Before completing your registration with Jones Mutual, make sure to carefully read and understand the below terms
Date of last revision: April, 23rd.2018
- This Agreement is executed by and between GreenRiver OU with registered address Harju maakond, Tallinn, Keslinna linnaosa, Parda tn 4, 10151, Estonia – with MTR Financial Services License FRK000098 and FRK000118. (The “Company”), operational address 77 Sir John Rogerson’s Quay, Grand Canal Docklands, Dublin, Ireland and the Client, a physical or legal person (the “Client”). GreenRiver OU owns and operates the site. Transactions made on https://www.jonesmutual.com will be represented on your billing statement as JonesMutual +353 -76 680 5512.
- GENERAL TERMINOLOGY
- This Agreement is executed by and between GreenRiver OU with registered address Harju maakond, Tallinn, Keslinna linnaosa, Parda tn4, 10151, Estonia. (The “Company”), and the Client, a physical or legal person (the “Client”). The Company owns and operates the site. Clearing and billing services are provided by GreenRiver OU.
- The Company may amend or update any or all terms of this Agreement any time based on its needs and activity in its sole discretion as long as a current and accurate version remains accessible to the Customers of the Company’s website. Changes take effect on the date the amended terms are uploaded to the official website. You hereby acknowledge and accept this to be valid. Visitors are responsible for keeping themselves up-to-date with the latest amendments. As of the day this document is published on the Company’s website, all amendments to this document are in full force. You are asked to refrain from using or accessing the Company’s services, should you not agree to be bound by the changes to the Terms and Conditions of this agreement, and immediately inform us in writing. Use of the Company’s website constitutes acceptance of any amended terms, guidelines and/or policies valid at the time of visit as per the date of last revision of the Terms and Conditions.
- Any rights or obligations under this Agreement are not transferable to any third party.
- DEFINITION OF TERMS
Unless otherwise stated in this Agreement, the following definitions are valid for the terms used in this Agreement:
- The Company System is offered to individual or legal persons residing outside of the EU and available solely for use by individuals or companies eligible to enter into binding legal contracts according to applicable jurisdiction in their country of residence. With your registration as a commercial entity, you declare that you have the legal authority to act on behalf of that entity and enter this legal agreement.
- “Financial Contract” or “Contract” is a or other financial products the Company offers through the system;
- “Online Trading” is any activity that involves buying or selling of financial instruments through the online system;
- “Contract Price” is the asset rate presented by the System based on “indicative” rates and enhanced with information from various financial systems referring to the current updated contract rates for the specific instrument on the financial markets;
- “Markets“ are any international financial markets, dealing with any type of financial instruments with fixed contract rates on free trades;
- “Business Day” is a single calendar day starting at 00:00 and going through 23:59 GMT;
- “Order” is the action of buying and selling of a Financial Contract at a fixed price;
- “Closing” is the act of closing an open position, or concluding a contract entered previously (example: selling a financial contract, which was previously purchased or the other way round);
- “Collateral” is the original sum deposited by the Customer with the Company after possible deduction losses, withdrawals, and adding any profits derived from orders.
- ELIGIBILITY FOR MEMBERSHIP
- The Company System is offered to individual or legal persons residing outside of the EU and available solely for use by individuals or companies eligible to enter into binding legal contracts according to applicable jurisdiction in their country of residence. With your registration as a commercial entity, you declare that you have the legal authority to act on behalf of that entity and enter this legal agreement.
- Anyone under the age of 18, or the minimum mandated legal age in the country of residence (“Minors”), and/or persons otherwise unfit to execute legally binding contracts under the laws of their country of residence for any reason, cannot and shall not use any of the online services the Company offers. To avoid any doubt in regards to those individuals who have not reached the age of majority, you are not eligible for use of the companies’ services, if you are considered a minor in your country of residence the Company shall not bear any liability for any use of its Services by Minors or its consequences, and considers it unauthorized in any way or manner under law.
- Further, services include high-risk investment, and therefore only individuals with sufficient experience and background in financial matters are considered capable of evaluating the benefits and risks of entering financial contracts via this site. Only persons capable of ascertaining their suitability without relying on any data and/or information provided on this site are eligible to use our services. The Company hereby emphasizes that it has no obligation whatsoever to confirm and/or investigate anyone’s knowledge and/or background, nor shall it be held responsible for any losses or damages suffered as a result of a lack of mandatory awareness and/or knowledge. To avoid any doubt, we deny any liability for verifying and/or inspecting your level of knowledge, skill, and/or expertise, and thus we can and shall not be held accountable for damages and/or harm suffered either directly or indirectly as a result of using the Site.м
- The System is available to the residents of most countries with the except for the following: Iran, Yemen, Syria, France, Turkey, North-Korea United States, and Israel. The Company is not able to provide services or products for use directly or indirectly to individuals residing in any of the above-listed countries. Consequently, residents of those countries are banned from applying for accounts with our Company.
- The Company reserves the right to refuse and/or cancel accounts with and/or access to its Service to any individual, irrespective of the information given above for its sole convenience.
- Each person is entitled to open only one account with the Company. Any account opened using a false or incorrect name as an additional account opened by the same person is not eligible for using our services and cannot qualify for bonuses or profits.
- RESTRICTIONS ON TRADING
- In different countries, the laws regarding the trading of Financial Contracts vary, and you hereby acknowledge that you are solely responsible for ensuring full compliance with all relevant laws, regulations or directives, in regards to the use of the Website and/or the System within your country of residence.
- To avoid any misunderstandings, let it be made clear, that the fact that you have access to the Company’s Site and Services does not necessarily mean the Services and your trading activities are considered legal under the laws, regulations, or directives of your country of residence.
- Your application to open an account constitutes a confirmation that you made all necessary inquiries regarding the legal status and situation and that there exist no legal constraint baring you from using the System as described in this Agreement or from executing orders in the System. You confirm that you understand that the Services cannot be used in those places where they are illegal, and the Company can and will cancel services and/or refuse to provide services to any individual at any time, completely or in part, using its own discretion with or without cause, for any reason including the discovery of activities which are not approved under the applicable laws in the location.
- The Customer alone must report activities conducted through his/her account to any applicable tax authority or other legal and/or governmental institution if this is mandatory by any applicable laws related to the Customer or his/her place of residence. Additionally, the Customer alone shall be held accountable to pay any applicable taxes, levies, governmental fees and charges that accrue due to the activities of his/her account with the Company. This includes calculating any lawful deductions at source. The Customer hereby agrees to waive any claim against the Company with regards to this issue.
- RISK DISCLOSURE:
- FINANCIAL ORDERS OF SUCH NATURE COVERED AND DESCRIBED THROUGHOUT THIS AGREEMENT ARE TO BE CONSIDERED HIGH-RISK FINANCIAL ACTIVITIES ALWAYS. The Customer hereby confirms that he/she fully understands this and acknowledges that market prices may change over even a short time period and fluctuations of this sort may result in significant profits or losses. The System is appropriate only for individuals with experience, able to manage significant losses including a total loss of all invested amounts and/or securities. The Customer is responsible to thoroughly consider if this type of contract and orders is suiting for his/her purposes and investing strategies, by evaluating his/her resources, including personal circumstances and the realization of all implications online trading activities may have. DUE TO THE HIGH RISK OF LOSS OF INVESTED FUNDS IN FULL OR PARTIAL WITHIN A SHORT TIME, INDIVIDUALS SHOULD ONLY USE FUNDS DESIGNATED AS APPROPRIATE FOR HIGH-RISK SPECULATIVE ORDERS, AND ARE ENCOURAGED TO CONSULT INDEPENDENT FINANCIAL ADVISORS IN CASE OF DOUBT.
- After approval of this Agreement by the Customer, the Company shall create an account in the System under the name and ownership of the Customer, based on and including the details provided by the Customer. The Customer is responsible for verifying the correctness, accuracy, and completeness of all information provided. In the event that the Company should discover that a Customer provided misleading or inaccurate information, it may be considered an actionable offense and may result in the immediate suspension of the activities on the Customer’s account or the immediate closure of the account.
- The Customer hereby confirms that he/she accepts that, upon completion of the identity verification process by the Company, it is the companies’ obligation to register the Customer as beneficiary in the applicable holding account established by the financial institution which the Company relies upon to store collateral funds belonging to the Customer in the amounts adding up to the total balance recorded in the Customer’s account in the System, and that the Company may upon request send to the financial services provider any identification details provided by the Customer.
- As soon as an account is created for a specific Customer, the Company shall create a confidential individual code that will allow the Customer to access his/her account (henceforth: “Access Code”). The Customer hereby affirms that it is his/her sole responsibility to safeguard the Access Code and the Customer agrees to waive all claims against the Company relating to any unauthorized use of this Access Code.
- RECORD KEEPING AND RECORDINGS
- The Customer hereby agrees that the Company may record each and every telephone conversation and/or authorize a third party to do so on its behalf. Without interfering with the above, this does not constitute an obligation of the Company to record telephone conversations in general or in particular.
- The Company shall keep copies of every written order received from the Customer on record and may choose to instruct and authorize a third party to perform this service on behalf of the Company for any period of time, determined at the sole discretion of the Company. The Company or any authorized third party on its behalf shall store records of all Customers’ orders.
- The Company may use any such records and/or recordings made by or on behalf of the Company for any purpose the Company sees fit, extending to the resolution of any conflict between the Customer and the Company, should they occur.
- Any such records and/or recordings created by or on behalf of the Company remain the exclusive property of the Company, and the existence of such records does not constitute any obligation in any way to deliver or share them with anyone. If at any time the Company shall be required according to strict instructions to form a competent legal or regulatory authority, to supply a copy of any such recordings or provide documentation regarding the Customer’s account, the Customer shall cover the full cost involved in the duplication and/or copying of such records and/or documents in accordance with the official price list of the Company for such services in force at that time.
- LICENSE RESTRICTIONS
- For the purpose of accessing and using this site the Company grants to the Customer a limited, non-exclusive, non-transferable license and the Customers use of the site is dependent on this license (henceforth: “The License”). The License is subject to the Customers compliance with all terms of this Agreement in every way and any case. As a condition to receive this license, the Customer agrees not to resell or provide access to the Site to any other individual, and to refrain from copying any content on the Site, whether for resale or any other purpose without obtaining the prior consent of the Company in writing. The Customer will be held fully liable for any unauthorized access or use of the site as a result of a breach of this section.
- The limited user license granted to you by the Company in this Agreement remains in effect only as long as this Agreement is in full force and effect. This is true also for amendments made to the original Agreement which may be applied from time to time. At all times the Company holds ownership of the software, documentation, and intellectual property rights included therein. Any use of the Companies software by any person, business, corporation, government organization or any similar entity, is considered forbidden and constitutes a breach of this Agreement unless expressly authorized by the Company.
- The Customer is aware that any use of electronic communication available as part of the Service for activities other than the herein stated use of the service and that could be interpreted as illegal, obscene, abusive, threatening, intrusive, or hateful and is forbidden and he/she hereby agrees to refrain from any form of harassment or vilification of other individuals while using the site.
- INTELLECTUAL PROPERTY RIGHTS
- The Company and/or any of the authorized third parties, including licensors, maintain ownership of this Website, system program, and all documentation included therein. This includes ownership rights on names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item protected under copyright, database rights, trademarks and other intellectual property rights or a registered trademark is held. To avoid any doubt, even if no symbol related to copyright, database rights, trademarks and other intellectual property rights is shown does not constitute under any circumstances a waiver or any of the above-mentioned rights to names, terms, symbols and/or item associated with the Company.
- The Customer may not publish, display, disclose, rent, lease, modify, loan, distribute and/or create items established on the base of any of the material owned by the Company and/or on the System, the program or any part thereof. The Customer may under no circumstances engineer, decompile, translate, adapt, or disassemble the system program, nor shall he/she attempt to create the source code from the object code for the system program. The Customer is entitled to transfer the system program to additional devices in his/her possession. However, use of the System is permitted only on one device at the time, simultaneous use of the System accessed through the same account is prohibited.
- All and any rights not mentioned as granted to the Customer in this Agreement are expressly reserved by the Company and/or its applicable licensor, suppliers or partners. The Customer may not remove any of the Company’s proprietary notice from the system program or Documentation or copies of these.
- The Customer hereby agrees to only use any data received through the information system of the Company for the sole purpose of executing Orders on the Company’s Site or System. The Customer further agrees not to use any of the electronic communication features on the Site or within the Service for a purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
- THIRD PARTY HYPERLINKS
- From time to time the Company may offer links to external websites that are provided or controlled by third parties. Let it be clear, that such links do not constitute any endorsement, approval, sponsorship and/or any affiliation to such site, its owners or its suppliers.
- The Customer is strongly advised and warned to refrain from purchasing and/or using services via the internet unless he/she is fully aware of all potential risks. The mentioned links are provided for the Customers convenience, and the Customer understands that the Company cannot be held responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.
- KNOW YOUR CLIENT (“KYC”) AND ANTI MONEY LAUNDERING (“AML”)
- Money Laundering refers to any activity in which funds obtained by illegal actions or from illegal sources are moved through the financial system in order to cover up the illegal source or the true owner of the funds and award legal status. The Company will not tolerate the use of its System and/or the accounts for any attempt at money laundering in any way or under any circumstances. The Company supports the fight against money launderers and money laundering. The Company hereby declares that it follows the guidelines set by the UK’s Joint Money Laundering Steering Group in an effort to combat money laundering and the financing of terrorism.
- The Customer hereby declares that all funds to be deposited in his/her account to be of legal origin and that they are not proceeds of crime, including but not limited to, proceeds of drug trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
- The Company employs a number of security measures and fraud control measures to enforce the
Anti-Fraud and Anti-Money-Laundering policies which include the complete verification of Customers
identities in order to deter, detect and report potentially suspicious activity. This requires each
and every Customer to provide the compliance department of the Company with the following
- (I). A clear color copy of a valid passport with the signature page or a clear color copy or digital photo (back and front) of a valid ID card where all corners of the document are visible.
- (II). A clear color copy of the front and back side of the credit card(s) to be used to fund the account. The name of the cardholder must match the name on the passport/ID card. All but the first 6 and the last 4 digits on the front side of the card may be covered; The 3 (4) digit CVV number on the backside of your card are to be covered as well.
- (III). A copy of a utility bill (electricity bill, phone bill, etc.) or a bank account statement with the name and address of the account holder. This proof of address cannot be more than three months old.
- (IV). A signed declaration of deposit that contains the history of the Customers’ online deposits in the System.
- All documents mentioned in paragraph 12.03, are required by the Company prior to the Customer placing any cash order to the Customers’ benefit. The Company reserves the right to request these documents before allowing any further activities on a Customers’ account. In the case that the Customer does not provide the requested documents in full, the Company will not process pending withdrawals and is not obliged to inform the Customer about this.
- The Company may, from time to time, at its sole discretion, request additional and/or updated proof of identity (such as notarized copy of passport or other means of identity verification as the Company deems mandated under the circumstances) from the Customer and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
- All funds withdrawals will be directed back to the original source of remittance by the Company, as a preventive measure against Money Laundering.
- Any fraudulent activity or activities giving rise to suspicion of fraud will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be frozen and forfeited.
- The Company requires the Customer to deposit a specified amount as Collateral as described hereinbefore any order is executed. In the event that the said Collateral is not deposited or deposited insufficiently, orders placed by the Customer will not be executed, subject to the Company’s policy from time to time. To remove any doubt, in the event that the Customer has succeeded to trade even though the required collateral was not deposited or deposited insufficiently, the Company has the right to deduct the amount required as collateral from any profits gained by the Customer on his/her account through trading activities.
- For the purpose of complete clarity, funds deposited by the Customer in the trading account are not invested in any securities, futures, currencies, derivatives or other forms of investment, on your behalf. Such funds are used exclusively as collateral to facilitate your orders in the System.
- The Company has all rights and authority over the said Collateral until it is withdrawn by the Customer from the account. The Company may deposit such funds with any financial institution including but not limited to such funds being used as collateral for your Orders.
- In the event that there is insufficient Collateral in the Customer’s account to cover an order carried out by the Customer, the Company reserves the right to reduce the Customers exposure in the said order and/or demand from the Customer to rectify the situation and cover the full amount of the mandatory Collateral and any deficiency that occurred as a result of insufficient Collateral. To remove any doubt regarding the above-mentioned rights of the Company, there is no obligation to decrease a Customers exposure in any Order, and the Customer shall not raise any claims against the Company regarding any losses resulting from the decrease or non-decrease of exposure in any particular Order by the Company.
- When making a deposit using a wire transfer, the Customer is responsible to confirm that the associated correct account number and registered name of the account owner are always sent along with each wire transfer to the Company.
- BONUS PROVISIONS
- The Company offers a variety of bonuses and trade-specific credits (henceforth: Bonus”), reward to new and existing Customers as part of the companies promotional program. Bonuses are individual and offered at the Account Executives’ discretion. There is never an obligation from the side of the Customer to accept a bonus.
- Once a Customer accepts a bonus into his/her account, he/she agrees to the Bonus-specific Terms and Conditions stated herein. All bonuses provided are final, and once they have been credited to a Customer’s account they cannot be removed.
- Promotional offers or Bonuses are not transferable or assignable.
- Unless specifically stated otherwise in the promotion offer or specifically offered by the Account Executive, only one bonus is awarded per person, household, a computer or shared IP address.
- The Company reserves the right to end or change any promotional offer without notice but only with effect to future bonuses.
- All bonuses applied to an account are subject to an expiry period of 120 days with regards to the trading turnover requirement. This means that, should a client not reach the mandatory trading turnover amount within 120 days, said bonus will be removed by the company.
- Bonuses credited to the Customer’s account are subject to compliance with the Terms and Conditions specific for bonuses provided to the client. Before funds can be withdrawn from the account the following trading volume requirements need to be fulfilled for regular bonuses: At the end of Term or Duration, the amount of turnover necessary to be approved to withdraw after accepting a Bonus (currently: 0.1 FX Lots) the value of the client’s bonus amount. In the case, if the client invested $1,000 (one thousand) and accepted a bonus of $100 (one hundred), they will be obligated to reach a complete trading volume of 10 Lots to be eligible to withdraw any amount from the account. The trading volume is calculated after the respective position has been closed. After the Customer has reached the required trading volume, the Company’s regular trading account terms, and conditions apply for any subsequent request to withdraw funds.
- Only fully settled trading transactions (i.e., trades that result in a win or a loss) with a minimum running period of 5 (five) minutes count towards the achievement of the trading volume requirement. To achieve the trading volume requirement, the existing funds are traded first and only afterward the bonus will be used for the calculation of the trading volume requirements.
- The bonus will be credited to the Customer’s account only after he/she has given his/her consent. Unless the Customer objects to a Bonus immediately after logging into his/her account for the first time the bonus is considered accepted by the Customer as soon as it is credited to the Customer’s account.
- If the relevant trading volume requirements have not been fulfilled, any withdrawal requested by the Customer will automatically be deleted.
- A Customer who attempts to claim a bonus in addition to an existing bonus for which the trading requirements have not been fulfilled must first complete the requirements for the first bonus before starting to count accumulation for any additional bonus. Until the combined total balance (allocated funds & bonus amount) of active bonus and any additional pending bonus reaches less than $1, the Customer is bound by the wagering requirements for any claimed bonus on his/her account.
- The Customer is not eligible to claim bonuses if he has any withdrawals pending.
- The account will be invalid, including and profits collected therein, should there be any indication of fraud, manipulation, cash back arbitrage and/or other forms of deceptive or criminal activity. Should there be any dispute between the parties, the decision of the Company shall be the final and decisive.
- EXECUTION OF ORDERS
- With the approval of these Terms and Conditions, the Customer authorizes and empowers the Company to carry out orders and activities in accordance with the instructions of the Customer and/or according to instructions provided by the Customers duly authorized agent or agents orally or in writing, all in accordance with the powers granted to the Company under this contract and/or for the providers of Services, until written notice is received by the Company from the Customer, stating the contrary.
- The Company will accept your instructions and facilitate execution of Financial Contracts in accordance with practices customary in the international financial market and according to customary practices applying to Financial Contracts similar and with the nature of the Contracts executed by the Customer using the Companies System.
- All Financial Orders shall be executed on your behalf and at your risk. The Company and/or any party authorized by the Company shall not be held liable for any loss, damage or debt caused to the Customer resulting directly or indirectly from actions considered under this contract. To remove any doubt, any sum claimed by the Customer may not exceed the Collateral.
- The Customer may empower or authorize an additional person or persons to communicate with the Company on the Customers’ behalf as long as he/she duly informs the Company thereof in a written notice including the name or Names and identification details of the authorized person or persons and a signature sample of each of the above. Such authorization is binding to both Customer and Company for all intents and purposes regarding instructions, whether written or oral, for the execution of orders. The authorization may be revoked in writing by the Customer any time.
- The Company reserves the right to at its sole discretion cancel trades executed at rates that were ‘out-of-market’, regardless of the cause, whether human error, misquotes on the trading platform, faulty market feeds or any other reason regardless whether under the control of the Company or not.
- The Customer hereby declares that he/she is aware and acknowledges that as a fundamental pre-condition of this contract the Company has the right to close without prior notice at any time any of the Customers Orders, in the event that the Customers portfolio reaches zero or less, as calculated with respect to the fluctuations in the Financial Contracts’ rates.
- SETTLEMENTS AND WITHDRAWALS
- Any settlement of losses shall be deducted from the Collateral and payments of accrued profits made out to the Customer by the Company or an authorized party on its behalf. Any profits the Customer accumulates on his account shall be added as supplemental collateral.
- To remove any doubt, there is no interest in the Customers’ credit balance.
- Assets and/or funds cannot be transferred between clients or accounts.
- Before a Customer may withdraw funds accumulated in his/her account, he/she must, as a pre-condition
to such request, comply with the following:
- (I) complete and sign the “Withdrawal Request” form provided by the Company or an authorized party on its behalf, and return it to the Company.
- (II) be fully KYC compliant as per article 12 of these Terms and Conditions
- The Company shall not release any funds to the Customer without receiving the said form duly signed by the Customer or an authorized representative.
- Without derogating from the above provisions.
- Profits may not be paid out to any third parties, but only to the owner of the account and to an account under his own name or in case of Customers maintaining an account by means of telegraphic deposits, any profit shall only be paid out to the holder of the originating bank account, and it is the liability of the Customer to make sure and confirm the accuracy of the account number and name required to be added to each transfer to the Company. Customers who maintain their account by means of credit/debit card deposits will receive profits paid back to the same card up to the value of the collateral deposited in the account. In case of additional profits, these may be transferred by telegraphic means subject to the conditions described above.
- It is hereby declared that the Company does not provide any kind of currency exchange service and a Customers Collateral may, therefore, be paid back only in the currency it was originally deposited with the Company and not in any currency different from that. Any outstanding balance of a Customer’s debt and receivables from the Company shall only be repaid to the Customer in the same currency the Collateral was deposited in.
- The approval process of a withdrawal may take up to three business days from the day it is received by the Company. The actual execution of payments demanded by the Customer shall reach the Customers credit card or bank account within, and no later than seven business days following the request for payment.
- A withdrawal fee at a rate depending on the method of withdrawal will be applied to all withdrawals.
At the current date of these Terms and Conditions the applicable fees for withdrawals are as
- Credit Card: 3.5%
- Wire Transfer: $20
- Withdrawals of less than 100 USD/GBP/AUD/EUR on Credit Card and/or Wire Transfer will incur a flat withdrawal fee of $20.
- REFUND AND CANCELLATION POLICY
- In the event that the Customer deposited money with the Company in order to receive services offered
by the Company on the website, the Company has the right to reverse any amount to the Customer any
amount received if any of the following is true:
- (I) Upon the Customers request, subject to the Customer’s balance with the Company and subject to the Customer being KYC compliant.
- (II)According to a mutual contract between Company and Customer.
- (III)The Customer has not fulfilled the Company’s requirements for the provision of services.
- (IV)Upon termination of the contractual relations between the Parties with or without cause; all subject to any debt of the Customer towards the Company.
- In the event that the Customer deposited money with the Company in order to receive services offered by the Company on the website, the Company has the right to reverse any amount to the Customer any amount received if any of the following is true:
- INACTIVE AND DORMANT ACCOUNT FEES
- An Inactive account on which no trades, no deposits, no withdrawals are done and which does not have any open positions for three months, but shows a positive balance, is charged a monthly maintenance fee of 0.5% of the dormant account’s balance or 50 USD/GBP/AUD/EUR, whichever is higher.
- SUSPENSION OF TRADING
- In case any of the following situations should occur, the Company reserves the right to suspend or
stop any or all trading services provided by the System, the operation of the site in full or
sections thereof without prior notice:
- (I) when, as a result of economic, political, military or monetary events (including, but not limited to unusual market volatility or illiquidity) or any circumstances not under the control, liability and power of the Company, the continued operation of the System will not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, it is impossible to calculate for financial betting contracts;
- (II) in case of a breakdown in the means of communication regularly employed in determining the rate or value of any of the financial betting contracts or where the value or rate of any of the financial betting contracts cannot be ascertained promptly and/or accurately;
- (III) Under such circumstances, the Company or an authorized party on its behalf may close any or all of the Customers’ open positions (by executing a Reverse Order) without prior written notice to the Customer, at a reasonable market value reflecting, as closely as possible, the applicable rates of the relevant Contracts. The Customer hereby waives any claims against the Company of indemnification and/or suits and/or causes of action in such an event and acknowledge that such action is a pre-condition to the validity of this contract.
- In case any of the following situations should occur, the Company reserves the right to suspend or stop any or all trading services provided by the System, the operation of the site in full or sections thereof without prior notice:
- SUSPENSION OF ACCOUNTS
- The Company reserves the right to refuse service and distribution of profits and/or to cancel
service to any person at its sole discretion, including and without restriction:
- (I) if anything leads the Company to believe that any of the Customers activities on the Site may be illegal;
- (II) if anything gives rise to the Company suspecting the Customer abuses or abused the System or that the Customer has used some means to affect and/or manipulate the rate of a specific Contract in particular or the System in general;
- (III) If the Company has reason to believe that any information provided by the Customer, including personal data such as e-mail address, is no longer accurate or valid.
- (IV) If the Customer fails to provide the Company with additional proof of identity such as a notarized copies of passport or other documents of identity verification as deemed necessary from time to time at the Company’s sole discretion;
- (V) if any of the Customers activities may result in financial damage to the Company;
- (VI) if the Customer fails to in any way comply with any of the Terms and Conditions brought forth in this and/or any of the rules and guidelines for each Service.
- The Company reserves the right to refuse service and distribution of profits and/or to cancel service to any person at its sole discretion, including and without restriction:
- FINANCIAL DATA
- The Company may make available to the Customer through one or more of its services a wide variety of financial information generated from agents, suppliers or partners (“Third Party Providers”) internally, including, but not limited to financial market data, news and quotes, financial analysts research, reports and opinions, graphs and data etc. (“Financial Information”). Such financial Information does by no means count as financial advice and shall not be regarded as such. The financial information provided by the Company is a service only, and neither the Company nor any of its Third Party Providers shall warrant the accuracy, timeliness, completeness and/or correct sequencing of the financial information or results of the Customer using the financial information in any way. Such financial information may suddenly turn unreliable for numerous reasons, including, but not limited to changes in market conditions or economic circumstances and there is no obligation to the Company or any of its Third Party Providers to update information or opinions included in the financial information, and the Company may interrupt the flow of financial information without notifying the Customer at any time.
- Moreover, it is hereby made clear that the Company is not now or any time in the future responsible in any way for the accuracy of any of the information published on the Site by the Company or by any other entity or person, and each and every item published or referred to is to be regarded as unproven information for the purpose of performing activities and managing risks. It is strongly emphasized that the Customer needs to confirm all information ordered by the Customer is checked and confirmed by the Customer using independent sources of information not connected to the Company and the Customer confirms his/her satisfaction with it prior to the execution executing of any orders or carrying out any action in the System. ANY CUSTOMER, WHO DOES NOT HAVE THE SUFFICIENT KNOWLEDGE AND/OR EXPERIENCE AND/OR ASSESSED DATA TO EXECUTE ORDERS BASED ON AN EDUCATED BASIS, HE/SHE IS STRONGLY ADVISED TO REFRAIN FROM USING THE COMPANIES WEBSITE OR SYSTEM. The Company does not and will not accept any liability for any loss or damage, including but not limited to loss of profit that may arise from the use of or reliance on such information directly or indirectly.
- LIMITED GUARANTEES OF WARRANTY
- Despite the fact that the Company is committed to ensuring continuity of the Services on the site, the Company bears no liability for any interruption, delay, error, deletion, omission, defect in operation or transmission, communication line failure, theft or destruction or unauthorized access or alteration of the Site or Services. The Company rejects any liability of any kind problems and/or technical malfunction of any telephone network and/or lines, computer online systems, servers or providers, hardware, software or system program, or any technical failure due to technical problems to traffic congestion on the internet, the Site or any Service. To the extent permitted by applicable law, the Company shall not be reliable for any loss or damage arising from the use of the Service or Site or any content published on the Site and/or through the Service, or the conduct of all users of the Service or Site online and/or offline. The Customer agrees and is aware that the use of the Site and Service is at his/her own risk.
- The Customer is fully aware that the Company does not provide equipment of any kind, is not an internet service provider and shall therefore not be liable in any way, directly or indirectly to any malfunction of any kind whatsoever on any equipment, whether on the Customers end or other equipment not provided by the Company and/or any connection malfunction of the internet or any computer program or software or system program bugs and/or any errors including delays in the transmittal of orders or the their receipt and any other such interference. It is the sole responsibility of the Customer to provide and maintain the means by which he/she accesses the Website, including but not limited to personal computer, modem, telephone and/or any other access line. The Customer assumes responsibility for any fees arising from access, service, license, and subscription necessary to connect to the Website and Service and will cover all charges involved in accessing such Systems. Moreover, the Customer is aware of and accepts all risks associated with the use and storage of information on his/her personal computer and/or additional computers providing access to the Internet and the Website and Services (henceforth “computer”) and declares and warrants that he/she has implemented appropriate protection to ensure security and control of access on the Computer, computer viruses, and other similarly harmful materials or data and intends to operate it. The Customer hereby agrees and confirms that the Company is not liable in any way in any event of failure, damage, destruction, etc. to the Customers computer system, data, and records or any part thereof, delays, losses, errors or omissions resulting from the failure or a mismanagement of any telecommunications or computer equipment or system program. Under no circumstances will the Customer transmit or in any way expose the Company or any of its online service providers directly or indirectly to any computer virus or other such harmful inappropriate material or device.
- LIABILITY RESTRICTIONS
- The Customers’ registration to this Site and the funding of his/her trading account counts in every
way as a confirmation of the following:
- (I) The Customer is fully aware that the contract rates presented by the Company are the prices at which the Company is willing to sell financial contracts. These rates do not NECESSARILY reflect real-time market values.
- (II) In the event of opening and operating an online trading account a Customer might expose himself to considerable losses of some or even total loss of all invested funds.
- (III) The Customer hereby confirms that he/ she read the terms of this contract and all terms relating to Financial Contracts as defined in this document before entering into any Financial Contract and that he/she fully understands and is aware of the consequences and results of success or failure.
- (IV) The Customer hereby acknowledges that he/she is aware of the risks involved in the execution of the orders described in this document and confirms that he/she has read and understood the Risk Factors Disclosure.
- (V) The use of this website constitutes that the Customer agrees to assume full and exclusive liability for your research, decisions, and actions.
- (VI) At no time is any guarantee of performance, results nor any anticipated Return on investment offered.
- Use of the Site and Services offered by the Company the Customer agrees that the Company and any entities associated with the Company are not liable for any loss or damages whatsoever arising from the use thereof directly or indirectly or consequential to it, or the use of any signals, information, messages, manual, worksheet, instructions, alerts, directives, system program, etc. and any other information contained in regard to its use and understanding.
- The Customer acknowledges that he/she is solely responsible and personally liable for any actions carried out and orders executed in the account in the Customer’s name and possession, including the settlement of any Orders, regardless of whether they were performed by the Customer in person, any member of his family or any other third party who may have gained access to the said account, or by an agent or attorney authorized by the Customer or the Companies employees carrying out the Customers orders. Moreover, the Customer agrees that the Company or any of its employees or anyone acting on behalf of the Company shall not be liable whatsoever in any way for any consequences or outcomes or the action of such persons on the said account. It is the Customers sole responsibility to ensure control over the access and use of the account and that no minors receive access to trading on the System. In any case and under all circumstances shall the Customer remain fully liable for the account activities and any and all positions traded therein, and for any credit card orders on the account on the Site. The Customer shall indemnify the Company for any and all costs and losses of any kind, which may be incurred by the Company as a direct or indirect result of the Customers failure to perform or settle such orders.
- The ‘Trading software’ is located on a server in SA. All trades are opened using a specific IP. All trades using this specific IP, can’t be disputed and the result of those trades is final, and said client understands and agrees to these terms.
- The Customer hereby agrees to defend and indemnify the Company and its directors, officers, agents and employees to keep them unharmed from and protect them against any and all claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorney’s fees and costs, arising out of/or are connected with the Customers access to/or use of the Site or Services in any way, a breach from the side of the Customer of any of the terms of this contract, or breach of any applicable laws or regulation by the Customer.
- RESTRICTION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO THE CUSTOMER EXCEED THE AMOUNT OF MONEY THE CUSTOMER TRANSFERRED OR DEPOSITED IN HIS/HER ACCOUNT ON THE SITE IN CONNECTION WITH THE ORDER GIVING RISE TO SUCH LIABILITY.
- The Customers’ registration to this Site and the funding of his/her trading account counts in every way as a confirmation of the following:
- TERMINATION OF CONTRACT
- The Company reserves the right to at any time terminate this contract by notifying the Customer of it. The Customer has the right to terminate the contract at any time by providing the Company with a 48 hour advanced notice and from the date of the termination notice he/she may not execute any more Orders which open new positions on the Customer’s account and the existing open positions will be closed at the available rates at the time of the termination notice.
- In the event that the Company recognizes that any information provided by the Customer, including e-mail is no longer correct or valid, or if the Customer fails to comply with any of the Terms and Conditions or parts of it and the rules and guidelines for each service therein. This is also valued in the case that the Company discovers or suspects that the Customer committed a crime on the System, including but not limited to the conclusion of an order outside the market rates.
- If such a breach of these Terms and Conditions occur, the Customer agrees to immediately cease access and the use of any Service. The Customer agrees that the Company may terminate the contract without notice at its sole discretion may terminate the Customers access to all or part of the services, close any open orders and remove any information or content within a Service.
- ADDITIONAL RIGHTS AND RESPONSIBILITIES SEVERABILITY
- Should any of the provisions included in this contract become invalid or unenforceable this shall not have any effect on the remaining provisions and they remain in full force and effect.
- The failure of any of the parties to enforce or keep any right or provision of this contract shall not be deemed a release of the said right or provision.
- The Company has the right to transfer the contract or any rights and/or obligations therein without the Customers consent.
- This contract including all sections herein make up the complete and exclusive contract of the Parties with respect to the subject matter hereof and supersedes any and all prior existing contracts, agreements, arrangements, understandings, proposals or representations previously entered between the parties, whether written or oral regarding the subject matter. In the case that the Customer is an entity including several individuals, the terms and provisions of this Contract shall be binding to all of them jointly and separately to each one.
- The Company and/or any authorized party on its behalf may send any announcements and/or documents by post, courier, e-mail, fax or any other mail delivery service as it finds appropriate to the Customer. Any notice sent by the Customer to the Company is to be sent by certified mail or courier and is valid and effective upon its receipt by the Company.
- This contract shall be interpreted and enforced in accordance with the laws of Estonia and shall be
governed by the governing nation, notwithstanding any conflicts of laws principles. Each of the
Parties hereby irrevocably.
- (I) Client agrees to any suit, legal action or proceeding with respect to this contract being brought exclusively in the competent courts of Estonia (the “Courts”) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum.
- (II) acknowledges the competence of such Courts,
- (III) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and
- (IV) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts.