- 1.1The website is operated by a Group of companies. 360 Degrees Markets Ltd and ISPASS Technologies Ltd are companies of this group. The website of jp.fxgt.com is owned by 360 Degrees Markets Ltd. 360 Degrees Markets Ltd (the ‘Company’) is an International business company with registration number 8421720- 1 and registered address Suite C, Orion Mall , Palm Street, Victoria, Mahe, Seychelles, is authorized and regulated by the Financial Services Authority Seychelles (FSA) under License number SD019. ISPASS Technologies Ltd, a software provider, is a registered company in Cyprus, with Registration Number HE394419 and has its registered address at Nikolaou Nikolaidi 3, Flat/Office 205, Paphos 8010, Cyprus.
- 2.2The Client acknowledges that by accepting the Terms and Conditions of Use, the Client enters into a binding legal agreement (the ‘Client Agreement’).
- 2.3The Client acknowledges that trading in any financial instrument involves a significant level of risk and may result in loss of all funds invested. Please refer to our Risk Disclosure Notice posted on the Company’s Website.
- 2.4The Client acknowledges that the Firm’s official language is the English language.
- 3.1The Terms and Conditions of Use govern all the actions relating to each and all investment services the Company is authorized to provide.
- 3.2The Terms and Conditions are non-negotiable and override any other agreements, arrangements, express or implied statements made by the Company unless the Company determines – in its sole discretion - that the context requires otherwise. Any acts, omissions or representations (oral or otherwise) made either by the Client or by the Company (including any of Company’s employees the Client has his/her dealings with) shall not amend or take priority over this Agreement.
- 3.3The Company reserves the right to amend, alter and modify delete or add to any of the provisions of these Terms and Conditions at any time in accordance with the terms hereof. If the Terms and Conditions were to be amended (hereinafter referred to as “Changes”), reasonable notice shall be given by the Firm to the Client which shall be announced on the Company’s website. All amended terms shall have immediate effect from the moment they are officially posted on the Company’s Website accompanied with the relevant announcement. The updated version of these Terms and Conditions becomes legally binding to both parties upon your acceptance/acknowledgement (via tick box) to those terms prior to any access, login or use to your existing account.
- 3.4The Client’s continued use or access of the Company’s Online Trading Facility after the publication of any Changes shall be considered as the Client’s agreement to such modified Terms and Conditions and shall be governed by those Terms and Conditions as modified. If the Client does not wish to be bound by those Changes, the Client should cease to access and/or use Company’s Online Trading Facility and inform the Company in writing immediately.
- 3.5The Client Acknowledges that he/she has read, understood and accepted all terms of this Agreement. By accepting the Agreement, the Client enters into a legally binding agreement with the Company.
- 3.6It is expressly understood and agreed that neither this Agreement nor anything in it shall constitute or be deemed to establish a partnership, agency relationship or joint Venture between the Client (or any of his/her entities, offices, employees or agents) and the Company (or any of its offices, employees or agents).
- 3.7Paragraph headings are for ease of reference only and are not intended to denote meaning.
- 3.8If there is any conflict between the provisions of this Agreement and relevant Laws and Regulations, the Laws and Regulations shall prevail.
4. Commencement of the Terms and Conditions and the Right to Cancel
- 4.1These Terms and Conditions including legal documentation shall commence application once the prospective Client initiates business relationship with the Company by accepting and agreeing to all abovementioned documents.
- 4.2Client’s trading account shall be initially placed on a maximum of fourteen (14) day Probation Period, during which the Company shall collect all required documentation from the Client, carry out and complete due diligence and Know Your Customer (KYC) procedures.
- 4.3The Company is under no obligation to accept Client’s Application for an Account Opening (the ‘Application’) and within the first fourteen (14) days of a Probation Period, the Company may, at Terms and Conditions of Use 4/42 its sole discretion, and without providing any reason, reject the application and terminate the Agreement.
- 4.4The Client may cancel the Agreement by providing the Company with a written notice within the first fourteen (14) days from initiating business relationship with the Firm, however this right may be limited if the Client has already entered into trades and/or those trades have been affected by any fluctuations in the market. The Termination and Default section of the Agreement contain further details regarding procedures applied in such circumstances.
- 4.5If neither the Client will cancel the Agreement nor the Company will terminate it within the first fourteen (14) days of a Probation Period, the Agreement will continue to be in effect unless terminated in accordance with the provisions contained in the Termination and Default section of the Agreement.
5. Duration of the Agreement
- 5.1The Agreement shall be effective since the date described in the Commencement of the Terms and Conditions and the Right to Cancel section for an indefinite period until its termination as described in the Termination and Default section of the Agreement.
6. Scope of Services
- 6.1As per the Securities Dealer Act, 2007 a Securities Dealer means a person:
- 6.1.1makes or offers to make an agreement with another person to enter into or offer to enter into an agreement, for or with a view to acquiring, disposing of, subscribing for or underwriting securities or in any way effects or causes to effect a securities transaction
- 6.1.2causes any sale or disposition of or other dealing or any solicitation in respect of securities for valuable consideration, whether the terms of payment be on margin, instalment or otherwise or any attempt to do any of the foregoing
- 6.1.3participates as a securities dealer in any transaction in a security occurring upon a securities exchange
- 6.1.4receives as a securities dealer an order to buy or sell a security which is executed
- 6.1.5manages a portfolio of securities for another person on terms under which the first mentioned person may hold property of the other person
- 6.2The Client acknowledges that the Services offered by the Company do not include the provision of investment advice. Any investment information as may be announced or provided by the Company or on its behalf does not constitute investment advice services whatsoever, or in any circumstances and shall be regarded as given for informative purposes only. No information announced or provided by the Company shall be deemed as an assurance or guarantee on the expected results of any Transaction.
- 6.3The Client agrees and acknowledges that he/she is solely responsible for any investment strategy, Transaction(s) or investment(s), composition of any account and taxation consequences and the Client shall not rely for this purpose on the Company. It is also understood and accepted that the Company shall not bear any responsibility in any manner or form whatsoever, regardless of the circumstances, for any such investment strategy, transaction, investment or information, composition of any Account or taxation consequences.
- 6.4The trading conditions and execution rules of the financial instruments on offer by the Company can be found online on the Company’s Website, at any given time. Upon a notice issued to the Client, the Company reserves the right to amend its legal documents, from time to time. Even if the Company amends any part of the trading conditions and/or execution rules the Client continues to be bound by the Agreement, including but not limited to any amendments that have been implemented.
- 6.5Unless specifically agreed, the Company is under no obligation to monitor or advise the Client on trading unless the Client is accepted for receiving service of investment advice, in which case a separate agreement between the Client and the Company shall be implemented; therefore, the Company may execute an instruction received by the Client even if such transaction is not suitable for the Client.
- 6.6The Client understands that no physical delivery of a CFD’s underlying instrument (or reference instrument) that he/she traded through his/her Trading Account shall occur.
- 6.7The services are available only to and may be used by individuals or companies who/which are eligible to form legally binding contracts under the laws applicable in their country of residence or, in case of companies, in their country of incorporation. Without limiting the foregoing, Company’s services are not available to persons under the age of 18 or otherwise legal age in their country of residence (hereinafter referred to as “Minors”). In case that the client is a Minor, the Company cannot provide its services to him/her and/or a Minor is not allowed to use Company’s Services.
- 6.8The Company is entitled to refuse the provision of any investment or ancillary service to the Client, at any time, without being obliged to inform the Client of the reasons to do so in order to protect the legitimate interests of both the Client and the Company.
- 6.9The offering of Services may not be legal in some jurisdictions. The Client understands and accepts that the Company is unable to provide the Client with any legal advice or assurances in respect of the Client’s use of the Services and the Company makes no representations whatsoever as to the legality of the Services in the Client’s jurisdiction. It is the Client’s obligation to verify the relevant laws in the Client’s jurisdiction before registering with the Website, applying for an Account and using the Services or Online Trading Facility. The Company does not intend to enable the Client to contravene any applicable laws and regulations. The Client represents, warrants and agrees to ensure that the use of the Online Trading Facility and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Online Trading Facility or the Services by the Client. The Client should consult a legal counsel in the applicable jurisdiction if in doubts about the legality of the use of the Online Trading Facility and the Services under the laws of any jurisdiction that apply to the Client.
