This notice is provided to you in accordance with Law 144(I) of 2007, as amended.
1. RISK WARNING
1.1. All prospective Customers should read carefully the following risk warnings contained in this document. However it is noted that this document cannot and does not disclose or explain all of the risks and other significant aspects involved in dealing in Financial Instruments (including derivative financial instruments such as CFDs).
The notice was designed to explain in general terms the nature of the risks involved when dealing in Financial Instruments on a fair and non-misleading basis. The Customer should not engage in any investment directly or indirectly in Financial Instruments unless he knows and understands the risks involved for each one of the Financial Instruments. The Company will not provide the Customer with any investment advice relating to investments or possible transactions in investments or in Financial Instruments or make investment recommendations of any kind. So, prior to applying for a trading account with the Company, or making an order the Customer should consider carefully whether investing in a specific Financial Instrument is suitable for him in the light of his circumstances and financial resources. If the Customer does not understand the risks involved he should seek advice and consultation from an independent financial advisor. If the Customer still does not understand the risks involved in trading in any Financial Instruments, he should not trade at all. The Customer should acknowledge that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and accept that he is willing to undertake this risk. All words and expressions defined in the Operative Agreements shall unless the context requires otherwise have the same meaning in this document.
2.1. The Customer shall be responsible for the risks of financial losses caused by the failure of information, communication, electronic and other systems. The result of any system failure may be that his order is either not executed according to his instructions or it is not executed at all. The Company does not accept any liability in the case of such a failure.
2.2. While trading via the Client Terminal the Customer shall be responsible for the risks of financial losses caused by:
(a)Customer's or Company's hardware or software failure, malfunction or misuse;
(b) poor Internet connection either on the side of the Customer or the Company or both, or interruptions or transmission blackouts or public electricity network failures or hacker attacks, overload of connection;
(c)the wrong settings in the Client Terminal;
(d) delayed Client Terminal updates;
(e)the Customer disregarding the applicable rules described in the Client Terminal user guide and in any information that may be provided on the Company’s website;
2.3. The Customer acknowledges that at times of excessive deal flow the Customer may have some difficulties to be connected over the telephone with a Dealer, especially in a Fast Market (for example, when key macroeconomic indicators are released).
ABNORMAL MARKET CONDITIONS
2.4. The Customer acknowledges that under Abnormal Market Conditions the period during which the Instructions and Requests are executed may be extended.
2.5. The Customer acknowledges that only one Request or Instruction is allowed to be in the queue at one time. Once the Customer has sent a Request or an Instruction, any further Requests or Instructions sent by the Customer are ignored and the “Order is locked” message appears until the first Request or Instruction is executed.
2.6. The Customer acknowledges that the only reliable source of Quotes Flow information is that of the real/live Server’s Quotes Base. Quotes Base in the Client Terminal is not a reliable source of Quotes Flow information because the connection between the Client Terminal and the Server may be disrupted at some point and some of the Quotes simply may not reach the Client Terminal.
2.7. The Customer acknowledges that when the Customer closes the order placing/modifying/deleting window or the position opening/closing window, the Instruction or Request, which has been sent to the Server, shall not be cancelled.
2.8. In case the Customer has not received the result of the execution of the previously sent Instruction but decides to repeat the Instruction, the Customer shall accept the risk of making two Transactions instead of one.
2.9. The Customer acknowledges that if the Pending Order has already been executed but the Customer sends the Instruction to modify its level and the levels of If-Done Orders at the same time, the only Instruction, which will be executed, is the Instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered.
2.10. The Customer shall accept the risk of any financial losses caused by the fact that the Customer has received with delay or has not received at all any notice from the Company.
2.11.The Customer acknowledges that the unencrypted information transmitted by e-mail is not protected from any unauthorized access.
2.12. The Customer is fully responsible for the risks in respect of undelivered Trading Platform internal mail messages sent to the Customer by the Company as they are automatically deleted within 3 (three) calendar days.
2.13. The Customer is wholly responsible for the privacy of the information received from the Company and accepts the risk of any financial losses caused by the unauthorized access of the third party to the Customer’s Trading Account.
2.14.The Company has no responsibility if authorized third persons have access to information, including electronic addresses, electronic communication and personal data, access data when the above are transmitted between the Company or any other party, using the internet or other network communication facilities, telephone, or any other electronic means.
FORCE MAJEURE EVENT
2.15. In case of a Force Majeure Event the Customer shall accept the risk of financial losses.
3. RISK WARNING NOTICE FOR FOREIGN EXCHANGE AND DERIVATIVE PRODUCTS
3.1. This notice cannot disclose all the risks and other significant aspects of foreign exchange and derivative products such as futures, options, and Contracts for Differences. You should not deal in these products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in the light of your circumstances and financial position. Certain strategies, such as a “spread” position or a “straddle”, may be as risky as a simple Long or Short position. Although Forex and derivative instruments can be utilised for the management of investment risk, some of these products are unsuitable for many investors.
ou should not engage in any dealings directly or indirectly in derivative products unless you know and understand the risks involved in them and that you may lose entirely all of your money. Different instruments involve different levels of exposure to risk and in deciding whether to trade in such instruments you should be aware of the following points:
EFFECT OF LEVERAGE
3.2. Under Margin Trading conditions even small market movements may have great impact on the Customer’s Trading Account. It is important to note that all accounts trade under the effect of Leverage. The Customer must consider that if the market moves against the Customer, the Customer may sustain a total loss greater than the funds deposited.
The Customer is responsible for all the risks, financial resources the Customer uses and for the chosen trading strategy. It is highly recommended that the Customer maintains a Margin Level (percentage Equity to Necessary Margin ratio which is calculated as Equity / Necessary Margin * 100%) of not lower than 1,000%.
It is also recommended to place Stop Loss to limit potential losses, and Take Profit to collect profits, when it is not possible for the Customer to manage the Customer’s Open Positions. The Customer shall be responsible for all financial losses caused by the opening of the position using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error.
HIGH VOLATILE INSTRUMENTS
3.3. Some Instruments trade within wide intraday ranges with volatile price movements. Therefore, the Customer must carefully consider that there is a high risk of losses as well as profits. The price of Derivative financial instruments is derived from the price of the underlying asset in which the instruments refer to (for example currency, stock, metals, indices etc). Derivative financial instruments and related markets can be highly volatile.
The prices of instruments and the underlying asset may fluctuate rapidly and over wide ranges and may reflect unforeseeable events or changes in conditions, none of which can be controlled by the Customer or the Company. Under certain market conditions it may be impossible for a Customer's order to be executed at declared price leading to losses. The prices of instruments and the underlying asset will be influenced by, amongst other things, changing supply and demand relationships, governmental, agricultural, commercial and trade programs and policies, national and international political and economic events and the prevailing psychological characteristics of the relevant market place. Therefore Stop Loss order cannot guarantee the limit of loss.
The Customer acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value. This is owed to the margining system applicable to such trades, which generally involves a comparatively modest deposit or margin in terms of the overall contract value, so that a relatively small movement in the underlying market can have a disproportionately dramatic effect on the Customer’s trade. If the underlying market movement is in the Customer’s favor, the Customer may achieve a good profit, but an equally small adverse market movement can not only quickly result in the loss of the Customers’ entire deposit, but may also expose the Customer to a large additional loss.
3.4. Some of the underlying assets may not become immediately liquid as a result of reduced demand for the underlying asset and Customer may not be able to obtain the information on the value of these or the extent of the associated risks.
3.5. Transactions in futures involve the obligation to make, or to take, delivery of the underlying asset of the contract at a future date, or in some cases to settle the position with cash. They carry a high degree of risk. The gearing or Leverage often obtainable in futures trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small movement can lead to a proportionately much larger movement in the value of your investment, and this can work against you as well as for you. Futures transactions have a contingent liability, and you should be aware of the implications of this, in particular the margining requirements, which are set out below.
3.6. There are many different types of options with different characteristics subject to the following conditions.
Buying options involves less risk than selling options because, if the price of the underlying asset moves against you, you can simply allow the option to lapse. The maximum loss is limited to the premium, plus any commission or other transaction charges. However, if you buy a call option on a futures contract and you later exercise the option, you will acquire the future. This will expose you to the risks described under futures' and contingent liability investment transactions.
If you write an option, the risk involved is considerably greater than buying options. You may be liable for margin to maintain your position and a loss may be sustained well in excess of the premium received. By writing an option, you accept a legal obligation to purchase or sell the underlying asset if the option is exercised against you, however far the market price has moved away from the exercise price. If you already own the underlying asset which you have contracted to sell (when the options will be known as covered call options) the risk is reduced. If you do not own the underlying asset (uncovered call options) the risk can be unlimited. Only experienced persons should contemplate writing uncovered options, and then only after securing full details of the applicable conditions and potential risk exposure.
CONTRACTS FOR DIFFERENCES
3.7. The CFDs available for trading with the Company are non deliverable spot transactions giving an opportunity to make profit on changes in currency rates, commodity, stock market indices or share prices called the underlying instrument. If the underlying instrument movement is in the Customer’s favor, the Customer may achieve a good profit, but an equally small adverse market movement can not only quickly result in the loss of the Customers’ entire deposit but also any additional commissions and other expenses incurred. So, the Customer must not enter into CFDs unless he is willing to undertake the risks of loosing entirely all the money which he has invested and also any additional commissions and other expenses incurred. Investing in a Contract for Differences carries the same risks as investing in a future or an option and you should be aware of these as set out above.
Transactions in Contracts for Differences may also have a contingent liability and you should be aware of the implications of this as set out below.
OFF-EXCHANGE TRANSACTIONS IN DERIVATIVES
3.8. CFDs, Forex and Precious Metals are off-exchange transactions. While some off-exchange markets are highly liquid, transactions in off-exchange or non transferable derivatives may involve greater risk than investing in on-exchange derivatives because there is no exchange market on which to close out an Open Position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an off-exchange transaction or to assess the exposure to risk. Bid prices and Ask prices need not be quoted, and, even where they are, they will be established by dealers in these instruments and consequently it may be difficult to establish what is a fair price. In regards to transactions in CFD’s, Forex and Precious Metals with the Company, the Company is using a Trading Platform for transactions in CFD’s which does not fall into the definition of a recognized exchange as this is not a Multilateral Trading Facility and so do not have the same protection.
3.9. Foreign markets will involve different risks from the Vanuatu markets. In some cases the risks will be greater. On request, the Company must provide an explanation of the relevant risks and protections (if any) which will operate in any foreign markets, including the extent to which it will accept liability for any default of a foreign firm through whom it deals. The potential for profit or loss from transactions on foreign markets or in foreign denominated contracts will be affected by fluctuations in foreign exchange rates.
3.10. Contingent liability investment transactions, which are margined, require you to make a series of payments against the purchase price, instead of paying the whole purchase price immediately. The Margin requirement will depend on the underlying asset of the instrument. Margin requirements can be fixed or calculated from current price of the underlying instrument, it can be found on the website of the Company.
3.11. If you trade in futures, Contracts for Differences or sell options, you may sustain a total loss of the funds you have deposited to open and maintain a position. If the market moves against you, you may be called upon to pay substantial additional funds at short notice to maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be responsible for the resulting deficit. It is noted that the Company will not have a duty to notify the Customer for any Margin Call to sustain a loss making position. Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when you entered the contract. Contingent liability investment transactions which are not traded on or under the rules of a recognized or designated investment exchange may expose you to substantially greater risks.
3.12. If you deposit collateral as security with the Company, the way in which it will be treated will vary according to the type of transaction and where it is traded. There could be significant differences in the treatment of your collateral depending on whether you are trading on a recognised or designated investment exchange, with the rules of that exchange (and the associated clearing house) applying, or trading off-exchange. Deposited collateral may lose its identity as your property once dealings on your behalf are undertaken. Even if your dealings should ultimately prove profitable, you may not get back the same assets which you deposited, and may have to accept payment in cash. You should ascertain from your firm how your collateral will be dealt with.
COMMISSIONS AND TAXES
3.13. Before you begin to trade, you should make yourself aware of all commissions and other charges for which you will be liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), you should ensure that you understand what such charges are likely to amount to.
3.14. There is a risk that the Customer’s trades in any Financial Instruments including derivative instruments may be or become subject to tax and/or any other duty for example because of changes in legislation or his personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Customer is responsible for any taxes and/or any other duty which may accrue in respect of his trades.
SUSPENSIONS OF TRADING
3.15. Under certain trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit your losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price. In addition, under certain market conditions the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
CLEARING HOUSE PROTECTIONS
3.16. On many exchanges, the performance of a transaction by your firm (or third party with whom it is dealing on your behalf) is guaranteed by the exchange or clearing house. However, this guarantee is unlikely in most circumstances to cover you, the Customer, and may not protect you if your firm or another party defaults on its obligations to you. On request, the Company must explain any protection provided to you under the clearing guarantee applicable to any on-exchange derivatives in which you are dealing. There is no clearing house for traditional options, nor normally for off-exchange instruments which are not traded under the rules of a recognised or designated investment exchange.
3.17. The Company’s insolvency or default, may lead to positions being liquidated or closed out without your consent. In certain circumstances, you may not get back the actual assets which you lodged as collateral and you may have to accept any available payments in cash.
3.18. Segregated Funds will be subject to the protections conferred by Applicable Regulations.
3.19. Non-segregated Funds will not be subject to the protections conferred by Applicable Regulations. Non-segregated Funds will not be segregated from the Company’s money and will be used in the course of the Company’s business, and in the event of the Company’s insolvency you will rank as a general creditor.
4. THIRD PARTY RISK
4.1. The Company may pass money received from the Customer to a third party (e.g. a bank, a market, intermediate broker, OTC counterparty or clearing house) to hold or control in order to effect a Transaction through or with that person or to satisfy the Customer’s obligation to provide collateral (e.g. initial margin requirement) in respect of a Transaction. The Company has no responsibility for any acts or omissions of any third party to whom it will pass money received from the Customer.
4.2. The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Customer’s money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Customer, and the Customer 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 Customer with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
4.3. The Company may hold Customer money on the Customer’s behalf outside the EEA. The legal and regulatory regime applying to any such bank or person will be different from that of Vanuatu and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, the Customer money may be treated differently from the treatment which would apply if the money was held with a bank in an account in Vanuatu. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this paragraph.
4.4. The Company may deposit Customer money with a depository who may have a security interest, lien or right of set-off in relation to that money.
4.5. A Bank or Broker through whom the Company deals with could have interests contrary to the Customer’s Interests.
1.1 The present Client agreement (hereinafter "Agreement") is concluded by and between the Company Emporio Trading LTD. (“Company”) registered at the address 2nd Flr, Transpacific Haus, P.O. Box 257, Port Vila, Vanuatu and the Client (Client), collectively referred to as "Parties".
1.2 Subject of this agreement is the establishment of a legal relationship between the Client and the Company in course of the execution by the Client of commercial transactions in the over-the-counter markets through the trading platform, provided by the Company, the order of provision of these services by the Company, as well as rights and obligations of the Parties of the present agreement that arise in relation to the provision of the above services.
1.3 The Client hereby confirms that he has become acquainted with the terms of this Agreement and its annexes, fully understands and accepts them.
1.4 This Agreement shall come into effect at the moment of its acceptance by the Client.
- CUSTOMER REGISTRATION PROCEDURE
2.1 The Client needs to pass a registration procedure on the Company's official website, which includes filling out a client survey, providing the necessary documents for the verification procedure established by the Company, and according to the anti-money laundering policy and terrorism financing.
2.2 The Client is responsible for providing complete, reliable, valid and update information.
2.3 The Company reserves the right to refuse to open and/or maintain the Client's trading account at any time, including if the Company has a reason to believe that the Client has provided false information to the Company.
2.4. When opening a trading account of the Client, he is assigned an individual number, and an access password is fixed on the trading account. These data are confidential, and the Client is responsible for their non-disclosure to third parties.
2.5. In case if the Client designates a Co-beneficiary, the Co-beneficiary shall provide to the Company the required information, in accordance with the clause 2.1. of this Agreement.
2.6. All the Co-beneficiaries of the trading account will be jointly responsible for their trading account with the Company.
2.7. All the Co-beneficiaries form the notion of the Client and, therefore, the notifications, sent to one Co-beneficiary, are considered as notifications, sent to all the Co-beneficiaries of the trading account same as orders, given by one Co-beneficiary, are considered as the legitimate orders of the Client.
2.8. The Company reserves the right to request an approbation of an order and/or instruction by all the Co-beneficiaries of the joint trading account.
2.9. In case of death or disability of the Client of the operating account, the Company reserves the right to accept instructions of the surviving Co-beneficiaries. All the rights and responsibilities of the Clients regarding the Company go over to the surviving Co-beneficiaries.
- PLACING AND EXECUTION OF ORDERS
3.1 The client can place an order through the client’s terminal, as well as give a voice order to the Company's employee by phone. If the order is placed by voice, the Company’s employee will ask you some certain secret information in order to identify the Client.
3.2 The Client hereby confirms that the quotes of financial instruments provided by the Company are the only ones that are true when the Client performs trading operations with the Company and, therefore, quotes of other companies or sources are not grounds for claims against the Company.
3.3 The Company reserves the right to review the results of the Client’s orders if the Company reasonably believes that the orders were placed and/or executed with violations, including if these trades were executed on non-market quotes, in case of a software failure, if these transactions were executed violating the terms of this Agreement and its annexes.
3.4. The Company reserves the right to close one or all of the Client's positions in case if the Client violates the terms of this Agreement and its annexes.
3.5 The Company has the right to reject the Client's order if the order was received before the first quote when the market was opened, in abnormal market conditions, if the order was received on a non-market quote, if the free margin is insufficient to open an order, upon the breach of the norms and provisions of this Agreement established by the Company and its annexes.
3.6 The Client is responsible for all the trading operations on his trading account and its results.
3.7 You can find the information about current swaps in the Client’s terminal. The Company reserves the right to change the swap values without prior notice to the Client, depending on the market conditions.
3.8 A rollover is charged for moving the open position to the next day.
3.9 The orders for positions opening are market orders Buy, Sell and pending orders Buy Limit, Buy Stop, Sell Limit, Sell Stop.
3.10 The opening of a buy order (long position) occurs at Ask price, the opening of a sell order (short position) occurs at the Bid price.
3.11 When opening a position, the Client is obliged to deposit a margin, the amount of which depends on the leverage, financial instrument and order volume. In case if the margin on the account is insufficient, the position will not be opened.
3.12 The execution of the client’s order occurs at the current price at the time of its processing, when the order is executed, slippage is possible, at which the order can be executed at the price closest to the one specified in the order.
3.13 The client can modify or delete a pending order that has not been sent for execution.
3.14 The Client understands that in order to prevent a forced position closing, it’s necessary to fulfill a condition of the margin level maintenance of the open position in accordance with the trading conditions on the Company's official website.
3.15 The Company has the right to apply new margin requirements in relation to national and international holidays, bank holidays and other similar situations.
3.16 The Client has the right to change the amount of the leverage for his trading account at his own discretion.
3.17 The Company reserves the right, at its discretion, to close the Customer's orders forcibly if the amount of margin funds on the Client's trading account has reached the Margin Call level.
3.18 Open positions will be forcibly closed without prior notification if the level of margin funds on the Client's trading account is less or equal to the value of Stop Out.
3.19 In order to reduce risks on the Client's trading account during unfavorable market conditions, for example during high volatility, the Company has the right, among other things, to:
3.19.1. Limit opening of orders;
3.19.2. Change the leverage / spreads / margin requirements.
- INACTIVE ACCOUNT
4.1 If on the Client’s operating account operations has not been executing during 30 calendar days, the operating account is considered inactive, and a commission of $ 25 for each period of 30 calendar days will be written off. This commission is charged only from accounts of the Clients, which balance is greater than zero.
- DEPOSITS AND WITHDRAWAL
5.1 The Client can deposit to his trading account through one of the ways offered by the Company on its official website at the appropriate time.
5.2. All deposits to the Client's trading account must be made from sources opened in the name of the Client. The company does not accept anonymous payments, as well as payments from third parties.
5.3 The Company has the right to request from the Client copies of documents confirming the identity and address of the Client's residence, the source of the funds origin and other necessary information, including notarized copies of the requested documents.
5.4 The Company has the right to recognize the Client's deposit transactions to his trading account as doubtful in the event, such as without limitation:
5.4.1 The Client's multiple deposits without trading operations;
5.4.2 The Client is suspected of money laundering;
5.4.3 Provision by the Client of forged documents or documents that are not
valid at the time of dispatch;
5.4.4 Lack of communication with the Client on the contacts indicated while registration.
5.5 If the Company recognizes the Client's deposits doubtful, as described in the previous paragraph 5.4., The Company has the right:
5.5.1. To deny the execution of any operations/transactions on the trading account;
5.5.2. To terminate this Agreement unilaterally;
5.5.3. Take any other actions that the Company deems appropriate.
5.6 The Company shall not be liable for the terms of receipt of a bank transfer, as well as for the period of the funds transfer through electronic payment systems or bank cards. The Client fully understands and accepts the risks associated with the delay in the timing of receipt of funds on the Client's trading account.
5.7 In order to ensure fulfilment with terms of this Agreement, the Company reserves the right, at its sole discretion, to send the Client's funds stored on segregated bank accounts to the bank accounts of liquidity providers.
5.8 If the Client deposits to his trading account in a currency other than the currency of the trading account, the funds are credited taking into account the currency conversion.
5.9 The Company has the right to introduce restrictions on the minimum and maximum amounts of deposits to the Client’s trading account, including a certain method of deposit.
5.10 The Client is obliged to inform the Company in case of delays of receipt of funds to the trading account / from the trading account.
5.11 In case if at the moment of processing by the Company of the Client’s order for withdrawal of funds from a trading account, the requested amount exceeds the amount of free margin on the Client's trading account, such request for withdrawal of funds will be rejected.
5.12 The client has the right to cancel a request for withdrawal of funds if the Company has not processed the request yet.
5.13 Withdrawal of funds from the trading account shall be executed to sources of deposit that belong to the Client, in proportion to the amount of deposits.
5.14 Withdrawal of the amount exceeding the total amount of the deposit shall be made to the foreign currency account that belong to the Client.
5.15 If the Client requests withdrawal of funds in a manner that is not available at the relevant time, the Company has the right to offer an alternative way of withdrawing of the Client's funds. The Client hereby confirms that the Company is not responsible for any inconvenience and/or damage.
5.16 If the currency of the withdrawal of funds from the Client's account differs from the account currency of the withdrawal method, the withdrawal is executed taking into account the currency conversion.
5.17 The Company reserves the right to introduce restrictions on the minimum and maximum amount of withdrawal of funds from the Client's trading account for a particular withdrawal method.
5.18 All the expenses associated with the withdrawal of funds from the Client’s trading account regardless the method of payment, are incurred by the Client.
5.19 The Client is totally responsible for reliability of data, indicated in the request for withdrawal of funds from the Client’s trading account.
5.20 The Company reserves the right to reject the request of withdrawal, as a whole or partially, if:
5.20.1 The Client’s request does not contain all the necessary information;
5.20.2 The Client has requested a withdrawal to the account that was not used for deposit to the account and/or an account that does not belong to the Client;
5.20.3 This trading account does not belong to the Client;
5.20.4 At the moment of payment, the Client’s account balance is lower than the amount indicated in the request for withdrawal, including all the commissions.
5.20.5 In case of force majeure;
5.20.6 The Company reasonably considers that the funds can be necessary for the fulfillment of the margin requirements.
5.20.7 Free margin is not sufficient for the fulfillment of the relevant withdrawal.
5.20.8 The Client has not fulfilled his obligations towards the Company.
5.21 The Client has the right to execute internal transfers of the available amount between his trading accounts. If there are opened positions on the Client’s trading account, the Company has the right to require closing such positions before the execution of funds transfer between the trading accounts has been processed. The responsibility for the results of such actions lies with the Client only.
5.22 The Client does not have the right to transfer funds to the accounts of third parties of the Company.
- FORCE MAJEURE
6.1 Force majeure is a circumstance of insuperable force, which does not depend on the will of the parties of the present Agreement, it is out of their control and influence the fulfilment of this Agreement.
- Force majeure is the following events, not limited to:
6.2.1 strikes, labor disputes, lock-outs, abnormal working conditions and Government restrictions, decisions of the authorities, etc.;
6.2.2 wars, military operations, threat of war, emergency cases, civil disorder, acts of terrorism, other disasters and crisis (political and economic nature), which, according to the Company, affect the normal functioning of the market;
6.2.3 acts of God and natural calamities, like tsunamis, earthquakes, hurricanes, floods, destructive fires, epidemics, etc. that make impossible the provision of services by the Company;
6.2.4 destabilization of the market, abnormal market conditions, suspension of the negotiations, liquidation or closure of any market, introduction of restrictions, abnormal trading conditions, etc.;
6.2.5 Failure or malfunction of networks and/or communication lines, which occurred not because of bad faith or malicious intent of the Company.
6.2.6 Financial insolvency of the liquidity provider, financial institution, intermediary agent, executive of the Company, stock, clearing house, etc., that prevent the Company to execute its functions.
6.3 The parties are not liable for failure to perform or improper performance of obligations under this Agreement.
6.4 In case of force majeure circumstances, the Company reserves the right without prior notification:
6.4.1 Change trading and non-trading conditions and requirements.
6.4.2 Close any or all of the Client's open positions at a price that is fair in the opinion of the Company and based on the current market situation.
6.4.3 Suspend and/or change one or various clauses of this Agreement until the termination of force majeure circumstances.
6.4.4 suspend the Platform;
6.4.5 reject new orders of the Client;
6.4.6 increase spreads;
6.4.7 change leverage;
6.4.8 take any action or refuse to take any action, if the Company considers it appropriate.
6.5 The Company is not responsible for any damage arising due to the failure to fulfill with obligations under this Agreement in the situation of force majeure.
- DISPUTE SETTLEMENT PROCEDURE
7.1 All disputes and claims between the Parties shall be settled by negotiation.
7.2 In exceptional cases, the Company has the right to demand from the Client an application specifying the claim on the disputed situation in writing. The dispatch method is decided on an individual basis.
7.3 In order to resolve disputes, the Client must send an e-mail to the Company's address indicated on the Company's official website or contact the Customer Support Service by phone number indicated on the Company's official website.
7.4. The company is obliged to consider the complaints in the shortest reasonable time.
7.5. The Company has the right to request any additional information and/or documents of the Client.
7.6 The Company has the right to refuse a consideration of the claim if such claim contains obscene language and/or contains insults or threats against the Company and/or its employees.
7.7 In case of a positive resolution of the disputed situation towards the Client, the Company executes the decision on the disputable situation in the shortest possible time.
7.8 The Company does not compensate for moral damage and does not accept for consideration claims for lost profit.
7.9. In case if the parties have not settled the dispute through peaceful negotiations, the dispute will be resolved according to the legislation of Vanuatu.
- APPLICABLE LEGISLATION AND JUISDICTION
8.1 Applicable legislation is the legislation of Vanuatu.
8.2 The judicial authorities of the State of Vanuatu shall have the right of exclusive jurisdiction in the context of his Agreement.
8.3 The Client is responsible for the execution of operations that are illegal in its jurisdiction.
- LIABILITY RESTRICTION
9.1 The Company exclusively executes the Client's trading orders. The Company, in its discretion, may provide information, recommendations, news, comments on the market and/or research results to the Client (via the website, in e-mails or in any other way), the Company is not liable for any losses, costs, expenses or damages incurred by the Client as a result of inaccuracy or error of the information provided.
9.2 The Company shall not be liable to the Client for direct or indirect losses, damages, lost profits, lost opportunities (including opportunities that may arise as a result of market movements), as well as expenses that the Client may incur in the course of validity period or as a result of the Agreement execution.
9.3 The Client, at his own discretion, can use any information and recommendations regarding trading operations. The Client is solely responsible for any financial losses that may occur due to the usage of this information and/or recommendations.
9.4 The Company has the right to modify, shorten, add or rename the Company's services.
- DECLARATIONS OF THE CLIENT
10.1 The Client hereby declares that the information provided by the Client to the Company is complete, update and reliable. Responsibility for providing incomplete, irrelevant and unreliable information lies entirely with the Client.
10.1.2 The Client is 18 years old (or is of legal age), is of sound mind, and is able to make independent decisions.
10.1.3 The Client uses the intellectual property of the Сompany only for the provided purposes.
10.1.4 The Client acts as principal and not as an agent, representative, or confidant, unless the Client and the Company have agreed otherwise in writing, and the Client has provided all the documents required by the Company. The Client may act on behalf of a third party only if the Company gives its consent in writing and all documents required by the Company in this case were provided to the Company.
10.1.5 The Client does not use the funds obtained as a result of his criminal activity of financing terrorism for trading.
10.1.6 The Client is not a politically exposed person, meaning:
- Head of State, head of Government, Minister, Vice Minister; Member of Parliament; Member of Supreme Courts, Constitutional Courts or other judicial bodies of high level; Member of Court of Auditors or of the boards of Central Banks; Ambassador, Responsible for business, or high official of the Armed Forces; Member of administration, management or supervisors bodies of public firms, as well as to be immediate family members of the persons listed in this paragraph, as follows: spouse; partner, equated to spouse by national legislation; children and their spouses or partners; parents. However, it means that any of the categories set out in the above shall not include intermediate or lower level officials. In case if the person has stopped taking a prominent public post for a period of at least one (1) year, this person is not considered a person politically exposed according to the same definition.
- An individual who is a joint beneficiary part of legal persons, or which is in any close business relationship with the person specified in this paragraph. The Client will have to notify the Company in case if within the period of valid legal relationship of the Client with the Company, he fills a post considered politically exposed according to mentioned above in the present clause.
10.1.7 The Client is aware and completely understands risks related to margin operations.
10.1.8 The client has regular access to Internet and agrees to receive any information about the Company through a website or by e-mail.
10.1.9 The client is obliged to take necessary measures in order to protect the system against viruses and other malicious materials, which could damage the platform, the web site or the Company in general, and not to perform any actions aimed at the violation of the integrity of the Company's computer system, the platform, the web site or the Company in general.
10.1.10 Perform any activity to break the integrity of the Company's computer system or the platform.
10.1.11 The Client may not hide or delete the notices of copyright, registered trademarks or any other notices or symbols of the objects of intellectual property of the Company, its web site or platform, and not to change, publish, transfer to third parties, distribute or reproduce the information, provided by the Company, as a whole or in part, without the written consent of the Company.
- BROKER OF INTRODUCTION
- The Company does not take the responsibility for work and/or declarations of the Broker of introduction; and the Company is not bound by the agreements signed between the Client and the Broker of introduction.
- The legal relationship between the Client and the Broker of introduction can involve additional expenses whereof the Client should be informed properly.
- NON-FULFILMENT OF THE OBLIGATIONS
12.1 The Client fails to fulfill his obligations in following cases:
12.1.1 The Client denies fulfilling any obligations towards the Company;
12.1.2 The Client does not pay the amount owed to the Company;
12.1.3 Death of the Client, disappearance of the Client, or a mental disorder (if the Client is a natural person).
12.1.4 Requirement of the court or competent authority to apply to the Client the measures, requirement of Vanuatu legislation or any other jurisdiction
12.1.5 The Client uses the abusive trading methods, among others:
- ‘Scalping’ that is a closed operation within the period less or equal to 120 seconds from the moment of its opening;
- ‘Pip-hunting’ that is a closed operation in order to obtain benefits that equal to 1 ‘pip’ or mark.
12.2. If the events described in the previous clause of this agreement take place, the Company has a right to take one or more of the following measures:
12.2.1 Terminate the present Agreement on a unilateral basis and without previous notice to the Client.
12.2.2 Close open position (positions);
12.2.3 Restrict an access to the platform;
12.2.4 Suspend or prohibit any activity in the platform;
12.2.5 Reject or suspend an order (orders);
12.2.6 Cancel the profit acquired by any of the exceptions set out in the clause 10.1. or due to the use of artificial intelligence on the Client's operating account;
12.2.7 Bring actions for the recovery of damages caused to the Company.
- TERMINATION OF THE AGREEMENT
13.1 In order to terminate this Agreement, one of the parties must deliver to another party a notice in writing fifteen (15) days prior to its termination; after that the Agreement will be terminated and all the fees, costs and expenses to be paid by the Client to the Company, according to this Agreement or due to its termination, shall be paid immediately.
- The termination of this Agreement shall not affect the rights and liabilities arising from this Agreement and the operations carried out according to this Agreement.
- Before the termination of this Agreement:
- the Client should close open positions in his operating account, otherwise, the Company has the right to close all open positions on the Client’s trading account in its absolute discretion;
- the Company has a right to cancel or restrict Client’s access to the platform;
- the Company has a right to reject new orders of the Client;
- The Company has a right to reject Client’s requests about withdrawal of funds and hold the Client's funds from his Trading Account if necessary, in order to close open positions of the Client and/or in case if the Client has to make payments according to the present Agreement.
14.1 The official language of the Company is English. In case of divergence of interpretation of the present Agreement, English text will prevail.
14.2 The information provided in languages other than English is provided for information purposes only, and the Company is not responsible for the accuracy of such information.
14.3 The Company can provide support and services of the Compliance department in local languages.