1. WHO WE ARE
1.1 BANXSO PROPRIETARY LIMITED (HEREAFTER THE “COMPANY”), IS A SOUTH AFRI- CAN REGISTERED FINANCIAL SERVICES PROVIDER REGISTRATION NUMBER 2021/ 119980/07, HAVING ITS ADDRESS AT 1 HOOD AVE, ROSEBANK, JOHANNESBURG,
2196, SOUTH AFRICA, REGULATED BY THE SOUTH AFRICAN FINANCIAL SECTOR CONDUCT AUTHORITY (FSCA NO. 37699) THAT PROVIDES FINANCIAL SERVICES, AS THESE ARE DEFINED THROUGHOUT THIS AGREEMENT, TO YOU THE CLIENT (HERE- AFTER ALSO THE “CUSTOMER”, ”CLIENT”, “YOU”), THROUGH ITS ELECTRONIC SYS- TEM OVER THE INTERNET (HEREAFTER THE “TRADING PLATFORMS”).
1.2 This Agreement is entered by and between the Company and the Client (which may be a legal entity or a natural person) who has completed the Account Opening Application and has been accepted by the Company as a Client.
1.3 We reserve the right to change this Agreement at any time and notify you of any such change either via email or through the Company’s website. You agree to continue to be bound by any such amended Terms and that the Company has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Services offered by the Company following the posting of any changes to the Terms indicates your accep- tance of any such changes. Any changes to the Agreement will not apply to transac- tions performed prior to the date on which the changes become effective unless spe- cifically agreed otherwise. In case you disagree with the changes, you may terminate the Agreement in accordance with the Termination section.
2. COMMUNICATION WITH US
2.1 You may communicate with us using the communication details in the “Contact Us” section of our Website.
2.2 The language of communication shall be English and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavor to communicate with you in other languages. By accepting and agreeing to the Terms and Conditions of this Agreement, you accept the following terms and conditions.
2.3 The Company is free to use any idea, concept, know-how or technique or information contained in your communications for any purpose including, but not limited to, developing and marketing products. The Company monitors your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which the Company monitors your communications.
3. MEMBERSHIP ELIGIBILITY
3.1 Services are available and reserved only for individuals or legal entities that have established a legally binding contract under the laws applicable in their country of residence. Without limiting the below mentioned terms, our Services are not available to people aged under the age of 18 or who have not attained the legal age (“Minors”). To avoid any doubt, we disclaim any liability for unauthorized use by Minors of our Services in any manner or another.
3.2 Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illegal and the Company reserves the right to refuse and/or cancel access to its Services to anyone at its sole convenience.
3.3 For avoidance of doubt, the ability to access our website does not necessarily mean that our services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
4. DEFINITIONS – INTEPRETATION
4.1 “Account” means the personal trading account the Client maintains with the Company and designated with a particular account number.
4.2 “Account Opening Application” shall mean the application form/questionnaire completed by the Client in order to apply for the Company’s Services under this Agreement and a Client Account, via which form/questionnaire the Company will obtain, among other things, information for the Client’s identification and due diligence, his categorization and appropriateness or suitability (as applicable) in accordance with the Applicable Laws and Regulations.
4.3 “Access Codes”, “log In Information” means the username and password given by the Company to the Client for accessing the Company’s website.
4.4 “Agreement”, “Policy” means these Terms and Conditions for the Services offered by the Company.
4.5 “Applicable Regulations” means South African Financial Sector Conduct Authority regulations and any other applicable law.
4.6 “Balance” means the sum held on behalf of the Client on its Client Account within any period of time.
4.7 “Business Day” means a day which is not a Saturday, or a Sunday, or a public holiday in South Africa, or any other holiday to be announced by the Company on its website.
4.8 “Company’s Website” means the following website: www.banxso.com.
4.9 “Execution” means the execution of clients’ orders on the Company’s trading plat- form, where the Company acts as an Agent to Clients’ transactions.
4.10 “Financial Markets” means international financial markets in which the financial in- struments exchange rates are determined in multi-party trade.
4.11 “Financial Instruments” means any of the financial instruments offered by the Company.
4.12 “Liquidity Provider”: shall mean a third party company that underwrites or provides the financing for Transactions and makes a market for a given asset.
4.13 “MTF” means the Multilateral Trading Facility.
4.14 “Operating (Trading) Time of the Company” means period of time within a business week, where the trading terminal of the Company provides the opportunity of trading operations.
4.15 The Company reserves the right to alter this period of time as fit, upon notification to the Client.
4.16 “Order” means the request / instruction given by the Client to the Company to Open or Close a Trading Position in the Client’s Account
4.17 “Services” means the investment and ancillary services which will be provided by the Company to the clients and are governed by this Agreement as these are described in Paragraph 5 of this Agreement.
4.18 “Transaction” means any type of transaction subject to this Agreement, effected in the Client’s trading account(s) including but not limited to Deposit, Withdrawal, Open Trades, Closed Trades and any other transaction of any financial instrument.
4.19 In this Agreement, all the words that denote only the singular number will also com- prise the plural, wherever the aforementioned definitions apply and vice versa, and the words that denote natural persons will comprise legal persons and vice versa. Words denoting any gender include all the genders and whenever reference is made to the terms “Paragraphs”, “Sections” and “Appendices” it concerns paragraphs, sections and appendices of this Agreement.
4.20 The headings of the Sections are only used for facilitating the reference and they do not affect their interpretation. References to any law or regulation will be considered to comprise references to that law or regulation as this can be altered or replaced from time to time or, similarly, to be extended, re-enacted or amended.
5. PROVISION OF SERVICES
5.1 The following are the investment services which the Company is authorized to provide in accordance with its CIF authorization and which are governed by this Agreement (the “Services”):
- Reception and transmission of orders in relation to the Financial Instruments the Company is authorized to provide.
- Execution of orders on behalf of
5.2 In addition, the Company will provide you with the following ancillary services:
- Safekeeping and administration of financial instruments, including custodianship and related services.
- Foreign exchange services where these are connected to the provision of investment services.
5.3 It shall be clarified and noted that the Company deals on an execution-only basis and does not advise on the merits of particular Transactions, or their taxation consequences.
5.4 You assume all responsibility in relation to any investment strategy, transaction or in- vestment, tax costs, and for any consequences brought by from any transaction that you perform, and the Company shall not be held responsible nor you shall rely on the Company for the aforementioned.
5.5 Our Services allow you to enter into transactions with the Company for leveraged trad- ing of Contract for Difference (or “CFDs”), which give you an opportunity to get expo- sure to price movement of various underlying assets, such as securities, commodities, indices and other financial instruments (the “Underlying Assets”), without purchasing or gaining control in the Underlying Assets. CFDs are over-the-counter derivative instruments, which are not traded on any exchange and do not provide its holder with any rights to, or in, the Underlying Asset.
5.6 Each CFD is denominated in a certain base currency (“Base Currency”). The profit/loss of each CFD is determined by the changes in the Underlying Asset’s price movements against the Base Currency, between the opening and the closing of such CFD.
5.7 You can enter into a leveraged CFD transaction with us by placing an order on the Trading Platform (the “Order”). The Order shall state your “position” – “buy” (long) or “sell” (short), the size of the Transaction, the leverage rate, and the Rate (as defined below). By submitting an Order you represent that you have reviewed all the terms of the Order and verify they match your intention. You acknowledge that once an Order is submitted, it may not be cancelled by you. When we receive your Order we will provide you with an electronic acknowledgement of receipt but we will only be bound by an Order when the details of the Order are reported as executed on the Trading Platform.
5.8 We provide quotes for our Rates on a best-efforts basis. If a Market Disruption Event or an Event Outside of Our Control occurs, we may not be able to provide a quote for our Rate or execute Transactions during the Market Hours set out on our Website.
5.9 We may accept Orders by telephone. In the event you place an Order by telephone: (i) your oral instruction will constitute an Order to enter into a Transaction at the Rates we quote; (ii) Orders placed by telephone will only be accepted at the current Rate; (iii) you can place an Order by telephone only by talking directly to an authorized person. We will not accept an Order left with other employees, on an answering machine or on a voice mail facility; and (iv) an Order will only by valid when our authorized person confirms that the Order has been accepted. After we execute the Transaction we will update your Account accordingly.
5.10 You may place an electronic Order on the Trading Platform at any time or you may place a telephone Order with an authorized dealer during our Trading Hours, as set out on the Website. However, we will execute Transactions only during times which are both our Trading Hours and the Market Hours for the relevant Market. Market Hours are as stated in the Market Information on the Website, which may change from time to time.
5.11 By placing an Order, you represent that you have fully understood:
5.12 the risks involved in the Transactions (including, but not limited, to those detailed in our Risk Disclosure Policy);
5.13 that by entering into a Transaction you are not gaining any access or right to the Under- lying Assets; and
5.14 that all Transactions are entered into and closed in accordance with the rate as dis- played on the Website (the “Rate”), which we determine in our sole discretion. You acknowledge and agree that such Rate does not reflect any ‘market price’ or rates quoted by any third party. The Rate is determined by us in such a way as to include a certain margin between the “Buy” and “Sale” Rates, which constitutes our profit from each Transaction.
5.15 As soon as reasonably practicable after you placed an Order (which may be instantaneous and may take time, depending on the circumstances), we may make any required checks (including but not limited to internal risk procedures, AML/ KYC process and compliance functions) and subject to their satisfactory completion we shall accept your Order and execute it (the “Execution”). Until Execution, any Order by you shall be considered as pending and not completed, and shall not be binding on us in any way whatsoever. Upon the Execution the Transaction shall become binding on both you and us.
5.16 If we identify any error, including but not limited to, in the terms of an offer on the Website, we may refuse to accept your Order, and either close it or give you an offer to enter into a Transaction which reflects the correct terms.
5.17 You acknowledge that you may not cancel your Transactions. Once an Order is Executed (and becomes a Transaction), your only way to terminate the Order is by closing it at the closing Rate available at such time. The Company reserves the right to deny processing any Order, or cancel any pending Transaction for any reason whatsoever including, without limiting the generality of the foregoing, as follows: (i) if required to do so by law, regulation, competent court order, or other competent authority; (ii) the Company considers any such Order or Transaction as violating any provision of these Terms or applicable law or regulation; or (iii) any such Transaction places the Company’s operation, good name, or reputation at risk. In addition, the Company may take any additional actions available to it under these Terms or other applicable laws and regulations with respect to such Transaction.
The Liquidity Provider is the sole Execution Venue for the execution of Client Orders.
The Company acts as an agent on the Client’s behalf, and the sole Execution Venue for the execution of Client Orders is the Liquidity Provider.
We may allow open Transaction to be rolled in accordance with your instructions.
If we agree to roll over an open Transaction, then the original open Transaction is closed and becomes due for settlement at the Rate at the time the open Transaction is closed and a new Order will be entered into to establish a new open Transaction in the relevant Market. The times at which we will close open Transactions which are rolled over are stated in the Market Information on our Website.
5.19 Overnight Financing.
When trading CFDs, your open Transactions are subject to Overnight Financing at the end of each trading day. This Overnight Financing may be subject to credit or debit, calculated on the basis of the relevant interest rates for the currencies in which the underlying instrument is traded, plus a mark-up. The mark-up for currency pairs is indicated in the Market Information page set out on the Website, excluding exotic currency pairs, which may necessitate higher mark-up levels that may differ between buy (long) and sell (short) positions.
If the calculated Overnight Financing Percentage is positive, it means that an applicable amount will be added (credited) to your Account balance. A negative Overnight Financing Percentage means that an applicable amount will be subtracted (debited) from your Account balance.
You can find the relevant Overnight Financing percentage, amounts and their related running times on the Order form, under Tools, within the Market Information tab. To calculate the Overnight Financing, which your Account will be debited or credited with, simply multiply the Overnight Financing percentage with the size of your Order. The running time of the Overnight Financing process for each CFD is detailed in the Order form under “Overnight Financing (GMT)”. The calculated value and percentage of an instrument’s Overnight Financing applies for one (1) day. CFDs that are traded five (5) days a week will be credited or debited with a value 3 times the displayed value during the last day of its underlying asset trading week, as it covers the entire weekend period.
5.20 Margin Amount.
Before you place an Order which creates an open Transaction you must ensure that your Account balance is sufficient to cover the required amount of funds in respect of that open Transaction (the “Margin Amount”). If your Account balance is less than the Margin Amount required for the open Transaction you wish to create, we may (and will, where and to the extent this is required by applicable laws and regulations) reject your Transaction. The Margin Amount must be maintained at all times until the open Transaction is closed and may increase or decrease at any time until the open Trans- action is closed.
The applicable Margin Amount for an open Transaction may vary depending on the Underlying Asset and your Account categorization. You will find details of the applicable Margin Amount on our Website.
Non-standard Margin Amounts may apply: (i) for certain Markets derived from options or options-related financial instruments; (ii) when you are holding positions in two or more Markets in the same Underlying Assets; and (iii) when the quantity of a Transaction is greater than our maximum quantity. The details of how we calculate non-standard Margin Amounts are set out on our Website.
We reserve the right to change the way in which we calculate Margin Amounts at any time.
We may notify you of an alteration to the Margin Amount by any of the following means: regular mail, telephone, fax, email, text message or by posting notice of the increase on our Website.
5.21 Closing Margin Requirement.
If the Total Margin for your Account reaches or falls below the Closing Margin Requirement, this will be classified as a Termination Event under Section 20.1. In such circumstances we may (and will, where and to the extent this is required by applicable laws and regulations) close all or any of your open Transactions immediately with or without notice. In addition, we may, among other things, refuse to execute new Transactions until your Total Margin exceeds the Closing Margin Requirement. It is your responsibility to monitor your Account at all times and to maintain your Total Margin above the Closing Margin Requirement. We will close your open Transactions at the Rate prevail- ing at the time when your open Transactions are closed.
We may, but are not obliged, to contact you before we take any action under this section.
You will be notified of the Closing Margin Requirement applicable to your Account on our Website. We may alter the Closing Margin Requirement applicable to your Account at any time, including where this is required to comply with applicable laws and regulations.
We will be entitled to notify you of an alteration to your Closing Margin Requirement by any of the following means: regular mail, telephone, fax, email, text message or by posting notice of the alteration on our Website.
The Closing Margin Requirement is designed to help limit the extent of your trading losses. There might be circumstances (e.g. suspended markets) in which we will be unable to close out open Transactions and we do not guarantee that your open Transactions will be closed when the Total Margin for your Account reaches the Closing Margin Requirement or, save to the extent required by applicable laws and regulations, that your losses will be limited to the amount of funds you have transferred into your Account. In such circumstances we will monitor your open Transactions and take such other actions as we consider to be reasonable.
6. ACCOUNT OPENING INFORMATION AND REQUIREMENTS
6.1 When you register for the aforementioned Services, the Company will ask you to pro- vide certain identifying information, as part of the account opening procedure that will allow us to identify you and categorize you according to the “Client Classification Policy” of the Company (“Account Opening Application”).
6.4 By registering with the Company, you confirm and agree that you consent to the use of all or part of the information you supply concerning your trading account, the transactions you undertake through it and the interactions which you perform with the Company, on behalf of the Company. All interactions you undertake with the Company will be stored by the Company for the purposes of record keeping, as required by applicable law and may be employed by the Company in cases that disputes arise between you and the Company or on request of any competent authority.
7. KNOW YOUR CUSTOMER – KYC
7.1 Know your customer policies have become increasingly important worldwide lately, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud and terrorist activity.
7.2 The Company will request sensitive personal information in its capacity to combat any fraudulent activity.
7.3 The Company holds a zero-tolerance fraud policy and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be forfeited. Full refund of the original deposit will be made after the fraudulent activity is confirmed and any losses/profits will be adjusted accordingly. After full refund is made client’s account will be closed definitively.
7.4 The Company aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires us to be provided with certain data from you, including your preferred deposit method.
7.5 In order to use our Services and initiate any Transaction, you must open an Account through our Website and undergo our registration process, including without limitation, our Know-Your-Client process (‘KYC’), which may include, without limitation, your name, identification number, birthdate, e-mail address, postal address, telephone number, as applicable (‘Registration Details’). You will use your Log-In to access your Account and Registration Details, as well as to access any other information that may be posted to your Account from time to time, such as transactional activity once you have been approved to use our Services.
7.6 During this verification process, we may require and request certain documents from you, which may include, without limitation, proof of address, such as a copy of recent utility bill in your name and address (such as Water, electricity, gas or telephone), and a copy of a government issued identity document (each of the following documents should be valid for the next 6 months at least).
7.7 You understand and accept that we shall be under no obligation to accept any documents as valid. In addition to documentation, we may also choose to verify your identity through a video and/or audio call conference.
7.8 We may request you to provide additional KYC information and/or documentation, in our sole discretion. Such requests may be made at any time during our business relationship with you, and we may suspend or restrict you from using any or all of the Services until your provision of required information and/or documentation, to our full satisfaction.
7.9 Along with the KYC process, we have implemented certain anti-money laundering and counter-terrorism financing policies (the ‘AML policy’). Money laundering means the disguising of the source of proceeds derived from criminal activity so that it appears as though such proceeds came from legitimate sources of income. In order to prevent any criminals from laundering or attempting to launder criminal proceeds through our Website or Services, the Company has set forth the AML policy, available at the Web- site. The AML policy comprises of procedures that will help us identify and mitigate the risks of financial crimes, including money laundering and financing of terrorism.
7.10 You acknowledge that in order to conduct such verification process and/or background checks, in accordance with our KYC procedure and AML policy, we may perform inquiries, directly or indirectly through third party service providers to prevent fraud, suspicious activity, misidentification, money laundering or any other prohibited activity. You agree and consent to the Company’s transfer of your information as required for its legitimate business purposes, including but not limited to for the completion of any KYC or AML processes. The Company will retain your relevant KYC/AML information for the period necessary to perform the KYC/AML reviews, and as required to comply with the Company’s legal obligations.
7.11 We reserve the right to take any action we deem necessary with respect to the out- come of our KYC/AML processes. In the event that you fail our reviews for any reason, you may be prevented from or limited in using our Services, or accessing the Website, and we may report any indications we may find, together with your personal information, to the competent authorities. You understand that the outcome of such KYC/AML reviews, including a decision not to approve you to use our Services or report to the authorities, is within the Company’s sole and absolute discretion, and we are under no obligation to provide feedback on the exact nature of our findings.
7.12 You warrant and represent that all Registration Details that you pro- vide to us are true, accurate and complete, and that you shall prompt- ly update your Registration Details upon any changes to this information. If you have any questions, please do not hesitate to contact our customer support.
7.13 When do I need to provide these documents?
We highly appreciate you taking the time to provide us with all the necessary documents, in order to avoid any delays in processing your transactions. We require the receipt of all the necessary documents prior to making any transactions to your benefit.
7.14 How can I send you these documents?
Please scan your documents, or take a high quality digital camera picture, save the images as jpegs, then send it to us via email to: [email protected]
7.15 How do I know my documents are safe with you?
8. ADVICE AND COMMENTARY
8.1 The Company will not advise the Client about the merits of a particular order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice. The Client alone will decide how to handle his Client Account and place Orders and take relevant decisions based on his own judgement.
8.2 The Company will not be under any duty to provide the Client with any legal, tax or other advice, relating to any Transactions. The Client may wish to seek independent advice before entering into a Transaction.
8.3 The Company may, from time to time and at its discretion, provide the Client (or in newsletters which it may post on its Website, or provide to subscribers via its Website or otherwise) with information, news, market commentary or other information but not as part of its Services to the Client. Where it does so: a) The Company will not be responsible for such information. b) The Company gives no representation, warranty or guarantee as to the accuracy, correctness or completeness of such information or as to the tax or legal consequences of any related Transaction. c) This information is provided solely to enable the Client to make his own investment decisions and does not amount to investment advice or unsolicited financial promotions to the Client.
8.4 The Company does not provide investment, financial, legal, tax or regulatory advice, nor does it provide any other form of recommendation. The Client understands that they shall make their own assessment of any transaction prior to entering into a trade, and shall not rely on any opinion, material or analysis provided by the Company or any of the Company’s affiliates, employees, or other related parties as being advice or recommendation. If the Client is unsure whether they should proceed with the Agreement, they may seek independent advice. The Company does not offer investment research, and any other material containing market analysis is considered marketing communication and should not be constructed as advice, recommendation or research.
9. GUARANTEES ON BEHALF OF THE CLIENT
9.1 You state, confirm and guarantee that any funds handed to the Company for trading purposes, belong exclusively to you and are free of any lien, charge, pledge or any other burden. Further, whatever funds handed over to the Company by you are not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity.
9.2 You act for yourself and not as a representative or a trustee of any third person, unless you have produced, to the satisfaction of the Company, a document and/ or powers of attorney enabling you to act as representative and/or trustee of any third person.
9.3 You agree and understand that in the event that the Company has such proofs that are adequate to indicate that certain amounts, as classified above, received by you are proceeds from illegal acts or products of any criminal activity and/or belonging to a third party, the Company reserves the right to refund these amounts to the send- er, either this being you or a beneficial owner of a legal entity. Furthermore, you also agree and understand that the Company may reverse any Transactions performed in your Trading Account and may terminate this agreement. The Company reserves the right to take any legal action against you to cover and indemnify itself upon such an event and may claim any damages caused to the Company by you as a result of such an event.
9.4 You declare that you are over 18 (eighteen) years old, in case of natural person, or that you have full legal capacity, in case of legal person, to enter into this Agreement.
9.5 You understand and accept that all transactions in relation to trade in any of the Financial Instruments, will be performed only through the Trading Platforms provided by the Company and the Financial Instruments are not transferable to any other Trading Platform whatsoever.
9.6 You guarantee the authenticity and validity of any document handed over by the Client to the Company. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction.
9.7 You understand that you are solely responsible for maintaining the confidentiality of your Log-In, Account and Registration Details, and the safeguarding of your information.
9.8 You are responsible for the security of your Account information on your own personal computer and internet access location. You understand that if your Log-In is ‘hacked’ from your computer or other device from which you access the Website, due to any viruses or malware, the Company shall have no liability and you shall maintain responsibility. You should report any possible hacks, hacking attempts or security breaches from your computer terminal, or other devices, immediately to the Company. You understand that any compromise of your Log-In, Registration Details, and/or other Account information may expose your personal and confidential information to unauthorized access by third parties, which may also result in loss or theft of your funds.
9.9 In the event you have any knowledge of any unauthorized access to your account you should notify us immediately at the contacts provided below, including all relevant details.
9.10 You hereby represent and warrant that your use of our Website and Services, including your opening of an Account and any use thereof, are all in compliance with all applicable laws and regulations. Any criminal activity or fraudulent acts committed by you or under your supervision and/or control through your use of the Website and/or our Services are absolutely forbidden. You affirm, warrant, and declare that you shall not perform or attempt to perform any such activity, including but not limited to, fraud, money laundering, illegal gambling operations, terrorist financing, or malicious hack- ing. You also agree not to hide or alter your IP location and you shall always disclose your accurate and true location.
10. PROHIBITED ACTIONS
By accessing the Platform, you agree not to use the platforms in an abusive way by lag trading and/or usage of server latency, price manipulation, and similar practices which fall under the definition of market abuse. Such practices may include, but not limited to the following:
- Take and/or engage in any action with the purpose of manipulating the Company’s quoted prices; b) Take and/or engage in any action with the purpose of manipulating the Company’s execution policy; c) Take and/or engage in any action with the purpose of manipulating the Company’s Trading Platform(s); d) Place orders on the basis of privileged confidential information (i.e. insider trading); e) Place orders on the basis of manipulated Prices as a result of system errors and/or system malfunctions; f) Engage in coordinated transactions by related parties in order to take advantage of systems errors and/or delays on systems updates;
- Engage in arbitrage trading, such as “Swap Arbitrage” “Latency Arbitrage” and/or “Bonus Arbitrage”; h) Engage in unusual transactions such as scalping and/or enter into positions for an arbitrarily short period of time and/or exhibit trading patterns involving what the Company considers to be sudden and significant changes in trading volume; i) Allow a third party, which has not be notified to the Company as an authorized person and who is not the Account holder, to trade on the Client’s account;
If any of the above-mentioned abusive trading techniques and/or other abusive trading techniques are identified within your trading account the Company reserves the right to: (i) cancel your trading orders; (ii) reclaim from the Client’s account any historic trading profits that have been gained through such abuse at any time; and/or (iii) terminate the account immediately according to the Company’s Terms and Conditions.
11. RESTRICTED JURISDICTIONS
11.1 You are not allowed to access or use the Services or the Website if you are located, incorporated or otherwise established in, or a citizen or resident of: (i) Cambodia, Can- ada, Cuba, Ghana, Iran, India, Israel, Mongolia, Nigeria, North Korea, Panama, Pakistan, Philippines, Syria, Yemen, the United States, and any other jurisdiction where the provision of our services would be unauthorized or in contrast of applicable laws;
(ii) any state, country or other jurisdiction that is embargoed by the United States of America; (iii) a jurisdiction where it would be illegal according to any applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services or the Website; or (iv) where the publication or availability of the Services or the Website is prohibited or contrary to local law or regulation, or could subject any member of the Company to any local registration or licensing requirements (together, the ’Restricted Jurisdictions’). The Company may, in its sole discretion, implement controls to restrict access to the Services or the Website in any of the Restricted Jurisdictions. If the Company determines that you are accessing the Services or the Website from any Restricted Jurisdiction, or you have given false representations as to your location of incorporation, establishment, citizenship or place of residence, the Company reserves the right to close any of your accounts immediately and liquidate any open positions in your Account.
12. COMPANY LIABILITY AND INDEMNITY
12.1 It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the Orders and/or from which transactions are carried out on behalf of you, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company.
12.2 The Company will not be held liable for any lost opportunities by you that have resulted in either losses or reduction (or increase) in the value of your Financial Instruments.
12.3 In case the Company incurs any claims, losses, damage, liability, or expenses that arise throughout the provision of the Services and all related operations that are per- formed as a mean for these Services to be performed to you as these are agreed in this Agreement, or in relation to the potential disposal of your Financial Instruments, you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore your responsibility to indemnify the Company for the aforementioned.
12.4 The Company shall not be held liable for any damage caused to you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained.
12.5 The Company shall not be held liable for the loss of Financial Instruments and funds of you in cases where your assets are kept by a third party such as a bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by you, of any change in the said information.
12.6 The Company makes every effort to ensure that the Banks and institutions to which your funds and/or Financial Instruments are deposited, are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.
12.7 Without prejudice to any other terms of this Agreement, the Company will not be liable for:
- Systems errors (Company’s or service providers)
- Unauthorized use
- For any act taken by or on the instruction of a Market, clearing house or regulatory body.
Refer to Risk Disclosure for more details in technical risks.
12.8 The Company shall not be liable to you for any partial or non-performance of its obligations hereunder by reason of any cause beyond reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supranational bodies or authorities, or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, Market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations.
12.9 You further acknowledge that you are responsible for reviewing the expiration dates for the CFDs, which are located on the Company’s official website.
12.10 Neither the Company, nor its directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where the Company has declined to enter into a proposed Transaction). In no circumstance, shall the Company bear liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise.
12.11 You shall pay to the Company such sums, as it may from time to time require in or towards satisfaction of any debit balance on any of your accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of your accounts, or any Transaction, or any matching Transaction on a Market, or with an intermediate broker, or as a result of any misrepresentation by you, or any violation by you of your obligations under this Agreement (including any Trans- action), or by the enforcement of the Company’s rights.
12.12 You agree to defend, indemnify and hold harmless the Company and its Representatives, immediately on demand from and against any claims, demands, liabilities, dam- ages, or costs (including attorneys’ fees, fines, or penalties) suffered, or which may be suffered by the Company and arising out of or related to: (i) any breach or alleged breach by you of the Terms; (ii) your use of the Website or Services or use by any other person accessing the Services using your user identification whether or not with your authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.
12.13 You acknowledge that you have not relied on, or been induced to enter into this Agreement by a representation, other than those expressly set out in this Agreement. The Company will not be liable to you for a representation that is not set out in this Agreement, and that is not fraudulent.
13. WITHDRAWAL AND DEPOSIT POLICY
13.1 HOW CAN I WITHDRAW FUNDS FROM MY ACCOUNT?
Avoid delays in receiving your funds by ensuring that all your documentation is correct, up to date, and confirmed, before you submit your withdrawal request. Every time you use a new payment method, you will need to verify it, but once you have done this, you will not need to verify that particular card in order to make a withdrawal again.
In case of Credit Card withdrawal request, for every Credit Card used for depositing, front and back copies must be submitted. In case of expired Credit Cards, new copies of front and back of the new card must be submitted as well.
13.2 THE STAGES OF VERIFICATION INCLUDE:
Proof of ID Photo identification, including passport, driver’s license, or any other form of government issued document.
- Proof of residence Confirm that you are resident in a country accepted by the company, with the following documents: bank or credit card statement, recent utility bill not older than 6 months (water, electricity, telephone bill or gas bill).
- Complete assessment of appropriateness One of the sections of the verification process, make sure that all your answers are correct and up to date.
- Verify your payment method – If you are using a credit card, please send a picture of both sides of your credit card, displaying the last four digits of your credit card, cardholder name and expiration If you are using a wire transfer, please send us a picture of the bank receipt for the transfer.
- Once your account is verified, ensure you are logged-in to your account before accessing the relevant section in the Company’s Fill in the required information including the amount you wish to withdraw, and send your withdrawal request.
Our aim is to process all withdrawal requests within (3) three working days.
13.3 WHAT PAYMENT METHODS CAN I USE FOR WITHDRAWING FUNDS?
Withdrawals can be made to your credit card, or/and through a wire transfer. For your security, the first time you use any new payment system, you will need to follow all the stages of our verification system, as outlined above. Any payments you request will not be made, until all documents are received. Please note that all withdrawals are processed back to the source of the deposit, once all deposits have been successfully refunded, an alternative payment method can be used.
CAN I WITHDRAW MY FUNDS ON A DIFFERENT CURRENCY?
Funds are transferred in the currency the account is registered on our website to the bank account provided, given that it is under the client’s name. In case the bank ac- count is in a different currency, the Company does not cover any conversion fees ap- plied by the banks.
13.4 WHY IS MY WITHDRAWAL DELAYED OR SUSPENDED?
The Company reserves the right to delay a withdrawal in case of suspicion of illegal activity or trading system abuse. The Company should not and cannot by law inform the client about investigations or any other legal enforcement action, which is imposed against the client, without the authority’s consent.
13.5 HOW LONG DOES IT TAKE TO GET MY MONEY?
We aim to process all withdrawal requests as quickly as possible, and to complete the transaction within three (3) business days, starting from the date your withdrawal request has been approved. In order to avoid delays, please ensure that all verification documentation is up to date, before you make your request. Please be advised that additional delays may occur that are outside our business scope, such as credit card refunds or wire transfer delays due to intermediary bank delays.
13.6 WHAT IS THE MINIMUM DEPOSIT AMOUNT?
If the verification of the customer/beneficial owner’s identity has been completed, the minimum amount of deposit the client is allowed to make is $100 or in equivalent currencies.
13.7 HOW CAN I DEPOSIT?
The Company accepts deposits through:
- bank accounts (or through other means that are linked to a bank account g. credit card), that is in the name of the customer with whom it establishes a business relationship.
13.8 DO YOU ACCEPT ANONYMOUS OR 3RD PARTY DEPOSITS?
It is our Company’s policy not to accept 3rd party or anonymous transaction of any kind.
13.9 HOW LONG DOES IT TAKE FOR A DEPOSIT TO BE ADDED?
The deposits are added to the client’s account in one (1) business day, from the day the funds are shown into the Company’s bank account. In case funds do not show in our accounts, the Back Office department will support the client in tracking the money with his bank.
13.10 WIRE TRANSFERS
Mistakes made by the Company during transfer of funds shall be refunded to the client. It is understood that should the client provide wrong instructions for a transfer, the Company may be unable to correct the mistake and the client may have to bear the loss. Additional charges may incur while wire transferring funds due to Intermediary Banks, which are outside our business scope and the Company does not cover such charge.
The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into the client account. The Company shall have the right to reject a deposit of the client, if the Company is not duly satisfied with the legality of the source of fund.
The Company reserves the right to decline a withdrawal request of the client asking for a specific transfer method, and the Company has the right to suggest an alternative method. The Company reserves the right to seek reimbursement from you, if we re- ceive a charge-back from any credit card issuer or with respect to any other payment method, for any reason. We may obtain such reimbursement by charging your Trading Account, deducting amounts from future payments owed to you, charging your credit card or obtaining reimbursement from you by other lawful means. All bank charges howsoever arising will be deducted from your Trading Account.
14. ORDER EXECUTION POLICY
This Order Execution Policy (the “Policy”) is available to both retail and professional clients upon request, and is also made available on our Website. The Policy serves to enable clients to make a properly informed decision about whether to utilize the ser- vices offered by the Company.
The Company solely executes orders in relation to one or more financial instruments as defined in those Terms.
14.2 EXECUTION POLICY
The Company satisfies the following conditions when carrying out client orders:
- ensures that orders executed on behalf of clients are promptly and accurate- ly recorded and allocated;
- carries out otherwise comparable client orders sequentially and promptly unless the characteristics of the order, or prevailing market conditions make this impracticable, or the interests of the client require otherwise;
- Informs a retail client about any material difficulty, relevant to the proper carrying out of orders, promptly upon becoming aware of the difficulty.
Dealing Room is the relevant department of the Company, to which the order execution policy mainly applies.
The Company proceeds with the establishment and maintenance of an Order Execution Policy, in order to ensure compliance with the obligation to execute orders, on terms most favorable to the clients, and to achieve the best possible results for its clients, taking into consideration its clients’ ability, needs and trading policies, where applicable and possible. The policy outlines the process that the Company follows when executing trades, and assure taking all reasonable steps to consistently obtain the best possible result for clients through its order execution policy. It is noted how- ever that when executing an order, following a specific client instruction, the Company executes the order in line with those instructions, and considers that it has discharged its best execution obligations.
Senior Management reviews the policy on an annual basis and/or whenever a material change occurs that impacts the Company’s ability to continue offer- ing best execution of its clients’ orders, using the Company’s trading platform.
The Company reserves the right to amend or supplement this Policy, at any time. In such case, the Company will inform all implicated parties such as clients, and regulated authorities, should any material change takes place.
14.2.2 EXECUTION FACTORS
In the absence of specific client instructions, when managing client orders through to execution, or upon facilitation of reception and transmission of orders, the Company takes all reasonable steps to achieve the best possible result for clients in a comprehensive and consistent way. The Company takes into consideration; inter alia, a combination of the following execution factors:
- Nature of the order
- Market conditions and variations
- Likelihood of Execution and Settlement
- Any other direct consideration, relevant to the execution of the order
14.2.3 BEST EXECUTION CRITERIA
The Company considers the relative importance of the above mentioned execution factors, when weighted against the following execution criteria:
- The characteristics of the client, including the categorisation of the client as retail or professional;
- The characteristics of the client order;
- The characteristics of the financial instruments that are the subject of that order;
- The characteristics of the execution venues to which that order can be directed.
The best possible result is being determined in terms of the total consideration, representing the price of the contract, and the cost related to execution. The other execution factors of speed, likelihood of execution size, nature or any other relevant consideration will, in most cases, be secondary to price and cost considerations, unless they would deliver the best possible result for the client, in terms of total consideration.
14.3 EXECUTION VENUES
Execution venues are the entities to which the orders are placed, or to which the Company transmits orders for execution. The execution venue to all clients’ orders is a third party liquidity provider. The Client deposits funds with the Company and places an order via a trading platform, which is managed by the Company and the Company is responsible for safeguarding of the clients’ funds. Upon receipt of the order, the Company opens an exactly identical order on the name of the client with the market maker, per order received, or accumulatively. In this respect, the Company executes the client order by acting as a broker (STP broker).
14.4 ANALYSIS OF EXECUTION FACTORS
The Company provides prices, as are obtained from the third-party external providers. In this respect, prices on financial instruments are calculated with respect to the underlying asset prices, as provided from external sources. The Company ensures that the client receives the best execution, mainly by ensuring that the price provision to the client is made with reference and compared to a range of underlying price providers and data sources. The Company reviews its independent price providers at least once a year, to ensure that correct and competitive pricing is offered.
The provider is continuously updating its prices, therefore last updated prices are displayed on Company’s trading platform.
Under certain trading conditions, the Company might not be in a position to execute the order, placed by the client at the client’s requested price. Under this scenario, the Company maintains the right to execute the order at the first avail- able price.
When the client opens a position in relation to some types of financial instruments, a commission, or a financing fee, will apply. Commissions may be charged either in the form of a percentage of the overall value of the executed trade, or as a fixed amount.
All orders are placed in monetary value. The client will be able to place his order, as long as he has enough available balance in his trading account. If the client wishes to execute a large size order, in some cases the price may become less favorable, considering the feed, obtained from its price provider. Minimum size of an order may depend on each type of Client Account.
Prices change over time. The frequency with which they change varies with different financial instruments and market conditions. Considering that the trad- able prices, which are distributed via the Company’s trading platform/ terminal, technology used by the client to communicate with the Company, plays a crucial role. For instance, the use of a wireless connection, or dial-up connection, or any other communication link that can cause a poor internet connection, can cause unstable connectivity to the Company’s trading platform/terminal. The result for the client is that his orders may be placed with a delay, which in turn may cause these orders to be denied execution or the client to be provided with a price, which includes minor deviation from the market price, offered by the Company via its platform/terminal. In general, the Company seeks to provide high speed of execution to its clients, within the limitations of technology and communication links.
14.5 NATURE OF THE ORDER
The particular characterizing of an order depends on the instrument to be selected by the client. The value of the instrument is mainly dependent on the volatility of the underlying instrument, and the risk management to be selected by the client.
14.6 MARKET CONDITIONS AND VARIATIONS
The Company’s quoted prices which are derived from its independent price providers may be affected by various factors, which could also affect the above mentioned factors affecting the price of the underlying instruments. The Company takes all reason- able factors to ensure the best possible result for its clients.
14.7 LIKELIHOOD OF EXECUTION
Likelihood of Execution the Company is not the Execution Venue for the execution of the Client Orders in CFDs. So, in relation to individual CFDs transactions, the Company does not execute Client Orders on an own account basis as a counterparty towards its Client. The Company transmits Client Orders or arranges for their execution with the third party Liquidity Provider, the Execution Venue, and not the Company. The Company relies on its Liquidity Provider for prices and available volume and transmits Client Orders for execution to this counterparty. Execution of Client Orders will depend on the pricing and available liquidity of the said provider. Although the Company executes all Orders placed by Clients, it reserves the right to decline an Order of any type and/ or to offer the Client a new price.
14.8 LIKELIHOOD OF SETTLEMENT
The Company proceeds with the settlement of all transactions, upon the execution and/or time of expiration of the specific transaction.
14.9 AGGREGATION AND ALLOCATION OF ORDERS
The Company carries out a client order in aggregation with another client order, unless the following conditions are met:
- in case that the aggregation of orders and transactions will work overall to the disadvantage of any client, whose order is to be aggregated;
- it is disclosed to each client, whose order is to be aggregated, that the effect of aggregation may work to its disadvantage in relation to a particular order;
- an order allocation policy is established and effectively implemented, providing in sufficiently precise terms for the fair allocation of aggregated orders and transactions, including how the volume and price of orders determines allocations and the treatment of partial executions.
14.10 ORDER MANAGEMENT
The Company ensures that, at all times, client orders are handled equitably, and to the client’s best advantage. Client orders are executed in a prompt and equitable manner, taking into account the nature of the order. Other similar orders may be processed or executed sequentially, in parity with the time of receipt, and may be aggregated or pro-rated accordingly, unless the characteristics of the order, or prevailing market conditions make this impracticable or the client and require otherwise. The Company undertakes to manage all client orders in accordance with the following principles:
- Order execution shall be prompt, fair and expeditious, and processed sequentially
- Aggregation of comparable orders shall be undertaken to the client’s best interests
- Allocation or reallocation shall be equitable and seek to protect from client detriment
14.11 PARTIAL EXECUTION
Where partial execution takes place on an aggregated order, the Company remains at liberty to pro rata the allocation with the client order. In such an event, the Company will be in a position to reasonably demonstrate, that without its own participation, execution could not have taken place at all, or on such favorable terms.
The Company assesses on a regular basis, of particular transactions in order to determine whether it has complied with its execution policy and/or arrangements, and whether the resulting transaction has delivered the best possible result for the client.
Appropriate information is provided to the Client on the content of the execution pol- icy. The prior consent of the clients is obtained regarding the documented Order Execution policy to be followed. In addition, a clear and prominent warning is disclosed to the Company’s clients (within the Client Agreement and Terms & Conditions), that any specific instruction from a client may prevent the Company from taking the steps that it has designed and implemented in its execution policy for obtaining the best possible result for the execution of those orders, in respect to the elements covered by those instructions.
Adequate information is provided to the clients through this policy, in relation to the factors that are taken into consideration by the management, when handling clients’ orders. Also, the policy is reviewed periodically by the Company, and the clients are informed accordingly, in relation to any material changes.
15. EXECUTION REFUSAL AND CANCELATION
15.1 REFUSE TO EXECUTE ORDERS
The Company has the right, at any time, and for any reason, and without giving any notice and/or explanation, to refuse, at its discretion, to execute any Order, including without limitation, in the following cases:
- If you fail to provide the Company with any documents requested from you, either for client identification purposes, or for any other reason.
- If the Company suspects, or has concerns that the submitted documents may be false or fake.
- If you do not have the required funds deposited in your
- If the Company is informed that your credit or debit card (or any other payment method used), has been lost or stolen.
- If the Company considers that there is a chargeback
- If the Company has adequate reasons to suspect that the execution of an Order is part of an attempt to manipulate the market, trading on inside information, relates to money laundering activities, or if it can potentially affect in any manner the reliability, efficiency, or smooth operation of the Trading Platform.
- If you do not have sufficient available funds deposited with the Company, or in your bank account, to pay the purchase price of an Order, along with the respective fees and commissions necessary to carry out the transaction in the Trading Platform. In the event that the Company does refuse to execute an order, such refusal will not affect any obligation, which you may have towards the Company, or any right which the Company may have against you or your assets.
- If the order is a result of the use of inside confidential information (insider trading).
It is understood that any refusal by the Company to execute any order shall not affect any obligation, which you may have towards the Company, or any right which the Company may have against you or your assets.
You declare that you shall not knowingly give any Order or instruction to the Company that might instigate the Company taking action, in accordance with Paragraph above.
15.2 CANCELLATION OF TRANSACTIONS
The Company has the right to cancel a transaction, if it has adequate reasons/evidence to believe that one of the following has incurred:
- Fraud/illegal actions led to the transaction,
- Orders placed on prices that have been displayed as a result of system errors, or systems malfunctions, either of those of the Company, or of its third party service providers.
- The Company has not acted upon your
- The Transaction has been performed in violation to the provisions of this
15.3 USAGE OF THIRD PARTY SOFTWARE
The usage of robots, or any automated trading third party software, is strictly forbid- den, and the Company will cancel and/or reject orders that are found to be provided by such software. Any Customer account found to violate this term will be terminated, according to section 18, in favor of the Company.
16. SETTLEMENT OF TRANSACTIONS
16.1 The Company shall proceed to a settlement of all transactions, upon execution of such transactions. Acquisition of a financial contract is completed, when the financial con- tract has been customized, the premium (or the margin, as the case may be) has been calculated, and payment has been verified. You agree to be fully and personally liable for the due settlement of every transaction entered under your account with the Company.
17. CLIENTS FUNDS
17.1 Funds belonging to you that will be used for trading purposes will be kept in a segregated account, or accounts with any bank or financial institution, used to accept funds which the Company will specify from time to time.
17.2 By accepting the Agreement, you authorize the Company to make any deposits and withdrawals from the Bank Account on your behalf, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement, and all amounts, which are payable by, or on behalf of the Client to the Company, or any other person.
17.3 It is commonly understood that any amount, payable by the Company to you, shall be paid directly to you to a bank account, the beneficial owner of which is you. Fund transfer requests are processed by the Company within the time period specified on the Company’s official website, and the time needed for crediting into your personal account will depend on your bank account provider.
17.4 The Company retains a right of set-off and may, at its discretion, from time to time, and without your authorization, set-off any amounts held on behalf and/or to the credit of you, against your obligation to the Company. Unless otherwise agreed, in writing by the Company and you, this Agreement shall not give rise to rights of credit facilities.
17.5 You have the right to withdraw the funds which are not used for margin covering, free from any obligations from your Account, without closing the said Account. The Company reserves the right to decline a withdrawal request, if the request is not in accordance with certain conditions, mentioned in this Agreement, or delay the processing of the request, if not satisfied on full documentation provided.
17.6 It is within your terms that any incurring bank fees will be paid by you, in case of funds withdrawals from your trading account, to your designated bank account. You are fully responsible for the payment details that you provided to the Company and the Company accepts no responsibility, if you have provided false or inaccurate bank details.
17.7 You agree that any amounts sent by you in the Company’s bank accounts, will be de- posited to your trading account, at the value date of the payment received, and net of any charges/fees charged by the Bank Account providers, or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by you, the identification of the sender must by verified, and ensure that the person depositing the funds is you. If these conditions are not met, the Company reserves the right to refund the net amount, deposited via the method used by the depositor.
17.8 The Company reserves the right to decline a withdrawal, with specific payment method and to suggest another payment method, where you need to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation, provided in relation to a withdrawal request, the Company can request for additional documentation, and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to your trading account.
17.9 When a withdrawal request is submitted, the Company may take up to three (3) business days to process the request. When your application is approved, please wait for three (3) additional days, before seeing your funds in your account.
17.10 In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider, at any time and for any reason, the Company will immediately re- verse the affected deposit from your trading account, and further reserves the right to reverse any other type of transactions, effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all, or any, of your trading account(s).
17.11 You agree to waive any of your rights to receive any interest ,earned in the funds held in the Bank Account, where your funds are kept.
18. CHARGEBACKS, EXCESS PAYMENTS, SET-OFF, BINDING CALCULA- TIONS
18.1 Chargebacks. You agree that you will not make, or attempt to make any chargebacks, and/or deny, or reverse any payment that you have made. You hereby agree that you will reimburse us for any chargebacks, denial or reversal of your payments, and any loss, suffered by us as a consequence of this, including but not limited to, costs of any dispute, in connection therewith. In any event that you do initiate any chargeback, denial or reversal of payment, we reserve the right to cease to provide the Services, terminate the Terms, withhold payments to you, and take any further action, which we may see as appropriate.
18.2 Excess Payments and/or Delivery. In the event we transfer to you, for any reason whatsoever, any excess of funds, you agree that you will repay any excess amount to us and/or, we may deduct such amount from any balance which we owe you.
18.3 Set-off. You also agree that the Company may, at any time, set-off any amount, owed by us to you, against any amount, owed by you to us.
18.4 Binding Calculations. All calculations performed by, or on behalf of the Company, in relation to this Agreement or the Transactions, shall be deemed to be final, correct, and binding upon the Account holder.
19. COMPLAINTS PROCEDURE FOR CLIENTS
The Company have adopted this Complaints Procedure in order to ensure a fair and quick process for handling complaints, that may arise from our relationship.
19.1 SUBMITTING YOUR COMPLAINT
You should address your complaint via email to us, according to the Contact Us de- tails on the Website. The email should contain your name, your trading account number, and the nature of the complaint. Anonymous complaints will not be treated.
Once you successfully complete and submit your complaint, the Compliance Department of the Company shall handle and investigate your complaint.
19.2 ACKNOWLEDGING YOUR COMPLAINT
We will acknowledge receipt of your complaint within five (5) days from the receipt of your complaint, and provide you with the unique reference number of your complaint.
19.3 HANDLING OF YOUR COMPLAINT
Once we acknowledge receipt of your complaint, we will review it carefully, investigate the circumstances surrounding your complaint, and will try to resolve it without undue delay. We shall make every effort to investigate your complaint and provide you with the outcome of our investigation within two (2) months from the date you have submit- ted your complaint to us. During the investigation process, we will keep you updated of the handling process of your complaint. One of our officers may contact you directly (including communication by email or phone) in order to obtain, where needed, further clarifications and information relating to your complaint. We will require your full cooperation in order to expedite the investigation and possible resolution of your complaint.
In the event that your complaint requires further investigation, and we cannot resolve it within two (2) months, we will issue a holding response in writing or other durable medium. When a holding response is sent, it will indicate the causes of the delay and when the Company’s investigation is likely to be completed. In any event, we shall provide you with the outcome of our investigation no later than one (1) month from the issuing of the holding response, depending on the complexity of the case and your co- operation. Please note that the Company shall consider your complaint as closed and cease the relevant investigation, in case you fail to respond to our officers within the period of three (3) months from the date of the submission of your complaint.
19.4 FINAL DECISION
When we reach an outcome, we will inform you of it, together with an explanation of our position, and any remedy measures we intend to take (if applicable).
20. RISK FACTORS
20.1 We do not provide any advice, and do not consider your individual needs and goals. You should carefully consider whether trading with us, on a leveraged basis is suitable for you. If you don’t understand, or cannot afford to take, all the risks involved, you should not trade with us. Prior to trading with us, please carefully read our full Risk Disclosure Policy.
20.2 Price Fluctuations. The Client acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of investments may fluctuate downwards or upwards, and it is even probable that the investment may become of no value. This is owed to the margining system, applicable to such trades, which generally involves a comparatively modest deposit or margin, in terms of the overall contract value, so that a relatively small movement in the underlying market, can have a disproportionately dramatic effect on the Client’s trades and portfolio.
20.3 If the underlying instrument movement is in the Client’s favor, the Client may achieve a good profit, but might lose all the Capital invested within the Company. So, the Client must not enter into the Company, unless he/she is willing to undertake the risks of losing all the money, which he/she has invested.
20.4 Leverage. Investing through the Company entails the use of “leverage”. In considering whether to engage in this form of investment, the Client should be aware that the high degree of leverage that is obtainable in CFDs Trading can work against him/her, as well as for him/her.
20.5 The use of leverage can lead to loss of all the invested Capital, as well as gains. So, the Client should unreservedly acknowledge and accept that he/she runs the risk of incurring losses and damages, as a result of the dealing in some Financial Instruments, and accepts and declares that he/she is willing to undertake this risk. Therefore you should not invest funds, which you cannot afford to lose, such as, retirement savings, loans, mortgages, emergency funds, funds set aside for purposes, such as education or home ownership, or fund required for currency income, or present and future med- ical expenses.
20.6 the Company has the right to apply what is the best interest to the company and/or to client, and to adjust the account leverage, without prior notice, in the client account. The maximum leverage offered to retail clients varies, according to the underlying category of the CFD, as follows:
- 30:1 for major currency pairs
- 20:1 for non-major currency pairs
- 20:1 for major indices and gold
- 10:1 for commodities (other than gold)
- 0:1 for non-major equity indices
- :1 for cryptocurrencies
20.7 Reduced Demand for the Underlying Instrument. Some of the Company’s underlying instruments may not become immediately liquid, as a result of reduced demand for the underlying instrument, and the Client may not be able to obtain the information on the value of these, or the extent of the associated risks.
20.8 Reliability on Previous Performance Information, of the previous performance of the Company portfolio does not guarantee its current and/or future performance, as well as a performance of the underlying instrument. The use of the historical data does not constitute safe forecast, as to the corresponding future performance of the Company’s portfolio, and underlying instrument to which that information refers.
21. TERMINATION POLICY
21.1 Client Termination:
Client has the option to terminate the respective account or use of this Site at any time, for any reason, or for no reason. In proceeding to the above, you agree that all the amount payable to the Company becomes immediately due, including costs, charges, or additional expenses that occurred. Company has seven (7) business days to fulfill any payable obligations to the Client.
Any open position are to be closed by the Client, and the Client should refrain from opening new positions, until the completion of the termination process. The Company has the right to deny new orders from the Client, by restricting, or limiting platform access during the termination process, any open positions will be closed at current prices as sell back options, upon balance settlement.
If the Client is using multiple currencies accounts, and wants to terminate all accounts, the Client has the option to select a base currency for the Company to consolidate all the balances for settlement purposes.
If the Company suspects malicious or illegal activity during the process, it will notify the Client that the process will be extended and will ask for Client’s cooperation in re- solving pending investigation, as soon as possible. The Company will withhold partial or all balance, if Client is found accountable.
21.2 Company Termination:
The Company may suspend or terminate Client’s account, if found in violation with any one of the Company’s policies, for any internal reasons and/or for suspicion of illegal activity. The Company will then proceed to refund, or withhold the trading account funds partially or fully, after pending investigation is resulted, and according with the Company’s policies. Specifically after notification to the Client, the Company is entitled:
- to restrict or limit the Client’s access to the platform and/or website
- to close all open positions as sell-back options
- to withhold partially or fully the account balance
- to merge all account balances in one currency for settlement purposes
- to ask from the Client to re-verify it’s account and/or to ask for additional document, as to perform enhanced due diligence
When the company initializes termination process, it will notify the Client about its decision, and the conditions the Client is subjected to, as mentioned above, along with an estimated timeframe of completion, no more than thirty (30) days, as each case may differ.
22. COSTS AND CHARGES
22.1 You shall pay our charges, as agreed with you periodically, any fees or other charges imposed by a clearing organization, and interest on any amount due to us at the rates then, charged by us (and which are available on request). A detailed analysis of the Fees, Costs and Charges, can be found on our website.
22.2 In case of any value-added tax, or any other tax obligations that arise in relation to a transaction, performed on behalf of you, or any other action, performed under this Agreement for you, the amount incurred is fully payable by you and in this respect, you must pay the Company immediately when so requested and the Company is fully entitled to debit your account with the outstanding amount to be settled (excluding taxes payable by the Company in relation to Company’s income or profits).
22.3 All payments to the Company under this Agreement shall be made in such currency, as the Company may from time to time specify to the bank account, designated by the Company for such purposes. All such payments shall be made by the Client without any deduction or withholding.
22.4 The Company may share charges with partners, affiliates, intermediary service providers and agents (collectively referred to as “Partners”), in connection with Transactions carried out in the Client’s Account. More information on the fees and commissions the Company pays to its partners, can be provided upon request.
22.5 Prior to entering into any transaction with the Company via the Client Dashboard or otherwise, the Client should ensure they have considered any and all applicable charges such as Spread(s), commissions and Swap(s), which are available on the Website. It is the Client’s responsibility to ask for further clarifications, should they require such.
22.6 Charges may not all be represented in monetary terms, but may also appear in other units such as pips, the value of which can vary, depending on the instrument.
23. INACTIVITY POLICY
23.1 Fees may be payable by you by virtue of the fact that the Trading Platform is continually provided to you for trading, regardless of your actual use. If there are no transactions (deposits, withdrawals or trading activity) on your Trading Account for a period of at least three (3) months or more, the Company reserves the right to charge a monthly in- activity fee on your Trading Account, in return for the provision of the continued avail- ability of your Trading Account as follows: following 3 months of inactivity a monthly inactivity fee of $10 per month shall be charged; following 6 months of inactivity a monthly inactivity fee of $15 per month shall be charged; and following 12 months of inactivity onwards a monthly inactivity fee of $30 per month shall be charged. You agree that you are liable to and will pay the applicable fee, as notified to you from time to time and that we may deduct such fee from any funds, held by us on your behalf.
24.1 You acknowledge that you are solely responsible for any applicable taxes with respect to your Transaction(s) on the Website and/or through the Services, including without limiting the generality of the foregoing, value added tax payable in any jurisdiction. The Company does not and shall not provide any tax advice, concerning the Services, or otherwise. It is your responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in your relevant jurisdiction(s).
Unless otherwise agreed, the terms of any amounts, payable by you under these Terms, are stated exclusive of any taxes or mandatory payments. You must pay any such taxes or mandatory payments to the relevant government agencies, in accordance with applicable laws, and you agree to fully indemnify us for any such payments we may be required to make on your behalf. You hereby agree and represent that we may debit your Account in the amount of any such payments we are required to make on your behalf.
25. INTELLECTUAL PROPERTY
25.1 The brand names relating to the Website, and any other trademarks, service marks and/or trade names used by us either on our own behalf, or on behalf of our licensors, affiliates and partners (collectively, our ‘Partners’), are owned by us, or our Partners (the ‘Trade Marks’). In addition to the Intellectual Property Rights (‘IPR’) in the Trade Marks, we and/or our Partners own the IPR in all other content of the Website (the ‘Content’). By using the Website and/or the Services, you shall not obtain any rights in the Trade Marks or the Content, and you may only use the Trade Marks and Content in accordance with these Terms.
25.2 For the purposes of these Terms, ‘Intellectual Property Rights’ or ‘IPR’ shall mean pending or granted patents, trademarks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in software), and any applications for any of the aforesaid, database rights, design rights, know-how, trade secrets, rights in confidential information, and any oth- er intellectual property rights whatsoever, irrespective of whether such intellectual property rights have been registered or not, which may subsist in any part of the world.
25.3 You hereby undertake not to: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute or lease the Software; (c) make the Software available to any third party through a computer network or otherwise; or (d) use the Website or any related software in a manner prohibited by any laws or regulations which apply to the use of the Website (collectively, and individually, the ‘Prohibited Actions’).
25.4 You shall be held liable for any loss, including direct and indirect damages, costs or expenses, we may suffer as a result of your Prohibited Actions. You agree to immediately notify us, if you commit any Prohibited Actions, or if you have knowledge of any third party committing any Prohibited Actions. You agree to provide us with reasonable assistance with any inquiry or investigation we may conduct as a result of the information provided by you in regards to the Prohibited Actions set out above.
25.5 You hereby acknowledge and agree to bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable and available virus screening and prevention software at all times. The Company shall not bear any liability whatsoever for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages, purporting to originate from the Company, and to be aware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses. The Company advises you to al- ways provide your Log-In through the Website only, and avoid using unauthentic communications advising you of other options to provide your Log-In (or other Registration Details), to gain access to the Services, offered through the Website.
26. DURATION OF THE AGREEMENT AND AMENDMENT THEREOF
26.1 This Agreement shall be valid for an indefinite time period, until its termination from either the Company, or You, or both.
26.2 The Agreement may be amended on the following cases:
26.2.1 Unilaterally by the Company, if such amendment is necessary, following an amendment of applicable law. In any such case, the Company shall notify the Client of the said amendment, either in writing, or per electronic mail, or through its main webpage, and your consent shall not be required for any such amendment.
26.2.2 In cases where the amendment of the Agreement is not required by any change in the legal framework, the Company shall notify you of the relevant amendment through its main webpage and/or via email. If objections arise, you may terminate the Agreement within five (5) days from the notification, by sending a registered letter, and on the condition that all pending transactions on behalf of you shall be completed. Upon expiry of the above deadline, without the Client having raised any objection, it shall be considered that you consent and/or accept the content of the amendment.
27.1 Unless the contrary is specifically provided, any notice, instructions, authorizations, requests or other communications to be given to the Company by you under the Agreement, shall be in writing, and shall be sent to the Company’s mailing address, as indicated in the Company’s website or to any other address which the Company may periodically specify to you for this purpose, and shall take effect only when actually received by the Company, provided they do not violate, and are not contrary to any term of this Agreement.
The Company reserves the right to specify any other way of communication with you.
28. RECORDING OF TELEPHONE CALLS
28.1 You acknowledge that the Company might record telephone conversations between you and the Company, without use of a warning tone, to ensure that the material terms of the Transaction, and any other material information relating to the Transaction is, promptly and accurately recorded. Such records will be the Company’s sole property and accepted by you as evidence of the Orders, or instructions given.
29. GENERAL PROVISIONS
You acknowledge that no representations were made to you by, or on behalf of the Company, which have in any way incited or persuaded you to enter into the Agreement.
In case any provision of the Agreement is, or becomes, at any time, illegal, void or nonenforceable in any respect, in accordance with a law and/or regulation of any juris- diction, the legality, validity or enforceability of the remaining provisions of the Agreement, or the legality, validity or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected.
You shall take all reasonably necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents), so that the Company may duly fulfil its obligations under the Agreement.
The location of detailed information, regarding the execution and conditions for the in- vestment transactions in Financial Instruments, conducted by the Company and other information, regarding the activity of the Company, are accessible and addressed to any natural persons and legal entities at the Company’s website over the Internet.
30. FORCE MAJEURE
30.1 Company shall not be liable for delays, failure in performance or interruption of service which results directly, or indirectly from any cause or condition, beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services, or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence, which is beyond Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
31. APPLICABLE LAW, JURISDICTION
31.1 This Agreement and all transactional relations between you and the Company are governed by the Laws of South Africa and the competent court for the settlement of any dispute, which may arise between them, shall be the Court of South Africa.
32. DIGITAL SIGNATURE
32.1 All communication between Company and Customer by use of electronic means such as the website and/or emails that refers to this Agreement or Amendments of said Agreement, shall be binding as if they were in writing.