General Terms and Conditions
These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the legal relationship between DIGITAL SMART CY LIMITED, Address: 6 Koutsoventi street, 4101 Agios Athanasios Limassol, Cyprus. Company business number: HE 410889 (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of 9expert.com (hereinafter referred as the “Website”)- The Client confirms that he/she has read, understood and accepted all information, conditions and terms set out on the Website which are open to be reviewed and can be examined by the public and which include important legal Information.
- By accepting this Agreement, the Client agrees and irrevocably accepts the terms and conditions contained in this Agreement, its annexes and/or appendices as well as other documentation/information published on the Website, including without limitation the Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order Execution Policy and Anti-Money Laundering Policy. The Client accepts this Agreement by registering an Account on the Website and depositing funds. By accepting the Agreement, and subject to the Company’s final approval, the Client enters into a legal and binding agreement with the Company.
- The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of an advance payment made by the Client. As soon as the Company receives the Client’s advance payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
- The Client hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on the Trading Platform, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance with the terms and conditions of this Agreement and other documentation/information on the Website.
- By accepting this current agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement, either via email or through the Website.
1. Terms
- Account – means a unique personified account registered in the name of the Client and which contains all the Client’s transactions/ operations on the Trading Platform (as defined below) of the Company.
- Ask – means the higher price in a quote. The price the Client may buy at.
- Bid – means the lower price in a quote. The price the Client may sell at.
- Binary Options and/or All or Nothing Options and/or Turbo Options – means financial instruments where a prediction is made on the direction of the price movement of an asset at a certain period of the day. The payout is pre-determined as a fixed amount whether the option expires in the money or if the option expires out of the money.
- Digital Option Contract – means a type of derivative instrument where the Client earns a payout if they correctly predict the price movement of the underlying asset at the time of the option’s expiry. The prediction can be made as to whether the value of the underlying asset will fall above or below the strike price at the time of expiration. Should the option expire at the selected strike price, it will be considered to expire out-of-the money and will result in the loss of the invested amount.
- Execution – means the execution of Client order(s) by the Company acting as the Client’s counterparty as per the terms of the present agreement.
- Financial Instruments – means the Financial Instruments as per paragraph 2.4 below that are available on the Company’s Trading Platform.
- KYC documents – means the documents to be provided by the Client, including without limitation a copy of the passport or ID and utility bill of the Client, in case it is a natural person and/or certificates showing the management and ownership going all the way up to the ultimate beneficial owner, in case it is a legal entity, and any other documents the Company may request upon its sole discretion.
- Market – means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not and whether it is in the relevant jurisdiction or abroad.
- Market Maker – means a company which provides BID and ASK prices for financial instruments.
- Operations – means actions performed at the Client’s Account, following an order placed by the Client, connected with but not limited to crediting of funds, return of funds, opening and closing of trade transactions/positions and/or that relate to financial instruments.
- Prices – means the prices offered to the Client for each transaction, which may be changed without prior notice. Where this is relevant, the “Prices” given through the Trading Platform include the Spread (see definition below).
- Services – means the services described in section 2 of this Agreement through the Trading Platform.
- Spread – means the difference between the purchase price Ask (rate) and the sale price Bid (rate) at the same moment. For avoidance of doubt, a predefined spread is for the purposes of this Agreement assimilated commission.
- Trading Platform – means an electronic system on the internet that consists of all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.
- Introducing Broker – means any person (natural person or a legal entity) who wishes to refer Clients to the Company and has entered into an Introducing Broker Agreement and
2. Subject of the Agreement and Services
- The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform.
- The Company shall carry out all transactions as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided in this Agreement, even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Trading Platform.
- The Investment and Ancillary Services which the Company should provide under the
terms of the Agreement are stated below, and the Company will provide them in its
capacity as a market maker under the terms of this Agreement. In addition, the Company
may, at its sole discretion without providing prior notice to the Client, decide to transmit
orders and/or be an intermediary for Clients’ transactions. The Services that the
Company provides in relation to one or more Financial Instruments are the following (the
list below shall not be regarded as exhaustive):
- Investment services
- Reception and transmission of orders in relation to one or more Financial Instruments.
- Execution of the orders on behalf of the Clients.
- Ancillary Services
- Safekeeping and administration of the Financial Instruments for the Client’s Trading Account, including custodianship and related services such as cash/collateral management.
- Granting credits or loans to one or more financial instruments, where the firm granting the credit or loan is involved in the transaction.
- Foreignexchangeserviceswheretheseareconnectedtotheprovisionof the Investment Services. The Company does not provide investment, tax or trading advice unless specified as such between the Client and the Company in a separate agreement. Our services include ‘execution only’ meaning that the Company will act on your instructions and will not advise you on any transaction, nor will we monitor your trading decisions to determine if they are appropriate for you or to help you avoid losses. You should obtain your own financial, legal, taxation and other professional advice.
- Financial Instruments (the list below shall not be regarded as
exhaustive):
- Option contracts (i.e. Digital Options and/or Binary Options and/or Blitz Options) in stocks, commodities, indices and currency pairs;
- Investment services
3. General Provisions
- Subject to the provisions of this Agreement, the Company agrees to provide the Client
with the Services subject to the Client:
- Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
- Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.
- Not being a USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican,any country of the European Economic Area and/or other non-serviced countries.
- The Company will offer Services to the Client at the absolute discretion of the Company, subject to the provisions of this Agreement.
- The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Trading Platform, Website and/or through his/her Account, that would, as a result, exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as collateral, either in the form of a lien or otherwise, to the Company by the Client by which the obligation of the Client to pay any money to the Company is secured.
- The Company shall facilitate the execution of trade activities/orders and/or transactions of the Client, but the Client hereby acknowledges and accepts that the Company shall not at any time provide any trust services and/or trading consultation or advisory services to the Client.
- The Company shall process all transactions/Operations of the Client in accordance with the terms and conditions of this Agreement and on an execution-only basis. The Company shall not manage the Client’s Account nor advise the Client in any way.
- The Company shall process the orders/transactions requested by the Client under this Agreement, irrespective of whether such orders/transactions may result in not being beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction/order, to make margin calls to the Client, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to process or attempt to process the Client’s order/transaction using quotes more favorable than those offered through the Trading Platform.
- The Company shall not be financially liable for any operations conducted by the Client through the Account and/or on the Trading Platform.
- Each Client shall be the only authorized user of the Company’s services and of the corresponding Account. The Client is granted an exclusive and non-assignable right to the use of and to access the Account, and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to and/or trade through the Account assigned to her/him.
- The Client shall be liable for all orders given through his security information, and any orders received in this manner by the Company shall be considered to have been given by the Client. So long as any order is submitted through the Account of a Client, the Company shall reasonably assume that such orders are submitted by the Client and the Company shall not be under any obligation to investigate further into the matter. The Company shall not be liable to and/or does not maintain any legal relations with any third party other than the Client.
- If the Client acts on behalf of any third party and/or on behalf of any third party’s name, the Company shall not accept this person as a Client and shall not be liable before this person, regardless if such person was identified or not.
- The Client has the right to cancel his order given to the Company within 3 seconds after the moment of giving such order to the Company (hereinafter referred to as the “Cancellation”). The client agrees and understands that the three seconds cancellation option offered by the Company is applicable and available for the client as long as the price remains unchanged. Three seconds from the moment of giving the order to the Company by the Client via the platform, the Company may (but is not obliged to) offer to buyout the option from the Client and the Client has the right to agree to such offer (hereinafter referred to as the “Buyout”). The Client is entitled to use such Cancellation or Buyout option subject to the conditions specified on the platform. Such conditions can also include the fee charged by the Company. Such a fee is specified on the platform. The Company is obliged to provide all necessary information as to the conditions of Cancellation and Buyout, their cost, etc. The Client acknowledges and agrees that the provision of such information on the platform is sufficient. The Client acknowledges and agrees that the use of Cancellation or Buyout is very risky to the Client as long as the cost of Cancellation and/or Buyout depends on the market situation. The Client acknowledges and agrees that he bears all the risks associated with the use of Cancellation and/or Buyout.
- The Client is entitled to use such Cancellation or Buyout option subject to the conditions specified on the Trading Platform/Website, including without limitation to any fee to be charged by the Company. The Company shall be obliged to provide all necessary information as to the conditions of Cancellation and Buyout, including any applicable costs, etc. The Client acknowledges, accepts and agrees that the provision of such information on the Trading Platform is sufficient. The Client acknowledges, accepts and agrees that the use of Cancellation or Buyout option entails large risks for the Client, especially in the case where the costs associated with Cancellation and/or Buyout, depend on the market situation. The Client acknowledges, accepts and agrees that he/she shall bear all risks associated with the use of the Cancellation and/or Buyout option.
- It is understood and agreed by the Client that the Company may from time to time, at its sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of receiving payment execution services. These funds will be held in segregated accounts from such third party’s own funds and will not affect the rights of the Client to such funds.
- Provision of investment advice shall only be carried out by the Company subject to a separate written agreement with the Client and after assessing the Client’s personal circumstances. Unless such written agreement has been entered into between the Client and the Company, the provision of reports, news, opinions, price movement alerts as displayed in the Company’s trading platform and any other information by the Company to the Client does not constitute investment advice or investment research.
4. Execution of Orders / Electronic Trading
- By accepting this Agreement, the Client accepts that he has read and understood all the provisions of this Agreement and related information on the Website. The Client accepts and understands that some orders shall be executed by the Company as the counterparty of the transaction in its capacity of Market Maker and shall act as a principal and not as an agent on the Client’s behalf for the purpose of the Execution of orders. The Client is informed that Conflicts of Interest may arise because of this model. Moreover, the Client further accepts that the Company may transmit some orders and act as an intermediary for Clients’ transactions. Reception of the order by the Company shall not constitute acceptance, and acceptance shall only be constituted by the execution of the order by the Company.
- The Company shall be obliged to execute the Client’s orders sequentially and promptly.
- The Client acknowledges and accepts a) the risk of mistakes or misinterpretations in the orders sent through the Trading Platform due to technical or mechanical failures of such electronic means, b) the risk of any delays or other problems as well as c) the risk that the orders may be placed by persons unauthorized to use and/or access the Account, and the Client agrees to indemnify the Company in full for any loss incurred as a result of acting in accordance with such orders.
- The Client accepts that during the reception and transmission of his/her order, the Company shall have no responsibility as to its content and/or to the identity of the person
- The Client acknowledges that the Company will not take action based on the orders transmitted to the Company for execution by electronic means other than those orders transmitted using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such orders.
- The client acknowledges and agrees that any products or services that may be offered by the Company may not always be available for purchasing or use for trading purposes, and it is in the Company’s absolute discretion whether it will make these products available or not to the clients at any time. The Company shall bear no liability, monetary or otherwise, in relation to this section, including without limitation to not making available any product at any given time.
- The client agrees and understands the following in consideration of the below corporate
actions:
- Where it is publicly available that a specific Company has filled and/or is in the process of filing for Chapter 11 under US bankruptcy law and/or an equivalent to Chapter 11 corporate action related to bankruptcy and/or bankruptcy law under any national legislation/regulations, the Company reserves the right to close any and all relevant positions in regard to the asset(s) of such Company and suspend the related asset(s); the client’s position(s) held in the referred asset(s) will be closed by the Company with the last available price on the platform and the client will receive a prior notice on this matter. It should be noted that the Company will not be held liable for any losses incurred to the client in relation to the aforesaid closure of the position(s) and/or the suspension of the asset(s).
- In circumstances where the underlying asset offered by the Company might be subject to split and/or reverse split, the Company may decide to close the client’s position(s) held in the referred asset with the last available price on the platform prior to the occurrence of the split and/or reverse split event and the client will receive a notification in this regard.
- The Client acknowledges that the Company will have the right, at any time and for any
reason and without justification, at its sole discretion, to refuse to execute orders,
including, without limitation, in the following circumstances:
- If the execution of the order aims or may aim to manipulate the market price of the financial instruments (market manipulation);
- If the execution of the order constitutes or may constitute abusive exploitation of confidential information (insider trading);
- If the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities (money laundering);
- If the Client has insufficient funds to cover the purchase of financial instruments or if there is an insufficient number of financial instruments to cover their sale;
- If the Client fails to fulfill any of his/her obligations towards the Company under this Agreement;
- The Company’s own exposure levels as set out in the Company’s internal policies have been reached in respect of the Financial Instrument or the underlying asset of the Financial Instrument the Client wishes to buy/sell. In this event, the Company reserves the right to limit the size of trades and/or transactions;
- If the Client seeks to become or becomes a US Reportable Person or a resident of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican,any country of the European Economic Area and/or other non-serviced countries
5. Limitation of Liability
- The Company does not guarantee uninterrupted service, safe and errors-free, and immunity from unauthorized access to the trading sites’ servers nor disruptions caused from damages, malfunctions or failures in hardware, software, communications and systems in the Client’s computers and in the Company’s suppliers.
- Supplying services by the Company depends, inter alia, on third parties and the Company bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to the Client and/or third party as a result of and/or in relation to any aforesaid action or omission.
- The Company will bear no responsibility for any damage of any kind allegedly caused to the Client, which involves force majeure or any such event that the Company has no control of and which has influenced the accessibility of its trading site.
- Under no circumstances will the Company or its Agent(s) hold responsibility for direct or indirect damages of any kind, even if the Company or its Agent(s) had been notified of the possibility of aforesaid damages.
- In case a Client registers an Account through an Introducing Broker, referring agents, or other third parties, it is hereby agreed as follows:
- ● The Company shall not be responsible or liable for any agreement or arrangement that may exist between the Client and these persons, or for any additional costs that may arise as a result of such agreement;
- ● The Introducing Broker and/or referring agents are not representatives or agents of the Company, and they do not act on behalf of the Company. In this respect, they are not authorized to provide any guarantees or any promises regarding the Company or its services nor provide advice or personal recommendations to the Client regarding the Client’s Account and/or transactions and the Company shall accept no responsibility whatsoever for any such advice or recommendations.
6. Settlement of Transactions
- The Company shall proceed to a settlement of all transactions upon execution of such transactions.
- An online statement of Account will be available for printing to the Client on the Trading Platform of the Company, at all times.
7. Rights, Obligations and Guarantees of the Parties
- The Client shall be entitled to:
- Submit with the Company any order requesting the execution of a transaction/Operation on the Website in accordance with and subject to the termsand conditions of this Agreement;
- Request withdrawal of any amounts subject and in accordance with the Withdrawal Policy, and provided that the Company has no claims against theClient and/or the Client does not have any outstanding debts to the Company;
- In the event that the Client has any alleged complaint against the Company and/or there is any dispute between the Client and the Company, then the Client can submit his/her complaint, to include all relevant particulars and details, to the Company at complaints@9expert.com . The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time (i.e. within 3 months from the date of acknowledging receipt of the complaint). The Company may extend this timeframe if deemed necessary, and in such case, the Company shall notify the Client accordingly.
- Unilaterally terminate the Agreement provided that there is no debt outstanding from the Client to the Company and such termination is made in accordance withsection 16 herein.
- The Client:
- Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.
- Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement.
- Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;
- Shall be liable for all orders submitted through his/her security information, and any orders received in this manner by the Company shall be considered to have been given by the Client;
- Hereby accepts the risk of orders placed by unauthorized persons and/or trading
account used by someone without the client’s permission (hereinafter collectively
referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to
indemnify the Company in full for any and all losses, costs and expenses derived
as a result. In this case, the client further agrees and accepts the following:
- The client shall notify the Company immediately regarding unauthorized access to his/her trading account;
- The Company shall be entitled to block immediately the client’s trading account and increase the processing time and/or cancel withdraw requests without prior notification to the Client, and the client will not be entitled to any profits made during the time the account was unauthorized accessed;
- The client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account.
- Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that section 15.4.XI has been breached.
- Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion.
- Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company, which the Company shall disclose to and/or make available to the Client from time to time.
- Accepts any risk, including without limitation any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized parties.
- Shall notify the Company of any changes of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect.
- Shall register only 1 (one) Account with the Company. In case that the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled at the absolute discretion of the Company. All such multiple accounts can be blocked at the Company’s absolute discretion, and the Company shall be entitled to terminate this Agreement immediately, close the account and all open positions.
- Shall indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data.
- Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax.
- Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure.
- Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as ‘Closing Time’ and the relevant expiring transaction referred to as an ‘Expiring Transaction’). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction.
- Acknowledges that the Company prohibits third-party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right, at its discretion, if it has identified a third-party or anonymous deposit, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method, and any profits accumulated by the Client using third-party or anonymous funds will not be made available to the Client.
- Agrees that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference.
- Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client’s equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies.
- Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise.
- Acknowledges that the Company has the right to refuse to execute any transaction/Operation, place restrictions and/or close the client’s trading accounts operated by the Company under this brand and any other associated brands. The Company may exercise this right for reasons including, but not limited to, fraudulent activities and/or other violations of the Company’s terms and conditions. Clients acknowledge and agree that such actions by the Company shall not give rise to any claims or liabilities against the Company.
- Acknowledges and accepts that this Agreement and/or any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client.
- If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice.
- The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended.
- The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website, and in the event of a dispute, the latest version shall prevail.
- In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.
- The Client hereby warrants and represents to the Company that he/she:
- Is not residing in any country where distribution or provision of financial products or services offered by the Company would be contrary to local law or regulations.
- Is responsible for ascertaining the terms of, and shall comply with, any and all applicable local laws and/or regulations to which he/she is subject to.
- Has the legal capacity/competence, is of sound mind and has reached the age of maturity in the country which he is resident or citizen;
- Is not a USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican, any country of the European Economic Area and/or other non-serviced countries
- Is not under any legal disability with respect to, and is not subject to any laws or regulations which prevents his/her performance of this Agreement or any contract or transaction contemplated by this Agreement.
- The Client acts as principal and not as an authorized representative / attorney or trustee of any third party.
- The monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company are not connected directly or indirectly to any illegal and/or criminal activities and/or terrorism.
- The monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company, shall belong exclusively to the Client and at all times be free from any charge, lien, pledge or encumbrance, unless the Client has otherwise disclosed to the Company in writing.
- The financial instruments, information and/or legal documents, which the Client delivers to the Company are authentic, valid and free of any defect, and they shall have the legal effect which they contend to have.
- The Client certifies that he has provided accurate, complete and true information about himself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in Account closure, Account limitations and/or voiding of any transactions.
- The Client will provide KYC documents to the Company within a period not exceeding 7 days from the moment of depositing funds.
- The Client confirms that the purpose and reason for registering and operating an Account is to trade, on his/her personal/own behalf, in any financial instruments and to take advantage of the Services offered by the Company. The Client warrants that should the reason for operating an Account change, he/she will inform the Company immediately.
- The Client warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or upon the execution of any transaction/Operation and/or trade, through the Account and the provision of the Services.
- The Company shall be entitled to:
- Modify the size of the value of the Company’s financial obligations to the Client with changes of the appropriate entry of the trade operations register in case ofviolation of one or several provisions of the Agreement herein by the Client.
- The Company reserves the right to change, add or set as default the option payments rate, return rate, the possibility of adjusting the return rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the assets. The company shall be entitled to limit the maximum amount of purchased options for 1 (one) minute, 1 (one) hour, 1 (one) calendar day.
- Contact the Client with any question concerning the Agreement herein, including, in order to clarify the Client’s intentions regarding his/her actions through theAccount.
- Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Client. The Company shall notify the Client of any such changes through the Website and/or by the delivery of an email to the Client.
- Modify the size of the value of the Company’s financial obligations to the Client, if fulfillment of Operations on the Trading Platform does not comply with conditions of the Agreement herein.
- Engage third parties with a view to cooperating in order to facilitate and/or enhance any and/or the provision of the Services under this Agreement.
- With regard to any matters and/or obligations that are not covered by this Agreement, the Company shall act accordingly upon its own discretion, but at all times in accordance with business custom and existing practices within the line of the Services.
- The Company reserves the right to request additional supporting documents and/or information during the verification of the Client’s Trading Account and on an ongoing basis during the business relationship if such information is necessary so as the Company may efficiently offer its services to the Client. In case the Client fails to provide the Company with any additional supporting documents including, inter alia, up-to-date verification documents, within the specified timeframe, the Company shall be entitled to terminate this Agreement immediately, close the account and all open positions.
- Obligations of the Company:
- Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Client is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, the Company shall offer the Services through the Website;
- To fulfill the provisions of the Agreement herein.
8. Indemnity and Liability
- The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
- The Company shall not be liable for any direct and/or indirect loss, expense, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
- The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
- The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment or any act done or which the Company has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
- The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
- In the event that the Company acts as an intermediary to Clients transactions, the Client
hereby agrees and acknowledges that:
- under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
- Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company’s aforesaid action.
9. Personal Data
1. By accepting the terms and conditions of this Agreement, the Client irrevocably consents to the collection and processing of his/her personal data/information by the Company without the use of automatic controls, as the same are provided by him/her to the- The Client shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.
- The purpose of collecting and processing the personal data is to comply with applicable regulating legislation requirements, including without limitation anti-money laundering regulations, as well as for any and all purposes in relation to this Agreement, including without limitation to enable the Company to discharge its obligations towards the Client.
- The Client acknowledges and consents to that, for the purposes described in the section directly above, the Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy such personal data and/or perform any other actions according to the current regulating legislation.
- The Client acknowledges and consents to the Company storing, maintaining and processing his/her personal data in the manner as described in this Agreement during the term of the Agreement and for a minimum of 7 years following any termination of the Agreement.
- The Client hereby acknowledges, accepts, agrees and consents to the disclosure of personal data by the Company to third parties and their representatives, solely for the purposes of the Agreement, including without limitation in order to facilitate processing/execution of the Client’s orders/Operations, provided that at all times (i) the amount of personal data to be disclosed to any such third party is proportionate and/or limited solely to facilitate to the actions as described above, and (ii) the Company shall ensure that such third party shall treat the personal data in accordance with applicable laws and regulations.
- The Company shall not be entitled to make available the personal data in public and/or disclose such personal data for any other purposes, subject to disclosure required under applicable laws and regulations.
- During processing of the personal data, the Company shall take necessary legal, organizational and technical measures to protect such personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from any other illegal actions.
10. Assignment
- The Agreement shall be personal to the Client, and the Client shall not be entitled to assign or transfer any of his/her rights or obligations under this Agreement.
- The Company may at any time assign or transfer any of its rights or obligations under this Agreement to a third party. The Company shall notify the Client of any such assignment.
11. Risk Statement
- The Client hereby confirms to have read, understood and hereby accepts the risk statement relating to the use of Services on the Website, as the same is available electronically via the Website.By accepting this Agreement, the Client accepts that the Client has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Financial Instruments and/or Service(s) which can be found in our Risk Disclosure.
12. One-Click Trading Terms and Conditions
- One-Click Trading mode allows you to perform trading operations on the platform with only one click on the Buy/Call or Sell/Put buttons, without any additional confirmations.
- Opting in for the One-Click Trading mode means that you acknowledge that you have read and understood the following terms and conditions, and you agree to be bound hereby.
- Your current version of the platform enables you to choose between the following modes
for order submission. You agree that you will be bound by the procedures and conditions
specified herein with respect to each such mode.
- ● There are several steps you have to follow when using the default mode for the submission of orders. Using the default mode, you first invoke the instruments menu and choose the assets you want to trade. Then you select all parameters depending on the instrument you have chosen and confirm your order submission by clicking either Buy/Call or Sell/Put buttons depending on the particular order type selected and your trading intentions. Using the default mode, a confirmation window will appear, and you will have to confirm your intentions and the trade details in order to confirm the transaction. Your order will not be submitted until you have completed the aforementioned procedure.
- ● The One-Click Trading mode for order submission (“One-click trading”) is a one-step process. You will be submitting orders when you single-click either Buy/Call or Sell/Put buttons.
- There will be no subsequent confirmation prompt for you to click; hence you should ensure beforehand that all parameters are set based on your trading intentions. You will not be able to withdraw your order once you click the Buy/Call or Sell/Put buttons (with the exemption of a 3-second cancellation period for binary options) and only certain parameters can be modified after having opened a trade. Under normal market conditions and system performance, a market order will be promptly filled after submission, and you will have entered into a binding transaction.
- You can activate or deactivate One-Click Trading mode in the settings of the platform. One-Click Trading can be activated or deactivated for one or several instruments in the settings.
- By selecting the One-Click Trading mode, you understand that your orders will be submitted by clicking the Buy/Call or Sell/Put button, without any further order confirmation. You agree to accept all risks associated with the use of the order submission mode you have chosen, including, without limitation, the risk of errors, omissions or mistakes made in submitting any order.
- You agree to fully indemnify and hold harmless the Company from any and all losses, costs and expenses that may incur as a result of any such errors, omissions or mistakes by you or any other person trading on your behalf.
- If you accept the One-Click Trading terms and conditions, tick the “buy in one click” option when opening trades on the platform. If you do not accept the conditions, do not tick the box and do not use the One-Click Trading function.
13. Charges and Fees
- The Company shall be entitled to receive a fee from the Client regarding the Service(s), provided by the Company.
- The Company may pay a fee/commission to the Introducing Broker, referring agents, or other third parties based on a written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters. All applicable fees or charges can be found on the Company’s Website (General Fees). The Company has the right to amend its fees and charges from time to time.
- The Client agrees that any amounts sent by the Client will be deposited to the Account at the value on the date of the payment received and net of any charges / fees charged by the bank or any other intermediary involved in such transaction process and/or in any other case, the Client shall authorize the Company to withdraw the fee by way of transfer from the Client’s Account.
14. Governing Law
- The terms and conditions of this Agreement as well as any matters pertaining to this agreement, including without limitation to matters of interpretation and/or disputes, shall be governed by the laws of Saint Kitts and Nevis.
- The Company and the Clients irrevocably submit to the jurisdiction of the courts of Saint Kitts and Nevis.
- The Company shall be entitled to use the interpreter’s services during the court trial in case of dealing with a disputable situation according to the legislation of Saint Kitts and Nevis.
15. Duration and Termination of the Agreement
1. The Agreement herein shall be concluded for an indefinite term.- The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
- In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
- The Agreement may be terminated in any of the following circumstances:
- Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice. During the 15 days notice, the Company may limit the services available to the Client; however, access will be granted in order for the Client to withdraw any remaining balance.
- TheCompanyshallbeentitledtoterminatethisAgreementimmediately,closeall open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
- Death or legal incompetence of the Client.
- If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken.
- The Client violates, or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
- If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
- If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican,any country of the European Economic Area and/or other non-serviced countries.
- The Company has suspicion based on available information that the Client:
- Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
- Has illegally and/or improperly and/or unfairly and/or otherwise gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
- Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which the Company had known in advance, it would have not consented and/or it would not have authorized
- Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/ordeceiving the Company and/or defrauding the Company; and/or
- Has acted in bad faith during the performance of his obligations under the Agreement.
- The Client being guilty, or the Company has suspicions that the Client is guilty of malicious conduct or gross negligence or fraud or of using fraudulent means orwas involved in a fraud scheme in relation to the performance of this Agreement.
- The termination is required under applicable law.
- In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
- If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
- In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
- The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
- Where the Company identifies that the Client is involved and/or is using a high-frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high-frequency trading software is designed to abuse the Company’s systems and/or trading platform.
- Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third-party account, and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
- The client is and/or has been convicted of a criminal offence and/or is cautioned and/or charged by the police or other competent authority with a criminal offence.
- In case of termination of this Agreement for a reason indicated in clause 15.4.B, of this Agreement, the Company shall have no liability towards the Client and no obligation to pay any of the profits generated by trading (if any); Furthermore, it is up to the Company’s sole discretion to decide if any deposited funds will be paid to the Client.
- In case of termination of this Agreement for a reason indicated in sections 15.4.A of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
16. Terms and Conditions for 1-Click Service
- The Client shall agree to make a deposit to his/her Account to use the Company Services or any other additional services ordered by the Client on the Website as well as all additional expenses (if necessary), including but not limited to any taxes, duties, etc. The Client shall be completely responsible for timely depositing the funds into his/her Account. Provider of payment services shall ensure only fulfillment of payment in the amount defined by the Site and shall not be liable for payment of the above-mentioned additional amounts by the Website’s Client.
- The payment is considered to be processed and cannot be returned after clicking the “Payment” button. By clicking the “Payment” button, the Client shall agree that he/she cannot return the payment or require its recall. Additionally, by accepting the terms and conditions herein contained, the Client as the owner of the payment card confirms that he/she shall be entitled to use the Services offered on the Website.
- By accepting the terms and conditions of this Agreement and depositing funds to the Account, the Client agrees to use the Website’s Services and accepts that the processing of any of the Client’s payment shall be executed by a provider of payment services, being a third party to this Agreement (the “Provider”), and the Client further acknowledges and accepts that no legal right exists for return of already purchased Services or other options of payment cancellation. In case if the Client is willing to refuse from using the 1-Click service for the next purchase of the Service, the Client can refuse from 1-Click service using the Account on the Website.
- Note that 1-click deposits (recurring payments) are not processed as 3-D secure transactions, the client needs to enable the 3-D secure function if he would like the payments to be processed as 3-D secure.
- The Provider shall not be in any case liable for the refusal/impossibility to process the data connected with the payment card of the Client, or for the refusal connected with failure to obtain permission from the issue bank to process payment using the payment card of the Client. The Provider shall not be in any case liable for the quality, amount, and price of any service, offered to the Client or purchased by the Client of the Website using the payment card of the Client. Paying for any Services of the Website, the Client first of all shall be obliged to fulfill the rules of using the Website. We are asking to consider that only the Client as the owner of the payment card shall be liable for timely payment of any service ordered via the Website and for all additional expenses/fees connected with this payment. The Provider shall only be the performer of payment in the
- The Client acknowledges that these General Terms are an integral part of this Agreement.
- It is the Client’s responsibility to verify that all transactions and Service(s) received are not contradictory to any applicable law and to undertake any other legal duty emanating from the use of the Website at the Client’s sole option, discretion and risk, and the Client is solely responsible for ascertaining whether it is legal in the Client’s jurisdiction and/or place of residence. The Client holds sole liability for all transactions in his Trading Account, including all card transactions or other means of deposit and withdrawal transactions (as stated below). The Client acknowledges that the Company reserves the right to accept or decline any deposit and/or funding and/or withdrawal request by the Client depending on the payment method that the Client chooses (which includes but is not limited to the third party financial institution from which the Client wishes to deposit/withdraw funds with the Company (Third-Party Institutions)), and the Company may suggest to the Client an alternative for its request. It is important to note that the Company does not have and cannot in any way have any, control over such Third-Party Institutions and any transactions made by the Client through the Platform using such institutions, and it is hereby acknowledged and agreed that the Company shall bear no liability, monetary or otherwise, in relation to any loss of funds incurred by the Client pursuant to any actions or omissions of Third-Party Institutions.
- The Client is responsible for securing his/her Username and Password for his Trading Account. The Client holds sole responsibility for any damage caused due to any act or omission of the Client causing inappropriate or irregular use of the Client Trading Account.
- It is clearly stated and agreed by the Client that the Client bears sole responsibility for any decision made and/or to be made by the Client relying on the content of the Website and no claim and/or suit of any kind will arise to that effect against the Company and/or its directors and/or employees and/or functionaries and/or Agents (the Company and/or its Agents). The Company and/or its Agents will hold no responsibility for loss of profits due to and/or related to the Website, Transactions carried out by the Client, Services and the General Terms of use or any other damages, including special damages and/or
- Without limitation of the aforesaid and only in the event of definitive judgment by court or other authorized legal institution resolving that the Company and/or its Agent(s) hold liability towards the Client or third party, the Company’s liability, in any event, will be limited to the amount of money deposited and/or transferred by the Client to the Trading Account in respect of the transaction which caused the liability of the Company and/or its Agent(s) (if such was caused).
- No Trading Account will be approved without the completion of the Company’s compliance procedures, including the identification and verification of the Account.
- The value of the Financial Instruments offered by the Company may increase or decrease. The Client acknowledges that they fully understand the risks involved in trading, including, but not limited to, the risk of loss of all funds.
- Trading Option Contracts does not give you any right to the underlying instrument of the Transaction. This means that you do not have any interests in, or the right to purchase, any underlying shares in relation to such instruments as this represent a notional value only.
- The Client acknowledges that he has read, understood and accepted the Company’s risk disclosure information found on the Company’s Website.
- The Company should not be held responsible for any losses that the Client may incur (or to a third party) due to reliance on inaccurate or erroneous financial information on the Website.
- The Client should verify the accuracy and reliability of the information on the Website and its appropriateness in comparison with other dependable information sources. The Company will not be held responsible for any allegedly caused claim, cost, loss or damage of any kind as a result of information offered on the Website or due to information sources used by the Website.
- The Client approves and accepts that any oral information given to him/her in respect of his Trading Account might be partial and unverified. The Client accepts sole risk and responsibility for any reliance on the aforementioned information. The Company does not give any warranty that pricing or other information supplied by it through its trading software or any other form is correct or that it reflects current market conditions.
- TheprocessingofaClient’srequestand/orordershallbecarriedoutasfollows:
- Following submission of a request/order, such request/order shall undergo a correctness test on the Trading Platform;
- The request/order shall be sent from the Trading Platform to the server;
- The request/order shall undergo a correctness test by the server;
- The server shall then forward the results of the correctness test to the Trading Platform;
- In case that the connection between the trading platform and the server is correct, the trading platform will receive the results of processing of the Clientrequest or order by the Company.
- The time of the process may vary and depends on the quality of the communication between the Trading Platform and the server of the Company, as well as on the market conditions. In normal market conditions, the time of the process usually varies between 0–4 seconds. In market conditions that differ from normal, the time of Client request/order processing can be higher than that.
- TheserveroftheCompanymayrefusetheClient’srequest/orderinthefollowingcases:
- If the Client sends the request before the first quote on the Trading Platform on the market opening.
- If there is not enough funds in the Client’s account for opening a new position;
- If the Client sends the request/order before the opening of the trading session;
- When market conditions differ from normal, such as there is significant volatility or instability in the markets, or the industry as a whole, preventing us from providing our services in an orderly manner, including any instances where we are unable to receive data and/or we receive incorrect data from our service providers.
- When using the trading platform, it is allowed to use only one tab of the browser. In case of using several tabs of the browser, the results of trade can be corrected and/or canceled.
- The Client acknowledges that the only reliable source of quote flow information is the main server for customer requests. The quotes on the Trading Platform cannot serve as a reliable source of information about the real quotes flow, as in the case of unstable connection between the Trading Platform and the server part of the quotes from the flow may not reach the Trading Platform.
- The graphs displayed on the Trading Platform are indicative. Thus, the Company does not guarantee that the transaction will be made at the same prices specified on the graphs in the Trading Platform at the time of submission of the other customer transactions.
- The price displayed on the Trading Platform is formed by the formula (Bid+Ask)/2.
- Non-market quote – the price on the Trading Platform which does not correspond to the price on the market at this moment of time (hereinafter referred to as the “Non-market price”).
- In case that the Company executed the Client’s request/order for Non-market quote, the
following shall be imposed on the Company’s duty:
- In case of position closing – correction of the financial result between incorrect closing of the position and closing according to real market price corresponding to the closing moment of transaction according to Non-market price.
- In case of position opening – the Company reserves the right to cancel the financial result regarding such position.
6. Copyright
- 9expert is a global brand, which in your jurisdiction is operated by DIGITAL SMART CY LIMITED a company registered at Saint Kitts and Nevis: Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building, Main Street, Charlestown, Nevis (hereinafter “We” or “Company”). We are the controller and responsible for the data of the Client disclosed to us in order to register for a Trading Account, Demo Account and/or to make use of any other services offered by us through the website (hereinafter “Website”) (this term shall at all times include Website’s desktop and mobile versions).
- The Company is the owner of all intellectual property rights on and throughout the Website as well as the material on it, including any copyright, database rights and trademarks. Any such right not belonging to the Company belongs to third parties and is protected by copyright laws and treaties around the world. All such rights are reserved.
- All copyright, database rights, trademarks and any other intellectual property rights in the content of and/or throughout the Website, belong to the Company or a third party, including without limitation to licensors and vendors of the Company. The material and content on the Website (in whatever form it exists), may or may not be identified by a symbol, and they include, but are not limited to designs, photographs, graphics, drawings, text, etc. The lack of any such symbol should not be understood as meaning that the name, term or data is not the intellectual property of either the Company or any third party or any licensor of the Company.
- 9expert (in word or stylized forms) has been registered internationally.
- The use of the word 9expert and/or any trademark or intellectual property rights of the Company (as referred to in this paragraph 6.1), without the Company’s express and written pre-approval, is strictly prohibited in all ways. Such prohibited acts, include but are not limited to copying, duplicating, presenting in public, altering, advertising, broadcasting, transferring, selling, or delivering trademarks or any intellectual property rights, in whole or in part to any third parties, distributing, including by publishing on the Internet, or making any commercial use of the trademarks/intellectual property rights, in whole or in part.
- Any reference, presentation and/or use on the Website of trademarks and/or any intellectual property rights which are not owned by the Company but are owned by other
- For the sake of clarity, it is noted that the mere description of the Third-Party IP is not of a commercial nature and is only a description without which it is impossible to uniquely identify them, is not an advertisement for goods and/or services of the third parties or the Services of the Company, and does not imply a comparison between the goods and/or services of any third parties and the Company.
- The Company and the owners of the Third-Party IP (excluding official licensors, partners, vendors) are not affiliated in any way, and/or are not partners, or sponsors to each other, they are not bound by licensing, marketing, and/or any other agreements or mutual obligations, unless this is expressly stated on the Website.
- Unless explicitly stated otherwise, any material and/or message, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments (hereinafter – “Information”) delivered to the Company shall not be considered the Client’s confidential or proprietary right of. Consent to the Agreement will be considered as authorization to the Company to use the entire Clients’ Information (excluding Clients’ Information designated for personal identification), at the absolute and sole discretion of the Company without requirement of any additional permission from the Client and/or the payment of any compensation due to such use.
- The Client undertakes that any notice, message or any other material supplied by the Client shall be appropriate and shall not harm other persons including their proprietary rights. The Client shall refrain from uploading or sending any illegal and/or harmful and/or disturbing to other Clients material, and is strictly forbidden from taking any action, which might damage the Company.
7. Content and Third Parties’ Websites
- The Website might include general information, news, comments, quotes and other information related to financial markets and/or advertising. Some information is supplied to the Website by unaffiliated companies.
- The Company does not provide investment research. All news, comments, quotes and other information related to financial markets published by the Company are of a promotional/marketing nature only.
- The Company does not prepare, edit or promote the information/links and/or other information provided by unaffiliated companies.
- The Company will not be liable for the content of any third-party websites or the actions or omissions of their proprietors, nor for the contents of third-party advertisements and sponsorship on those websites. The hyperlinks to other websites are provided for information purposes only. Any Client and/or potential client uses any such links at his/her own risk.
8. Processing of Client Orders to Open Positions
- If the amount of available funds is sufficient to open a position – the position will be opened.
- If the size of the available funds is insufficient to open a position – the position will not be opened.
- The Client’s order to open a position is processed, and the position is opened only after the corresponding entry in the server log file. Each new position is assigned with a serial number.
9. Processing of Client Orders to Close Positions
- Closing of a trading position occurs at the current price at the trading server at the moment of closing of the trading operation.
10. OTC Assets
- OTC Asset or “over the counter” is an asset that is traded out of the regular market (hereinafter referred to as the “Asset”).
- The Asset’s price is formed from data for trade requests and orders of the Clients, received by the Company.
- The Client acknowledges that by making trade requests and orders on such Asset, he/she understands the essence of the work of such an Asset and the pricing algorithm of the Asset.
- The Client acknowledges that by making trade requests and orders on such Asset, he/she admits that the only reliable source of quoting information is the main server for the trade orders of the Clients.
11. Fraud
In the event that the Company has reasonable suspicion to believe and/or comes to its attention that the Client has acted fraudulently with regard to the subject matter of the Agreement, including without limitation to the following occurrences:- Fraud associated with credit card transactions and other ways to fill a balance that does not belong to the Client;
- Fraud associated with the use of software for false trading results;
- Fraud associated with errors and system failures for false trading resultsThe Company shall be entitled to block the Client’s account without prior notice and without the possibility of further money withdrawal, and/or entitled to unilaterally terminate the Agreement in the extrajudicial procedure.
12. Benefits
The Company may provide benefits to clients, including but not limited to, VIP status and/or other privileges (“Benefits”), at its absolute discretion and subject to fulfilling the required conditions. The Client acknowledges and accepts:- The Company reserves the right, without prior notification, to amend or cancel any of the Benefits provided at any time for any reason;
- Conditions are subject to change at any time and may vary depending on each region;
- It is prohibited to abuse any of the privileges provided by the Company (e.g. creating multiple trading accounts to claim these Benefits);
- The client may submit a request to support@9expert.com to stop receiving such Benefits at any time.
