This Agreement is entered into by and these Terms & Conditions (hereinafter referred to
as the “Agreement”) shall regulate the relationship between TopMarketTrades LTD,
(hereinafter referred to as the “Company”), and the user (a natural or legal entity)
(hereinafter referred to as the “Client”) of TopMarketTrades (hereinafter referred as the
“Website”).
The Client confirms that he/she has read, understood and accepted all information,
conditions and terms set out on the Website which are open to be reviewed and can be
examined by the public and which include important legal Information.
By accepting this Agreement, the Client agrees and irrevocably accepts the terms and
conditions contained in this Agreement, its annexes and/or appendices as well as other
documentation/information published on the Website, including without limitation to the
Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order Execution Policy
and Anti-Money Laundering Policy. The Client accepts this Agreement by registering an
Account on the Website and depositing funds. By accepting the Agreement, and subject to the
Company’s final approval, the Client enters into a legal and binding agreement with the
Company.
The terms of this Agreement shall be considered accepted unconditionally by the Client upon
the Company’s receipt of an advance payment made by the Client. As soon as the Company
receives the Client's advance payment, every operation made by the Client on the Trading
Platform shall be subject to the terms of this Agreement and other documentation/information
on the Website.
The Client hereby acknowledges that each and any Operation, activity, transaction, order
and/or communication performed by him/her on the Trading Platform, including without
limitation through the Account, and the Website, shall be governed by and/or must be
executed in accordance with the terms and conditions of this Agreement and other
documentation/information on the Website.
By accepting this current agreement, the Client confirms that he/she is able to receive
information, including amendments to the present Agreement either via email or through the
Website.
A client that is a legal entity can register with the Company not through the Website but
by sending an email with its request to . All terms and and conditions contained herein,
including without limitation to 1 to 5 above, shall at all times be applicable to the Legal
Entity and the latter shall conform with such terms and conditions, obligations and rights
at all times.
Terms
Account – means a unique personified account registered in the name of the Client and which
contains all of the Client’s transactions/ operations on the Trading Platform (as defined
below) of the Company.
Ask - means the higher price in a quote. The price the Client may buy at.
Bid - means the lower price in a quote. The price the Client may sell at.
CFD (contract for difference) - means a tradeable contract entered into between the Client
and the Company, who exchange the difference in the value of an Instrument, as specified on
the Trading Platform at the time of opening a Transaction, and the value of that Instrument
at the contract’s end.
Digital Option Contract - means a type of derivative instrument where the Client earns a
payout if they correctly predict the price movement of the underlying asset at the time of
the option’s expiry. The prediction can be made as to whether the value of the underlying
asset will fall above or below the strike price at time of expiration. Should the option
expire at the selected strike price, it will be considered to expire out-of-the money and
will result in the loss of the invested amount.
Execution - means the execution of Client order(s) by the Company acting as the Client's
counterparty as per the terms of the present agreement.
Financial Instruments - means the Financial Instruments as per paragraph 2.4 below that are
available on the Company’s Trading Platform.
KYC documents - means the documents to be provided by the Client, including without
limitation to the a copy of the passport or ID and utility bill of the Client, in case it is
a natural person and/or certificates showing the management and ownership going all the way
up to the ultimate beneficial owner, in case it is a legal entity, and any other documents
the Company may request upon its sole discretion
Market - means the market on which the Financial Instruments are subject to and/or traded
on, whether this market is organized / regulated or not and whether it is in St. Vincent and
the Grenadines or abroad.
Market Maker - means a company which provides BID and ASK prices for financial instruments.
Operations – means actions performed at the Client’s Account, following an order placed by
the Client,, connected with but not limited to crediting of funds, return of funds, opening
and closing of trade transactions/positions and/or that relate to financial instruments.
Prices - means the prices offered to the Client for each transaction which may be changed
without prior notice. Where this is relevant, the “Prices” given through the Trading
Platform include the Spread (see definition below).
Services – means the services described in section 3 of this Agreement.
Spread - means the difference between the purchase price Ask (rate) and the sale price Bid
(rate) at the same moment. For avoidance of doubt, a predefined spread is for the purposes
of this Agreement assimilated commission.
Trading Platform - means an electronic system on the internet that consists of all programs
and technology that present quotes in real-time, allow the placement/modification/deletion
of orders and calculate all mutual obligations of the Client and the Company.
Subject of the Agreement
The subject of the Agreement shall be the provision of Services to the Client by the
Company under the Agreement and through the Trading Platform.
The Company shall carry out all transactions as provided in this Agreement on an
execution-only basis, neither managing the account nor advising the Client. The Company is
entitled to execute transactions requested by the Client as provided in this Agreement even
if the transaction is not beneficial for the Client. The Company is under no obligation,
unless otherwise agreed in this Agreement and/or other documentation/information on the
Website, to monitor or advise the Client on the status of any transaction, to make margin
calls, or to close out any of the Client’s open positions. Unless otherwise specifically
agreed, the Company is not obligated to make an attempt to execute the Client’s order using
quotes more favorable than those offered through the Trading Platform.
General Provisions
The Company will offer Services to the Client at the absolute discretion of the Company
subject to the provisions of this Agreement.
The Client is prohibited and shall not, under no circumstances, be allowed to execute any
transactions/Operations on the Trading Platform, Website and/or through his/her Account,
that would as a result exceed the total balance and/or amount of money deposited/maintained
with his/her Account. Such deposited amounts shall be considered to have been provided as
collateral, either in the form of a lien or otherwise, to the Company by the Client by which
the obligation of the Client to pay any money to the Company is secured.
Services of the Company
Services – services provided by the Company to the Client through the Trading Platform of
the Company, including without limitation to customer, analytics, news and marketing
information services.
The Company shall facilitate the execution of trade activities/orders and/or transactions
of the Client but the Client hereby acknowledges and accepts that the Company shall not at
any time provide any trust services and/or trading consultation or advisory services to the
Client.
The Company shall process all transactions/Operations of the Client in accordance with the
terms and conditions of this Agreement and on an execution-only basis. The Company shall not
manage the Client’s Account nor advise the Client in any way.
The Company shall process the orders/transactions requested by the Client under this
Agreement irrespective of whether such orders/transactions may result to not being
beneficial for the Client. The Company is under no obligation, unless otherwise agreed in
this Agreement and/or other documentation/information on the Website, to monitor or advise
the Client on the status of any transaction/order, to make margin calls to the Client, or to
close out any of the Client’s open positions. Unless otherwise specifically agreed, the
Company is not obligated to process or attempt to process the Client’s order/transaction
using quotes more favorable than those offered through the Trading Platform.
The Company shall not be financially liable for any operations conducted by the Client
through the Account and/or on the Trading Platform.
Each Client shall be the only authorized user of the Company’s services and of the
corresponding Account. The Client is granted an exclusive and non-assignable right to the
use of and to access the Account and it is his/her responsibility to ensure that no other
third party, including, without limitation, to any next of kin and/or to members of his/her
immediate family, shall gain access to and/or trade through the Account assigned to her/him.
The Client shall be liable for all orders given through his security information and any
orders received in this manner by the Company shall be considered to have been given by the
Client. So long as any order is submitted through the Account of a Client, the Company shall
reasonably assume that such orders are submitted by Client and the Company shall not be
under any obligation to investigate further into the matter. The Company shall not be liable
to and/or does not maintain any legal relations with, any third party other than the Client.
If the Client acts on behalf of any third party and/or on behalf of any third party’s name,
the Company shall not accept this person as a Client and shall not be liable before this
person regardless if such person was identified or not.
The Client has the right to cancel his order given to the Company within 3 seconds after
the moment of giving such order to the Company (hereinafter referred to as the
“Cancellation”). The client agrees and understands that the three seconds cancellation
option offered by the Company is applicable and available for the client as long as the
price remains unchanged. Three seconds from the moment of giving the order to the Company by
the Client via the platform, the Company may (but is not obliged to) offer to buyout the
option from the Client and the Client have the right to agree to such offer (hereinafter
referred to as the “Buyout”). The Client is entitled to use such Cancellation or Buyout
option subject to the conditions specified on the platform. Such conditions can also include
the fee charged by the Company. Such fee is specified on the platform. The Company is
obliged to provide all necessary information as to the conditions of Cancellation and
Buyout, their cost, etc. The Client acknowledges and agrees that provision of such
information on the platform is sufficient. The Client acknowledges and agrees that the use
of Cancellation or Buyout is very risky to the Client as long as the cost of Cancellation
and/or Buyout depends on the market situation. The Client acknowledges and agrees that he
bears all the risks associated with the use of Cancellation and/or Buyout.
The Client is entitled to use such Cancellation or Buyout option subject to the conditions
specified on the Trading Platform/Website, including without limitation to any fee to be
charged by the Company. The Company shall be obliged to provide all necessary information as
to the conditions of Cancellation and Buyout, including any applicable costs, etc. The
Client acknowledges, accepts and agrees that provision of such information on the Trading
Platform is sufficient. The Client acknowledges, accepts and agrees that the use of
Cancellation or Buyout option entail large risks for the Client, especially in the case
where the costs associated with Cancellation and/or Buyout, depend on the market situation.
The Client acknowledges, accepts and agrees that he/she shall bear all risks associated with
the use of Cancellation and/or Buyout option.
It is understood and agreed by the Client that the Company may from time to time, at its
sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of
receiving payment execution services. These funds will be held in segregated accounts from
such third party’s own funds and will not affect the rights of the Client to such funds.
The Company offers internal live chats where clients can share inter alia their trading
ideas and/or express their general thoughts. The client acknowledges and agrees that the
Company’s live chat feature is not and will not constitute a valid and/or accurate
information and/or information addressed to the clients/potential clients and/or in any way
information that is controlled by the Company and/or investment advice, as it is merely a
feature allowing clients to inter alia express their thoughts and ideas between themselves.
Provision of investment advice shall only be carried out by the Company subject to a
separate written agreement with the Client and after assessing the Client’s personal
circumstances. Unless such written agreement has been entered into between the Client and
the Company, the provision of reports, news, opinions and any other information by the
Company to the Client does not constitute investment advice or investment research.
Execution of Orders / Electronic Trading
By accepting this Agreement, the Client accepts that he has read and understood all
provisions of this Agreement and related information on the Website. The Client accepts and
understands that all orders received shall be executed by the Company as the counterparty of
the transaction in its capacity of Market Maker. The Company shall act as a principal and
not as an agent on the Client’s behalf for the purpose of the Execution of orders. The
Client is informed that Conflicts of Interest may arise because of this model.
Reception of the order by the Company shall not constitute acceptance and acceptance shall
only be constituted by the execution of the order by the Company.
The Company shall be obliged to execute the Client's orders sequentially and promptly.
The Client acknowledges and accepts a) the risk of mistakes or misinterpretations in the
orders sent through the Trading Platform due to technical or mechanical failures of such
electronic means, b) the risk of any delays or other problems as well as c) the risk that
the orders may be placed by persons unauthorised to use and/or access the Account, and the
Client agrees to indemnify the Company in full for any loss incurred as a result of acting
in accordance with such orders.
The Client accepts that during the reception and transmission of his/her order, the Company
shall have no responsibility as to its content and/or to the identity of the person placing
the order, except where there is gross negligence, willful default or fraud by the Company.
The Client acknowledges that the Company will not take action based on the orders
transmitted to the Company for execution by electronic means other than those orders
transmitted using the predetermined electronic means such as the Trading Platform, and the
Company shall have no liability towards the Client for failing to take action based on such
orders.
The client acknowledges and agrees that any products or services that may be offered by the
Company may not always be available for purchasing or use for trading purposes, and it is in
the Company's absolute discretion whether it will make these products available or not to
the clients at any time. The Company shall bear no liability, monetary or otherwise, in
relation to this section, including without limitation to not making available any product
at any given time.
Limitation of Liability
The Company does not guarantee uninterrupted service, safe and errors-free, and immunity
from unauthorized access to the trading sites' servers nor disruptions caused from damages,
malfunctions or failures in hardware, software, communications and systems in the Client's
computers and in the Company's suppliers.
Supplying services by the Company depends, inter alia, on third parties and the Company
bears no responsibility for any actions or omissions of third parties and bears no
responsibility for any damage and/or loss and/or expense caused to the Client and/or third
party as a result of and/or in relation to any aforesaid action or omission.
The Company will bear no responsibility for any damage of any kind allegedly caused to the
Client, which involves force majeure or any such event that the Company has no control of
and which has influenced the accessibility of its trading site.
Under no circumstances will the Company or its Agent(s) hold responsibility for direct or
indirect damage of any kind, even if the Company or its Agent(s) had been notified of the
possibility of aforesaid damages.
Settlement of Transactions
The Company shall proceed to a settlement of all transactions upon execution of such
transactions.
An online statement of Account will be available for printing to the Client on the Trading
Platform of the Company, at all times.
Indemnity and Liability
The Client shall indemnify and keep indemnified the Company and its directors, officers,
employees or representatives against all direct or indirect liabilities (including without
limitation all losses, damages, claims, costs or expenses), incurred by the Company or any
other third party in respect to any act or omission by the Client in the performance of
his/her obligations under this Agreement and/or the liquidation of any financial instruments
of the Client in settlement of any claims with the Company, unless such liabilities result
from gross negligence, willful default or fraud by the Company. This indemnity shall survive
termination of this Agreement.
The Company shall not be liable for any direct and/or indirect loss, expense, cost or
liability incurred by the Client in relation to this Agreement, unless such loss, expense,
cost or liability is a result of gross negligence, willful default or fraud by the Company.
Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to
the Client whether in tort (including negligence), breach of statutory duty, or otherwise,
for any loss of profit, or for any indirect or consequential loss arising under and/or in
connection with the Agreement.
The Company shall not be liable for any loss of opportunity as a result of which the value
of the financial instruments of the Client could have been increased or for any decrease in
the value of the financial instruments of the Client, regardless of the cause, unless such
loss is directly due to gross negligence, willful default or fraud on the part of the
Company.
The Company shall not be liable for any loss which is the result of misrepresentation of
facts, error in judgment or any act done or which the Company has omitted to do, whenever
caused, unless such act or omission resulted from gross negligence, willful default or fraud
by the Company.
The Company shall not be liable for any act or omission or for the insolvency of any
counterparty, bank, custodian or other third party which acts on behalf of the Client or
with or through whom transactions on behalf of the Client are carried out.
Personal Data
By accepting the terms and conditions of this Agreement, the Client irrevocably consents to
the collection and processing of his/her personal data/information by the Company without
the use of automatic controls, as the same are provided by him/her to the Company. The term
personal data for the purposes of this Agreement shall mean: the Name, Surname, Patronymic,
gender, address, phone number, e-mail, IP address of the Client, Cookies and information
that relate to the provision of Services to the Client (for example, the Client’s trading
story).
The Client shall be obliged to provide correct, accurate and complete personal
data/information as requested by the Company.
The purpose of collecting and processing the personal data is to comply with applicable
regulating legislation requirements, including without limitation to anti-money laundering
regulations, as well as for any and all purposes in relation to this Agreement, including
without limitation to enable the Company to discharge its obligations towards the Client.
The Client acknowledges and consents to that, for the purposes described at the section
directly above, the Company shall be entitled to collect, record, systematize, accumulate,
store, adjust (update, change), extract, use, transfer (disseminate, provide, access),
anonymize, block, delete, destroy such personal data and/or perform any other actions
according to the current regulating legislation.
The Client acknowledges and consents to the Company storing, maintaining and processing
his/her personal data in the manner as described in this Agreement during the term of the
Agreement and for 5 years following any termination of the Agreement.
The Client hereby acknowledges, accepts, agrees and consents to the disclosure of personal
data by the Company to third parties and their representatives, solely for the purposes of
the Agreement, including without limitation in order to facilitate processing/execution of
the Client’s orders/Operations, provided that at all times (i) the amount of personal data
to be disclosed to any such third party is proportionate and/or limited solely to facilitate
to the actions as described above, and (ii) the Company shall ensure that such third party
shall treat the personal data in accordance with applicable laws and regulations.
The Company shall not be entitled to make available the personal data in public and/or
disclose such personal data for any other purposes, subject to disclosure required under
applicable laws and regulations.
During processing of the personal data, the Company shall take necessary legal,
organizational and technical measures to protect such personal data from unauthorized or
accidental access, destruction, change, blocking, copying, provision, and dissemination as
well as from any other illegal actions.
Assignment
The Agreement shall be personal to the Client and the Client shall not be entitled to
assign or transfer any of his/her rights or obligations under this Agreement.
The Company may at any time assign or transfer any of its rights or obligations under this
Agreement to a third party. The Company shall notify the Client of any such assignment.
Risk Statement
The Client hereby confirms to have read, understood and hereby accepts the risk statement
relating to the use of Services on the Website, as the same is available electronically via
the Website.
The Client hereby confirms to have read, understood and hereby accepts the risk statement
relating to the use of Services on the Website, as the same is available electronically via
the Website.
Charges and Fees
The Company shall be entitled to receive a fee from the Client regarding the Service(s),
provided by the Company.
The Company may pay fee/commission to business introducers, referring agents, or other
third parties based on written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters.
The Company may pay fee/commission to business introducers, referring agents, or other
third parties based on written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters. All applicable fees or charges can
be found on the Company’s Website (General Fees). The Company has the right to amend its
fees and charges from time to time.
Ongoing trading fees, including inter alia swaps, shall be charged and deducted from the
Client’s account balance. In case the Client does not maintain enough funds in his/her
balance, the relevant position subject to swap will be closed by the Company.
The Client agrees that any amounts sent by the Client will be deposited to the Account at
the value on the date of the payment received and net of any charges / fees charged by the
bank or any other intermediary involved in such transaction process and/or in any other
case, the Client shall authorize the Company to withdraw the fee by way of transfer from the
Client’s Account.
Duration and Termination of the Agreement
The Agreement herein shall be concluded for an indefinite term.
The Agreement herein shall come into force when the Client accepts the Agreement and makes
an advance payment to the Company.
In case of any discrepancies between the text of the Agreement in English and its
translation in any other language, the text of the Agreement in English as a whole shall
prevail, as well as the English version/text of any other documentation/information
published on the Website.
The Company shall be entitled to terminate this Agreement immediately without giving prior
notice if the Client fails to provide to the Company his/her KYC documents within 14 days
from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an
unverified Account.
In case of termination of this Agreement for a reason indicated in section 15.b, subclauses
i, ii and x of this Agreement the Company shall have no liability towards the Client and no
obligation to pay the profit of the Client (if any).
In case of termination of this Agreement for a reason indicated in sections 15.a of this
Agreement, the Company shall have either to wire to the Client the remaining balance or to
give to the Client the opportunity to withdraw his/her remaining balance. In case of
termination of this Agreement for a reason indicated in section 16.b of this Agreement, the
Company shall have to wire to the Client the remaining balance excluding any profit.
Terms and Conditions for 1-Click Service
The Client shall agree to make a deposit to his/her Account to use the Company Services or
any other additional services ordered by the Client on the Website as well as all additional
expenses (if necessary), including but not limited to any taxes, duties, etc. The Client
shall be completely responsible for timely depositing the funds into his/her Account.
Provider of payment services shall ensure only fulfillment of payment in the amount defined
by the Site and shall not be liable for payment of the above-mentioned additional amounts by
the Website’s Client.
The payment is considered to be processed and cannot be returned after clicking the
“Payment” button. By clicking the “Payment” button, the Client shall agree that he/she
cannot return the payment or require its recall. Additionally, by accepting the terms and
conditions herein contained , the Client as the owner of the payment card confirms that
he/she shall be entitled to use the Services offered on the Website.
By accepting the terms and conditions of this Agreement and depositing funds to the
Account, the Client agrees to the use the Website’s Services and accepts that the processing
of any of the Client’s payment shall be executed by a provider of payment services, being a
third party to this Agreement (the “Provider”), and the Client further acknowledges and
accepts that no legal right exists for return of already purchased Services or other options
of payment cancellation. In case if the Client is willing to refuse from using the 1-Click
service for the next purchase of the Service, the Client can refuse from 1-Click service
using the Account on the Website.
Note that 1-click deposits (recurring payments) are not processed as 3-D secure
transactions, the client needs to enable 3-D secure function if he would like the payments
to be processed as 3-D secure, as it's vital information in regards to BTC withdrawal
policy.
The Provider shall not be in any case liable for the refusal/impossibility to process the
data connected with payment card of the Client, or for the refusal connected with failure to
obtain permission from the issue bank to process payment using the payment card of the
Client. The Provider shall not be in any case liable for quality, amount, and price of any
service, offered to the Client or purchased by the Client of the Website using the payment
card of the Client. Paying for any Services of the Website the Client first of all shall be
obliged to fulfill the rules of using the Website. We are asking to consider that only the
Client as the owner of the payment card shall be liable for timely payment of any service
ordered via the Website and for all additional expenses/fees connected with this payment.
