The Company may also register and operate other websites mainly for promotional and marketing purposes in languages other than English. The Client accepts and understands that the official language of the Company is the English language.
This Agreement applies to services provided with respect to all client account types.
This Agreement (and any amendments to this Agreement) supersedes any previous agreement between the Company and the Client on the same subject matter and takes effect between the Company and the Client.
This Agreement sets out the basis on which the Company agrees to provide its Services.
This Agreement is provided to assist the Client in making an informed decision about the Company, its services and the risks of the Financial Instruments.
This Agreement should be read in its entirety in deciding whether:
- to buy, sell or to continue to hold any Financial Instrument; and/or
- to be provided with the Services.
The Company will provide to the Client the following Services:
Execution of orders on behalf of Clients in relation to the Financial Instruments below:
- Contracts for Differences on spot FOREX.
The Services shall involve Transactions in Financial Instruments not admitted to trading on Regulated Markets. By accepting this Agreement the Client acknowledges and agrees that he has given express prior consent to the execution of orders by the Company outside a Regulated Market.
Forex Trading, like all speculative investments, involves risk. To lower the risks, you should be fully informed of opportunities and ups and downs before any investment decisions are made. These risks may include financial, legal, or fiscal aspects. Please note that the historical performance of a currency trading system or Forex trading strategy cannot be indicative of future results.
The Company will not be liable to the Client for any loss (including any loss of profits, income or opportunity) the Client or any other person may suffer or incur as a result of or in connection with any Manifest Error (including any Manifest Error by the Company) or the Company decision to maintain, amend or declare void any affected Transaction, except to the extent that such Manifest Error resulted from the Company own willful default or fraud, as determined by a competent court in a final, non-appealable judgment.
The Company shall not be liable to the Client for a failure to perform any obligation or discharge any duty owed under this Agreement if the failure results from any cause beyond its control, including, without limitation:
- acts of God, war, fire, flood, earthquake or other natural disaster;
- terrorist attack, civil war, threat of or preparation for war, imposition of sanctions, explosions;
- Postal or other strikes or similar industrial actions or disputes;
- any law or any action taken by a government or public authority;
- any breakdown, or interruption of power supply or failure of utility service or of transmission or communication or computer facilities;
- hacker attacks or other illegal actions against the Company’s electronic Trading Platform or of the equipment of the Company;
- the suspension, liquidation or closure of any market or the abandonment or failure of any event to which the Company relates its Quotes, or the imposition of limits or special or unusual terms on trading in any such market or on any such event;
- the failure of any relevant exchange, clearing house and/or broker for any reason to perform its obligations;
The Company may be required to have arrangements in place to manage conflicts of interest between the Company and its clients and between clients themselves. The Company will take all reasonable steps to avoid conflicts of interest. When conflicts of interest cannot be avoided the Company shall disclose to the Client the nature and source of the conflict. The Company shall at all times ensure that clients are treated fairly and with the highest level of integrity and that their interests are protected.
The Company is obliged to follow certain requirements as set out by international standards as well as local authorities for preventing and suppressing money laundering activities, which requires investment firms to obtain certain verification documents from Clients.
The Company may request the Client to inform the Company how the invested funds were obtained/accumulated and obtain verification documents from Clients.
The Company has the right not to carry out orders or instructions received from the Client, as long as the Client has not supplied information requested by the Company. The Company takes no responsibility for any possible delays where the Client’s verification documents are outstanding.
Unless otherwise specified, the Client has to send any notice, instruction, request or other communication via e-mail at email@example.com.
All notices/information provided by the Company or received from the Clients should be in the English language.
The Company shall be entitled to disclose personal information without informing the Client to any regulatory or governmental authorities as may be required and/or where the Client is directly or indirectly involved in fraud.
On a continuing basis, a Client represents, warrants, covenants and undertakes to the Company, both in respect of himself and any other person for whom the Client acts as an agent, that:
- The Client is authorized and has the capacity to enter into this Agreement and any transactions which may arise under them;
- The Client is over 18 years old;
- The Client is warrants that the information that he provides on the account opening form (registration process) as well as in any other documentation is complete, true and accurate. For any change or amendment in the above mentioned information, including change of address, the client remains responsible to notify the Company;
- The Client has obtained the necessary approvals from the relevant regulatory/legal and compliance authorities to make use of the services provided pursuant to this Agreement.
- The Client has read and fully understood the entire contents of this Agreement with which he fully accepts and agrees;
Access to the Trading Systems is provided “as is”. The Company makes no warranties (express or implied), representations, or guarantees as to merchantability, fitness for any particular purpose or otherwise with respect to the Electronic Systems, their content, any documentation or any hardware or software provided by the Company. Technical difficulties could be encountered in connection with the Electronic Systems. These difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. In no event will the Company or its affiliates or any of their employees be liable for any possible loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable or special damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, deactivating or attempting to access the Electronic Systems or otherwise. The Company further reserves the right, in its reasonable discretion to unwind an executed Transaction or adjust the price of executed transactions (including Transactions that have been confirmed or settled) to a fair market price if the transaction was mispriced because of technical difficulties with the Electronic Systems.
The Company shall not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing the services as described in this Agreement.
The Company shall not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful default or fraud of any third party (e.g. bank, electronic payment provider, etc.) which it has taken reasonable care in appointing.
Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not.
This Agreement as well as any additional agreement hereto (both present and future) are made in English. Any other language translation is provided as a convenience only. In the case of any inconsistency or discrepancy between original English texts and their translation into any other language, as the case may be, original versions in English shall prevail.