13. Foreign Exchange
- For any conversion required to be effected from one currency to another for the execution of any order, the Company is entitled at its absolute discretion to debit the Client’s Trading Account with the equivalent amount of the transaction in the currency in which the Client holds the Trading Account.
- For the execution of payments when the currency of the trading account is different from the processing currency of the payment, the Company shall convert from one currency to another for each transaction, based on the exchange rate at the time of conversion (including the currency conversion fee specified in the General Fees Policy).
- The Client acknowledges and agrees that he shall undertake all risks deriving from any such conversion and, in particular, the risk of loss which may be incurred as a result of the fluctuation in the exchange rates.
Privacy Policy
WHO WE ARE
DIGITAL SMART CY LIMITED, is a company registered in St. Kitts and Nevis with company registration number L 22205 and having its registered address at Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building, Main Street, Charlestown, Nevis (hereinafter ” Digital Smart” and/or “Company” ). Digital Smart is the controller and responsible for the data of the Client disclosed to us in order to register for a Trading Account, Demo Account and/or to make use of any other services offered by Digital Smart through the website (hereinafter “Website”) (this term shall at all times include Website’s desktop and mobile versions). This Privacy Policy is issued on behalf of Digital Smart, the company responsible for collecting and/or processing your data when you use the Trading Platform through the Website, either for a Trading Account or a Demo Account (or their mobile/desktop versions) (hereinafter the Service(s)). In Digital Smart we respect your privacy, and we are committed to protecting your data, which we collect, use and/or have access to. The Company takes measures to implement advanced data protection policies and procedures and to update them from time to time for the purpose of safeguarding the Client’s data and the Client’s account. Your data is protected by the legal, administrative and technical measures that we take to ensure the privacy, integrity and accessibility of data. To prevent security incidents with your data, we use a mixed organizational and technical approach based on the results of annual risk assessment. The Company shall not divulge any private information of its Clients and former Clients unless the Client approves in writing such disclosure or unless such disclosure is required under applicable law or is required in order to verify the Client’s identity, or it is required for Digital Smart to perform its contractual obligations under any agreement concluded with the Client. The Clients’ information is processed only by the employees of the Company and/or trusted third parties which provide specific support services, dealing with the specific Client’s Accounts and necessary for the provision of our services. All such information shall be stored on electronic and physical storage media according to applicable law.DATA USAGE
- We may collect, use, store and transfer different kinds of data about you which we have grouped together as follows:
- Identity Data includes first name, last name, and patronymic (if available), date of birth, gender, passport, ID, Driver’s number, and copy of photo.
- Contact Data includes billing address, email address and telephone numbers.
- Financial Data includes bank account, payment card details and tax identification numbers (including but not limited to social security number, income tax identification number, national insurance number).
- Transaction Data includes details about the transactions performed by you, details about payments, withdrawals, exchanges, trading history, profit, balance, deposit and withdrawal methods, and any other details in relation to the services you have made use of through our Website.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in type and versions, operating system and platform, and other technologies on the devices you use to access the Website and use of cookies stored on your device.
- Profile Data includes your Client’s account details, username and password, transactions made by you, your interests, preferences, feedback and/or information received through your interaction with us within the course of providing our services and survey responses.
- Usage Data includes information about how you use the Website, products and services, registration date, account category, trading cluster, number of complaints, number of requests filed and IP history.
- Marketing and Communication Data includes your preferences in receiving marketing from us and your communication preferences.
- Special Categories of Data/ ‘Sensitive’ Data includes details about your religious belief, annual income, biometric data and/or criminal convictions and offenses.
- Conformity Data includes details about your education, employment status, trading experience, self-assessment test.
- Banking Data includes details of the number of payment wallets and/or information of your bank card, including information of the issuing bank, card number, cardholder name, card expiration date, payment system, card validation code (CVV2 / CVC2), and photos of both sides of the bank card.
- Data in KYC (Know your customer) includes identity document information, including copies of recently dated Utility Bills, Identity Card, Passport, and/or Driver’s License.
- Economic Profile Data includes details on occupation, purpose of investment, annual income, net wealth, expected annual amount of investment and sources of funds.
- Location Data includes details on your actual location when interacting with our Website (for example, a set of parameters that determine regional settings of your interface, namely residency country, time zone, and the interface language)
- Audio Data includes full voice recordings of calls that you receive from us or make to us. (the above collectively referred to as Personal Data )
- Aggregated Data includes statistical or demographic data for any purpose. Such data can be derived from your data but may not be considered personal data in law as it will not directly or indirectly reveal your identity. An example of such Aggregated Data could be that we aggregate your Usage Data to calculate the percentage of users accessing a specific website feature and/or services/product preference. Notwithstanding the above, if Digital Smart combines Aggregate Data with data in a way that the end result can in any way identify the data subject, Digital Smart shall treat such combined data as data which will be treated as per the provisions herein contained.
- To perform its contract with you,
- To comply with its legal obligations, including without limitation to applicable anti-money laundering and terrorist financing laws and regulations (hereby referred to as Money-Laundering Law), and/or
- To safeguard its legitimate interests
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you, including through: Direct Interactions. You will provide to us your Identity, Contact and Financial Data online through the Website and/or by filling in online forms and/or by corresponding with us by emails or otherwise. Data may be submitted to us by you when you wish to:- Register for a Trading Account;
- Register for a Demo Account;
- Subscribe to our publications and ongoing updates;
- Request marketing and promotions to be sent to you;
- Enter a competition, promotion or survey; and/or
- Give us feedback or contact us.
PURPOSE FOR WHICH WE WILL USE YOUR DATA AND ON WHAT LEGAL BASIS
- We process the aforementioned data in compliance with the applicable legislation as amended from time to time in order to (i) be able to perform our contractual obligations towards the Client and offer them the best possible service, (ii) provide our Services efficiently, (iii) comply with our legal obligations, including, inter alia, to prevent fraud and money laundering acts, and (iv) protect our legitimate interests and your vital interests.
- We process all data based on the following legal basis:
- For compliance with our legal obligations;
- For the performance of our contractual obligations towards the Client;
- For the purposes of safeguarding our legitimate interests and your interests and fundamental rights do not override those interests; and/or
- On the basis of your consent.
- Indicatively we set out below, a description of all the ways we plan to use your data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process the data for more than one lawful ground, depending on the specific purpose for which we are using your data.
– | PURPOSE ACTIVITY | TYPE OF DATA | LAWFUL BASIS FOR PROCESSING, INCLUDING BASIS OF LEGITIMATE INTEREST |
---|---|---|---|
a. | 1. To accept to register you as a Client |
- To notify you about changes to our terms or privacy policy
- To communicate with you and provide you with secure identifications, authentication and support services
- To confirm you are at age of majority as recognized and declared by the laws of your jurisdiction | 1. Identity Data
- Profile Data
- Contact Data
- Data in KYC
- Financial Data
- Economic Profile Data | 1. Necessary to perform our contract with you
- Necessary to comply with our legal obligations | | b. | 1. To perform our Scoring Processing under which a Client is scored on a scale basis with regard to the level of risk he is to Digital Smart | 1. Banking Data
- Economic Profile Data | 1. Necessary to perform our contract with you
- Necessary to comply with our legal obligations | | c. | 1. To confirm the information provided by You under (a) above in relation to your location. | 1. Location Data | 1. Necessary to perform our contract with you
- Necessary to comply with our legal obligations | | d. | 1. To secure authentication, identification and support services via social networks protocols and use the links to your accounts in social networks for these purposes. | 1. Technical Data | 1. Necessary to perform our contract with you
- Necessary to comply with our legal obligations | | e. | 1. To process and deliver your transactions and requests (Deposits; Trades; Withdrawals)
- Manage payments, fees and charges;
- To collect and recover money owed to us. | 1. Banking Data
- Transaction Data | 1. Necessary to perform our contract with you
- Necessary for our legitimate interest (recover charges owed to us, make a withdrawal in case of breach of our contract) | | f. | 1. To administer and protect our business and Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | 1. Identity Data
- Contact Data
- Technical Data | 1. Performance of our contract with you
- Necessary to comply with our legal obligations
- Necessary for our legitimate interests (take reasonable steps to confirm that you do not use any ways to manipulate our platform & for running our business, provision of administration and IT services, network security, to prevent fraud) | | g. | 1. To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
- To provide you with an optimal operation on our web application, mobile and/or desktop versions of our application and monitor your behavior for the purpose of improving the efficiency and usability of our services. | 1. Identity Data
- Contact Data
- Profile Data
- Usage Data Technical Data
- Marketing and Communication Data | 1. Necessary to perform our contract with you
- Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business) | | h. | 1. to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy;
- statutory limitations | 1. Transaction Data | 1. Necessary for our legitimate interests (including statutory limitations provisions by applicable laws) | | i. | 1. To inform you about any of the following: — new services and/or products we may offer; — Any new development and/or features of the current products/services we offer | 1. Identity Data
- Profile Data
- Contact Data
- Technical Data
- Usage Data
- Transactions
- Marketing and Communication Data | 1. Necessary to perform our contract with you
- Necessary for our legitimate interests (to study how customers use our products/services, to develop our products/services and grow our business) | | j. | 1. To send direct marketing of our services to you always within the boundaries of our legitimate interests.
- To send to you newsletters, push-messages and calls to keep you in touch with our new feature and new development of the current products/services we offer, news and events and the efficient provision of the full scope of our services. Please note that we will never use your data to communicate to you and/or promote any third party marketing material. | 1. Identity Data
- Profile Data
- Contact Data
- Data that may be provided by you during your activity at the Website. Marketing and Communication Data | 1. Necessary to perform our contract with you
- Necessary for our legitimate interests (to provide effective and personalized customer services to you and to update you in relation to our services that are available to you. | | k. | 1. To allow us to provide you with the optimal operation on our Website, mobile and desktop versions of our application and monitor your behavior for the purpose of improving the efficiency and usability of our Services.
- To use analytics tools to track performance of the Website and marketing source of our Clients in order to optimize our marketing costs and provide you with better experience. | 1. Location Data
- Technical Data
- Usage Data
- Marketing and Communication Data | 1. Necessary to perform our contract with you
- Necessary for our legitimate interests (to provide effective and personalized customer services to you and to update you in relation to our services that are available to you). | | l. | 1. to allow us to monitor and train our employees for your benefit
- to safeguard your or our interests in case of a dispute
- to take steps for fraud prevention
- to improve the services provided to you | Audio Data | 1. Necessary to perform our contract with you
- Necessary to comply with our legal obligations
- Necessary for our legitimate interests | | m. | 1. To confirm that your annual income corresponds with your employment status
- To confirm that you have no criminal history. | Sensitive Data | 1. Necessary to comply with our legal obligations
- Necessary to protect your vital interests. |
- If you are an existing Client of the Website where we have a legitimate interest in communicating with you, or if you have given us your consent, we will collect and process your personal data to communicate with you in case of support and/or sending newsletters, push-messages and calls to keep you in touch with our new features, news and events and the efficient provision of the full scope of our services. We will also use your data to send you marketing information regarding our services that we believe may be of interest to you via email or otherwise.
- Our Website is not intended for children, and we do not knowingly collect data relating to children. As we do not allow users under the age of 18 to use our services, we need to obtain your birthdate in order to confirm the Clients’ age checks.
OPTING OUT
If you do not want to receive any marketing newsletters or transmit your data to third parties for marketing purposes, you can configure your preferences. Such configuring can be done when (i) opening an account or (ii) when receiving such advertising content or (iii) by logging in and going to My Account > Personal Details > Notification Settings. You may also send to the Company, at any time, an email to support@9expert.com using the registered email address you disclosed and registered with us through your Account, asking the Company to cease from sending such advertising content or sending your data to third parties for marketing purposes. The aforesaid mark removal and/or e-mail received by Digital Smart will oblige us to cease sending advertisement content to you within 7 (seven) business days.DISCLOSURE OF DATA
We may share your data with the parties for the purposes set out above. We require all Digital Smart affiliated and/or related companies and any third parties processing data on our behalf to respect your data and to treat it in accordance with the provisions of the General Data Protection Regulation and applicable local legislation as amended from time to time. We take all reasonable steps so that our third-party service providers do not use your personal data for their own purposes, and only permit them to process your data for specific purposes and in accordance with our instructions. In general, your data is used by the processors of the Digital Smart. In addition, a transfer of your data to another legal entity may occur as part of a transfer of our business or parts thereof in the form of a reorganization, sale of assets, consolidation, merger or similar. With regard to the transfer of data to recipients outside the related and/or affiliated entities of the Company, we note that we strive to maintain discretion with respect to client related matters and assessments of which we acquire knowledge. We may disclose data that concerns you only if (i) we are legally required to do so; (ii) if required when you expressly order us to process a transaction or any other service and (iii) it is required for the provision of our services under our contractual relationship and/or (iv) protection of our legitimate interests and applicable legislation as amended from time to time. External Third Parties. Your data is shared with third-party organizations/entities, including but not limited to: A. Service Providers. We may share your data with our trusted third party service providers, who, on our behalf, operate, maintain, and/or support our IT systems and IT infrastructure, our websites, manage our payment solutions, perform statistical analysis, marketing and advertising purposes, sending newsletters, provide customer support and perform other important services for us. B. Other Digital Smart affiliates/ related companies. We may also disclose your data to other Digital Smart affiliates and/or related companies in order for them to provide us with the relevant services. C. State authorities. The Client’s details that are provided and/or that will be provided by the Client during his/her activity on the site may be disclosed by the Company to official authorities. The Company will make such disclosure only if required to be disclosed by the Company by applicable law or court order and to the minimum required extent. D. Other disclosures. In addition to where you have consented to a disclosure of the data or where disclosure is necessary to achieve the purpose(s) for which, it was collected, data may also be disclosed in special situations, where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities, or otherwise where necessary for the establishment, exercise or defense of legal claims. Where reasonably possible, management shall ensure that third parties collecting, storing or processing personal information on behalf of the Company have: Signed agreements to protect personal information consistent with this Privacy Policy and information security practices or implemented measures as prescribed by applicable laws; Signed non-disclosure agreements or confidentiality agreements which include privacy clauses in the contract; and Established procedures to meet the terms of their agreement with a third party to protect personal information. Remedial action shall be taken in response to misuse or unauthorized disclosure of personal information by a third-party collecting, storing or processing personal information on behalf of Digital Smart. If you want to obtain further information on any data transfers mentioned above, please contact us using the registered email address you disclosed and registered with us through your Account through the points of contact listed in the Section OUR CONTACT DETAILS below.DATA RETENTION
We store your data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for your data, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal, tax, accounting and other requirements. We shall keep your data (including call recordings) during our contractual relationship and for a minimum period of 5 (five) years from the date of termination of the Platform/Service used by the Client. In general, all other data is stored for a period of 30 (thirty) business days after the date of termination of the provision of our services, unless there is any other legal reason to keep it. At the expiration of the data retention period the data is erased by irreversible destruction, and we also inform all third parties, to whom the data was transferred, regarding such erasure and request implementation of similar actions on their part.- YOUR RIGHTS AND HOW TO WITHDRAW CONSENTS AND UNSUBSCRIBE
DATA SECURITY
We have put in place appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected data breach and will notify you of a breach where we are legally required to do so. Your help is always valuable in ensuring that your data is kept safe. Upon registration to the Website (or its mobile version), the Client will be asked to choose a username and password to be used by the Client on each future login and for the performance of transactions and use of the Company’s Services. In order to protect the Client’s privacy and operation with the Website, sharing registration details (including, without limitation, username and password) by the Client with other persons or business entities is strictly prohibited. The Company shall not be held responsible for any damage or loss caused to the Client due to improper use (including prohibited and unprotected use) or storage of such username and password, including any such use made by a third party, and whether or not known to or authorized by the Client. Any use of the Website with the Client’s username and password is the Client’s sole responsibility. The Company shall not be held responsible for any such use, including for validation that the Client is actually operating in his/her account. The Client is obliged to forthwith notify the Company’s client service of any suspicion of unauthorized use of the Client’s account. You may contact us at any time through the points of contact listed in the Section OUR CONTACT DETAILS below. Encryption of your data in transit. Encryption provides a high level of security and privacy for your data. When you enter your data on our platform, we use strong encryption technologies (such as Transport Layer Security) to protect your data during transmission from your devices to our servers. For providing more trust and security, we use digital EV (Extended Validation) Certificates issued by trusted Certificate Authorities. You can see the ‘Green Bar’ in the supported browser versions which confirms what all transmitted data is secure. Protection of your data in our infrastructure. We make it a priority to develop services that are secure “by default”. The “default” security of our services means that all new services and features are designed with strict security requirements in mind before we even begin development. This is the key to guaranteed protection and privacy of all data that our services handle and store, once the service or new feature is released. To secure your data, we use the pseudonymisation which allows most of our services to operate without using your actual data. Instead of that, our services use a system ID that can’t be traced back to identify you. The Company is always vigilant about the security of your data stored in our infrastructure. Because of that, we locate all our equipment which is used for your data processing in secure data centers. Network access to this equipment is isolated from the Internet. We use network segmentation for isolation of services which need different levels of security from each other. In addition, we restrict logical access to your data for our employees on a “need to know” basis. So, only the personnel that really require access to your data for the purpose of providing you with our best service, will have access to it. Threats protection. Our Company is highly knowledgeable about modern threats to data security and privacy, and we are well-prepared to combat them. All events that occur in our infrastructure are continuously monitored, analyzed and responded to, which allows us to ensure proper protection of your data, keeping it safe from threats, vulnerabilities, and the effects of malware. In the event of a failure that affects the accessibility of your data, we have data backup and recovery procedures in place that will help us restore your data in a short time. To guarantee quick recovery, we use high availability mode enabled for most critical databases, which allows us to minimize downtime. Employee awareness of data security. Our employees may handle your data in order to provide you with first-class service. To guarantee the security and confidentiality of your data, we monitor all employees’ actions with access to your data in our systems and grant access strictly on a “need to know” basis: only employees who need access will receive it. We hold regular training sessions to make sure that each employee understands the principles that the Company follows to achieve robust data security and privacy. If you choose not to give your personal information. In the context of our business relationship, we may need to collect data by law, or under the terms of a contract we have with you. Without this data, we are, in principle, not in a position to close or execute a contract with you. If you choose not to give us this data, it may delay or prevent us from meeting our obligations. It may also mean that we cannot perform services needed to run your accounts or policies. To what extent we carry automated decision-making and profiling. In establishing and carrying out a business relationship, we generally do not use automated decision-making. If we use this procedure in individual cases, we will inform you of this separately. In some cases, we may proceed with profiling in order to evaluate certain personal aspects. We shall inform you accordingly in case we perform any profiling. In general, any data collection that is optional would be made clear at the point of collection.OUR CONTACT DETAILS
If you have any questions about this privacy policy, including requests relating to the data, please contact our support team using the details set out below. The entity responsible for your data processing is Digital Smart LLC and you can contact us using the details set out below. Address: Lighthouse Trust Nevis Ltd, Suite 1, A.L. Evelyn Ltd Building, Main Street, Charlestown, Nevis. Email: support@9expert.com To enable us to process your request, please contact us using the registered email address you disclosed and registered with us through your Account. We may require that you provide us with proof of your identity, such as by providing us with a copy of a valid form of identification. This is to ensure that we appropriately protect the personal data we hold from unauthorized access requests and comply with our security obligations. If you have any questions, or want more details about how we use your data, you may contact us at the above contact details, and we will be happy to provide you with further details.LINKS TO OTHER WEBSITES
We may provide links to third-party websites on our Website. These linked websites are not under our control, and we therefore cannot accept responsibility or liability for the conduct of third parties linked to our websites, including without limitation to the collection or disclosure of your data. Before disclosing your data on any other website, we encourage you to examine the terms and conditions of using that website and its privacy policies.CHANGES TO THIS PRIVACY POLICY
- This Privacy Policy was last updated on July 14, 2022. We reserve the right, at our discretion, to add, modify or remove portions of this Privacy Policy in the future to ensure that the information herein provides relevant and adequate information about our collecting and processing of your data.
- This privacy policy may be supplemented by other information received from the Digital Smart group and other terms and conditions applicable to the Website or which you have agreed to as part of your interaction with us.
- In case of updates, we will post the revised Privacy Policy on our website. Changes will take effect as soon as the revised version is made available on our website. Your comments and feedback are always welcome. You may contact us at any time through the points of contact listed in the Section OUR CONTACT DETAILS above.
General Fee
This document outlines all relevant fees for DIGITAL SMART LIMITED (the “Company”). Make sure that you familiarize yourself with all costs and associated charges for each financial instrument offered by the Company, since these may affect the overall cost of a financial instrument as well as the cumulative effect on return of your investment. Also, make sure that you read the Further Information section at the end of this document, which sets out further information on the applicable fees. Any examples in the tables are for illustration purposes only.CFDs on Forex
Nature | Type | Description |
---|---|---|
One-off costs | Spread | The difference between the bid (sell) price and the ask (buy) price. The difference is presented in pips and reflects the cost of opening a position. Spread is dependent on many different factors, including, but not limited to, the underlying liquidity and volatility, time of day and notional trade size. For example, if the underlying asset/ EUR/USD is trading at 1.2029, our ask (buy) price might be 1.2030 and the bid (sell) price might be 1.2028. The spread in this example is (ask-sell price) = 2 pips |
Ongoing costs | Swap fee | The Company reserves the right to charge the Client a swap fee of 0.01% – 0.5% and in extreme circumstances up to 1.7% of the face value of the position for keeping a position open overnight. The swap fee from Friday to Saturday will be 3 (‘’three’’) times higher than the normal swap fee. The swap fee can be subject to changes in the future. |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
CFDs on Cryptocurrencies
Nature | Type | Description |
---|---|---|
One-off costs | Spread | The difference between the bid (sell) price and the ask (buy) price. The difference reflects the cost of opening a position. The spread is dependent on many different factors, including, but not limited to, the underlying liquidity and volatility, time of day and notional trade size. For example, if the underlying asset BTC/USD is trading at 15188 our ask (buy) price might be 15700 and the bid (sell) price might be 14676. The spread in this example is (ask-sell price) = 1024 |
Ongoing costs | Swap fee | The Company reserves the right to charge the Client a swap fee of 0.01% – 0.5% and in extreme circumstances might be up to 1.7% of the face value of the position for keeping a position open overnight. This swap fee can be subject to changes in the future. |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
CFDs on Stocks
Nature | Type | Description |
---|---|---|
One-off costs | Spread | The difference between the bid (sell) price and the ask (buy) price. The difference is presented in pips and reflects the cost of opening a position. Spread is dependent on many different factors, including, but not limited to, the underlying liquidity and volatility, time of day and notional trade size. For example, if the underlying asset Apple/USD is trading at 168.8150, our ask (buy) price might be 168.9566 and the bid (sell) price might be 168.6734. The spread in this example is (ask-sell price) = 2.8 pips |
Ongoing costs | Swap fee | The Company reserves the right to charge the Client a swap fee of 0.01% – 0.5% and in extreme circumstances might be up to 1.7% of the face value of the position for keeping a position open overnight. The swap fee can be subject to changes in the future. The swap fee for overnight keeping of positions on Friday is 3 times the normal swap fee to include the weekend. |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
CFDs on ETFs
Nature | Type | Description |
---|---|---|
One-off costs | Spread | The difference between the bid (sell) price and the ask (buy) price. The difference is presented in pips and reflects the cost of opening a position. Spread is dependent on many different factors, including, but not limited to, the underlying liquidity and volatility, time of day and notional trade size. |
Ongoing costs | Swap fee | The Company reserves the right to charge the Client a swap fee of 0.01% – 0.5% and in extreme circumstances might be up to 1.7% of the face value of the position for keeping a position open overnight. The swap fee can be subject to changes in the future. The swap fee for overnight keeping of positions on Friday is 3 times the normal swap fee to include the weekend. |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
CFDs on Commodities
Nature | Type | Description |
---|---|---|
One-off costs | Spread | The difference between the bid (sell) price and the ask (buy) price. The difference reflects the cost of opening a position. Spread is dependent on many different factors, including, but not limited to, the underlying liquidity and volatility, time of day and notional trade size. For example, if the underlying asset XAU/USD is trading at 1245.06006 our ask (buy) price might be 1245.633578 and the bid (sell) price might be 1244.486542 The spread in this example is (ask-sell price) = 1.147036 |
Ongoing costs | Swap fee | The Company reserves the right to charge the Client a swap fee of up to 0.01% – 0.5% and in extreme circumstances might be up to 1.7% of the face value of the position for keeping a position open overnight. The swap fee can be subject to changes in the future. The swap fee for overnight keeping of positions on Friday is 3 times the normal swap fee to include the weekend. |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
CFDs on Indices
Nature | Type | Description |
---|---|---|
One-off costs | Spread | The difference between the bid (sell) price and the ask (buy) price. The difference is presented in pips and reflects the cost of opening a position. Spread is dependent on many different factors, including, but not limited to, the underlying liquidity and volatility, time of day and notional trade size. |
Ongoing costs | Swap fee | The Company reserves the right to charge the Client a swap fee of 0.01% – 0.5% and in extreme circumstances might be up to 1.7% of the face value of the position for keeping a position open overnight. The swap fee can be subject to changes in the future. The swap fee for overnight keeping of positions on Friday is 3 times the normal swap fee to include the weekend. |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
Binary Options
Nature | Type | Description |
---|---|---|
One-off costs | — | — |
Ongoing costs | — | — |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
Digital Options
Nature | Type | Description |
---|---|---|
One-off costs | — | — |
Ongoing costs | — | — |
Other costs | Dormant account fees | In the absence of any account activity for a period of at least ninety (90) consecutive days an amount of €10 (Euro ten or the equivalent amount in another currency on the day of deduction of the fee) every month in order to maintain the account, on the condition that the Client account has the available funds. |
Further information on fees:
1. Deposit Fees
There are no deposit fees charged to the Client for the financial instruments that the Company offers.2. Withdrawal Fees
Upon the discretion of the Company, withdrawal fees shall be applicable in either of the following ways:- a. The clients will be subject to a fixed 2% (two percent) withdrawal fee for withdrawals in the currencies presented in the table below. This withdrawal fee will be imposed upon the clients’ second (2nd) withdrawal per calendar month. Consequently, Clients can benefit from 1 commission-free withdrawal per calendar month.
Currency | Minimum fee | Maximum fee |
---|---|---|
RUB Russian Ruble | 50 | 1,500 |
GBP Pound sterling | 1 | 25 |
THB Thai baht | 30 | 1,000 |
EUR Euro | 1 | 30 |
BRL Brazilian Real | 5 | 125 |
USD United States Dollar | 1 | 30 |
- b. In the event that the Client makes any deposits with the Company and proceeds to withdraw all or more than 80% of the total amount deposited without proceeding to any placement of a trade (Behavior), then the Company shall have the right, but not the obligation, to withhold, during a withdrawal request, an amount equivalent to the fees incurred by the Company in connection with such deposit and withdrawal. Such fees relate to the fees applicable by any payment service providers and/or any other third parties against the Company in relation to the execution of such deposit/withdrawal transactions. The Company may reasonably assume in the event of such Behavior that the Client contracted with the Company with an intention to defraud the Company.
3. Dormant Account Fees
An account that has no trading and/or financial activity performed (i.e., deposit, withdrawal and/or trading operation) for a period of 90 days shall be considered to be dormant and/or inactive. Furthermore, logging in and out of the trading account is not considered to be account activity. The administration fee shall be deducted from the Client’s account on the 90th calendar day of inactivity when the account is considered dormant. Further to this, each month the Company will consider the activity over the past 90 days in determining if the administrative fee will be charged again. The Company strives to ensure and keep correspondence with each respective Client and will inform the Client by email that their account will be treated as a Dormant Account. If the Client account does not have the necessary funds for the administration fee and has remained inactive for a period of 12 months, the Company reserves the right to charge a lower amount to cover administrative expenses and close the account completely. All the amounts of the fees and other expenses are stated without any taxes and charges that may be imposed on the mentioned fees either from the side of the Client or the Company.4. Verification Account Closure Fee
The Company shall be entitled to charge the client administrative fee of 20 USD (“twenty dollars”) for the closure of their account, where it has been identified that the client has not reached the age of maturity in the country, which the client is a citizen of or resides in. The aforementioned fee shall be deducted from the client’s account on the 8th day following the termination of the Agreement and client’s failure to withdraw the remaining balance within the timeframe granted to him/her. In case the remaining balance is less than 20 USD (“twenty dollars”), the Company shall reserve the right to charge up to 20 USD (“twenty dollars”) from the client’s account.Withdrawal Policy
- To withdraw funds from his/her verified account, the Client shall submit a withdrawal request from his/her personal profile. In order to fill in the withdrawal request properly, the Client shall choose one of the withdrawal methods shown in the list and specify all the necessary details.
- After the Client submits a withdrawal request, such request will be assigned a “Requested” status. When the request is being processed, it has an “In Process” status. After the “In Process” status is assigned, the requested funds will be debited from the Client’s account balance. After the withdrawal request is assigned a “Processed” status, the requested funds will be transferred to the payment system.
- Withdrawal requests are processed by the financial department of the Company one-at-a-time. The processing time is 3 business days. The Company reserves the right to increase the processing time; in such case, the Company shall notify the Client via any contact method specified by the Client in his/her profile.
- The Company may not process withdrawals less than the minimum amount set by the relevant payment provider and/or due to technical limitations.
- The Company reserves the right to increase the processing time and/or cancel withdrawal requests submitted by the Client, without prior notice, during an internal risk assessment of the Client’s account in relation to activities which insinuates the following (this list is not exhaustive):
- i. Fraud;
- ii. Money laundering;
- iii. Unfair usage of the Company’s General Fees Policy and the Terms of the Agreement;
- iv. Other activities by the Client which may indicate breach of provisions of the Agreement and/or the applicable law;
- For the purpose of the risk assessment, the Company shall be entitled to block the account immediately (without giving prior notice) and to request from the Client additional supporting documents as it may deem necessary.
- The Client has the right to withdraw funds only to the payment system that was used to deposit funds to his/her account. In cases where it is technically impossible to withdraw funds to the payment system that was used to deposit funds, an alternative payment method shall be chosen, and the payment details shall meet the conditions specified by the Client in his/her personal info.
- The Client is fully responsible for the information he/she provides to the Company through the withdrawal request.
- If the Client uses a bank card for making deposits, withdrawals shall be made to this bank card in the amounts not exceeding the amount deposited within 180 (one hundred eighty) calendar days from the last deposit. Withdrawals to bank cards have greater priority than other types of withdrawals.
Payment Policy
- The Company is financially responsible for the Client’s account balance at any moment.
- The Company’s financial responsibility starts with the first record about the Client’s deposit and continues up to the full withdrawal of the funds.
- The Client has the right to demand from the Company any amount of funds which is available in his/her account at the time of the inquiry.
- The only official deposit/withdrawal methods are the methods that appear on the Company’s official Website. The Client is taking all the risks related to the use of the payment methods unless these payment methods are provided by the Company’s partners or are the Company’s responsibility. The Company isn’t responsible for any delay or cancellation of financial transactions that may be caused by the selected payment system. In a case where the Client has any claims related to any of the payment systems, it’s his/her responsibility to contact the support service of the payment system and to notify the Company of their claims.
- The Company shall not be responsible for the activities of any third-party service providers that the Client may use in order to make any deposit/withdrawal. The Company’s financial responsibility for the Client’s funds starts when the funds arrive at the Company’s bank account or any other account related to the Company and this fact appears on the Payment Methods page of the Website. In case any fraud appears during the financial transaction or after it, the Company reserves the right to cancel the transaction and to freeze the Client’s account.
- The Company’s responsibility as to the Client’s funds ends when the funds leave the Company’s bank account or any other account related to the Company and this fact appears on the Payment Methods page of the Website.
- In case of any technical errors that may appear when processing the financial transaction, the Company reserves the right to cancel that transaction and all other Client’s financial activity on the Company’s Website.
2. Client’s Registration
Client’s registration procedure is based on two main steps:
- Client’s web registration.
- Client’s identity verification.
To complete the first step, the Client must:
- Provide the Company their real identity and contact details.
- Accept the Company’s agreement and submit an application.
To complete the second step, the Client must:
- Provide a full copy of their Passport and/or (if available) ID card with a photo and personal details.
The Company reserves the right to demand from the Client other documents, such as paying bills, bank confirmation, bank card scans or any other document that may be necessary during the verification process.
The identification process shall be completed in 10 business days since the Company’s request to identify the Client. In some cases, the Company may increase the identification process up to 30 working days.
3. Depositing Procedure
- To make a deposit, the Client shall make an inquiry from their personal profile. To complete the inquiry, the Client shall choose any of the payment methods from the list, fill in all the required details and proceed to the payment page.
- The processing time of the inquiry depends on the selected payment method and may vary from one method to another. The Company cannot regulate the processing time. In the case of using electronic payment methods, the transaction time can vary from seconds to days. In case of using direct bank wire, the transaction time can be up to 45 business days.
4. Taxes
- The Company is not a tax agent and therefore shall not provide financial information on the Client to any third parties. This information shall not be disclosed unless officially requested by government authorities.
5. One-Click Payments
- You agree to pay for all goods and/or services or other additional services you ordered on the Website, as well as for any additional expenses (if any), including, but not limited to, all possible taxes, charges, etc. You bear full responsibility for timely payments on the Website. The Payment Service Provider only facilitates payments for the amounts indicated on the Website and it is not responsible for the payment of any additional fees/expenses by the Website user. After you click the “Pay” button, the transaction is deemed to be irrevocably processed and executed. After clicking the “Pay” button, you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate the laws of any country. Also, by accepting these Regulations (and/or Terms & Conditions), you, as a cardholder, confirm that you are entitled to use the Services offered on the Website. When using the Website services, you make a legally binding declaration that you have reached or surpassed the legal age that is considered as such by your jurisdiction for using the Services provided on the Website. By starting to use the Website Services, including those of specific nature, you bear legal responsibility for violating the legislation of any country where these Services are being used and confirm that the Payment Service Provider is not responsible for any such unlawful or unauthorized violation. By agreeing to use the Website Services, you understand and accept that processing of any of your payments is executed by the Payment Service Provider and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment. If you wish to reject to use Services for your next purchases of goods and/or services or other facilities on the Website, you can do that by using your personal account/profile on the Website. The Payment Service Provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorization for the payment with your payment card. The Payment Service Provider is not responsible for the quality, quantity, price, terms or conditions of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website Terms and Conditions. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered on the Website and for any additional expenses/fees that can be applied to this payment. The Payment Service Provider acts only as the executor of the payment in the amount stated on the Website and it is not responsible for pricing, total prices and/or total sums. In case there is a situation when you do not agree with the terms and conditions and/or other reasons, we ask you not to proceed with the payment and, if necessary, contact directly the Administration/Support Team of the Website.
Anti Money Laundering (AML) and Know Your Customer (KYC) Policy
- It is the Policy of DIGITAL SMART LIMITED and its affiliates (hereinafter referred to as “the Company”) to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. The Company requires its officers, employees, and affiliates to adhere to these standards in preventing the use of its products and services for money laundering purposes.
- For the purposes of this Policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets.
- Generally, money laundering occurs in three stages. Cash first enters the financial system at the “placement” stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveler’s checks, or deposited into accounts at financial institutions. At the “layering” stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin. At the “integration” stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses. Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes.
- Each employee of the Company, whose duties are associated with the provision of products and services of the Company and who directly or indirectly deals with the clientele of the Company, is expected to know the requirements of the applicable laws and regulations which affect his or her job responsibilities, and it shall be the affirmative duty of such employee to carry out these responsibilities at all times in a manner that complies with the requirements of the relevant laws and regulations.
- The laws and regulations include, but not limited to: “Customer Due Diligence for Banks” (2001) and “General Guide to Account Opening and Customer Identification” (2003) of Basel Committee on Banking Supervision, Forty + nine Recommendations for Money Laundering of FATF, USA Patriot Act (2001), Prevention and Suppression of Money Laundering Activities Law (1996).
- To ensure that this general Policy is carried out, management of the Company has established and maintains an ongoing program for the purpose of assuring compliance with the relevant laws and regulations and the prevention of money laundering.
- Each of the potential (possible) affiliates of the Company is required to comply with AML and KYC policies.
- All identification documents and services records shall be kept for the minimum period of time required by local law.
- All new employees shall receive anti-money laundering training as part of the mandatory new-hire training program. All applicable employees are also required to complete AML and KYC training annually. Participation in additional targeted training programs is required for all employees with day-to-day AML and KYC responsibilities.
Order Execution Policy
DIGITAL SMART LIMITED (hereinafter the Company) is required to establish and provide its Clients (as defined in the Agreement) and potential clients an order execution policy in the form of the present (hereinafter called the “Policy”) and take all reasonable steps to obtain the best possible result (or “best execution”) on behalf of Clients.
This Policy forms part of the Company’s Terms & Conditions (the Agreement or Terms and Conditions).
By opening a trading account you acknowledge that the Financial Instruments (as defined below) offered by the Company are traded over the counter (OTC) and therefore consent to the fact that your orders will be executed outside a regulated exchange or multilateral trading facility.
Where this Policy refers to Financial Instruments, it shall be taken to mean all the Company’s products (as these are listed below) collectively.
Scope of Application
The Company is executing Clients’ orders in relation to the following Financial Instruments:
- Digital Options on stocks, commodities, indices and/or currency pairs;
- Binary Options on stocks, commodities, indices and/or currency pairs; and/or
- Contracts for Differences (CFDs) on stocks, commodities, ETFs, currency pairs and cryptocurrencies.
It is up to the Company’s sole discretion to decide which types of Financial Instruments to make available.
It is understood that trades are placed with the Company via the online trading platform only and that the Company does not facilitate telephone orders or face-to-face trading i.e. all trading activity is 100% automated. The Company is the counterparty to clients’ trades and transacts with clients as principal. The Company automatically records all orders and allocates them in sequential order ensuring their fair and prompt execution.
The Company publishes, through its Trading Platform, the live streaming prices at which the Financial Instruments offered can be traded.
The Company acts as the sole Execution Venue (as defined further below) and as principal to the Clients’ trades. Clients’ positions are not transferable and Clients can only close their positions with the Company.
All information relating to executed trades are immediately available on your platform, and your profit and loss for an associated closed trade is reflected in the balance of your trading account.
This Policy ensures compliance with the Company’s obligation to execute orders on terms most favourable to Clients.
Best Execution Factors & Criteria
When executing Clients’ orders, the Company takes into account the following “Execution Factors”, in order to obtain the best possible result for its Clients:
- Price
- Costs
- Speed and likelihood of execution and settlement
- Size and nature
- Market conditions and variations
- Any other consideration relevant to the execution of the order.
Price and costs will ordinarily be of high relative importance in obtaining best possible results.
However, in some circumstances, reference to the “Execution Criteria” may appropriately determine that Execution Factors have greater importance in achieving the best possible result for the Client. The Company shall determine the relative importance of the Execution Factors by taking into account the characteristics of the following Execution Criteria:
- The Client’s order
- The Financial Instruments that are the subject of that order, and
- Any other Execution Venues to which that order may be directed.
For retail clients, the best possible result shall be determined in terms of the total consideration, representing the price of the Financial Instrument and the costs related to execution, which shall include all expenses incurred by the Client which are directly related to the execution of the order and any other fees paid to third parties involved in the execution of the order and any other fees paid to third parties involved in the execution of the order (if applicable).
It is the Company’s policy to maintain such internal procedures and principles in order to determine and to act for the best interest of its Clients and provide them the best possible result (or “best execution”) when dealing with them.
Clients Trading in Digital Option Contracts
Price: The Company will quote one price at which the Client can open an order. Prices for any given option are calculated by reference to the BID and ASK prices of the relevant underlying financial instrument and can be found on the Company’s trading platform.
Prices are updated frequently as the limitations of technology and communication links allow.
The Company ensures that the Client will receive the best price by guaranteeing that the calculation of the quoted prices is made with reference and compared to a range of underlying price providers and data sources.
Please note that despite taking reasonable steps to obtain best possible results for Clients, the Company is unable to guarantee, when executing orders, that the prices offered will be more favorable than prices that might be available elsewhere.
Under certain trading conditions, the Client should note that it may be impossible to execute an Order at their requested price. In such cases the Company reserves the right to execute the Order at the first available price. Such instances may occur during times of high market volatility and price fluctuations e.g. when the price of an asset rises or falls in one trading session to such an extent that, under the rules of the relevant exchange, trading is suspended or restricted. The available prices provided by the Company are calculated as (ASK+BID)/2 i.e. the average between the BID and ASK prices.
Costs: No commissions or financing fees are charged by the Company for Digital Option Contracts trading.
The Company reserves the right to, at any time, apply such charges in the future with prior notice to the Client. Such notice may be sent personally to the Client and/or posted on the Company’s website. Should the Company at any period of time decide not to charge any costs, it shall not be construed as a waiver of its rights to apply them in the future.