The Provider shall only be the performer of payment in the amount specified by the Website
and shall not be in any case liable for any pricing, general prices and/or total sums.
In case of the situation connected with the Client’s dissent with the terms mentioned above
and/or any other reasons, we are asking the Client to promptly refuse from making a payment
and to directly address the administrator/support of the Website if necessary.
Annex 1 - General Terms
Technical Regulation
The Client’s Responsibility
The Client acknowledges that these General Terms are an integral part of this Agreement.
It is the Client's responsibility to verify that all transactions and Service(s) received
are not contradictory to any applicable law and to undertake any other legal duty emanating
from the use of Website at the Client’s sole option, discretion and risk, and the Client is
solely responsible for ascertaining whether it is legal in the Client's jurisdiction and/or
place of residence. The Client holds sole liability for all transactions in his Trading
Account, including all cards transactions or other means of deposit and withdrawal
transactions (as stated below). The Client acknowledges that the Company reserves the right
to accept or decline any deposit and/or funding and/or withdrawal request by the Client
depending on the payment method that the Client chooses (which includes but is not limited
to the third party financial institution from which the Client wishes to deposit/withdraw
funds with the Company (Third Party Institutions)), and the Company may suggest to the
Client an alternative for its request. It is important to note that the Company does not
have and cannot in any way have any, control over such Third Party Institutions and any
transactions made by the Client through the Platform using such institutions and it is
hereby acknowledged and agreed that the Company shall bear no liability, monetary or
otherwise, in relation to any loss of funds incurred by the Client pursuant to any actions
or omissions of Third Party Institutions.
The Client is responsible for securing his/her Username and Password for his Trading
Account. The Client holds sole responsibility for any damage caused due to any act or
omission of the Client causing inappropriate or irregular use of the Client Trading Account.
It is clearly stated and agreed by the Client that the Client bears sole responsibility for
any decision made and/or to be made by the Client relying on the content of the Website and
no claim and/or suit of any kind will arise to that effect against the Company and/or its
directors and/or employees and/or functionaries and/or Agents (the Company and/or its
Agents). The Company and/or its Agents will hold no responsibility for loss of profits due
to and/or related to the Website, Transactions carried out by the Client, Services and the
General Terms of use or any other damages, including special damages and/or indirect damages
or circumstantial damages caused, except in the event of malicious acts made by the Company.
Without limitation of the aforesaid and only in the event of definitive judgment by court
or other authorized legal institution resolving that the Company and/or its Agent(s) hold
liability towards the Client or third party, the Company's liability, in any event, will be
limited to the amount of money deposited and/or transferred by the Client to the Trading
Account in respect of the transaction which caused the liability of the Company and/or its
Agent(s) (if such was caused).
No Trading Account will be approved without the completion of the Company’s compliance
procedures, including the identification and verification of the Account.
Risks
The value of the Financial Instruments offered by the Company may increase or decrease. The
Client acknowledges that they fully understand the risks involved in trading CFDs (and other
similar products), including, but not limited to, the risk of loss of all funds.
CFD Trading does not give you any right to the underlying instrument of the Transaction.
This means that you do not have any interests in, or the right to purchase any underlying
shares in relation to such instruments because the CFDs represent a notional value only.
Virtual currencies are complex and high-risk products, and their prices fluctuates widely;
as such, they entail the risk of losing the entire invested capital. Trading
cryptocurrencies may result in significant loss over a short period of time. Clients should
not trade in virtual currencies in case they do not have the necessary knowledge and
expertise in these products.
The Client acknowledges that he has read, understood and accepted the Company’s risk
disclosure information found on the Company’s Website.
Financial Information
The Company should not be held responsible for any losses that the Client may incur (or to
third party) due to reliance on inaccurate or erroneous financial information on the
Website.
The Client should verify the accuracy and reliability of the information on the Website and
its appropriateness in comparison with other dependable information sources. The Company
will not be held responsible for any allegedly caused claim, cost, loss or damage of any
kind as a result of information offered on the Website or due to information sources used by
the Website.
The Client approves and accepts that any oral information given to him/her in respect of
his Trading Account might be partial and unverified. The Client accepts sole risk and
responsibility for any reliance on the aforementioned information. The Company does not give
any warranty that pricing or other information supplied by it through its trading software
or any other form is correct or that it reflects current market conditions.
Quotes
The Client acknowledges that the only reliable source of quote flow information is the main
server for customer requests. The quotes on the Trading Platform cannot serve as a reliable
source of information about the real quotes flow, as in the case of unstable connection
between the Trading Platform and the server part of the quotes from the flow may not reach
the Trading Platform.
The graphs displayed on the Trading Platform are indicative. Thus, the Company does not
guarantee that the transaction will be made at the same prices specified on the graphs in
the Trading Platform at the time of submission of the other customer transactions.
The price displayed on the Trading Platform is formed by the formula (Bid+Ask)/2.
Non-market quote – the price in the Trading Platform which does not correspond to the price
on the market at this moment of time (hereinafter referred to as the “Non-market price”).
Copyright
Copyrights and Intellectual Property (IP) on the Website are the Company's property or of
third parties which have authorized the Company to use such IP on the Website and
Service(s). It is forbidden to copy, distribute, duplicate, present in public, or deliver
the copyrighted material, in whole or in part, to third parties. It is forbidden to alter,
advertise, broadcast, transfer, sell, distribute or make any commercial use of the
copyrighted material, in whole or in part, except with duly signed prior permission from the
Company.
Unless explicitly stated otherwise, any material and/or message, including without
limitation, idea, knowledge, technique, marketing plan, information, questions, answers,
suggestions, emails and comments (hereinafter – “Information”) delivered to the Company
shall not be considered the Client's confidential or proprietary right of. Consent to the
Agreement will be considered as authorization to the Company to use the entire Clients'
Information (excluding Clients' Information designated for personal identification), at the
absolute and sole discretion of the Company without requirement of any additional permission
from the Client and/or the payment of any compensation due to such use.
Client undertakes that any notice, message or any other material supplied by the Client
shall be appropriate and shall not harm other persons including their proprietary rights.
Client shall refrain from uploading or sending any illegal and/or harmful and/or disturbing
to other Clients material, and is strictly forbidden from taking any action, which might
damage the Company.
Content and Third Parties’ Websites
The Website might include general information, news, comments, quotes and other information
related to financial markets and/or advertising. Some information is supplied to the Website
by unaffiliated companies.
The Company does not provide investment research. All news, comments, quotes and other
information related to financial markets published by the Company are of
promotional/marketing nature only.
The Company does not prepare, edit or promote the information/links and/or other
information provided by unaffiliated companies.
The Company will not be liable for the content of any third-party websites or the actions
or omissions of their proprietors nor for the contents of third party advertisements and
sponsorship on those websites. The hyperlinks to other websites are provided for information
purposes only. Any Client and/or potential client use any such links at his/her own risk.
Processing of Client Orders to Open Positions
If the amount of available funds is sufficient to open a position - the position will be
opened.
If the size of the available funds is insufficient to open a position - the position will
not be opened.
The Client’s order to open a position is processed, and the position is opened only after
the corresponding entry in the server log file. Each new position is assigned with a serial
number.
Processing of Client Orders to Close Positions
Closing of trading position occurs at the current price at the trading server at the moment
of closing of the trading operation.
OTC Assets
OTC Asset or “over the counter” is an asset that traded out of the regular market
(hereinafter referred to as the “Asset”).
The Asset’s price is formed from data for trade requests and orders of the Clients,
received by the Company.
The Client acknowledges that by making trade requests and orders on such Asset, he/she
understands the essence of the work of such an Asset and the pricing algorithm of the Asset.
The Client acknowledges that by making trade requests and orders on such Asset, he/she
admits that the only reliable source of quoting information is the main server for the trade
orders of the Clients.
Benefits
The Company may provide benefits to clients, including but not limited to, VIP status,
tournaments and/or other privileges (“Benefits”), at its absolute discretion and subject to
fulfilling the required conditions. The Client acknowledges and accepts:
The Company reserves the right, without prior notification, to amend or cancel any of the
Benefits provided at any time for any reason;
Conditions are subject to change at any time and may vary depending on each region;
It is prohibited to abuse any of the privileges provided by the Company (e.g. creating
multiple trading accounts to claim these Benefits);
The client may submit a request to to stop receiving such Benefits at any time.
