PARTY SERVICE PROVIDERS AND YOU WILL NOT RETRANSMIT OR DISCLOSE SUCH DATA OR INFORMATION TO THIRD PARTIES EXCEPT AS REQUIRED BY RELEVANT LAW; AND (V) YOU WILL USE SUCH DATA OR INFORMATION SOLELY IN COMPLIANCE WITH ALL RELEVANT APPLICABLE LAWS, RULES AND REGULATIONS.
Neither we, nor our officers, principals, employees, Representatives or Agents shall be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in, omissions of or alterations to any such tools, websites, newsletters and/or information. The foregoing shall apply regardless of whether a claim arises in contract, tort, negligence, strict liability otherwise.
As previously indicated, our Online Trading Facility may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets and other financial markets.
Some of this content may be supplied by Persons that are not affiliated with us ("Third Party Content"). The source of all such Third Party Content is clearly and prominently identified on our Online Trading Facility and is reproduced with the permission of the respective owners.
Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or may simply be published on our Online Trading Facility. As indicated above, the Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited.
We do not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not, implicitly or explicitly, endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
While we make every attempt to provide accurate and timely information to serve the needs of our Clients, neither we, nor any of our Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and neither we, nor any of our Third Party Content providers is/are responsible or liable for any such content, including any advertising, products, or other materials on or available from third party websites. Third Party Content is provided for informational purposes only and we, as well as its Third Party Content providers specifically disclaim any liability for Third Party Content available on our Online Trading Facility. You will use Third Party Content only at your own risk.
ANY THIRD PARTY CONTENT ON OUR ONLINE TRADING FACILITY IS PROVIDED ON AN "AS-IS" BASIS. OUR THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall be solely responsible for providing and maintaining the means by which to access and use our Online Trading Facility, which may include, but shall not be limited to, a personal computer, modem and telephone or other access line.
You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer(s) or on any other computer(s) through which you will gain access to, and/or make use of our Online Trading Facility.
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of all access and use of your computer, infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data.
You agree that we shall not be liable, in any manner whatsoever, to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You will not transmit to, or in any way, whether directly or indirectly, expose us or any of our online services providers to any infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data.
You agree to be fully and personally liable for the due settlement of every Transaction and/or Contract entered into through your Account with us. You are responsible for ensuring that, unless we otherwise agree beforehand and in writing, you, and only you, shall control access to your Account, and that no Minor or other person is granted access to trading on our Online Trading Facility using your Account. In any event, you, and only you, shall remain fully liable for any and all positions traded in your Account, and for any credit card transactions entered into for your Account. You agree to indemnify us fully in respect to all costs and losses whatsoever, as may be incurred by us and/or by you as a result, direct or indirect, of your failure to perform or settle such a transaction.
You agree that in the case that any Transaction is entered into, and/or any Contract is acquired or sold at prices that do not reflect relevant Market Prices, or that is acquired or sold at an abnormally low level of risk ("mispricing") due to an undetected programming error, bug, defect, error or glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in mispricing, we reserve the right to cancel such Transactions and/or Contracts upon notifying you of the nature of the computer error that led to the mispricing. You have a duty to report to us any problem, error or suspected system or other inadequacies that you may experience.
Without prejudice to any other provisions of this Agreement, should quoting and/or execution errors occur, which may include, but are not limited to, a dealer's mistype of a quote, a quote or trade which is not representative of the then prevailing Market Prices, an erroneous Price Quote from us or any third party, such as but not limited to an erroneous Price Quote due to failure of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, we will not be liable for the resulting errors in your Account balances. In the event of a quoting or execution error, we reserve the right to make the necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting or execution errors will be resolved by us in our sole and absolute discretion.
We reserve the right to suspend the operation of our Online Trading Facility, or any part(s) or sections thereof, at any time. In such an event, we may, at our sole discretion (with or without notice), close out your open positions, Transactions and/or Contracts at prices we consider fair and reasonable at such a time, and no claims may be entertained against us in connection thereto.
We may, at our sole discretion, impose volume or other limits on any all Accounts.
Contract pay-outs shall be determined by us by reference to the daily values reported on our Online Trading Facility, relevant to the interbank trading data received by us for Transaction and/or Contract quotes, subject to the 'proviso' that we shall be entitled to make corrections to such data in the event of mispriced or typographically incorrect data.
You understand that while the Internet and the world-wide web are generally reliable, technical problems or other conditions may delay or prevent you from accessing and/or using our Online Trading Facility.
We shall not be liable, and you agree not to hold or seek to hold us or any of our Agents or Third Party Service Providers, liable for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
We do not represent, warrant or guarantee that you will be able to access and/or use our Online Trading Facility at all times or locations of your choosing, or that we will have adequate capacity for our Online Trading Facility as a whole or in any geographic location.
We do not represent, warrant or guarantee that our Online Trading Facility will provide uninterrupted and error-free service.
We do not make any warranties or guarantees with respect to our Online Trading Facility and the content thereof, including, but not limited to, warranties for merchantability or fitness for a particular purpose.
Without prejudice to any of the forgoing, we shall not be responsible for an impossibility to execute Orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond our control.
A "Manifest Error" means a manifest or obvious misquote by us, or any market, exchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the market conditions at the time an Order is placed.
When determining whether a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
We will, when making a determination as to whether a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or Transaction in reliance on an Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to: amend the details of such a Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to have been the correct or fair terms of such Transaction if the Manifest Error(s) had not occurred.
If you do not promptly agree to any amendment made which we propose under this clause (which we will notify you of via the Trading Platform) we may void any Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or not take any action at all.
We may take any reasonable steps for any trades executed at prices resulting from Manifest Errors (as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, we may take the following actions to trades based on a Manifest Error: void the trade; close the trade at the current market prices; or amend opening and/or closing price of the trade, as if it would have been executed in the absence of the Manifest Error.
We will not be liable to you for any loss, cost, claim, demand or expense that you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error, including where the Manifest Error is made by any information source, commentator or official upon whom we reasonably rely, or from our decision to do anything under the clause above, except to the extent that it is caused by our own fraud, willful default or gross negligence.
If a Manifest Error has occurred and we choose to exercise any of our rights under that clause, and if you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay.
We reserve the right to refuse any trades placed by you that we judge to be clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to Manifest Error or stale, incorrect or broken price feeds.
You understand that we cannot and do not guarantee or warrant that files and/or Software available for downloading through our Online Trading Facility will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our Online Trading Facility for the reconstruction of any lost data.
We may provide links to other third party websites that are controlled or offered by third parties. Such links to another third party website or websites is NOT an endorsement, authorization, sponsorship or affiliation with respect to such third party website, its owners or its providers.
We caution you to ensure that you understand the risks involved in accessing and/or using such third party websites before retrieving, using, relying upon or purchasing anything via the Internet.
We make NO representations whatsoever about any other third party website, which you may access through our Online Trading Facility or which may link to our Online Trading Facility. When you access any other third party website, please understand that it is independent from our Online Trading Facility and that we have no control over the content on such third party website(s). In addition, a link from a third party website to our Online Trading Facility does not mean that we endorse or accept any responsibility for the content, or the use, of such third party website.
Links from our Online Trading Facility to any other third party websites are provided solely for your convenience, and you agree that you will under no circumstances hold us liable for any damages or losses caused by use of or reliance on any content, goods or services available on other third party websites.
Our Online Trading Facility may contain software that is provided for downloading (hereinafter referred to as "Software"). You acknowledge and agree that we make no warranty whatsoever that any Software downloaded onto your computer equipment from or through our Online Trading Facility or elsewhere will be compatible with, or operate without interruption on, your computer equipment, nor do we warrant that any such Software is or will be uninterrupted, error free or available at all times. Our Online Trading Facility is not associated with the Software it may provide for download and we cannot be held liable for issues or faults that arise from the download or use of any such Software.
You further understand and agree that your download and/or use of any Software may expose you to risks associated with the download and/or use of software that may not be compatible with your computer equipment. You hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment. We expressly disclaim any liability with respect to the foregoing, and you hereby agree to fully indemnify, defend and hold us harmless from any and all damages, liabilities, losses, costs and expenses that may arise therefrom.
Each Software application downloaded from or through our Online Trading Facility includes a specific personal license to use such Software in accordance with the Terms and Conditions set forth herein. Any Software downloaded from or through our Online Trading Facility is subject to the Terms of the specific software license accompanying such download, in addition to these Terms and Conditions.
Any Software downloaded from or through our Online Trading Facility is intended only for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use any such Software downloaded from or through our Online Trading Facility for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Facility. Using any such Software to distribute signals, copy trades, share the Software or signals with third parties or use the Software on MAM accounts (or in connection with any other portfolio management structure) is NOT allowed under this agreement, without our express and prior written consent, and may lead to immediate termination of the License granted under this Agreement and/or the specific personal license to download and/or use such Software.
For the avoidance of doubt, you shall be responsible for, and shall be bound by any unauthorized access and/or use of any Software downloaded from or through our Online Trading Facility, made in breach of this Agreement and/or the specific personal license to use such Software. In the event that you receive any data, information or Software via our Online Trading Facility other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information or Software.
We reserve all rights to modify the terms and conditions of access and use, and/or to discontinue all or part of our services for all Software and/or products and/or files downloaded from or through our Online Trading Facility, at any time, at our sole discretion and for any reason, without being obliged to provide you with any explanation or justification.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR SERVICES AND THEIR POTENTIAL ON OUR ONLINE TRADING FACILITY. ALTHOUGH THE 'FOREX' INDUSTRY IS ONE OF THE FEW THAT HAS A GREAT POTENTIAL IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR INCOME AT ALL USING THE TECHNIQUES AND IDEAS IN OR THROUGH THE MATERIALS OR PRODUCTS PROVIDED ON OR THROUGH OUR ONLINE TRADING FACILITY. DO NOT INTERPRET EXAMPLES IN THESE MATERIALS AS A PROMISE OR GUARANTEE OF EARNINGS. SUCH EARNING POTENTIAL IS AT ALL TIMES ENTIRELY DEPENDENT ON THE PERSON USING ANY OF OUR SERVICES, PRODUCTS, IDEAS AND TECHNIQUES. OUR SERVICES ARE NOT TO BE CONSTRUED AS A "GET RICH SCHEME."
ANY CLAIMS MADE CAN BE VERIFIED UPON REQUEST. THIS IS IN RESPECT OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS THAT MAY BE CLAIMED IN OUR MATERIALS DEPENDS ON MANY FACTORS, INCLUDING, BUT NOT LIMITED TO THE TIME YOU DEVOTE TO THE SERVICES, PROGRAMS, IDEAS AND TECHNIQUES MENTIONED, AS WELL AS YOUR FINANCIAL SITUATION, KNOWLEDGE AND EXPERIENCE AND VARIOUS SKILLS. ALL THESE DIFFER ACCORDING TO INDIVIDUALS, AND SO WE CAN NOT, NOR DO WE, GUARANTEE YOUR SUCCESS OR INCOME LEVEL. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTIONS.
IT IS POSSIBLE THAT SOME OF THE MATERIALS OR PRODUCTS PROVIDED ON OR THROUGH OUR ONLINE TRADING FACILITY MAY CONTAIN INFORMATION THAT INCLUDES, OR IS BASED UPON, FORWARD-LOOKING EARNINGS STATEMENTS. SUCH FORWARD-LOOKING EARNINGS STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. THESE STATEMENTS CAN BE IDENTIFIED BY THE FACT THAT THEY DO NOT RELATE DIRECTLY OR STRICTLY TO EITHER HISTORICAL OR CURRENT FACTS. SUCH STATEMENTS MAY USE WORDS SUCH AS "ANTICIPATE," "BELIEVE," "ESTIMATE," "EXPECT," "INTEND," "PROJECT," "PLAN," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. SHOULD SUCH STATEMENTS BE USED BY US ON OUR ONLINE TRADING FACILITY OR IN ANY OF OUR SALES MATERIAL, THEY ARE SOLELY INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND SO PLEASE NOTE THAT NO GUARANTEES ARE MADE, NEITHER TO YOU, NOR TO ANYONE ELSE, THAT YOU OR ANYONE ELSE WILL ACHIEVE RESULTS SIMILAR TO THE ONES MENTIONED ON OUR ONLINE TRADING FACILITY OR IN ANY OF OUR SALES MATERIAL. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM ANY IDEAS, TECHNIQUES OR SOFTWARE PROVIDED ON OUR ONLINE TRADING FACILITY OR IN ANY OF OUR SALES MATERIAL OR AS MAY APPEAR ANYWHERE ON OUR ONLINE TRADING FACILITY.
In consideration of us agreeing to carry one or more Accounts for you and providing Services to you in connection with the purchase and sale of Supported Securities, which may be purchased or sold by or through our Online Trading Facility, or otherwise, for your Account, you hereby agree as follows.
These Terms and Conditions cover the entire scope of Services provided by us including, but not limited to, the access and use of our Online Trading Facility, data collection and storage practices, downloadable material from our Online Trading Facility, financial information published on our Online Trading Facility (either by us or by any affiliated party), electronic content, real time information, inter alia, about the exchange rate of some currencies, tools for executing transactions in the foreign exchange market through the internet, by phone or fax and any other features, content or services that we may add in the future. These Terms and Conditions cover any form of communication between us and you including Electronic Messaging, e-mail, telephone, fax and more.
We are obligated by law to confirm and verify the identity of each person who registers on our system and opens an Account with us. Therefore, at any given time, starting from the date of your registration with us, we may ask you to provide personally identifiable information. We reserve the right to limit, block access to our Online Trading Facility and/or terminate and/or close your Account with us, if such information is not provided and/or if any such information provided to us appears to be untrue, inaccurate, incomplete and/or incorrect. If you choose to provide us with such information and register with us as our client, you are confirming to us that any information provided to us is true, accurate, updated and complete information about yourself. Additionally, you agree that you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from us for any purpose or reason.
If you are registering as or for a business entity, you hereby declare that you have the authority to bind that entity to these Terms and Conditions. We apply strict security procedures and undertake to treat the information that you provide us with care in accordance with the privacy policy published on our Website(s) (our "Privacy Polic(y)ies").
Please note that when you register with us, you will choose a username and password that will personally identify you each time you log on to our system ("Access Codes"). Your Access Codes (username and password) should be kept strictly private and confidential at all times. It is your sole and exclusive responsibility to safeguard this information and you are responsible for all actions made using your Account User Information. You agree: (a) to notify us immediately of any unauthorized use of your Access Codes or of any other violation of security and (b) at the end of each use, to log out from your Account in an orderly way. If the security of your Access Codes (username and password) is breached or if you suspect that they are being wrongfully used – please contact our Customer Experience team immediately.
As previously indicated, it is a pre-condition that our Services are only used and contracts are only formed by those who are permitted to enter legally binding agreements. THEREFORE, IF THERE IS ANY REASON WHY YOU WOULD NOT BE ABLE TO ENTER A LEGALLY BINDING AGREEMENT WITH US, FOR WHATEVER REASON – DO NOT USE OUR SERVICES. Such reasons could include, but are not limited to persons that have not yet reached the age of 18 or are defined as Minors that have not yet reached legal age.
Due to our internal policies, we only permit people with sufficient experience, knowledge and understanding in financial investments, who possess the personal ability of identifying good investments and distinguishing bad investments, and who fully understand the risks associated with financial investments, independently from any information that they may have read on our Online Trading Facility, to use our Services.
In accordance with the International Financial Services Practitioners (Code of Conduct) Regulations 2001, the Company takes all reasonable steps to ensure it does not offer securities business services to a Client, unless these services are suitable for the Client having regard to the facts disclosed by that Client and other relevant facts about the Client of which the Company is or ought to reasonably be aware. The Company shall not recommend a security to a Client unless the Company has adequate information in its possession to enable it to form a basis for the recommendation.
Information thus obtained will be used exclusively for the assessment referred to hereinabove.
Notwithstanding any of the above, the above mentioned eligibility restrictions shall only apply in cases where our Services involve the use of real money. The above restrictions shall NOT apply to use of any practice application not associated with real money transactions (such as, "Demo Accounts").
We are obligated by law to confirm and verify the identity of each person who registers on our system and opens an Account with us; therefore, as part of our obligations to comply with applicable "Anti-Money Laundering ("AML") Legislation", you will be prompted to provide us with the following information when you register with us: (a) name; (b) address/ residency; (c) date of birth; (d) nationality; (e) contact information; (f) payment instructions; and any other personally identifiable information that we may ask for from time to time, such as a copy of your Passport and/or other identifying documents.
Upon the death of an Account owner and if the legal heirs of such account owner would like to withdraw the remaining balance in the Account, to the extent there is any, such legal heirs should present to us with official legal documents from the applicable governmental authorities in the jurisdiction of the deceased to our satisfaction, and we, in our sole discretion and upon checking such documents, shall make the decision whether to allow such withdrawal(s).
You must provide us with true and complete information to us at all times; including but not limited to, your (a) name; (b) address / residency; (c) date of birth; (d) nationality; (e) contact information; (f) payment instructions; and any other personally identifiable information that we may ask from you from time to time, such as a copy of your Passport and/or other identifying documents, that we may request from you from time to time as part of our obligations to comply with applicable "Anti-Money Laundering ("AML") Legislation".
In that connection, you hereby represent, warrant, covenant and agree that: (a) you are at least 18 years old, or the age of legal consent for engaging in financial investment activities under the laws of any jurisdiction that applies to you; (b) you are not politically exposed person, as defined in the Money Laundering and Terrorism (Prevention) Act 2008, and you do not have any close family ties or personal or business connections to the aforementioned persons; (c) you are of sound mind and you are capable of taking responsibility for your own actions; (d) all the details that you have submitted to us or any details given to us when opening an account and making a deposit are true, accurate, complete and match the name on the payment card and/or payment accounts in which you intend to deposit or receive funds from your account; (e) you have verified and determined that your use of our Online Trading Facility does not violate any laws or regulations of any jurisdiction that applies to you.
If any of the above statements is untrue or inaccurate with respect to you, please inform our Customer Experience team immediately and we shall inform you if/how you may continue to access and/or use our Services.
You hereby expressly acknowledge and agree that the penalty for providing untrue, inaccurate, misleading or otherwise incomplete information is your immediate breach of these Terms and Conditions. As such, we reserve the right to suspend and/or terminate your Account promptly and to suspend and/or prevent you from accessing and/or using our Online Trading Facility, without prejudice to any other rights and/or remedies we may have under and/or pursuant to this Agreement.
From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit funds to your account. Subject to our satisfaction from such documentation checks, you may or may not be permitted to deposit further funds by recurring credit card or other means of payment.
We may elect to provide you with documentation, information and communications in various languages. By accepting these Terms and Conditions you acknowledge and confirm that our official language is English, and in the event of any discrepancy or inconsistency between any documentation, information and communications in any language other than English and the same in English, the English documentation, information and communications shall prevail.
We reserve the right to communicate with you by telephone, facsimile, email, posts, newsletters issued by us and/or any other means of communication, whether such communication is personally addressed to you or generally addressed to all our clients and/or posted on our Online Trading Facility. By accepting these Terms and Conditions, you acknowledge and confirm, without prejudice to any other Terms of this Agreement, that all such means of communications on our end are deemed to be acceptable and that any information or notification so provided shall be deemed to have been received by you and/or any transaction so executed shall be deemed final and binding on your part.
You shall inform us in writing of the persons you have granted a Power-of-Attorney to instruct us on your behalf. For practical reasons, we can only undertake to register one Power-of-Attorney for you. If you at any time wish to revoke such a Power-of-Attorney, to change the extent of such a Power-of-Attorney or grant Power-of-Attorney to a different person this shall also be informed to us in writing. We are, in accordance with general rules regarding Powers-of-Attorneys entitled to receive instructions from any Person authorized by you as well as Persons who appear so authorized. We do reserve the right, however, at our sole discretion, to reject the appointment of any representative/Power-of-Attorney authorized to act in your Account and we may elect, at our sole discretion, to dismiss and/or reject at any time any transactions performed by such Authorized Representative/power of attorney.
By opening an Account with us, you will be subject to, and you hereby expressly agree to abide by, all of our rules, policies and operating procedures that govern your activities on our Online Trading Facility. We reserve the right to refuse and/or decline our Services to any Person and to close the Account of any Person, at any time, at our sole discretion, and for any reason, without being obliged to provide any explanation or justification.
Subject to the above registration and eligibility requirements, we hereby grant you a personal, revocable, non-exclusive, non-transferable and non-sub-licensable license (a "License") that is limited to the provisions of these Terms and Conditions to access and use our Services (including the use of our Online Trading Facility and any associated downloadable Software), all as described in further detail hereinafter.
Under these Terms, we will be dealing with you in Securities as principal ("Services").
As part of our Services, we will use reasonable commercial efforts to supply you with the informational and technical means to access and use our Online Trading Facility, and provide you with market access and trade execution services ("Transactions") in Supported Securities on a 'rolling spot' or 'swap' basis, in a twenty-four-hour mode of operation, from Sunday 22:05 GMT to Friday 21:50 GMT, except on official public holidays in the USA and Europe ("Dealing Hours"), subject to the relevant markets in London, the USA and/or Asia being open.
Unless expressly determined and stated "in the terms agreed upon by mutual consent of the Parties", we offer reception and transmission dealing services to you in relation to transactions in respect of Over-The-Counter ("OTC") traded instruments, such as Spot Forex, Contract for Differences (CFDs) on stocks, indices, precious metals or any other financial instruments or commodities available for trading from time to time via our Online Trading Facility ("Supported Securities"), and such additional services as we may agree from time to time in writing.
We will NOT advise you on the merits or suitability of any Transaction and/or Contracts entered into pursuant to these Terms and Conditions, nor will we manage or monitor your investments. You acknowledge that our execution of any Order on your behalf does not in any way imply that we have approved or recommended that Transaction or investment. For your information, we have set out various risk disclosures on our Online Trading Facility.
Unless expressly determined and stated "in the terms agreed upon by mutual consent of the Parties", all Transactions and/or Contracts we enter into with you or execute on your behalf will be placed and executed in accordance with the terms of our Order Execution Policy (as amended or extended from time to time) full details of which are available on our Online Trading Facility ("Order Execution Policy"). Our Order Execution Policy is part of these Terms and Conditions and is incorporated herein by reference, shall be applicable to all Transactions and contracts entered into by and between you and us, to the extent that it does not impose and/or does not seek to impose any obligations on us which we would not otherwise have, but for the Applicable Laws and Regulations.
We will provide you with "bid" and "ask" prices ("Price Quote(s)") in respect of Supported Securities through our Online Trading Facility or, in those instances where we have agreed to do so, through our Dealing department. The Price Quotes that we quote are determined by us and usually represent a mark-up or mark-down on inter-bank dealing rates. Our fees and charges are set out on our Online Trading Facility. Each price published shall be valid until the earlier of its expiration time and the time, if any, at which it is otherwise withdrawn by us.
Each Price Quote shall be available for use in a dealing instruction for a Transaction and/or Contract with a principal amount not to exceed a maximum leverage amount, determined by us, published on our Online Trading Facility or otherwise notified to you ("Leverage"). You acknowledge that the prices and maximum Leverage we may offer to you may differ from prices and Leverage provided to other clients of ours and may be withdrawn or changed by us at any time, without prior notice and without any obligation on our end to provide any explanation and/or justification. We may in our absolute discretion and without prior notice to you, immediately alter, withdraw or refuse to deal on any Price Quote we may have published or cease the provision of Price Quotes altogether in some or all Supported Securities and for some or all value dates at any time and without any obligation on our end to provide any explanation and/or justification.
Unless expressly determined and stated "in the terms agreed upon by mutual consent of the Parties", our Services are restricted to executing Transactions and/or Contracts in Supported Securities via our Online Trading Facility, at the Price Quotes displayed on our Online Trading Facility or otherwise communicated to you at your request.
The Company may, at its sole discretion, offer CFDs on Cryptocurrencies for trading on its Online Trading Facility, from time to time. Cryptocurrencies, when used in this Agreement, unless the context otherwise requires, shall mean a type of decentralized digital currency or asset which is not issued by any central bank or issuer and in which encryption techniques are used to facilitate the generation of units of the currency or asset and verify the transfer of units ("Cryptocurrencies").
You hereby acknowledge and accept that Cryptocurrencies are traded on non-regulated decentralized digital exchanges. As such, prior to investing in CFDs on Cryptocurrencies you should be aware of the following: Such products are complex, extremely risky, and usually highly speculative; Such products entail a high risk of losing all of your invested capital; The values of virtual currencies (i.e., Cryptocurrencies) are subject to extreme price volatility and hence, may result in significant loss over a short period of time; Such products are not appropriate for all investors. As such, you should not engage in trading in relation to such products if you do not have the necessary knowledge in this specific product or if you cannot bear the loss of your entire invested amount; and You shall be fully aware of, and understand, the specific characteristics and risks in relation to these products.
The Company bases the price of its Cryptocurrency products on the underlying market, made available to it by the exchanges and market-makers with which it trades. Because the Cryptocurrencies market is decentralized, meaning it lacks a single central exchange where all transactions are conducted, each market maker may quote slightly different prices.
You should be aware that when the software of different miners of a Cryptocurrency becomes misaligned, a split (or "Fork") in the block chain may occur and the latter results in the existence of two different block chains. In the case where both block chains continue to exist, the Company, at its reasonable discretion, may follow the block chain that has the majority consensus of Cryptocurrency users and use this as the basis for its prices. The Company reserves the right to determine which block chain and Cryptocurrency unit have the majority consensus behind them. When a Fork occurs, there may be substantial price volatility around the event, and we may suspend trading throughout if we do not have reliable prices from the underlying market. We will endeavor to notify you of potential block chain Forks, however it is your responsibility to make yourself aware of the Forks that could occur.
If at any time, any of the CFD on a Cryptocurrency that forms the subject of your order is delisted and/or we no longer support the trading in such CFD for any reason, then the applicable order will be immediately closed. If the Company is notified that a CFD on a Cryptocurrency you hold in your Account is likely to be delisted and/or removed and/or cancelled from any of the exchanges (some of them or all) and the Company believes that it shall not be able to trade in such CFDs on Cryptocurrencies, the Company shall make an effort to close any current orders on CFDs on such Cryptocurrencies on your behalf at such time and price, and in such manner, as it determines.
There is no guarantee that your order will be filled in full or in part. Where a delay occurs for any reason, we will attempt to execute the order as soon as reasonably practicable. You acknowledge and accept that the market price of the Cryptocurrencies may have moved during the time between our receipt and acceptance of your order and our attempt to execute the order. In these circumstances, the third-party who has provided the quotation to us is not obliged to honor the indicative price you have received. Such movements in price may be in your favor or against you.
For the avoidance of any doubt, the Company does not own or control the underlying software protocols which govern the operation of Cryptocurrencies available for trading in our Online Trading Facility. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Company's Services, you acknowledge and agree that (i) the Company is not responsible for operation of the underlying protocols and that the Company makes no guarantee of their functionality, security, or availability; and (ii) the underlying protocols ("Fork Protocols") are subject to sudden changes in operating rules (i.e. Forks), and that such Forks may materially affect the value, function, and/or even the name of the Cryptocurrency the Company holds for your benefit. In the event of a Fork, you agree that the Company may temporarily suspend its operations regarding the Cryptocurrency(ies) (with or without advance notice to you) and that it may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the Forked Protocol entirely.
We may decide (but for the avoidance of any doubt we are not obligated to do so), at our sole discretion, to adjust your Account in respect of a Fork depending on the circumstances of each event attributable to any specific Cryptocurrency held by you. Such adjustment shall be calculated by us, net of any taxes which may apply with respect thereto. In doing so we will make efforts to effect such adjustment on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice and/or taking into account the treatment we may receive from our counterparties or any relevant third party.
You acknowledge and agree that the Company assumes no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
Since block chain is an independent peer-to-peer network and is not controlled in any way or manner by the Company, the Company shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in block chain or in any other networks in which the Cryptocurrencies are being issued and/or traded. You will be bound and subject to any change and/or amendments in the block chain system and subject to any applicable law which may apply to the block chain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the block chain functionality nor for any breach of security in the block chain.
You acknowledge that our Online Trading Facility is independent of any exchanges and we are under no obligation to quote a particular price or follow the trading rules consistent with such exchanges. You further acknowledge that the triggering of your transaction is linked to the prices we quote on our platform, during trading hours, and not the prices quoted on any relevant exchanges.
When entering into an order for CFDs on Cryptocurrencies, you irrevocably and unconditionally agree to accept the security bid/ask prices in which the transaction shall be executed as shall be reflected on our trading platform as final and binding.
Without derogating from the generality of the foregoing or any other provision herein, we further reserve the right NOT to execute buy or sell orders for Cryptocurrencies and/or to close any open positions therein, without any further notice to you, in the following circumstances: (1) your order violates any applicable laws, regulations or rules, or is intended to defraud or manipulate the market; (2) abnormal market conditions and/or a significant disruption in or premature close of trading in of the underlying Cryptocurrency and/or the market on which the underlying Cryptocurrency is traded; (3) Force Majeure, acts of God, war (declared or undeclared), terrorism, fire or action by an exchange, regulatory or governmental authority that disrupts trading in the relevant security; and (4) in the event liquidity providers are unable to provide liquidity to us.
Given the unpredictability, complexity and volatility characterizing the Cryptocurrencies' trading environment, we reserve the right to place restrictions on the trading of this class of instruments with the purpose to protect our clients' best interests and mitigate the trading risk they bear and, specifically, we may set an instrument as buy only ("Unshootable"), sell only ("Unloadable"), close only and/or disable it. In addition, the maximum exposure limit for clients holding CFDs on cryptocurrencies is limited to one (1) million USD per client or group of related parties.
The Company currently allows trading in CFDs on Cryptocurrencies during the weekend. However, as weekends are not Business Days, delays might occur during the transmission of funds in your trading Account. The Company further reserves the right, at its reasonable discretion, to cease and/or suspend the offering of trading in CFDs on Cryptocurrencies at any time and for a period of time as deemed necessary.
The Company further reserves the right to change the margin requirements of CFDs on Cryptocurrencies, at its reasonable discretion, at any time.
CFDs on Cryptocurrencies are swap-free products. We reserve the right to revoke, at our sole discretion, the swap-free status of the CFDs on Cryptocurrencies, in case where, including but not limited to, changes in the underlying market conditions and structure occur or financing costs. However, in the event that we detect any form of abuse, fraud, manipulation, cash-back arbitrage, carry trades, or other forms of deceitful or fraudulent activity in regard to the trading of CFDs on Cryptocurrencies by any client, we reserve the right, at any time, (a) to charge any administrative fee and/or costs pertaining to any and all of such client's trading Accounts related to the trading of CFDs on Cryptocurrency, as calculated at that time; and/or (b), with immediate effect, to close all trading Accounts of such client with us, and/or nullify all trades carried out in such client's trading Accounts with us and/or cancel all profits or losses garnered in such client's trading Accounts with us.
You hereby acknowledge, represent and warrant to us that, when trading in CFDs on Cryptocurrencies, you fully understand the specific characteristics and risks related to these Cryptocurrencies and that trading in CFDs on Cryptocurrencies is not appropriate for all investors.
Placing of instructions: Unless expressly agreed upon otherwise, by us all dealing instructions must be given to us electronically via our Online Trading Facility, although we may at our sole discretion accept instructions from you in writing (including fax), by e-mail or other electronic means, or orally (including by telephone through our dealing department at the designated phone number specified on our Online Trading Facility or as otherwise notified to you in writing, unless we tell you that instructions can only be given in a particular way). We may, in our absolute discretion, require confirmation (in such form as we may specify) of any dealing instruction, as appropriate. If you give instructions by telephone, your conversation may be recorded. We shall be authorized to follow instructions notwithstanding your failure to confirm them in writing. Instructions for the simultaneous entering into a Contract for the purchase and a Contract for the sale of a certain Financial Instrument on behalf of the same beneficial owner may NOT be given under this Agreement. A dealing instruction or Order given by you to us shall not take effect until it is actually received by us.
Right not to accept Instructions/Orders: We may (but shall not in any circumstances be obliged to) accept instructions to enter into a Transaction and/or Contract. We may at our absolute discretion refuse to accept any dealing instruction given by you or on your behalf, in whole or in part, and refuse to act on it, without giving any reason or being liable for any loss occurred thereby. In addition, a dealing instruction which, for any reason, is not received by us in a manner in which it can be processed, including a failure of our Online Trading Facility to accept or process such instruction, shall be deemed not to have been received by us.
We reserve the right to refuse to enter into any Transaction and/or Contract. Such situations include but are not limited to, when: trades are placed outside of the market hours; trades are individually or in the aggregate larger than the maximum quantity or smaller than the minimum quantity we set for the market; your margin is insufficient to fund the proposed Transaction and/or Contract; our Price or the Transaction and/or Contract derives from a Manifest Error; we believe the Transaction and/or Contract would be in breach of this Agreement or any legal requirements.
Binding Effect: Confirmation of a dealing instruction by us shall constitute a binding agreement between us on the terms of such instruction. The procedure for entering dealing instructions is specified on our Online Trading Facility in the online trading section.
Cancellation/withdrawal of instructions: We can only cancel your instructions if we have not acted upon those instructions. Once an instruction has been given by you or on your behalf, it cannot be rescinded, withdrawn or amended without our express prior written consent.
Control of Orders prior to execution: We have the right (but no obligation) to set limits and/or parameters to control your ability to place Orders at our absolute discretion. Such limits and/or parameters may be amended, increased, decreased, removed or added to by us at our absolute discretion and may include (without limitation): (i) controls over maximum Order amounts and maximum Order sizes; (ii) controls over our total exposure to you; (iii) controls over prices at which Orders may be submitted (to include (without limitation) controls over Orders which are at a price which differs greatly from the Market Price at the time the Order is submitted); (iv) controls over our Electronic Services (to include (without limitation) any verification procedures to ensure that any particular Order has come from you); or (v) any other limits, parameters or controls which we may be required to implement in accordance with Applicable Laws, Rules and/or Regulations. The Company has the right to amend and/or cancel any Orders which have been executed within a very small timeframe and the cumulative sizes of those Orders exceed the maximum allowable Order size limit.
Order Execution Policy: We shall use our reasonable endeavors to execute any Order promptly, but in accepting your Orders we do not represent or warrant that it will be possible to execute such Order or that execution will be possible according to your instructions. In general, we shall act according to instructions as soon as practically possible and shall, as far as trading instructions are concerned, act in accordance with our Order Execution Policy. If, after instructions are received, we believe that it is not reasonably practicable to act upon such instructions within a reasonable time, we may defer acting upon those instructions until it is, in our reasonable opinion, practicable to do so, or we may notify you that we are refusing to act upon such instructions. We shall not be liable for any losses resulting from such deferral or refusal. If we encounter any material difficulty relevant to the proper carrying out of an Order on your behalf, we shall notify you promptly.
Crossing of Orders: We may arrange for a Transaction and/or Contract to be executed, either in whole or in part, by selling an investment to you from another client, or a client of an Affiliate of ours, or vice-versa. We shall not give you prior notice if we arrange for a Transaction and/or Contract to be executed in this manner.
Aggregation and Split of Orders: We are entitled, in our absolute discretion, to combine and/or aggregate your Orders with our own Orders and/or with Orders of any of our Associates and/or Persons connected with us, including employees and/or other clients. Furthermore, we may split your Orders when executing them. Orders will only be aggregated or split, however, if we reasonably believe it to be in your best interest. On some occasions, however, aggregation and split of your Order may result in you obtaining a less favorable price in relation to a particular Order.
Confirmation of instructions: We may (but shall not in any circumstances be obliged) to require confirmation of any instruction in such form as we may reasonably request if it appears to us that such confirmation is necessary or desirable; or such instruction is to close an Account or remit money due to you. It is your responsibility to inform us of any change to your e-mail address, the nonreceipt of a confirmation, or whether any confirmations are incorrect, before settlement.
Performance and Settlement: You will promptly deliver any instructions, money, documents or property, which we may require from you or which is deliverable by you under a Transaction and/or Contract in accordance with that Transaction and/or Contract, as modified by any instructions given by us, for the purpose of enabling us to perform our obligations under the relevant matching Transaction and/or Contract on a Market or with an intermediate broker. If you do not provide us with such instructions promptly, we may, at our absolute discretion, take such steps at your cost, as we consider appropriate for our own protection or for your protection. This provision is similarly applicable in situations when we are unable to obtain contact with you.
Intermediate Brokers and other Agents: We may, at our entire discretion, arrange for any Transaction to be effected with or through the agency of an intermediate broker, who may be an Associate of ours. Neither we, nor our respective directors, officers, employees or agents, will be liable to you for any act or omission of such an intermediate broker or agent. No responsibility will be accepted for intermediate brokers or agents selected by you.
Position Limits: We may, in our absolute discretion, require you to limit the number of open positions which you may have with us at any time and/or only allow you to enter into closing transactions or we may close out any one or more positions or reverse Transactions and/or Contracts in order to ensure that the position limits we have imposed are maintained.
Fluctuations in Exchange Rates: If you enter into any Transaction and/or Contract, any profit or loss arising as a result of a fluctuation in the exchange rate affecting such Transaction and/or Contract will be entirely for your account and risk.
Trade Reporting: Under Applicable Laws, Rules and/or Regulations we may be obliged to make information about certain Transactions and/or Contracts public. You agree and acknowledge that any and all proprietary rights in such Transaction and/or Contract information are owned by us and you waive any duty of confidentiality attaching to the information which we reasonably disclose.
Rollover (Instructions): If we do not receive instructions from you to settle any open Transactions and/or Contracts by the close of the Business Day, we are hereby authorized (but not obliged) to transfer all said Contracts to the next business date traded ("Rollover"), as provided in further detail hereinafter.
Settlement/Trade Confirmation: You acknowledge the electronic nature of our Services via our Online Trading Facility and the inherent risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside our control. Accordingly, any instruction sent by you or on your behalf via our Online Trading Facility or by e-mail shall only be deemed to have been received and shall only then constitute a valid instruction and/or binding Contract between you and us, when such instruction has been recorded as executed by us and confirmed by us to you through a Settlement/Trade Confirmation, and the mere transmission of an instruction by you or on your behalf shall not by itself constitute a binding Contract between you and us.
Communications via the Internet: Since we do not control signal power, its reception or routing via Internet or any other means of electronic communication, configuration of our clients' equipment or reliability of its connection, we shall not be liable for any claims, losses, damages, costs or expenses, including attorneys' fees, caused directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility belonging to us, nor for any loss, expense, cost or liability suffered or incurred by you as a result of instructions being given, or any other communications being made, via the Internet.
Mobile trading technology: There are a series of inherent risks with the use of their trading technology such as the duplication of Orders/instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Prices displayed on our mobile platform are solely an indication on the executable rates and may NOT reflect the actual executed price of the Order. Our mobile feature utilizes public communication network circuits for the transmission of messages. We shall not be liable for any and all circumstances in which you experience a delay in Price Quote or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between you and any internet service provider, phone service provider, or any other service provider.
Usernames and Passwords: You are obliged to keep your usernames and passwords ("Access Codes") secret and ensure that third parties do not obtain access to our Online Trading Facility. Without prejudice to any other provisions of this Agreement, you will be liable for all Transactions and/or Contracts executed by means of your Access Codes, even if such may be wrongful.
Pricing Data: Unless otherwise indicated or agreed upon any prices shown on our Online Trading Facility are indicative at the time shown based on data that is subject to constant change. The execution price is that which is confirmed to you on the Settlement/Trade Confirmation issued (whether on screen or otherwise) after your Order is executed, although this price may in certain cases differ from the price appearing on the screen at the time the Order was placed. In the event that an erroneous price is used as the basis of any transaction, we reserve the Right at our sole discretion, to amend or revoke the details of the Transaction(s) and/or Contract(s) in question.
Restrictions on Services Provided: There may be restrictions on the total value and/or number of Transactions and/or Contracts that you can enter into on any one day and also in terms of the total value and/or number of those Transactions and/or Contracts when using our Online Trading Facility.
Access Requirements: You will be responsible for providing the computer system(s) to enable you to access and/or use our Online Trading Facility and for making all appropriate arrangements with any telecommunications suppliers or, where access to our Online Trading Facility is provided through a third party server, any such third party, necessary in order to obtain access to our Online Trading Facility; neither we nor any company maintaining, operating, owning, licensing, or providing services to us in connection with, our Online Trading Facility (a "Third Party Service Provider") makes any representation as to the availability, utility, suitability or otherwise of any such equipment, software or arrangements.
Virus detection: You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time and for the implementation and regular use of up-to-date virus detection/scanning programs; in the event you become aware of a material defect, malfunction or virus in your computer system(s) or in our Online Trading Facility, you will immediately notify us of such defect, malfunction or virus and cease all use of our Online Trading Facility until you have received permission from us to resume.
Maintaining standards: When using our Online Trading Facility, you must: (a) ensure that your computer systems are maintained in good order and are suitable for use with our Online Trading Facility; (b) run such tests and provide such information to us as we shall reasonably consider necessary to establish that your computer systems satisfy the requirements notified by us to you from time to time; (c) carry out virus checks on a regular basis; (d) inform us immediately of any unauthorized access to our Online Trading Facility or any unauthorized Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which you have accessed our Online Trading Facility or let anyone else use such computer terminal until you have logged off from our Online Trading Facility.
Liability And Indemnity: Without prejudice to any other terms of this Agreement, relating to the limitation of liability and provision of indemnities, the following clauses shall apply to the Services we provide via our Online Trading Facility: (a) System errors: We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers; (b) Delays: Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to you via our Online Trading Facility; (c) Viruses from our Online Trading Facility: We shall have no liability to you (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into your computer system(s) via our Online Trading Facility or any software provided by us to you in order to enable you to use our Online Trading Facility, provided that we have taken reasonable steps to prevent any such introduction; (d) Viruses from your Computer System(s): You will ensure that no computer viruses, worms, software bombs or similar items are introduced into our Online Trading Facility, computer system(s) or network(s) and you will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
Unauthorized use: We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of our Online Trading Facility. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using our Online Trading Facility by using your designated Access Codes (usernames and/or passwords), whether or not you authorized such use.
Suspension or permanent withdrawal with notice: Without prejudice to any other provisions of this Agreement, we may suspend or permanently withdraw our Online Trading Facility, by giving you five (5) calendar days' written notice.
Immediate suspension or permanent withdrawal without notice: Without prejudice to any other provisions of this Agreement, we shall be entitled, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to access and/or use our Online Trading Facility, or any part thereof, without prior notice, where we consider it necessary or advisable to do so, for example due to: (a) your non-compliance with any Applicable Laws, Rules and/or Regulations (b) breach of any provisions of this Agreement; (c) on the occurrence of an Event of Default; (d) network problems; (e) failure of power supply; (f) maintenance; or (g) to protect you when there has been a breach of security.
Effects of permanent withdrawal: In the event of a termination of the access and/or use of our Online Trading Facility for any reason, upon our first request, you shall, at our option, return to us or destroy all hardware, Software, System Documentation and/or other documentation or files we have provided to you in connection with our Online Trading Facility, and any copies thereof.
ELECTRONIC TRADING METHODOLOGY: Upon receipt of a Price Quote from us via our Online Trading Facility, you may issue a Deal Request to us via our Online Trading Facility, applying the very most recent Price Quote sent to you. You acknowledge that you shall not be entitled to the execution of a Transaction and/or Contract and shall not be entitled to send a Deal Request to us via our Online Trading Facility, in response to a Price Quote, unless such Price Quote indicates that it is a Deal Able Quote.
Upon receipt of a Deal Request from you via our Online Trading Facility, we shall issue a Deal Response to you via our Online Trading Facility. The Deal Response will indicate whether your Deal Request was accepted or not.
Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that we shall not be under any obligation to provide a Deal Response to you to the extent that a Credit Limitation exists with respect to your Account. We acknowledge and agree to disclose any such Credit Limitations to you.
You acknowledge and agree that if and when you issue a Deal Request to us via our Online Trading Facility, you shall be bound to the terms of the Transaction and/or Contract upon our placement of the Deal Response. In case of failure to receive any Deal Response due to connectivity problems, you shall immediately contact us through other means of communication, to obtain confirmation of the executed Transaction and/or Contract. You acknowledge and agree that you are solely responsible for all Deal Requests submitted via our Online Trading Facility and that we are under no duty of inquiry regarding the capacity of any Person using any Access Codes (logins and password(s) issued to you and that any such Person will be deemed by us as having the authority to bind you with respect to all Deal Requests submitted to us via your Account on our Online Trading Facility.
We may receive your Instruction to Deal either electronically via our Electronic Trading Platform(s) or orally by telephone or by such other means as we may from time to time notify to you. Our quoting of a Buy or Sell price for each Instrument (whether by telephone, Electronic Trading Service, or otherwise) does not constitute an offer to execute your Transaction at those prices on your behalf. An Instruction to Deal will be initiated by you offering to Buy or Sell an Instrument in a specified quantity and with reference to a specific order type. Instructions to Deal form a commitment which may only subsequently be revoked by you with our prior consent (such consent will not be unreasonably withheld) at any time before the Instruction to Deal is executed. We will confirm to you whether we have accepted or rejected an Instruction to Deal. The acceptance of an Instruction to Deal will be evidenced by our confirmation of its terms to you.
If an Instruction to Deal is accepted, we will confirm to you whether a Transaction is partially or fully filled in the Underlying Market. We endeavor to execute all eligible Instructions to Deal as soon as reasonably practicable. However, there is no guarantee that your Instruction to Deal will be filled in full or in part in the Underlying Market. Where a delay occurs because we are unable to interact with the relevant Underlying Market for any reason, we will attempt to execute the Instruction to Deal as soon as reasonably practicable. You acknowledge and accept that the market price of any Instrument may have moved during the time between our receipt and acceptance of your Instruction to Deal and our attempt to execute it. In these circumstances, the third party who has provided the quotation to us is not obliged to honor the indicative price you have received and, if that is the case, we may reject your Instruction to Deal. The Company shall have no liability for such price movements which may be in your favor or against you.
You authorize us to act on any instruction given or appearing to be given by you through our Electronic Trading Platform or through your account. We are not obliged to act on any such instruction, or to execute any particular Instruction to Deal, and need not give any reasons for declining to do so. Instructions to Deal that you give form a commitment which may only subsequently be amended or revoked by you with our prior consent (such consent will not be unreasonably withheld) at any time before the Instruction to Deal is executed.
You acknowledge we have the right, unilaterally and with immediate effect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Online Trading Facility, or your access to any Online Trading Facility, to change the nature, composition or availability of any Online Trading Facility, or to change the limits we set on the trading you may conduct through any Online Trading Facility.
You agree that you will not use any automated software, algorithm, trading signals or trading strategy, other than those that we make available to you on our Electronic Trading Platform, without our prior written consent. In case of violation of this clause, we reserve the right to suspend or terminate your account with us with immediate effect. The Company reserves the right to take such measures also in cases where we identify excessive traffic and messages generated from your account.
Electronic Settlement/Trade Confirmations: Following the execution of a dealing instruction for your Account, we will confirm that Transaction and/or Contract as soon as we reasonably can by posting a trade confirmation ("Settlement/Trade Confirmation") on our Online Trading Facility, but failure to do so will not affect the validity of the transaction. Settlement/Trade Confirmations will normally be available instantly following the execution of the Transaction via our Online Trading Facility. Confirmations shall be deemed to be conclusive and binding on you if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the business day following the day on which the Settlement/Trade Confirmation is posted on our Online Trading Facility. In the event that you believe to have entered into a Transaction or Contract, which should have produced a Settlement/Trade Confirmation or otherwise a posting on your Account, but you have not received such confirmation, you must inform us immediately when you ought to have received such confirmation. In the absence of such information, the Transaction and/or Contract may, at our reasonable discretion, be deemed to be non-existent.
Reports of Account Activity: We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily and monthly reports of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available ("Account Information"). We may in our absolute discretion withdraw or amend any Account Information at any time.
Unless otherwise determined and stated "in the terms agreed upon by mutual consent of the Parties", you agree that we are under no obligation to provide confirmations in hard copy or by e-mail rather than through our Online Trading Facility. By accepting these Terms and Conditions you agree not to receive any Account Information in printed form other than upon specific request. You must verify the contents of all Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the Business Day following the day on such information is posted on our Online Trading Facility.
Consent to Receive Electronic Transmission of Trade Confirmations and Account Statements: You consent to receive all Account information and Settlement/Trade Confirmations via the Internet and that Orders or instructions given to you via e-mail or other electronic means will constitute evidence of the Orders or instructions given. You will be able to access all your Account information via our Online Trading Facility using your own Access Codes. You will have access via our Online Trading Facility to customizable statements that will allow you the ability to view, individual Transactions and/or Contracts, daily, weekly, and monthly reports and trade information. The updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after activity is generated in your Account.
The posting of these activities will be deemed delivery of Settlement/Trade Confirmation and Account activity statements. The information will include Settlement/Trade Confirmations with ticket numbers, buy and sale rates, transaction amount, statements of profit and loss, current open positions as well as pending Orders.
If you no longer wish to communicate via electronic media, you must notify us and revoke this consent in writing. If you do not wish to communicate via electronic media at all, you must inform us of your wishes when applying to open an Account with us. However, if you revoke your consent, your access to our Online Trading Facility may be restricted or terminated, at our sole discretion.
As previously indicated, any such communications being made via electronic media shall be treated as satisfying any legal requirement that a communication should be signed and 'in writing', to the extent permitted by Applicable Laws, Rules and/or Regulations. Furthermore, you hereby waive any rights or requirements under any Applicable Laws, Rules and/or Regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of nonelectronic records, to the extent permitted under applicable mandatory law.
Your telephone conversations, Electronic Messaging, e-mails, internet conversations (chat), meetings and other communications with us may be recorded/maintained by us. Any recordings shall be and shall remain our sole property and will be accepted by you as conclusive evidence of their content as recorded by us. You agree that we may deliver copies of transcripts of such recordings to any court, regulatory or government authority, including without limitation, in disputes which may arise between you and us.
However, technical reasons may prevent us from recording a conversation, and recordings or transcripts made by us will be destroyed in accordance with our normal practice. Consequently, you should not rely on such recordings to be available.
Rollover is the process of extending the settlement date of an open position (i.e. date by which an executed trade must be settled). The forex market allows two business days for settling all spot trades, which implies the physical delivery of currencies. In margin trading, however, there is no physical delivery, so all open positions must be closed daily at end-of-day (22:00 GMT) and re-opened on the following trading day. This pushes out the settlement by one more trading day. This strategy is called rollover.
Rollover is agreed on through a swap contract which comes at a cost or at a gain for traders. We do not close and re-open positions but will charge you a fee in respect of each such position and debit/credit your trading Account(s) for positions held open overnight, depending on the current short-term interbank rate (with added mark-up) ("Rollover Fee"). As 2:00 GMT is considered to be the beginning and the end of a forex trading day, any positions which are still open at 22:00 GMT sharp are subject to rollover and will be held overnight. Positions opened at 22:01 are not subject to rollover until the next day, but if you open a position at 21:59, a rollover will take place at 22:00 GMT. For each position open at 22:00 a credit or debit appears on your account within 1 hour and will be directly applied to your equity account.
The Rollover Fees that we charge will be published on our Online Trading Facility. We shall attempt to collect such Rollover Fees from the free balance in your Account with us. In the event that we are unable to collect such Rollover Fee(s) from the free balance in your Account with us, we reserve the right to close part, or all, of your open positions as per our Order Execution Policy. You shall be liable for promptly paying all Rollover Fees(s), even if all Margin previously deposited by you has been lost.
In the absence of clear and timely instructions from you, we are authorized, at our absolute discretion, to offset all or any portion of the positions in your Account(s) or to make or receive delivery on your behalf upon such terms and by such methods deemed reasonable by us.
In the case where an Instrument becomes subject to a corporate event as set out below, the Company will carry out the appropriate actions to adjust your trading account for the effect of the event on your position, preserving the economic equivalent of the rights and obligations attached to your Transaction and/or Contract with the Company, on the ex-date of the event (i.e., the day the affected Instrument's price will incorporate the effect of the event). Subject to this sub-clause, the Company shall take the following actions: Adjust the size and/or value and/or number of Orders as deemed appropriate, with the aim to preserve, to the greatest extent possible, the economic equivalent of your open positions; Endeavour to communicate the upcoming events and actions through any durable medium, including but not limited to the Company's website; Where you have a Pending Order or a Stop Loss and/or a Take Profit attached to your Orders, the Company aims to preserve, to the greatest extent possible, the equivalent of the rights and obligations of your Transaction and/or Contract immediately prior to the corporate event taking place.
Different actions may be followed by the Company in case you owned the underlying Instrument; however, the Company will endeavor to preserve economic equivalence to the greatest extent possible.
Corporate events shall include the following: Distribution, by the issuer to the shareholders of the underlying Instrument, of additional shares, other share capital, warrants or rights granting dividends that result in a dilutive effect on the market value; Stock splits and reverse stock splits that result in a change in the number of shares owned and the share price; Dividends; in case where an underlying Instrument is granting dividends (equity index or stock), a cash adjustment will be made, equivalent to that paid to clients with an open position in the underlying Instrument; Rights issues; Mergers and acquisitions.
The settlement date cannot be changed once you offer to enter into a Transaction. The majority of the Shares are settled on a T+2 or T+3 basis, meaning that the Transaction settles with the Underlying Market two (2) or three (3) business days after it is executed from our side. Shares dealt on any settlement date greater than T+3 may obtain a worse price than those dealt on a T+3 settlement.
We are not responsible for any delay in the settlement of a Transaction resulting from circumstances beyond our control, or the failure of any other person or party (including you) to perform all necessary steps to enable completion on the settlement date. Our obligation is only to pass on to you, or to credit to your account, such deliverable documents or sale proceeds (as the case may be) as we actually receive.
We may refuse to allow a withdrawal on your account that you have with us if it would leave insufficient funds in the account to pay for any unsettled Transactions. Where you make payment into your account and then make a withdrawal shortly afterwards, we reserve the right to delay settlement for up to eight (8) business days to ensure your payment has cleared.
If you Sell an Instrument, the consideration for the Transaction less Commission and all applicable charges and taxes for that Transaction will be available on your account for re-investment prior to settlement and your account will reflect this. However, you will be unable to withdraw this sum from your account until the Transaction has settled. Should the transaction fail to settle, we may reverse the Transaction, return any Commission and all applicable charges and taxes for that Transaction and cancel the credit of any cash to your account and amend your account to reflect the same.
If you Buy an Instrument, the consideration for the Transaction and all applicable Commission, charges and taxes for that Transaction will be deducted from your account, the Instrument will be available for sale on your account prior to settlement of the Transaction and your account will reflect this. However, you will be unable to transfer this Instrument out of your account into your own name until the Transaction has settled.
You may only give an instruction to transfer Instruments to us which you own or that are held in custody by a third party on your behalf by sending us a completed transfer form. All relevant duties, stamp taxes and transfer taxes will be to your account. Any income, tax credit received by us on your behalf will be passed on to you. We shall not be responsible for the calculation or the payment of any taxes arising from income or capital gains paid to you.
In relation to Transactions and/or Contracts that require the posting of Margin, before entering into any Transaction and/or Contract or at any time thereafter, we may require you to deposit with us such cash or other assets acceptable to us as Margin. Any Margin deposited with us may be co-mingled with funds of other clients, except in case where we are required to hold client Margin separately under Applicable Laws, Rules and/or Regulations. You acknowledge that you have no proprietary right to and that you will have no claim on any specific asset held by us as Margin.
We shall at all times be entitled to set-off, apply, and/or deduct from any funds due and/or payable to you, and/or deposited by you with us (including, without limitation, any Margin deposited by you with us), for any purpose, as against any and all amounts owed by you to us (including, without limitation, any amounts due and/or payable to us under and/or in connection with this Agreement).
You agree to pay interest on any amounts owed by you to us, from the date such amounts became due until the date of payment, at such rates as may be set and notified to you by us in writing from time to time and in that connection you will not dispute that you owe us the amounts set out in any notice of amounts owing to us.
All payments to us must be made in freely available, immediately cleared funds, in the currency specified by us, free and clear of, and without any deduction or withholding for, any tax, charge, levy, impost or other duty (each, a "Withholding Tax"). If you are compelled by law to make any Withholding Tax deduction, you shall, at the same time as making the payment to which the Withholding Tax relates, make payment of such additional amounts as will ensure that we receive the full amount we would have received had no Withholding Tax deduction been required.
We operate a strict Margin Call Policy with automated monitoring. When your Margin Level falls to 50% of the required Margin, you will receive a Margin Call notification. At this point, you will not be able to open new positions and must either deposit additional funds or close existing positions.
Stop-Out Level: If your Margin Level reaches 20% (or such other level as may be specified by us on our Online Trading Facility), we will automatically begin closing your open positions, starting with the least profitable position, until your Margin Level is restored above the Stop-Out Level. You are solely responsible for monitoring your Account and maintaining sufficient Margin at all times.
We do not guarantee to issue Margin Calls or to contact you before closing out positions. It is your responsibility to monitor your Account and ensure you have sufficient Margin deposited. We shall not be responsible for any losses incurred as a result of positions being closed under our Stop-Out Policy.
You hereby grant to us a continuing security interest in, a general lien over and a right to set off against all of your assets and property held by or on behalf of us and you hereby authorize us to, at any time and without further notice to you, apply and/or set off all or any part of such assets and/or property against any amounts due and/or payable by you to us, whether or not in the same currency.
We shall have the right to decline to comply with any instructions you give us in relation to your Collateral pending resolution of any dispute with you, in connection with which we are claiming that monies are due from you.
All assets and property held by or on behalf of us for your Account shall be subject to a general lien, security interest and right of set-off in our favor for the discharge of all your obligations to us under this Agreement and/or any other agreement between you and us.
When you enter into a Transaction, you will pay us a commission that is calculated as a percentage of the value of the Transaction or as an amount per Instrument or Instruments or on any other basis agreed between you and us in writing (the "Commission"). In addition to Commission, other applicable charges and taxes may exist in relation to Buying, Selling or holding an Instrument using our service depending on the Underlying Market and the Instrument being bought, sold or held. Additional charges may also be incurred by you in the case of delayed or failed settlement of a Transaction. Any such amounts will be your responsibility and where appropriate will be deducted from your account.
You accept and agree that minimum charges per Transaction apply depending on the Exchange and the Instrument. You also acknowledge and agree that charges, including the minimum charges, are those displayed on the website and may be updated from time to time.
We may charge you for the provision by us to you of market data or any other account feature or such other charges as we reasonably advise you from time to time. You must pay, or reimburse, us for any charges or taxes applicable, now or in the future, to your Instructions to Deal or Transactions and any taxes applicable, now or in the future, on any Commission or charges payable by you pursuant to this Agreement.
Unless we agree otherwise, all sums payable by you are due immediately and must be paid on entering into the Transaction.
If you Buy an Instrument, the consideration for the Transaction and, in addition, commission payable and all applicable charges and taxes to that Transaction will be your responsibility and will be deducted from your account and held by us as pending settlement.
If you Sell an Instrument, the consideration for the Transaction less commission and all applicable charges and taxes to that Transaction will be available on your account for re-investment but will be unable to be withdrawn from your account until the Transaction has settled.
You may have one or more accounts with us, each identified by a separate account number. All accounts held by you with us shall be subject to the terms of this Agreement and, unless we agree otherwise in writing, we shall be entitled to treat all such accounts as one account for all purposes, including, without limitation, for the purposes of set-off and netting.
We shall have the right, without prior notice to you, to combine and consolidate all or any of your accounts, and to set off the balances in your accounts against any obligations owed to us by you.
You hereby authorize us to transfer funds between any accounts you hold with us at any time, to the extent necessary to satisfy your obligations to us under or in connection with this Agreement.
We will credit to your Account the net proceeds of any Transaction and/or Contract and debit from your Account the applicable fees and charges. We reserve the right to require you to maintain a minimum balance in your Account at all times.
The following practices, including but not limited to, are prohibited and deemed abusive: (a) scalping or arbitrage (exploiting price delays or errors); (b) the use of expert advisors, robots or automated systems that exploit system weaknesses; (c) trading against us by using another account held with a different broker; (d) high frequency trading that places an unusual burden on our servers; (e) coordinated trading by groups of clients designed to exploit bonuses or promotions; (f) wash trading or round-tripping.
We reserve the right, in our sole and absolute discretion, to restrict, cancel, terminate, refuse or reverse any transactions, profits, bonuses or promotions, and/or to close your Account, immediately upon detecting any prohibited or abusive trading behavior, without prior notice.
You expressly agree and acknowledge that use of any software, programming or other means to manipulate the price of Transactions is strictly prohibited.
You acknowledge that we may be required to comply with the Foreign Account Tax Compliance Act ("FATCA"), the Common Reporting Standard ("CRS") and any other applicable regulations relating to automatic exchange of information between tax authorities.
You agree to promptly provide us with any information, documents, certifications, representations or other materials required by us to comply with our obligations under FATCA, CRS and any similar applicable laws, regulations or agreements.
You represent and warrant that any information provided by you to us for FATCA, CRS or other regulatory purposes is true, accurate and complete, and that you will promptly inform us if any such information changes.
We reserve the right to withhold taxes, make deductions or take any other action required by applicable law in connection with FATCA, CRS or any similar regulatory requirements.
We are committed to protecting your privacy and the security of your personal information. By opening an Account with us and using our Online Trading Facility, you consent to our collection, use, processing and storage of your personal data in accordance with our Privacy Policy, which is incorporated herein by reference and available on our Online Trading Facility.
We may collect personal data including your name, address, date of birth, contact information, financial information, and trading data. This data is used to provide you with our Services, comply with legal and regulatory obligations, and improve our Online Trading Facility.
We may disclose your personal data to third parties, including regulatory authorities, law enforcement agencies, and service providers acting on our behalf, where required by law or necessary for the provision of our Services.