Speed of Execution: The Company executes the Client orders as a principal to principal against the Client, i.e. the Company is the execution venue for the execution of the Client’s Order. The Company strives to offer a high speed of execution however, in certain circumstances, for example low internet speed or market volatility, the quoted price may no longer be representative of the underlying market price and may result in the Client placing his/her Order at a delay, this may result in orders being executed at a better or worse prevailing price offered by the Company.
Likelihood of Execution: The Company acts as principal and not as an agent on the Client’s behalf. The Company relies on its price fed providers for pricing, hence the execution of the Client orders shall depend on the availability of services of the price feed providers. Although the Company executes all Client orders, in some instances, it may not be possible to arrange an Order for execution during abnormal market conditions. This can occur, but is not limited to, the following examples: overnight, during news times, the opening of trading sessions, volatile markets (where prices may move significantly up or down and away from declared prices), where there is rapid price movement, where there is insufficient liquidity for the execution of the specific volume at the declared price or a force majeure event has occurred.
For clarification purposes, abnormal market conditions as indicated above, might include situations where the underlying asset might be subject to split and/or reverse split; in such instances the Company, may decide (upon its absolute discretion) to close the client’s position(s) held in the referred asset with the last available price on the platform prior to the occurence of the split and/or reverse split event and the client will receive a notification in this regard.
In the event where the Company is unable to proceed with an Order in relation to price or size or any reason, the Order will be executed at the first available price or not executed at all. In addition, please note, that the Company is entitled, at any time and at its discretion, without giving any notice or explanation to the Client, to decline or refuse to execute any Order or request of the Client in circumstances explained in the Terms & Conditions.
The Company does not accept any orders outside of the market hours of the relevant underlying financial instrument.
Likelihood of Settlement: The Company shall proceed to the settlement of all transactions upon execution of such transactions. The Options offered by the Company do not involve the delivery of the underlying asset, so they are not settled physically as there would be for example if the Client had bought Shares. All Options are cash settled.
The Company shall proceed with the settlement of all transactions upon the execution and/or time of expiration of the specific transaction.
Size of Order: All orders are placed in monetary values. The Client is able to place an order as long as they have enough balance in their trading account. The minimum size of an Order may be different for each type of Option, please refer to the Company’s trading platform for the value of the minimum size of an Order in each Option, as well as the value of the maximum size of a single Order.
If the Client wishes to execute a large Order, in some cases the price may become less favorable. The Company reserves the right to decline an Order in case the size of the Order is large and cannot be filled by the Company.
Market Impact: Some factors may rapidly affect the price of the underlying instrument/product from which the Company’s quoted price is derived and may also affect other factors listed herein. The Company will take all reasonable steps to obtain the best possible result for its Clients.
The Company does not consider the above list exhaustive and the order in which the above factors are presented shall not be taken as priority factor.
Different Types of Options: The Company offers the following types of Options on its platform:
- Digital: Options with multiple strike prices
- Binary: Options with one strike price (current market price)
Further information can be found on the Company’s trading platform.
Types of Orders: The Client may give instruction to execute or initiate a trade with the Company by way of a Market Order (trade request) whereby the Client gives instructions to immediately buy or sell at the best available price.
Clients Trading in CFDs
Price: The price for a given contract is calculated by reference to the price of the relevant underlying financial instrument. For any given CFD, the Company will quote two prices: the higher price (ASK) at which the Client can buy (go long) that CFD, and the lower price (BID) at which the Client can sell (go short) that CFD. Collectively, the ASK and BID prices are referred to as the Company’s prices and can be found on the Company’s trading platform.
The difference between the lower and the higher price of a given CFD is the spread.
Prices are updated frequently as the limitations of technology and communication links allow.
The Company ensures that the Client will receive the best price by guaranteeing that the calculation of the quoted prices is made with reference and compared to a range of underlying price providers and data sources.
Please note that despite taking reasonable steps to obtain best possible results for Clients, the Company is unable to guarantee, when executing orders, that the prices offered will be more favorable than prices that might be available elsewhere.
Under certain trading conditions, the Client should note that it may be impossible to execute an Order at their requested price. In such cases the Company reserves the right to execute the Order at the first available price. Such instances may occur during times of high market volatility and price fluctuations e.g. when the price of an asset rises or falls in one trading session to such an extent that, under the rules of the relevant exchange, trading is suspended or restricted.
Costs: In most circumstances, a spread is applied. The spread is dynamic for certain Financial Instruments, and may take into account factors such as liquidity in external markets for the underlying financial instrument and competitive pricing. The Company reserves the right to charge the Client a swap fee (of up to 0.5% of the face value of the position) for keeping a position open overnight. This swap fee can be subject to changes in the future.
In certain circumstances (such as increased volatility or illiquidity in relation to the underlying market concerned) the Company reserves the right to alter the spreads offered.
In other circumstances, Clients may be charged overnight funding premiums.
The Company reserves the right to, at any time, apply such charges in the future with prior notice to the Client. Such notice may be sent personally to the Client and/or posted on the Company’s website. Should the Company at any period of time decide not to charge any costs, it shall not be construed as a waiver of its rights to apply them in the future.
Speed of Execution: The Company executes the Client orders in CFDs as a principal to principal against the Client, i.e. the Company is the execution venue for the execution of the Client’s Order. The Company strives to offer a high speed of execution however, in certain circumstances, for example low internet speed or market volatility, the quoted price may no longer be representative of the underlying market price and may result in the Client placing his/her Order at a delay, this may result in orders being executed at a better or worse prevailing price offered by the Company.
Likelihood of Execution: The likelihood of execution depends on the availability of the prices of the price feed providers of the Company. In some instances, it may not be possible to arrange an Order for execution during abnormal market conditions. This can occur, but is not limited to, the following examples: overnight, during news times, the opening of trading sessions, volatile markets (where prices may move significantly up or down and away from declared prices), where there is rapid price movement, where there is insufficient liquidity for the execution of the specific volume at the declared price or a force majeure event has occurred.
For clarification purposes, abnormal market conditions as indicated above, might include situations where the underlying asset might be subject to split and/or reverse split; in such instances the Company, may decide (upon its absolute discretion) to close the client’s position(s) held in the referred asset with the last available price on the platform prior to the occurence of the split and/or reverse split event and the client will receive a notification in this regard.
In the event that the Company is unable to proceed with an Order in relation to price or size or any reason, the Order will be executed at the first available price or not executed at all. In addition, please note, that the Company is entitled, at any time and at its discretion, without giving any notice or explanation to the Client, to decline or refuse to execute any Order or request of the Client in circumstances explained in the Terms & Conditions.
The Company does not accept any orders outside of the market hours of the relevant underlying financial instrument.
Likelihood of Settlement: The Company shall proceed to the settlement of all transactions upon execution of such transactions. The CFDs offered by the Company do not involve the delivery of the underlying asset, so they are not settled physically as there would be for example if the Client had bought Shares. All CFDs are cash settled.
The Company shall proceed with the settlement of all transactions upon the execution and/or time of expiration of the specific transaction.
Size of Order: All orders are placed in monetary values. The Client is able to place an order as long as they have enough balance in their trading account. The minimum size of an Order may be different for each type of CFD, please refer to the Company’s trading platform for the value of the minimum size of an Order in each CFD, as well as the value of the maximum size of a single Order.
If the Client wishes to execute a large Order, in some cases the price may become less favorable. The Company reserves the right to decline an Order in case the size of the Order is large and cannot be filled by the Company.
Market Impact: Some factors may rapidly affect the price of the underlying instrument/product from which the Company’s quoted price is derived and may also affect other factors listed herein. The Company will take all reasonable steps to obtain the best possible result for its Clients.
The Company does not consider the above list exhaustive and the order in which the above factors are presented shall not be taken as priority factor.
Different Types of CFDs: The Company offers the following types of CFDs on its platform:
- “Forex”: CFDs in currency pairs (FX)
- “Stocks”: CFD in Stocks
- “Crypto”: CFDs in Cryptocurrencies
- ETFs
Types of Orders: The Client may give instruction to execute or initiate a trade with the Company by way of:
- Market Order: whereby the Client gives instructions to immediately buy or sell at the best available price.
- Limit Order: whereby the Client gives instruction to buy or sell at a maximum or minimum price he specifies.
Execution Practices in CFDs
Slippage: You are warned that Slippage may occur when trading in CFDs. Slippage is the difference between the expected price of an Order, and the price the Order is actually executed at. In some situations, at the time an Order is presented for execution, the specific price shown to the Client may not be available; therefore, the Order will be executed close to or a number of pips away from the Client’s requested price.
Slippage can occur at times of low liquidity or high volatility (e.g. after economic events or news announcements) and is a normal element of trading in CFDs.
Leverage (Multiplier): The use of the multiplier tool in CFD trading enables the client to trade in the markets and increase proportionally the returns of his/her invested amount, in relation to the returns in the market. However, the maximum loss a client can incur from a trade is limited to his/her original investment amount, meaning the remaining amount of his/her equity is secured. The Company applies a maximum multiplier of 1:1000 for all clients by default, in line with relevant legislation.
E.g. (for long positions): A trader decides to invest €1,000 (Investment Amount) on the upwards movement of EUR/USD. He/she also chooses to use a multiplier of 50 for this trade. After one day, the trader decides to close the position. At that moment, the price of EUR/USD moved from 1.153250 (opening price) to 1.158000 (closing price) or otherwise 0.41188%. The realized profit for the client will be €205.94 or otherwise 20.594%. To better understand the calculations, the invested capital increased by the percentage move in the market multiplied by the multiplier (0.41188% x 50 = 20.594%)
(Closing Price / Opening Price -1) x Multiplier x Investment Amount = Profit/Loss
i.e. (1.158000 / 1.153250 -1) x 50 x 1000 = 205.93973553 or €205.94
For short positions: i.e (1-closing price / opening price) x Multiplier x Investment Amount = Profit/Loss
Without the use of the multiplier tool the trader’s profit would have been 4.1187947106 or €4.12
In the opposite scenario, if the market had moved against his/her position, the realized losses would have been larger with the use of the multiplier compared to a position opened without the use of it. To demonstrate with the same example, if the market had moved 1% down from the opening price of 1.153250, because of the use of the multiplier tool, the invested capital will decrease by 50% (1% x 50)
i.e. 1% x 50 x 1000 = €500
Without the use of the multiplier tool the trader’s losses would have been €10
If the trader had used a lower multiplier both the profit and loss amount in the examples above, would have been smaller as well.
E.g. Using a multiplier of 20, the realized profit in the first example would be (1.158000 / 1.153250 -1) x 20 x 1000 = 82.374 or €82.40 and 1% x 20 x €1,000 = €200 for the second example.
As it will be explained more in the Maintenance Margin section the trader will never lose more than the investment amount of a position.
Warning: Trading CFDs carries a high level of risk since the multiplier tool (leverage) can work both in your advantage and disadvantage. As a result, it may not be suitable for all investors because you may lose all your invested capital.
Maintenance Margin: The Maintenance Margin is the minimum amount of equity in a position required to maintain the open position. Should this amount fall below 5% of the initial investment, the Company will automatically close the position.
E.g. Using the data from the previous example with €1,000 investment in EURUSD and using a multiplier of 50, the maintenance margin is calculated as 5% x €1,000 = €50. Therefore, the maximum loss the trader can occur, before their position is closed by the Company is 95% or €950.
The price when the position will be closed by the Company, and only if the trader hasn’t decided to already close the position, is 1.131338. At this price, the remaining amount of the investment will have reached the maintenance margin.
To better understand the calculations the return in the market when 95% of the investment amount will be lost is 1.9% on the downside since the position is long the EURUSD
Maximum Loss / multiplier = return in market
i.e. 95% / 50 = 1.9%*
For an opening price of 1.153250, a 1.9% decline will cause the price to move to 1.131338
Opening Price x (1 – return in market) = price when position will be closed
i.e. 1.153250 x (1-1.9%) = 1.131338
*In most cases, a position will be automatically closed as soon as it declines by 95%. It can happen that the position will be closed in a range between 95% and 100%, such situations can occur at times of low liquidity or high volatility (e.g. after economic events or news announcements) and is a normal element of trading in CFDs.
In case of 100% loss, calculations will be like this:
Maximum Loss / multiplier = return in market
i.e. 100%/50 = 2%
For an opening price of 1.153250, a 1.9% decline will cause the price to move to 1.130185
Opening Price x (1 – return in market) = price when position will be closed
i.e. 1.153250 x (1-2%) = 1.130185
The Company assigns the following importance level to the Best Execution Factors:
Best Execution Factor | Level of Importance |
---|---|
Price | High |
Costs | High |
Speed of Execution | High |
Likelihood of Execution | High |
Likelihood of Settlement | Medium |
Size of Order | Medium |
Market Impact | Medium |
Execution Venues
For the purposes of the provisions relating to best execution “Execution Venue” shall mean a regulated market, multilateral trading facilities (MTF), systematic internalisers (SI), market makers, liquidity providers or any other entity that facilitates trading of Financial Instruments. For the purpose of this policy, it is understood that the Company is the sole Execution Venue.
Although the Company may at its own discretion transmit your orders for execution to third party liquidity providers, contractually the Company is the counterparty to your trades and any execution of orders is done in the Company’s name; therefore, the Company is the sole Execution Venue for the execution of the clients’ orders and acts as a principal and not as an agent on the Clients’ behalf.
The client acknowledges that the transactions entered in Financial Instruments with the Company are not undertaken on a recognised exchange.
Specific Client Instructions
Where the client provides the Company with specific instructions as to the execution of an Order, the Company shall execute the Order in accordance with that specific instruction, and will proceed in taking all reasonable steps to obtain the best possible result. It should be noted that specific instructions may prevent the Company from following this Policy.
Where the client’s instruction relates to only part of the Order, the Company will continue to apply its Order Execution Policy to those aspects of the Order not covered by the specific instruction.
Trading Hours
Details of the opening times in relation to particular Financial Instruments are available through the Trading Platform.
Monitoring and Review
The Company will monitor on a regular basis the effectiveness of this Policy and the execution quality of the procedures explained in this Policy, making any changes where appropriate.
As part of the monitoring process, the Company will consider the following:
- Reconciliation of trades: As the Company executes the Client’s trades, it is the responsibility of the Company to ensure that these orders are executed in line with this Policy. The Company monitors all best execution factors via numerous internal controls and processes.
- Price: The Company has established sound arrangements, controls and procedures in relation to price feed monitoring by cross checking the prices offered to its Clients with the prices offered by the feed providers and reliant market data sources. Any price deviations are further investigated.
In addition, the Company will review this Policy at least once a year and will notify its clients of any material changes (including changes to the selected Execution Venues and third-party brokers, if applicable). Upon request, the Company will demonstrate to its Clients that it has executed their orders in accordance with its Order Execution Policy.
Client Consent
When establishing a business relation with the Client, the Company is required to obtain the Client’s prior consent to this Policy.
The Client shall be deemed to have provided such consent to the Order Execution Policy, as in force and as amended from time to time, by accepting the Agreement or by effecting a transaction following the amendment of the this Policy and/or the Agreement and/or receipt of the notice of any amendment of the Order Execution Policy.
Risk Disclosure
Before you (our client and/or prospective client) apply for a trading account with the Company and begin trading on financial markets, please review carefully the below list of risks in conjunction with the Terms & Conditions.
Risk Warning
The financial products offered by the Company, including Contracts for Difference (‘CFDs’) are complex financial products, most of which have no set maturity date. Therefore, a CFD position matures on the date you choose to close an existing open position. Trading CFDs carries a high level of risk since the multiplier tool (leverage) can work both to your advantage and disadvantage. As a result, it may not be suitable for all investors because you may lose all your invested capital. You should not risk more capital than you are prepared to lose. Before trading you should understand the risks involved and take into account your level of experience. You should seek independent advice if necessary.
Introduction
- This Risk Disclosure is intended to inform you of the general risks that exist in trading activities on our website and of dealing in the Financial Instruments offered by the Company. You must recognize that these risks entail a chance of losing money while trading. This disclosure is informational and must not be considered a list of all possible risks.
- Trading in the Financial Instruments offered through this website is VERY SPECULATIVE AND HIGHLY RISKY and may involve a risk of loss of all your investments. The products offered by the Company are categorized as high-risk complex Financial Instruments and are not suitable for all members of the general public but only for those investors who:
- are willing to assume the economic, legal and other risks involved. You should be aware of the risks inherent in trading in these Financial Instruments and be able to bear such risks.
- are able to assume financially the loss of their entire investment amount taking into consideration their personal finances, including resources and obligations.
- possess the appropriate level of experience and/or knowledge in the specific Financial Instruments offered by the Company. It is important for you to ensure that any decision to engage in trading CFDs and other products offered by the Company, is made on an informed basis, and that you understand the nature of the CFDs/products offered and the extent of all the risks associated with CFDs and other products.
- Please note that CFDs are leveraged financial products and therefore as such, trading in CFDs using the Company’s ‘multiplier’ (leverage) tool involves high risk of loss as price movements are influenced by the amount of multiplier (leverage) used. For more information, please refer to the Company’s Order Execution Policy.
1. Risks Associated with Trading in Financial Instruments
- The Financial Instruments offered by the Company derive their value from the performance of the underlying assets/markets. It is important therefore that you understand the risks associated with trading in the relevant underlying asset/market because movements in the performance of the underlying asset/ market will affect the profitability of your trade.
- Information on the previous performance of Financial Instruments does not guarantee the same circumstances of its current and/or future performance. The use of historical data does not lead to a safe forecast.
- Trading in the Financial Instruments offered by the Company can put your capital at risk. These Financial Instruments are categorized as high risk complex products and you may lose all or part of the amount invested. Trading in the Financial Instruments offered by the Company is not suitable for all categories of investors. Your investment decisions are subject to various markets, currency, economic, political, business risks etc., and will not necessarily be profitable. You acknowledge, and without any reservation accept, that the value of any investment in a Financial Instrument may vary either upwards or downwards. You acknowledge, and without any reservation accept, the existence of a substantial risk of incurring losses and damages as a result of the buying or selling of any Financial Instrument offered by the Company and acknowledge your intent to take such risk.
- The Company will not provide you with any investment recommendations or with any advice that is directly or indirectly connected with the trading of Financial Instruments and you acknowledge that the services provided by us do not include investment advice. This includes guidance in relation to underlying assets, the market or specific trading strategies.
- You should note that the Company may provide you, from time to time, with useful information about relatable subjects created by third parties BUT the Company does not approve or endorse this information and/or these tools. Such information may be indicative of trading trends or trading opportunities and it should be understood that, by taking any actions as a result of this information/tools, you accept and understand that it can cause loss of all your capital. We don’t accept liability for any such losses resulting from actions taken by you based on information and or tools produced by third parties.
- The Company may also provide, at its discretion, information, news, market commentary or any other information through its website, agents or platform but when it does so, it is understood that the information is provided solely to enable you to make your own investment decisions and does not amount to investment advice. You accept that you are solely responsible for the trades you make and that any transaction you enter into is done so based on your own judgment.
- Market Risk: Due to the high volatility of the Market, prices of most Financial Instruments traded can vary considerably over the course of a day, which may bring you profit as well as loss. Those Financial Instruments with volatile price movements should be carefully considered as there are higher risks of loss. Prices may fluctuate due to changes in market conditions which is beyond your control and that of the Company and it may not be possible for trades to be executed at the declared prices resulting in losses. The volatility of the market can be affected by, but is not limited to, changes in the supply & demand, national & international policy, geopolitical instability and economical/political events or announcements.
- Liquidity Risk: This is the financial risk that for a certain period of time an underlying asset cannot be traded quickly enough in the market without impacting the market price. You must acknowledge that some products offered by the Company may suffer from liquidity strains due to adverse market conditions, and as such, the asset may be volatile and have a higher degree of risk. The volatility may be reflected in a larger spread between the ASK and BID prices, resulting in a change in the price of the product.
- OTC/Counterparty Risk: Financial Instruments offered by the Company are Over-the- counter (OTC) or off-exchange traded. This means the trading is done directly between two parties, without any supervision of an exchange. The Company sets the conditions for trading according to its obligations to provide best execution for our clients.
- OTC/Counterparty risk is the risk that, as there is no exchange market, the derivative transaction may not be closed out of an Open position. Prices quoted are established by dealers which consequently make it difficult to ensure fair pricing to assess exposure to risk.
- Foreign Exchange Risk: If a Financial Instrument is traded in a currency other than the currency of your account, changes in exchange rate may affect the value of the transaction negatively resulting in financial losses.
2. Risks associated with trading in CFDs on cryptocurrencies
- The CFDs on Cryptocurrency Services are not suitable for all investors. The CFDs on Cryptocurrency Services are highly complex and as such Clients must always make sure that are fully aware and understand the specific characteristics and risks regarding the said CFDs on Cryptocurrency Services and have extensive knowledge and/or expertise of the CFDs on Cryptocurrency Services and of the underlying assets of the financial instruments offered by the CFDs on Cryptocurrency Services.
- Trading on financial instruments offered by the CFDs on Cryptocurrency Services carries a high risk of losing all your invested capital in your trading account and/or in a specific trade.
- Trading prices of the financial instruments and underlying assets offered by the CFDs on Cryptocurrency Services carry high volatility and thereby can widely fluctuate or become temporarily or permanently unavailable, therefore Clients should trade carefully and only with funds that they can afford to lose.
- The nature of Cryptocurrencies may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by the Company may prevent the access to or use of the CFDs on Cryptocurrency Services.
- The financial instruments offered by the CFDs on Cryptocurrency Services have specific distinct risks from financial instruments offered by the Company with underlying assets, currencies or commodities. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are a unique kind of currencies, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of Cryptocurrencies in a crisis or issue more currency.
3. Risks associated with trading in cryptocurrencies
- Virtual currencies are complex and high risk products and as such, you could lose your entire invested capital.
- Virtual currencies can widely fluctuate and may result in significant loss over a short period of time. You should not trade in virtual currencies in case you do not have the necessary knowledge and expertise in these products.
4. Technical Risks
- We are not responsible for financial losses arising from failure, malfunction, interruption, disconnection or malicious actions of information, communication, electricity, electronic or other systems, which are not the result of gross negligence or willful default of the Company.
- When working with the client terminal, you assume the risks arising from:
- Failures in your equipment, software, and connection;
- Errors in your client terminal settings;
- Failure to update your version of the client terminal in a timely manner;
- Your failure to follow the instructions for using the client terminal.
We are not responsible for errors that occur in the operation of the client terminal and will not compensate for losses resulting from errors in the operation of the client terminal.
You must understand that any third-party attacks against the Company’s Systems which result in disruption of services or loss of funds, are not the responsibility of the Company and any liability for resulting losses will not be compensated by the Company.
The Company ensures to take all reasonable measures to deflect such attacks and provide you with a secure and smooth trading experience.
- You must understand that when concluding transactions over the phone, you may encounter difficulty getting through to an operator, especially during peak times. It should be noted that currently, the Company does not accept orders over the phone.
- You must understand that the unencrypted information transmitted by e-mail is not protected from any unauthorized access.
- You may suffer financial losses caused by the materialization of the above-mentioned risks, and you understand that you shall be responsible for all related losses that you may suffer, assuming that these are not owed to the Company’s gross negligence or willful default.
5. Abnormal Market Risks
- You agree that if market conditions become abnormal the amount of time required to process your orders and/or instructions may increase. Additionally, you agree that orders may not be executed at declared prices and there is a chance that they may not be executed at all.
- Abnormal market conditions include but are not limited to: times of rapid price movements, rises or falls in the same trading session to such an extent that, under the rules of the relevant exchange, trading is suspended or restricted, or there is lack of liquidity, or this may occur at the opening of trading sessions.
6. Risks Associated With the Laws Of Certain Governments
- You also assume responsibility for trading and non-trading operations performed within countries where they are restricted or prohibited by law.
- Laws regarding financial trading and contracts may be different throughout the world. It is your obligation to make certain that the use of our services is fully compliant with any law, regulation or directive applicable in your country of residence.
- The ability to access our website or any related website found from a link on our website does not mean that our services or any related activities are legal under the laws of your country of residence. These services should not be used by anyone in any jurisdiction in which these services are not authorized or unlawful. All users are required and responsible to check trading regulations related directly or indirectly to the Financial Instruments offered by the Company in their respective countries before registering at our trading platform.
7. Risks Associated With the Trading Platform
- All of your instructions are sent to our server and executed in order. Therefore, you cannot send a second order until your previous order has been executed. If a second order is received before the first is processed, the second order will be rejected. You assume responsibility for any unplanned trading operation that may be executed if you re-submit an order before being notified of the results of the first order.
- You must understand that closing the order window or position window does not cancel a submitted order.
- You acknowledge that only the quotes received from our server are authoritative. If there is a problem in the connection between your client terminal and our server, you can retrieve undelivered quote data from the client terminal’s quote database.
8. Communication Risks
- You must be aware of the risk that information sent via unencrypted email may be accessed by unauthorized parties.
- We are not responsible for financial losses arising from delayed or failed receipt of a Company message.
- You are responsible for the security of the credentials for your Personal Area and trading accounts as well as the confidential information that we send you. We are not responsible for financial losses arising from your disclosure of this information to third parties.
9. Force Majeure Events
- We are not responsible for financial losses arising from force majeure events. These events are extreme and irresistible circumstances that are independent of the will and actions of the agreement participants, that cannot be foreseen, prevented, or eliminated, including but not limited to natural disasters, fires, man-made accidents and disasters, emergencies at utility works and on utility lines, DDOS attacks, riots, military actions, terrorist attacks, uprisings, civil unrest, strikes, and the regulatory acts of state- and local government authorities.
10. Third Party Risks
- It is understood that we will promptly place all funds received from clients into one or more segregated account(s) (denoted as ‘clients’ accounts’) with reliable financial institutions, such as a credit institution or a bank. It should be noted that, whilst we shall exercise due skill, care and diligence (in accordance with applicable laws) when selecting the financial institution in which your funds will be placed, the Company is unable to accept liability and responsibility for circumstances beyond our control and as such do not accept any liability or responsibility for any resulting losses to you as a result of the insolvency or any other comparable proceedings or failure of the financial institution where your money will be held.
- The financial institution, to which we will pass your money, may hold it in an omnibus account. Hence, in the event of the insolvency or any other comparable proceedings in relation to that financial institution, we may only have an unsecured claim against the financial institution on your behalf, and you will be exposed to the risk that the money received by us from the financial institution is insufficient to satisfy your claims.
- It is understood that we execute your orders on an own account basis, i.e. as principal to principal against you; we are the counterparty of all your transactions. For more information please refer to our Order Execution Policy.
11. Conflicts of Interest
- When we deal with you as a client, our associates, relevant persons or some other persons connected with us may have an interest, relationship or arrangement that is in conflict with your interest as our client.
- Continuing from the above point, the following occurrences may give rise to a conflict of interest entailing a material risk of damage to the interests of one or more clients, as a result of providing investment services:
- we execute your orders as a principal and our revenues are largely generated from your trading losses;
- we may pay inducements to third parties for the referral of new clients or clients’ trading.
- For more information please refer to our Conflict of Interest Policy.
12. No Guarantees of Profit
- We are unable to:
- provide guarantees of profit or of avoiding losses when you trade in the Financial Instruments offered by the Company.
- provide guarantees of the future performance of your trading account.
- provide guarantees of any specific level of performance or guarantee that your investment decisions/strategies will yield profit or financial gain.
- You receive no such guarantees from us or from any of our affiliates or representatives.
- We are unable to: