These Terms and Conditions, Schedule along with the completed registration form, and Risk Disclosure Policy, Privacy Policy, AML Policy, Cookies Policy and any documents we refer to and as these amended from time to time, altogether comprise the Client Agreement (hereinafter "the Agreement"), between Siddhi Financial Services (hereinafter referred to as the "Company", "TradGrip" or "we" or "us") on the one part and you (the "Customer" or the "Client" or "you") who may be a natural or a legal person, who has completed the Company's online registration procedure and has been accepted by the Company as its Client on the other part.
The Agreement apply to all the actions that are directly related to the investment services provided by the Company in financial instruments including Forex/CFDs in underlying assets as permitted under the applicable law and licensing requirements. The Agreement lay out the framework of the Client Agreement and the nature of the investment services provided by the Company. They cannot be negotiated and overruled by any prior agreements or arrangements made between the Company and the Client.
Through its electronic system over the Internet (hereinafter the "Trading Platform") and its official website, the Company provides investment services, as these are defined herein.
The Agreement apply to both the Company's website(s) and Trading Platform(s), as well as to the electronic content and/or software currently contained on the Company's website(s) that supplies the Client with information about the exchange rate of some currencies, as well as with the program facilities for executing trading transactions in the financial instruments offered by the Company such as CFDs on forex, commodities, indices, etc. via the web, phone or fax, and any other features, content or services that the Company may add in the future.
The Agreement override any previous agreements, arrangements, express or implied statements made by the Company or the Company's employees, affiliates, or business introducers. The Agreement are effective upon the Client's acceptance of the Agreement and conditions during the registration process with the Company.
You are responsible for checking our website periodically in order to review the current version of the Agreement. Please contact us if you have any questions.
We do not provide personalised investment recommendations or investment or tax related advice. Any explanation or information which we may give to you is not intended to be and should not be considered as advice.
We may not provide all of our Services to customers domiciled in or have nationality of certain countries due to restrictions under the relevant law, or restrictions under our internal policies. If you are a resident of a restricted country, you may be able to access some of our Services, but not all of our Services. We may change the list of restricted countries, as well as the Services that are available in a restricted country, from time to time.
We will not accept applications from residents or citizens of the United States of America, as well as other countries as required by the relevant law, or required by our internal policies from time to time. We may change the list of blocked countries from time to time.
If you are travelling to a blocked country, you may not have access to your trading account or any of our Services. This restriction applies even if you do not normally reside in the blocked country. We are not liable for any loss which results from your inability to access the trading platform because you are in a blocked country, or if caused by circumstances outside of our control.
Our services are available to and may only be used by physical or legal persons who under the applicable law of their country of residence can form legally binding contracts. Without limiting the foregoing, the Company does not provide services to its employees and directors, to persons who are not of sound mind and/or legal competence, and to persons under the age of 18 or otherwise under the legal age (hereafter the "Minors"). If you are a minor, you may not use our services. For avoidance of doubt, we shall not be responsible for any unauthorized use by minors of our services in any way or manner. Furthermore, our services and/or trading platform are available only to and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via the Company's website(s) and have done so without relying on any information contained on the Company's websites(s) or any published information by the Company including marketing material.
The Client hereby acknowledge, represent and warrant that:
The risks of using our services is that you could lose all your money which you have deposited into your TradGrip trading account. Therefore, you should not trade or invest money that you cannot afford to lose. It is important that you fully understand the risks involved before deciding to trade with us in light of your financial resources, level of experience, and risk appetite. If required, you should seek advice from an independent financial advisor.
The Client agrees that he/she has understood and accepted that the value of any investment in any type of financial instrument including Forex and CFDs may change upwards or downwards or may result in no value at all. The Client is also aware and acknowledges that there is a great risk of incurring losses and damages of some or all of the initial investment as a result of the investment activity (purchase and/or sale of Financial Instruments/Forex/CFDs) through the Company and the Company's Trading Platform and accepts that he/she is willing to undertake this risk upon entering into this business relationship including any costs which may be incurred during such relationship with the Company.
The Client further acknowledges the margin requirements as such are specified herein.
The actual returns and losses experienced by you will vary depending on many factors, including, but not limited to, market behaviour, market movement, and your trade size.
The value of your investments may go up or down.
Past performance is not a guide to future performance.
Any transactions with us may carry an inherent foreign exchange risk.
Trading Contracts For Difference (CFDs) and derivative instruments is highly speculative, carries a high level of risk and may not be suitable for all investors.
You acknowledge that there is a risk to lose all or part of your invested capital, therefore you should not speculate with capital that you cannot afford to lose.
You accept that you are aware of all the risks associated with trading in Forex, CFDs and any other financial instruments may be provided by the Company's Platform(s).
You also understand that when trading Forex / CFD's and any other financial instruments provided by the Platform, you are trading on the outcome of the price of an underlying asset and that trading does not occur in a Regulated Market but Over-The-Counter (OTC) and you acknowledge the risks that may involve.
You assume full responsibility in relation to any investment strategy, transaction or investment, tax costs, and for any consequences brought by from any transaction you perform and acknowledge and accepts that the Company shall not be held responsible and accepts that he will not rely on the Company for the aforementioned.
The Client acknowledges and accepts that there may be other risks that are not contained herein and that he/she has read accepted and understood all the risks involved and therefore accepted and understood the Risk Disclosure Policy, a necessary document for the registration process with the company can be reviewed on the Company's website.
To apply for a trading account and be able to use the Company's Services, Products and Trading Platform(s), you will need to register with the Company by completing our Online Application Form and provide us with information that we request, so that we can identify you, verify your identity, and conduct fraud checks, sanctions checks, anti-money laundering and counter-terrorism checks, and any other checks as required by Applicable Law, including without limitation your personal details, financial profile, knowledge and experience as well as the necessary identification documents requested.
After each Client fills in and submits the Online Application Form together with all the required documentation requested by the Company, the Company will verify the Client's identity, perform the relevant anti-money laundering and customer appropriateness tests and send a notice to the Client informing him/her whether or not he/she has been accepted to continue operating his account as the Company's Client, in line with the Anti-Money Laundering Policy.
The Client also accepts that by requesting and/or opening and or having more than one Trading Accounts, the Company has the right to consider all the Trading Accounts of the same Client as one. As a result, the Client also accepts and authorize the Company to have the absolute right at any given moment to merge all or any Trading Accounts to one and/or to transfer any available balance and/or funds between these accounts for covering any exposure and/or any possible exposure of any individual account of the same Client.
The Client agrees that must provide us with true, accurate, current and complete information during the Registration Process, and agrees not to misrepresent or hide his/her true identity from the Company. The Client also accepts and confirms that will use his/her account on his/her own behalf and that he/she is not pursuing at any time to act in a fraudulent manner nor he/she is seeking to impersonate any other individuals for any purpose whatsoever.
The Client further agrees and undertakes to notify us of any changes to his/her personal or financial information in writing, by sending us an email. If the Company becomes aware of any fraudulent or illegal activity, impropriety in the Registration Data or failure to meet the Company's due diligence requirements, it may suspend the Client's account.
The Client acknowledges the imposition of a dormancy fee according to Section 19 below on all accounts which will be charged to all clients by the Company and before approving any requested withdrawal and/or before the Company returns any received funds to clients that their relationship was terminated due to their denial or omission or delay in providing the necessary and/or requested identification documents and/or any other requested information to the satisfaction of the Company.
During the Registration process the Client will be provided with credentials e.g. username and password. The Client accepts that will not share his/her credentials with any other person or business entity for all purposes, including, but not limited to, facilitating access and unauthorized use of the service and that he is the one accessing and using our services, platform, and website to use our services.
If the Client believes that someone has used his/her credentials to access any service without his/her authorization, must immediately notify in writing the Company.
When the Client registers with the Company, acknowledges his/her willingness to share with the Company certain private information for the purposes of verifying his/her identity. This information is collected in line with the Company's verification procedures which are used to deter money laundering activities and terrorist financing and is subject to the Company's Privacy Policy.
By registering with the Company and by using the Company's products and services, the Client confirms and agrees that he/she consents to the use of all or part of the information he/she supplies concerning his/her trading account, the transactions he/she undertakes through it and the dealings which they perform with the Company according to the provisions of our Privacy Policy.
During the account opening the Client may accept that from time to time the Company may contact the Client whether by phone or email or by any form of communication means for the purpose of offering them further information about the Company, FX and CFD's trading / financial markets trading.
The Company may, at its sole discretion, arrange for any Transaction to be effected with or through the agency of an intermediate broker, who may be an associate of the Company. Neither the Company nor its respective director, officers, employees or agents will be held liable to the Client for any act or omission of an intermediate broker or agent.
No responsibility will be accepted for intermediate brokers or agents selected by the Client.
The prospective Client acknowledges and accepts that there is a minimum initial deposit of Twenty five thousand (25,000 Rupee) or equivalent or other amount in other currency (according to the Currency of the Client Account) as determined by the Company.
The Client further acknowledges and accepts that the level of Leverage is determined by the Company according to the underlying instrument, as published by the Competent Authorities from time to time and/or according to the Company's policies and procedures.
If you elect not to provide the Company with the requested information or if you provide us with insufficient information, the Company will decline your application to open a Trading Account, for the provision of services.
In regards to joint-trading Accounts for two or more persons who will jointly be considered as the Company's Client, the Client's obligations shall be joined and several and any reference in the Agreement to the Client shall be construed, where appropriate, as reference to one or more of these persons.
Any warning or other notice given to one of the persons which form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client as per the acknowledgement form to be signed between such persons on the Company's request before proceeding with the examination of a joint account request.
The Company reserves the right to request information and/or evidence on the relationship between such persons as well as perform client identification procedures before approving a joint account.
The Company further reserves the right to refuse the provision of a joint account if it is not satisfied of the true relationship between the persons and/or if the persons refuse to provide the identification documentation and/or if the Company has reason to suspect and/or refuse the provision of its services.
Our services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by the applicable law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
The Company does not promise or guarantee that:
The Company grants the Client personal, limited access, which is non-transferable, nonexclusive, and fully recoverable, to use the Company's trading platform(s). Such access includes the use of the Website and any associated downloadable software available and apps for the placing of trading orders in one or more offered financial instruments in accordance with the Agreement.
The Client is solely responsible for ensuring that account credentials provided by the Company to him/her are not shared with any other person or/and that no other person is granted access.
The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the Client and the Company and/or any other party using the Internet or other network or electronic means available.
The Client acknowledges that the Company has the right, unilaterally and with immediate effect, to suspend, withdraw, restrict, modify or even terminate the Client's access to the Company's electronic systems and/or trading platform if it's deemed necessary.
This measure is in force to ensure the unobstructed function of the electronic systems for trading and the protection of the interest of both the Client's and the Company's and may applied where the Company considers it necessary or advisable to do so, for example due to Client's non-compliance with the applicable regulations, breach of any provisions herein, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the Client when there has been a breach of security.
The orders are placed on the Company's platform(s), with the use of the credentials provided to the Client and through the Client's compatible personal computer, mobile phone or tablet connected to the internet.
It is agreed and understood that the Company will be entitled to rely and act on any order given by using the credentials on the Company's platform(s) or via phone, without any further inquiry to the Client and any such orders will be binding upon the Client.
The Client remains fully liable for any and all positions traded on his/her account, and for any credit card transactions entered into the website for his/her account.
The Client agrees to indemnify the Company fully in respect to all costs and losses whatsoever as may be incurred by the Company as a result, direct or indirect, of the Client's failure to perform or settle such a transaction.
The Client further agrees that in the case that any CFDs/Forex and/or other financial instrument is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (hereafter the "mispricing") due to an undetected programming error, bug, defect, error or glitch in the Company's website software or any other reason resulting in mispricing (for the purpose of this section the "error"), the Company reserves the right to cancel such transactions upon notifying the Client of the nature of the computer error that led to the mispricing.
The Client's access codes, transaction activities and all other related information must remain confidential at all times and the Company does not bear any responsibility of any financial loss that might arise should the Client disclose his/her access codes to an unauthorized third party.
The Client is responsible for all acts or omissions that occur on his/her Trading Account and/or Trading Platform through the use of his/her access codes. Accordingly, the Client will be liable for any orders received by the Company via his/her Trading Account and/or placed on the Trading Platform using his/her Access Codes.
Any orders received by the Company will be considered as received from the Client.
The Client shall inform in writing the Company immediately in the case where his/her access codes have been compromised/lost and/or used by another party without his/her consent.
The Client shall provide instructions to the Company through the trading platform or other electronic means to trade in offered products as determined in the Agreement.
The Client accepts that the Company has the right to partially carry out his/her instructions.
The Client is responsible for any instructions/transactions received/entered through the trading platform, either from the Client directly or through an authorized representative.
The Client acknowledges that the Company enters transactions with the Client as an agent since all Client's orders will be received and transmitted for execution to the Liquidity Provider(s).
The Client shall be able to open positions and/or close existing positions through the Company's trading platform and/or place orders with the Company on any type of Forex, CFD or any other financial instrument offered by the Company.
For any offered product the Company will present two prices the lower price (BID) at which the Client can sell (go short) and the higher price (ASK) at which the Client can buy (go long). Collectively, the BID and ASK are referred to as the Company's price(s).
For instant execution orders the Client places an order based on the prices displayed in on the terminal and/or the Company's Trading Platform and the execution process is triggered.
The Client acknowledges and accepts that Client's orders may be executed at a different price than the quoted price or the last reported price at the time of order entry.
The Company aims to offer high speed of execution within the limitations of technology links.
In cases the Client uses a wireless or dial-up connection or any other communication link that can cause under different circumstances poor internet connection and unstable connectivity with the Company's trading platforms resulting in the Client placing orders at a delay, the Client acknowledges and accepts that the orders will be executed at better or worst prevailing price available.
Moreover, the Client acknowledges that in the case of any communication and/or technical error/failure that affects the quoted prices (i.e. prices freeze or stop updating or price spikes), the Company reserves also the right not to execute an order or, in cases in which the order was executed, to change the opening and/or closing price of a particular order or to cancel the said executed order.
The Company may, in certain circumstances, accept instructions, by telephone, provided that the Company is satisfied, at its full discretion, of the Client's identity and the Company is further also satisfied with the clarity of instructions.
The Client understands and accepts that it is at the sole discretion of the Company to accept transactions through the telephone and that the Company's decision on this matter is final.
To this effect such calls and instructions shall be recorded at all times whereas a designated log shall be maintained by the Head of Dealing as recorded evidence of such orders being received and executed via telephone.
In case of an Order received by the Company in any means other than through the Trading Platform, the Order will be transmitted by the Company to the Trading Platform and processed as if it was received through the Trading Platform.
It is understood that an Order will not be considered until it is actually received by the Company.
It is noted that, instructions and orders have the same meaning.
If the Company wishes to confirm in any manner any instructions and/or Orders and/or communications sent through the telephone, it reserves the right to do so.
The Client accepts that there is a risk of misinterpretation or mistakes in the instructions or Orders sent through the telephone, regardless of what caused them, including, among others, technical failures.
The Client acknowledges that the Company will keep records of all telephone transactions without any prior written consent in order to ensure that all relevant information being transmitted via telephone is properly recorded.
The records kept are the Company's property and may be used by the Company when deemed appropriate as evidence for the Client's instructions and/or transactions.
In the case of the materialization of a corporate action, the Client accepts that the Company has the right to proceed to alterations to the value and/or size of a transaction.
For each transaction in an FX and/or CFD on the Company's Trading Platform the Client can open a Buy or a Sell order or close an order depending on the direction chosen, at the quoted price(s) available.
On the Trading Platform, the Client shall be entitled to make an offer to open a Transaction at the best available rate on the Trading Platform ("Market Order") at the time of opening such a Transaction, unless he/she specifies a particular price in which to make an offer to open a Transaction ("Limit Order").
With respect to a Market Order or a Limit order, the price at which a Transaction is completed may not always be at the exact rate displayed when the order is submitted.
The Client agrees that his/her offer to open a Market Order or a Limit Order may be accepted at a lower price or higher price than the price indicated by the Client in his/her Market Order or Limit Order, within a certain range as specified on the Trading Platform under specific market conditions.
At any time prior to acceptance of an order, the Client may cancel such order without any further liability.
If the Client chooses to open a Market Order or Limit Order, his/her offer will be accepted at the best possible rate offered on the Trading Platform.
Orders can be placed and (if allowed) changed within the Trading Hours for each type of FX and CFD appearing on the Company's Website, as amended by the Company from time to time, on the Company's discretion.
The Client agrees that the Order to be opened, if accepted by the Company outside the Trading Hours may not be capable of execution, should the market not trade at the price stipulated once Trading Hours commence.
Pending Orders, not executed, shall remain effective through the next trading session (as applicable).
All open spot positions will be rolled over to the next Business Day at the close of business in the relevant Underlying Market, subject to the Company's rights to close the open spot position.
Market Orders not executed due to insufficient equity in the trading account will not remain effective and will be nulled.
Orders shall be valid in accordance with the type and time of the given Order, as specified by the Client.
If the time of validity of the Order is not specified, it shall be valid for an indefinite period.
However, the Company may delete one or all pending orders if the Trading Account funds are not sufficient to cover margin requirements.
Stop loss and Take Profit orders may be amended providing they meet minimum specified level requirements (keep the pending on the trading symbol).
The Client may change the expiration date of Pending Orders or delete or modify a Pending Order before it is executed.
In order to change the expiry, the Client will need to cancel the Order and place a new one.
The Client acknowledges and agrees that due to market volatility affecting both price and volumes and factors beyond its control, the Company is striving to execute client orders with the best execution reasonably possible under the prevailing market conditions however, the Company cannot guarantee that an Order will be executed at the level specified in the Client Order.
In such an event, the Company will execute the Client's Orders at the next best available price.
Depending on underlying market conditions, most notably liquidity factors, Clients' Orders may be partially filled if the alternative would be an outright rejection of the Order.
With respect to a Close at Profit where the price for an Underlying Asset moves to the Client's advantage, the Client agrees that the Company can pass such price improvement on to the Client.
In the event that the Company is unable to proceed with an Order, with regard to price or size or other reasons, the Company will not send a re-quote to the Client (with the price it is willing to deal until the price the Client asks is available).
The Order will be rejected or partially filled.
Upon the Client's offer and our acceptance of the Client's Order, the Client hereby authorizes the Company to close the Transaction at the "Close at Loss" price or "Close at Profit" price, as applicable, and as agreed in the Order, without further instruction from or notification to the Client.
The Company may, in its sole discretion, close the Transaction when the price quoted by us on the Trading Platform equals or exceeds the price accepted by us for such an Order.