If you have a complaint about our services, please contact our customer support team at legal@bismarkets.com. We are committed to handling all complaints fairly and efficiently.
Upon receipt of a complaint, we will acknowledge receipt within five (5) Business Days and conduct a thorough investigation. We aim to resolve all complaints within fifteen (15) Business Days of receipt.
If you are not satisfied with our resolution of your complaint, you may escalate the matter to the relevant regulatory authority. All complaints are recorded and maintained in accordance with our regulatory obligations.
To the fullest extent permitted by applicable law, we shall not be liable to you for any direct, indirect, consequential, incidental, special or exemplary losses or damages arising out of or in connection with this Agreement or your use of our Online Trading Facility, including but not limited to loss of profits, loss of business, loss of data or any other financial loss.
You hereby agree to indemnify us, our officers, directors, employees, agents, affiliates and successors and hold us harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising from: (a) your breach of this Agreement; (b) your use of our Online Trading Facility; (c) your violation of any applicable law or regulation; (d) your infringement of any third party rights; or (e) any Transactions and/or Contracts entered into by you.
Our maximum aggregate liability to you under this Agreement shall not exceed the total amount of fees paid by you to us in the three (3) months immediately preceding the date on which the relevant claim arose.
Nothing in this Agreement shall limit or exclude any liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by applicable law.
Either party may terminate this Agreement by giving thirty (30) calendar days' written notice to the other party. Notwithstanding the foregoing, we may terminate this Agreement immediately and without prior notice upon the occurrence of an Event of Default.
Upon termination of this Agreement, all open Transactions and/or Contracts shall be closed or liquidated at the then-current Market Price, and any amounts owing between the parties shall be settled. Following termination, we will return any remaining balance in your Account to you, after deducting any amounts owed to us.
Events of Default include, but are not limited to: (a) your failure to pay any amounts due; (b) your breach of any material term of this Agreement; (c) your insolvency or bankruptcy; (d) your death or incapacity; (e) regulatory or legal proceedings commenced against you; (f) your violation of any applicable laws or regulations.
Following any termination, you remain liable for all obligations incurred prior to the termination date, and we retain our rights of set-off and lien as described in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Saint Lucia, without giving effect to any choice or conflict of law provision or rule. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Saint Lucia.
All notices under this Agreement shall be given in writing (including by e-mail) and shall be deemed duly given when delivered to the addresses specified in this Agreement or as otherwise notified in writing.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. No waiver shall be deemed a continuing waiver or a waiver of any other provision.
If any provision of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
Force Majeure: We shall not be liable for any failure or delay in the performance of our obligations under this Agreement if such failure or delay is caused by any event or circumstance beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, market disruptions, or failures of telecommunications or other infrastructure.
You may deposit funds into your Account using such payment methods as we may accept from time to time. All deposits must be made from accounts or cards held in your name. We reserve the right to refuse any deposit at our sole discretion.
Withdrawal requests will be processed to the same payment method used to make the original deposit, where possible. All withdrawal requests are subject to our verification and compliance procedures.
We reserve the right to delay or refuse any withdrawal request if: (a) you have open positions that require Margin; (b) there is an ongoing investigation into your Account; (c) we have reason to believe the withdrawal may be linked to suspicious activity; or (d) you have outstanding obligations to us.
All withdrawals are subject to applicable fees and charges as published on our Online Trading Facility. Processing times may vary depending on the payment method selected.
We hold client money in segregated accounts, separate from our own funds, in accordance with applicable regulations. However, you acknowledge that client money held in the same omnibus account as other clients' money may not be separately identified.
In the event of our insolvency, client money held in segregated accounts may be subject to claims by our creditors. You may not receive all of your money back if we become insolvent.
We may use client money held for you as Margin for Transactions in accordance with applicable regulations. Any such use is subject to our obligations to repay such money upon your request.
An Account will be considered dormant if there has been no trading activity for a period of twelve (12) consecutive months. Dormant accounts may be subject to inactivity fees as published on our Online Trading Facility.
We reserve the right to close any dormant Account after providing you with at least thirty (30) days' prior written notice. Any remaining balance in a closed dormant Account will be returned to you at the address on record.
We maintain records of all Accounts and Transactions in accordance with our record retention policies and applicable regulatory requirements. Such records will be retained for a minimum period as required by law.
We may offer Islamic (swap-free) accounts to clients who observe Islamic law (Sharia law), which prohibits the payment or receipt of interest. Islamic accounts are operated without overnight rollover charges or credits.
To qualify for an Islamic account, you must confirm that you require the account for religious reasons. We reserve the right to verify the legitimacy of any Islamic account request and to convert an Islamic account to a standard account if we determine that the account is being used to exploit the swap-free feature.
Islamic accounts may have different spreads or other charges compared to standard accounts, as specified on our Online Trading Facility. We reserve the right to apply administration charges in lieu of swap charges where applicable.
You acknowledge that we act as principal and market maker in all Transactions and/or Contracts entered into via our Online Trading Facility. As a market maker, we may take the opposite side of your Transactions and/or Contracts and may have interests that conflict with yours.
As a market maker, we set our own bid and ask prices, which may differ from prices available in the interbank market or from prices offered by other brokers or dealers. Our prices may not reflect the best available price in the market.
We may profit from Transactions and/or Contracts entered into with you, including from the spread between bid and ask prices, overnight financing charges, and other fees and charges. This is a fundamental aspect of our business model as a market maker.
As a market maker, we have an inherent conflict of interest in that we profit from Transactions and/or Contracts that you enter into. We have a Conflicts of Interest Policy that sets out how we identify, manage and, where appropriate, disclose conflicts of interest.
You acknowledge that we may, in connection with the provision of Services to you, have interests that conflict with your interests. We manage such conflicts through our Conflicts of Interest Policy, which is available on our Online Trading Facility.
By accepting this Agreement, you acknowledge and consent to our acting as principal, market maker, and counterparty in Transactions and/or Contracts with you, notwithstanding any actual or potential conflict of interest.
If you have authorized a third party (an "Authorized Manager") to manage your Account on your behalf, you are solely responsible for verifying the credentials, qualifications and reliability of such Authorized Manager.
We shall have no liability for any losses incurred in your Account as a result of the actions or omissions of any Authorized Manager. You remain solely responsible for all Transactions and/or Contracts entered into in your Account, whether or not authorized by you.
You may revoke any authorization granted to an Authorized Manager by providing us with written notice. Any revocation shall only be effective upon our actual receipt and processing of such notice.
By entering into this Agreement, you acknowledge and agree that: (a) you have read, understood and accept all terms and conditions of this Agreement in their entirety; (b) you have received and read our Risk Disclosure Notice; (c) you understand the nature and risks of the Transactions and/or Contracts and the markets in which they are traded; (d) you are entering into this Agreement of your own free will and without any undue influence.
You acknowledge that we have not provided you with any investment, tax or legal advice in connection with this Agreement and that you have obtained or will obtain such advice from your own independent advisors.
You acknowledge that trading in financial instruments, including CFDs, involves significant risks and may not be suitable for all investors. Past performance of any financial instrument is not necessarily indicative of future results.
You hereby represent and warrant to us that: (a) you are entering into this Agreement and each Transaction and/or Contract as principal and not as agent for any other person; (b) you have full power and authority to enter into this Agreement and each Transaction and/or Contract; (c) you are not in breach of any applicable law by entering into this Agreement; (d) all information provided by you to us is true, accurate and complete.
You covenant to promptly inform us of any material change in your circumstances, financial position, or any information previously provided to us.
You represent and warrant that you are not engaging in any money laundering, terrorist financing, or other illegal activity, and that all funds deposited with us are from legitimate sources.
We may disclose information about you, your Account, and your Transactions and/or Contracts to our affiliates, service providers, regulators, and other third parties as required by applicable law or as necessary for the provision of our Services.
You consent to the sharing of your information with our affiliates and service providers for the purposes of providing Services to you, subject to appropriate data protection measures.
We will not disclose your personal information to unaffiliated third parties for their marketing purposes without your prior consent, except as required by law.
You are solely responsible for understanding and complying with your tax obligations in connection with Transactions and/or Contracts entered into via our Online Trading Facility. We do not provide tax advice and are not responsible for any tax liabilities arising from your trading activities.
We may be required to report information about your Account and Transactions to tax authorities in accordance with applicable law, including FATCA, CRS and any similar regulations.
You agree to provide us with any information or documentation required for us to comply with applicable tax reporting and withholding obligations.
All intellectual property rights in our Online Trading Facility, including but not limited to copyrights, trademarks, trade names, logos, software, databases and trade secrets, are and shall remain the exclusive property of ours or our licensors. Nothing in this Agreement shall transfer any intellectual property rights to you.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Online Trading Facility solely for the purposes described in this Agreement. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Online Trading Facility, except as permitted by us in writing.
Any feedback, suggestions or ideas that you provide to us regarding our Online Trading Facility may be used by us without any obligation to compensate you. By providing such feedback, suggestions or ideas, you assign to us all intellectual property rights in such materials.
If you have any questions about our Terms and Conditions, please contact us.
legal@bismarkets.com