The Company may, in its sole discretion, allow the Client to request the opening or closing of a Transaction, including a "Close at Loss" and "Close at Profit" Order, within a specific time period determined by the Client.
If the Company has accepted such a request, it may in its sole discretion, close the Transaction within such specific time period.
The Client acknowledges and agrees that the Company shall not be obliged to close such a Transaction outside such specific time period or which does not otherwise comply with any other limitations agreed upon with respect to such Transaction.
The Company may, at its sole discretion, accept an offer to place a Trailing Stop in relation to a "Close at Loss".
The Client acknowledges that the original price level set forth in a "Close at Loss" may be amended as the market on the Trading Platform moves in the Client's favor.
Whilst the Client's Trailing Stop "Close at Loss" is still in effect, the Client agrees that each change in the market by at least one hundredth of a percentage point (referred to as "Pips" on the Trading Platform) in his/her favor shall constitute a new offer by the Client to raise the level of his/her trailing "Close at Loss" by one hundredth of one percentage point.
Changes in a Pip will be rounded to the nearest absolute value in the Client's base currency based on the Client's account type, as shall be specified on the Trading Platform.
The Client agrees that placing a "Stop Loss" Order will not necessarily limit losses to the intended amounts due to the prevailing market conditions which may render it impossible to execute such an Order at the stipulated price and the Company bears no responsibility whatsoever.
The Client agrees that trading operations using additional functions of the Client Trading Terminal such as Trailing Stop and/or Expert Advisor are executed completely under the Client's responsibility, as they depend directly on his/her trading terminal and the Company bears no responsibility whatsoever.
In case of any difficulties with Expert Advisors, it is suggested to contact Expert Advisor Providers.
Any Open Transactions held by the Client at the end of the trading day of the Underlying Market or over the weekend when the relevant Underlying Market is closed, shall automatically be rolled over to the next business day to avoid an automatic close and physical settlement of the Transaction.
The Client acknowledges that when rolling such Transactions to the next business day, a Swap will be either added or subtracted from his/her Trading Account with respect to such Transaction ["Rolling"].
The Swap amount is a constant percentage of the position value and is based on a number of factors including among others, whether the Transaction is a Buy or a Sell, interest rates, Underlying Asset differentials, daily price fluctuations and other economic and market-related factors.
The applicable Swap for each Asset /Underlying Asset is displayed on the Trading Platform and/or the Company's website and is subject to amendments.
The Client further acknowledges that is responsible for reviewing the contract specification displayed on the Company's website or/and platform, where applicable as well as consulting the trading platform for the accurate swap rated prior to placing an Order with the Company.
The Client acknowledges that in case of any miscalculation and/or error of a swap rate due to a malfunction of the Trading Platform and/or bug and/or error of any nature, the Company has the right to update and charge the Client's account with the accurate swap, affected on the Client's account balance.
The Company reserves the right in its discretion to disable and/or enable trading without a Swap rate charge for a limited timeframe of up to 7 (seven) calendar days and subject to the clause 36 (hereafter the "swap free trading") for the Client's trading account at any given time.
Without prejudice to the generality of the foregoing, the imposition of a Swap rate charge can occur if the Client abuses the Company's trading conditions/systems or where the Client's trading strategy imposes a threat to the Trading Platform or where the Company deems necessary in order to protect the smooth operation of its Trading Platform.
Spread shall mean the difference between the Bid price (selling price) and the Ask price (buying price) and is charged upon the opening of your trade.
All offered financial instruments that appear on the Trading Platform are subject to spreads.
The Client understands that must consult on a daily basis and before opening any new position the Spreads of each instrument.
The Company only refers to indicative spreads on its website hence the accurate Spread can only be calculated by consulting the trading platform.
From time to time, the Company has the right to amend spreads at its absolute discretion.
Such changes shall be effected on the Trading Platform and the Client is responsible for checking for updates regularly.
Spreads may increase intraday during abnormal and/or other market conditions.
The Client acknowledges that certain Financial Instruments have a set Expiry Date and time.
If an Expiry Date for a specific Underlying Asset is set, it will be displayed on the Trading Platform/website for each Underlying Asset.
The Client's acknowledges that is his/her responsibility to make himself aware of the Expiry Date and time, if applicable.
Each open position on a financial instrument that is subject to expiration, will be automatically closed upon the Expiry Date, if not closed by the Client prior to that.
The Transaction shall close at a price which will be the last price quoted on the Trading Platform immediately prior to the applicable Expiry Date and time.
If a Corporate Action occurs, the Company will reasonably determine what adjustment, if any, should be made to an Order to account for the dilutive or concentrative effect of such event to preserve the economic equivalent of such Orders prior to the relevant event or to reflect the effect of such event on such Orders.
Any such adjustments will be effective as of a date reasonably determined by the Company.
In cases where a split or a reverse split is applied the Company will adjust the number of CFDs and prices accordingly.
The Company does not pay any dividends for any positions in any instrument in CFDs, and the Client acknowledges that it is not entitled to receive any dividend payments from its CFD transactions.
If any Financial Instrument which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Financial Instrument from the Trading Platform.
Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or the level or size of any order) shall be at the Company's sole discretion and shall be conclusive and binding upon the Client.
The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
Further to the above, in the case where the Client has any open positions on the ex-dividend day for any of the Financial Instrument Assets, the Company has the right to close such positions at the last price of the previous trading day and open the equivalent volume of the underlying Financial Instrument at the first available price on the ex-dividend day.
In this case, the Company will inform the Client via the internal mail of the said adjustment and no Client consent will be required.
In the case where the Company's Risk Management believes the Client is deliberately attempting to take advantage of the fact that shares in a particular Spot Index going ex-dividend, the Company reserves the right to apply a dividend adjustment.
In the case of short positions, the dividend adjustment will be debited from the clients' account where dividend adjustment will be equal to Index Dividend declared x position size in Lots.
Without prejudice to any other provisions herein, the Client accepts that the Company reserves the right, at any time, to refuse the provision of any investment and/or ancillary services, at any time and at its discretion, including but not limited to the execution of instructions for trading any type of Forex, CFD or any other financial instruments offered by the Company, without prior notice to the Client, in any of the following cases:
Internet, connectivity, delays and price feed errors sometimes create a situation where there is price latency on the Electronic Systems such that there is a disparity between the Company quoted prices and current market prices for short periods.
Client expressly acknowledges and agrees that it shall not execute Transactions with the Company that rely on price latency arbitrage opportunities either by using additional functionalities/plug-ins or by any other means.
If the Client acts in contravention of this section, the Company has the right to:
Conditional upon a client informing the Company in advance of linked trading accounts with the Company to be used for a hedging strategy within those accounts (i.e. mirror accounts) the Company will not consider hedging activity in those mirror accounts as an abusive trading strategy.
The Company has the right to cancel a transaction if it has adequate reasons and/or evidence to believe that one of the following has incurred:
If an Event of Default occurs the Company, may at its absolute discretion, at any time and without prior notice to cancel open positions.
The Company reserves the right to cancel executed trades if the trade cancellation feature is abused.
An acceptable rate of cancellation is 1 cancelled trade per 10 executed trades.
A rate of cancellation higher than 1 cancelled trade per 10 executed trades will be considered abuse of the cancellation feature.
The Client acknowledges that the Company has the right, at its sole discretion, to immediately close any of his/her open transactions, whether at a loss or a profit, and liquidate the Client's Trading Account in the following circumstances:
The exercise of our right to force close will not result in the immediate termination of your Trading Account, unless the Company notifies you of such in writing.
Notwithstanding the foregoing, if the quoted prices, as shown on the Trading Platform, move against the price of your open transactions we may, without obligation or liability, request the Client to increase the funds in his/her Trading Account, within a specified period of time, to cover the difference and/or meet the Margin requirements for the purpose of keeping a transaction open.
If the Client fails to comply with the Company's request for additional funds, we may exercise our right to force close.
It is the Client's responsibility to monitor, at all times, the amount of funds in his/her Trading Account against the amount of Margin required as a result of the Client's trading decisions.
The Client acknowledges that trading in certain financial instruments or underlying assets carries a high degree of risk in becoming volatile very quickly and without warning.
The Client hereby agrees that the Company reserves the right to close all or any open transaction with respect to any financial instruments or underlying assets that we determine that are volatile, in our sole discretion, at the quoted price at such time without notice.
The Client shall provide and maintain the Initial Margin in such limits as applicable.
In order to keep a Transaction open, the Client undertakes to ensure that the amount in his/her Trading Account equals the Margin required to maintain the transaction open.
The Client acknowledges that the Margin for each Underlying Asset differs and may be changed by us in our sole discretion from time to time.
Based on the amount of funds that the Client has in his/her Trading Account, we retain the right to limit the amount and total number of open Transactions that you may wish to open or currently maintain on the Trading Platform.
Unless a Force Majeure Event has occurred, the Company has the right to change the Margin requirements, giving to the Client two (2) Business Days Written Notice prior to these amendments.
New Margin Requirements shall be applied for new positions.
The Company has the right to change Margin requirements without prior notice to the Client in the case of Force Majeure Event.
In this situation, the Company has the right to apply new Margin requirements to the new positions and to the positions which are already open.
All changes shall be effected on the Trading Platform and/or the Company's website and the Client is responsible to check for updates.
It is the Client's responsibility to monitor at all times the amount deposited in his/her Trading Account against the amount of any Margin required and any additional margin that may become necessary.
The Client acknowledges that we may, at our sole discretion, to make a margin call for the taking of certain actions in his/her Trading Account.
The Company shall not have an obligation to make any margin call to the Client but in the event that it does, or in the event that the Trading Platform warns the Client that it reached a certain percentage of the Margin in the Trading Account, the Client should take any of the following action to deal with the situation:
If the existing or deposited Margin in the Client's Account is not sufficient to meet the required Margin rates, as those are determined by the Company, the Client's transactions will not be executed.
Without prejudice to the generality of the foregoing, the Client's open positions will be automatically closed starting from the most unprofitable and/or loss making, when the Margin in the Client's Account is less than $5% of the Margin Level.
This includes positions with a guaranteed stop-loss order or limited risk protection.
The Company may provide prior warning to the Client however it shall not be liable for any consequences if such prior notification is not sent.
Failure to meet the Margin Requirement at any time or failure to make a Margin payment when due may result in force closure of the Client's open positions without further notice to the Client.
Margin shall be paid in monetary funds in the balance currency of the Client Account.
If you have more than one Trading Account with us, each Trading Account will be treated entirely separately.
Therefore, any credit in one Trading Account will not discharge the Client's liabilities in respect of any other Trading Account.
Under the Agreement you accept that is your responsibility to ensure the required level of margin is in maintained for each Trading Account separately.
The Client acknowledges that the Margin Call is set to $75% and the Stop Out to $5%.
The Client further acknowledges that the Company may change at its discretion the Margin Call, Stop Out based on any applicable regulation and/or according to the Company's Policies and Procedures as this may take place from time to time.
The Company shall proceed to a settlement of all transactions upon execution of such transactions.
A transaction is completed when the Forex, CFD or financial instrument payment has been verified and the relevant swap and other charges have been calculated.
The Client hereby authorizes the Company to debit or credit his/her Client Account with the relevant sums at the closing of each Transaction.
The Client agrees to be fully and personally liable for the due settlement of every transaction entered under his/her Trading Account with the Company.
Any confirmation or proof for any act or statement of Account or certification issued by the Company in relation to any transaction or other matter shall be final and binding on the Client, unless the Client has any objection in relation to such statement of Account or certification and the said objection is communicated in writing and received by the Company within two calendar days from the receipt of the deemed date of receipt of any statement of Account or certification.
When holding Client's funds, the Company shall place the Client's funds into one or more bank accounts and take every possible action to ensure that the Client's funds are safeguarded.
Such funds will be held in designated bank accounts and the Company shall keep separate accounting records of the Client's funds and its own funds and shall be able to promptly distinguish funds held for different Clients of the Company.
Funds belonging to the Client and that will be used for trading purposes will be kept in an account with any bank or financial institution licensed to accept funds which the Company will specify from time to time to the Client and will be held in the Company's name in a properly denoted as Client bank account.
The Company will not be liable for the insolvency or analogous proceedings, acts or omissions of any third party referred to in this section.
In such instances, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client.
Client's fund transfer requests will be performed from the Company's official website(s).
The Fund transfer requests are processed within the time period specified on the Company's official website.
The Company accepts no liability for bank charges and/or clearing costs by Payment Service Providers and / or Banks.
The Client acknowledges and accepts that the Company will credit the client's trading account only the net amount received in the company's Bank Accounts held for clients and any charges/fees from PSPs and Banks will paid by the Client.
The Client acknowledges that on the Company's website the charges, fees and costs for the transfer of funds to his/her account can be reviewed and the Company shall take every effort to notify Clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer.
Any charges imposed by the bank or payment service providers shall be paid by the client.
The Company may at its discretion charge a 2-2.5% fee per deposit which includes payment from a service provider and handling fees which will be paid by the Client additionally to the deposited amount.
For bank deposits, the Company will consider as deposit the net amount received in its bank accounts, subject to any applicable banking fees/charges/costs.
In case of a withdrawal, any applicable bank/PSP charges/fees/costs will be deducted by the Company prior to the return of the client's balance to his/her account.
The Company shall take every effort to update the fees and charges imposed by third party providers on its website in a timely manner, however it shall not be held responsible for any subsequent changes and/or inaccuracies by third parties such as PSPs and Banks beyond its control.
The Client acknowledges and agrees that the Company reserves the right to set off and may, at its discretion, from time to time and without the Client's authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client's obligation to the Company including but not limited for charges, fees, expenses and handling fees charged or incurred by the Company on behalf of the Client.
Unless otherwise agreed in writing between the Company and the Client, the Agreement shall not give rise to the rights of any credit facilities.
In certain cases, prior to the receipt of any funds from the Clients and as per their request, the Company might from time to time provide credit to Clients by depositing funds to their trading account(s).
In these cases where clients are using the credit funds for supporting their trading activity, they hereby declare, acknowledge, and accept that any amount of credit shall be paid back to the Company within 3 business days (the "Credit Repayment Timeframe") by depositing all the funds of the credited amount to the Company's designated Bank, EMI accounts and or Payment Service Providers.
Upon the Client's request, the Company at its sole discretion might extend by approving in writing the "Credit Repayment Timeframe".
Clients that they receive any Credit as described above, are further declare and accept that they have the legal obligation to repay the Company within the above "Credit Repayment Timeframe".
In cases where Clients fail to fulfil their obligations to pay any credit in full within the above timeframes, it immediately gives the right to the Company to cancel the amount credited (Credit), and the client accepts full responsibility for the outcome of the trading account due to the cancellation of the credit.
The Client has the right to withdraw only funds which are not used for margin coverage/ requirement and that are free from any obligations towards the company.
The Client accepts to clearly denote/provide all the required information and documentation that the Company may request at its own discretion for the verifying of the source of client's funds in order for us to comply with the applicable regulations on the prevention and suppression of money laundering and terrorist financing, anti-fraud and corruption.
Such documents may include among others copies of credit card, bank statements/IBAN certificates/ copies of SWIFT/SEPA for wire transfers, written confirmations from Banks and Card Issuers that the client is the true owner of the credit/ Debit/ Other card used and/or any other documentation to serve such purpose.
The Company may not approve and reasonably withhold any withdrawal request unless all requested documents and information are provided by the Client to its complete satisfaction.
The Client agrees that any amount of funds transferred by the Client from his/her bank account/Credit and or other Card/e-Wallet will be deposited to his/her trading account at the value date of the payment received in the Company's Client's account.
Any charges/fees/costs charged by the Bank Account and/or other payment service providers and/or any other intermediary Bank/Financial Institution involved in the process of his/her transaction/remittance shall be paid by the client.
To this effect, the client shall pay any fees/charges/costs as these may be imposed as a result of the transfer of funds.
In order for the Company to accept any deposits by the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the Client.
If these conditions are not met, the Company reserves the right to refund the amount deposited via the method used by the remitter minus any applicable fees/charges/costs imposed by the banking or payment service provider, as may be applicable.
When the Client is depositing funds to his/her account with the Company by using a Bank Transfer, the Client is required to use only one bank account, which is in his/her country of residence and in his/her name.
An authentic SWIFT confirmation or Transfer Confirmation, showing the origin of the funds, must be sent to the Company.
Failure to submit such SWIFT/Confirmation may result in the return of the deposited amount; hence preventing the deposit of such pending amounts to the Client's trading account.
Any withdrawal of funds, from the Client's trading account to a bank account, can only be refunded to the same bank account that the funds were originally received from.
The Company reserves the right to refuse a transfer of funds by the Client or on behalf of the Client and not to credit his/her trading account in the following cases:
In any of the cases mentioned herein the Company shall return any received funds to the sender with the same method that they were received, and the Client will be cover any relevant charges and fees of the bank or the Merchant provider/ Payment Service Provider.
Any charges/fees/costs imposed by payment service providers will be deducted and the Company shall return to the client's account the remaining balance.
In the event that any amount received in the Bank Accounts is reversed by the Bank Account or the merchant provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client's 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 the Client's trading account(s).
The Client agrees to waive any of his/her rights to receive any profits or interest earned in the funds held in the Bank Account where Client's funds are kept and/or on the deposited funds held by the Company on behalf of the Client and further acknowledges that the Company will be entitled to act as the beneficiary of such interest.
The Client shall be entitled to withdraw from his/her account any available funds that are not used for other obligations or charges or any amounts which require conditions to be fulfilled.
The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in the Agreement or AML/KYC Policy or delay the processing of the request it is not satisfied with the applicable KYC procedures and or other documentation provided by the Client.
The Client acknowledges and accepts that that any incurring bank / merchant fees will be paid by him/her in case of fund withdrawals from his/her trading account in order to credit his/her designated bank account.
The Client is fully responsible for the payment details that he/she provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank / merchant details.
Withdrawals should be made using the same method used by the Client to fund his/her trading account and to the same remitter.
The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the Client needs 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 additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client's trading account.
Fund transfer requests are processed by the Company on the same day that the request to withdraw funds is made, or the next working day if the client's request is received outside of normal trading hours.
It is noted however that delays may occur with the processing of such requests, as specified on the Company's website.
The provision of documentation or any other type of Client from time-to-time authentication as may be required by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of any withdrawal order.
The Client acknowledges that in the case where a Client's bank account held with the Company is frozen for any given period and for any given reason the Company assumes no responsibility and the Client's funds will also be frozen.
Furthermore, the Client acknowledges that (s)he has read and understood the additional information provided on each payment method available on the Company's website.
The Client acknowledges that the Company from time to time may decide to offer various base currencies.
The client shall bear all conversion charges/fees for not depositing funds in the base currency(ies) offered by the company and acknowledges that his/her deposit may be debited sums which due to exchange rates and credit card Companies' fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency.
The Client hereby accepts that such variations may occur, and he/she hereby affirms that shall not seek to object or charge this back.
Credit/ Debit card deposits will be returned to the same credit card when a withdrawal is performed.
A withdrawal to credit a bank account where the initial deposits have been performed by a credit card will be executed back to the credit card or to the bank account only at the Company's discretion but in such a case a withdrawal to credit a bank account may take a longer period, due to additional security procedures and documentation that will be requested from the Client.
The Client will bear any fees/costs/charges related to withdrawals either via bank or payment service provider and is entitled to pay for any conversion charges, if applicable.
The provision of Services by the Company is subject to the payment of fees, commissions and other associated costs and charges including brokerage fees, spread, commissions, swaps, handling, and other fees (hereinafter the "Fees") that the Company is entitled to receive from the Client for its Services provided as described in the Agreement, the contract specifications and on the Company's website.
The Company reserves the right to modify, from time to time, the size, the amounts and the percentage rates of any applicable fees, commissions, swaps and associated charges providing the Client with a respective notification of two (2) days before the implementation of such changes accordingly.
Notification can also be made via the Company's website and/or a relevant notification to the Client's email address provided to the Company during the registration process should be sent.
The Client understands that applicable fees, costs, and charges are presented in monetary form and as a percentage.
The Client acknowledges that prior to placing any orders with the Company has reviewed, understood, and accepted applicable costs, chargers and associated fees and how these are calculated and charged.
When providing a Service to a Client, the Company may pay or receive fees, commissions or other non-monetary benefits from third parties or introducing brokers as far as permitted by the Applicable Regulations.
In any case, the Company shall not deduct any fee from the Client's balance in order to pay any commission and/or fee to any Affiliates and/or introducing broker and/or business introducer.
It is stated that the Company shall not pay any fee and/or commission to any of the third parties based on the profit/loss of the Client.
To the extent required by law and/or the Client, the Company will provide information on such benefits to the Client on request.
Details of any tax obligations which the Company is required to pay on the Client's behalf will be stated to the Client.
The Client is also accountable for other taxes which are not collected by the Company and the Client should seek independent expert advice if he/she is in any doubt as to whether he may incur any further tax liabilities.
Tax laws are subject to change from time to time.
The Company is fully entitled to debit the account of the Client with the outstanding amount to be settled (excluding taxes payable by the Company in relation to the Company's income or profits).
In general, the Company does not collect taxes on behalf of any authority in any form or manner.
Without limiting the foregoing, it is the Client's obligation alone to calculate and pay all taxes applicable to him/her in his/her country of residence or otherwise arising as a result of his/her trading activity from the use of the Company's Services.
Without derogating from his/her sole and entire responsibility to perform tax payments, the Client agrees that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company.
The Client understands that amounts that may be withdrawn by him/her from his/her account are "gross amounts", from which the Company may deduct such taxes, and the Client will have no claim towards the Company with regard to such deductions.
The Client is solely responsible for all filings, tax returns and reports on any transactions which should be made to any relevant authority, whether governmental or otherwise, and for payment of all taxes (including but not limited to any transfer or value added taxes), arising out of or in connection with any Transaction.
Examination of application fees of $2-2.5% charges are applied to all new applications due to the administration costs incurred by the Company when examining clients' applications.
Examination of application fees shall be applicable at the sole discretion of the Company and may not be charged to any new applications.
The client acknowledges the imposition of a dormancy fee according to Section 19 below on all accounts which will be charged to all clients by the Company and before approving any requested withdrawal and/or before the Company returns any received funds to clients that their relationship was terminated due to their denial or omission or delay in providing the necessary and/ or requested identification documents and/or any other requested information to the satisfaction of the Company.
The Company further has the discretion to impose chargeback fees, where applicable as per the provisions hereinbelow.
Withdrawal requests will be processed Monday to Friday between 8am to 13:00 GMT.
Any request received before GMT 10.00 will be processed within the same day and requests received after GMT 10.00 will be processed the next working day.
Once the request has been approved by the Company, the Client shall allow an additional period of 5 to 7 days before his/her funds will be shown in the Client's account due to delays caused by the Banks and other Payment Providers.
The Company shall not be liable for any type of agreement that may exist between the Client and the introducing broker or affiliate or referring agents or for any additional costs that may arise as a result of the Agreement.
Prices quoted by the Company's are provided by its Liquidity Provider(s) in the manner set out in the enclosed Agreement.
Each price shall be effective and may be used in a dealing instruction prior to the earlier of its expiration time and the time, if any, at which it is otherwise withdrawn by the Company.
Each price shall be available for use in a dealing instruction for a transaction with a principal amount not to exceed a maximum determined by the Company.
The Client acknowledges that these prices and maximum amounts may differ from prices and maximum amounts provided to other Clients of the Company and may be withdrawn or changed without notice.
When the Company quotes a price, market conditions may move between the Company's sending of the quote and the time the Client's order is executed.
Such movement may be in Client's favor or against it.
Prices that may be quoted and/or traded upon, from time to time, by other third parties shall not apply to trades between the Company and the Client.
In line to clause 1.2 the Client acknowledge and accept that the Company's Privacy Policy is an integral part of this Agreement.
By entering into this Agreement, the Client agrees and acknowledges that the Company will process Personal Data as provided in the Company's Privacy Policy, which is available on the Company's website, as this may be amended from time to time by the Company.
The Company may collect client information directly from the Client e.g. during the completion of the Application Form to open a Trading Account, etc. or from other persons.
The processing of personal information is required in order to open a client’s trading account, access the Trading Platform and our services in line with this Agreement.
The Company will use, store, process and handle personal information provided by the Client (in case of a natural person) in connection with the provision of the services of the Company in accordance with our Privacy Policy.
The Company has the right to disclose Client information including recordings and documents of a private nature in the following circumstances:
The Client further acknowledges that he/she consents to the processing/transmission of personal data to third parties/associates of the Company in the context of business execution according to the Privacy Policy of the Company. Therefore, the Client is further informed that third parties, may have a legitimate interest in processing personal data of clients as a controller.
Telephone communications between the Client and the Company are recorded and kept by the Company and such recordings will be the sole property of the Company and shall be kept for such period of time as determined by the regulatory framework. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded. Recordings and/or transcripts may be used for any purpose which is deemed necessary such as in the resolution of any complaints and/or grievances you may have against the Company. The Client hereby agrees and consents to the use of the telephone records in the resolution of any complaints and/or settlements and/or to their admission as evidence in any legal or regulatory proceedings.
The Client accepts that the Company may, for the purpose of administering the Agreement of the Agreement, from time to time, make direct contact with the Client.
The Client accepts that the Company or any affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research.
For more details on how the Company processes personal data, the lawful basis for processing personal data, the right of the data subject, principles and other information can be found in the Company’s Privacy Policy available on our website.
The Client and the Company shall each have the right to terminate the business relationship with immediate effect by giving at least five (5) calendar day’s written notice to the other party.
The Company may terminate the business relationship immediately without giving any notice in the following cases:
Termination by any party will not affect any obligation which has already been incurred by either party in respect of any open position or any legal rights or obligations which may already have arisen under the Agreement or any transactions and deposit/withdrawal operations made thereunder.
Upon termination of the Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (and not limited to):
Upon Termination, the Company reserves the right to the following actions, without any prior notice to the Client:
Upon Termination if the balance in the Client’s account is positive, the Company will pay the amount of the balance after deducting any bank/transfer fees/charges to the Client as soon as is reasonably practicable and supply him/her with a statement showing how that balance has been calculated.
The Company shall take all reasonable measures to prevent or manage conflicts of interest between the officers and employees of the Company, including its managers, employees and tied agents, or any person directly or indirectly linked to it by control, and its Clients or between one Client.
The Company is legally obliged to comply with the applicable framework for the detection, prevention, and information dissemination on money laundering activities. In line with this, the Client shall understand that the Company shall request and obtain from Clients certain verification documents.
In the case where the Client fails to provide the Company with the necessary information in regard to the above the Company reserves the right not to execute orders on behalf of the Client or block the Client’s trading account. Any delays that might arise due to delay in the verification documents of the Client are not the responsibility of the Company.
A Force Majeure Event includes without limitation each of the following which makes it impossible or very impractical for the Company to comply with any of its obligation under the Agreement:
If the Company determines the existence of a Force Majeure Event (without prejudice to any other rights) the Company may without prior notice and at any time take any or all the following steps, as necessary:
Under the provisions of the Agreement, the Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations where such failure, interruption or delay is due to a Force Majeure event.
The Company shall not be held liable for any losses, costs, expenses, or damages suffered by the Client for any information, news, or data relating to transactions, market commentary, and any other information provided to the Client via any means including e.g. in newsletters which it may post on its website or provide to subscribers via its website, email or otherwise, and for any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any transaction in the specific circumstances set out in the Agreement any transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
The Company shall not be held liable for any loss or damage or expense incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company.
The Company shall in no circumstances be liable to the Client for any significant or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to these Agreement.
In case you placed a chargeback with your credit card company (either intentionally or unintentionally) for any deposit you made in your trading account with us, we reserve the right to charge the Client with a research and administrative processing fee. This fee will be used to cover all investigative expenses to prove that the deposit was made by the Client upon receiving the chargeback from the Company’s merchant provider/payment service provider.
We do not tolerate credit card fraud or any other type of fraud and as such will be fully investigated and pursued under the law and relevant court proceedings to the fullest extent. Any losses resulting on our behalf will be fully pursued in a civil lawsuit to claim back any losses incurred.
Any chargebacks made to the Company will be regarded as fraudulent if no efforts are made by the Client to help resolve any issues related to a deposit. All frivolous chargebacks result in operations and time costs for our Company, thus:
In addition, the Company has the sole discretion to close any (and all) of the Client’s Trading Accounts with us in such cases. Any active orders will also be cancelled immediately if associated with the same fraudulent credit card and/or account.
The Client has fifteen (15) calendar days to cancel the chargeback or to reimburse the amount back to the Company via a bank transfer.
Any chargeback case that is made against the Company and is not successful, will result in the sum being reimbursed to the Company along with charges for any research, administration and processing performed.
If the Client reimburses the Company with the disputed amount via bank transfer or if the Client cancels the chargeback, and the cancellation has been officially confirmed to the Company by the payment service provider or the bank, then the Company will not charge any fees.
In addition, in case of chargeback, dispute, retrieval or any type of fraudulent transaction, regardless of the outcome of the chargeback case, the Company reserves the right to block the Client’s online trading facility and/or not reactivate it and/or terminate his/her account with us. Consequently, any profits or revenues may be seized, and we reserve the right to inform any third party. We are continually developing tools to monitor any fraudulent activity and any cases from such activity will be decided on by ourselves and any decision made shall be final and non-negotiable.
The Company reserves its right, on its own sole discretion and without prior notice being required, to close or/and suspend any Trading Account (s) or/and cancel all transactions or/and waive/invalid any profits derived from trading strategies that specialise in profiting from small price changes such as scalping and/or sniping. Any indication or suspicion, in the Company’s discretion, of any form of scalping and/or sniping or/and other form of deceitful techniques will result in all transactions carried out and/or profits garnered as invalid/voided. Under these circumstances, the Client accepts that will bear any loss affected.
The Company reserves the right to deduct the disputed amount until any investigation from our side is completed.
The Company reserves the right to grant bonuses or other promotions to its clients as such will be communicated on its website. To this effect, Clients are encouraged to refer to the Company’s website for the latest Bonuses. The present Agreement shall be read in conjunction with the Bonus Agreement as published on the Company’s website or provided to you.
The Company reserves the right to amend, modify, update and change any of the Agreement, from time to time, and to notify the Client via email for any such amendment, modification or change by publishing the new version of the Agreement on the relevant page of the Company’s websites. Any modified version of the Agreement will take effect five (5) calendar days after its publication on the Company’s website and the Client’s continued use of the Services or the Software after the aforementioned five calendar days will be deemed to constitute the Client’s acceptance of the changes to the present Agreement.
The Client accepts and acknowledges that is responsible for ensuring that is aware of the correct, current Agreement and is advised to check for updates on a regular basis. The Client also accepts and acknowledges that a variation that is made to reflect a change of law or regulation may, if necessary, take effect immediately. The Company, for protection of rights and interests of its Clients have the right to notify them about the changes of the provisions of the Agreement by other means except its websites such as: via email, phone, fax and/or other means, at these determined Agreement of entry into effect may be reduced.
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