A. who carries on business of dealing in securities, or
B. who holds himself out as conducting such business described below:
7. Account Opening
- 7.1In order to open a Trading Account every potential Client shall be required to successfully complete the Online Registration Process as determined by the Company, at its sole discretion.
- 7.2The Client agrees and understands that once he/she completes the Online Registration Form the Company receives his/her Application for Online Account Opening. At this point, the Client authorizes the Company to use all the information provided by him/her so that the Company can use such information in order to conduct any searches for the purpose of verifying Client’s identity, against any particulars on any database (public or otherwise) to which such third parties have access to.
- 7.3The Client agrees and understands that once he/she initiates business relationship with the Company, the Client is obliged to cooperate with the Company fully and promptly supply any information and documents required in order to verify his/her Trading Account.
- 7.4The Client agrees and understands that it is his/her responsibility to provide the Company with the most accurate and up-to-date information, as the Company relies on the information presented by the Client in the Online Registration Form.
- 7.5The Client agrees and understands that for deposit amounts of higher than 5,000 EUR, the client must submit the ‘Verification Documents’ during or upon account registration. For amounts below 5,000 EUR there is a probation period of fourteen (14) days in order to submit the ‘Verification Documents’, without the right to make any withdrawal from their account until the verification process is completed.
- 7.6The Client agrees and understands that he/she can register only one (1) account under the same email address. However, the same Client can open up to five (5) trading accounts in the same or different currencies. In the event the Company determines or suspects that a client registered multiple accounts using different email addresses, the Company reserves the right to suspend all accounts, and nullify/cancel all related trades without any prior notice.
8. Leverage/Margin Requirements
- 8.1Client may request to change her/his leverage ratio through his/her secure Member Area (if applicable) and/or via e-mail (sent from the Client’s registered e-mail address directly to the Company).
- 8.2The Company may determine at its discretion, the leverage applied on an asset class basis or per financial instrument on the Company's Website.
- 8.3All information regarding the leverage, margin requirements and trading limits are available on the Company’s Internet Website.
- 8.4It should be noted that the Company shall monitor the leverage ratio applied to Clients’ positions at all times. The Company also reserves the right to discretionary decrease the leverage ratio based on the Client’s trading activity in order to prevent Company’s market overexposure to high market risk due to abnormal market conditions and price fluctuations that might affect the interest of any other active Client. A notification will be sent to the Client, via any durable mean like the Online Trading Facility and/or by e-mail, notifying the Client of any change in trading conditions, including but not limited to leverage ratio.
- 8.5The Company is monitoring the trading conditions including but not limited to leverage ratio in order to prevent any abuse of its Negative Balance by any Client.
- 8.6 The Client accepts that the Company reserves the right, at any point in time, to cancel trades; make any necessary balance adjustment, after they were transmitted by the Client, in the event that the Firm determines/suspects at its sole discretion that the Client voluntarily and/or involuntarily abuses the "Negative Balance Protection", and/or any Bonus Incentives offered by the Company, by way of, but not limited to, hedging his/her exposure using his/her trading accounts, whether under the same profile or in connection with another Client(s); and/or requesting a withdrawal of funds. In the event of such cases the Company will nullify all trades and return to the Client his/her remaining balance.
- 8.7The Company reserves the right to amend, at any time, the product specifications of such financial instruments, available online the Company’s Website, in order to respond to a number of situations including but not limited to specific market conditions. The Client is liable for ensuring that he/she remains informed, at all times, regarding the latest product specifications.
9. Electronic Trading
- 9.1Once the Agreement commences, as described in the Commencement of the Terms and Conditions and the Right to Cancel section of the Agreement, the Client shall:
- 9.1.1Download and install the Trading Platform(s) software (the ‘Software’) available online on the Company’s Website and/or access his/her account through the Web- based trading platform (if applicable); and
- 9.1.2Receive, through an e-mail, access codes (the ‘Access Codes’) to enable him/her to log-in to the Online Trading Facility in order to send and/or modify instructions for the purposes of trading financial instruments.
- 9.2The Software, which may have been developed by a party other than the Company, supports data security protocols compatible with the protocols used by the Company.
- 9.3The Company is responsible for maintaining its Online Trading Facility and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Online Trading Facility or other related systems; these actions may cause the trading(s) or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to any of the above.
- 9.4The Client accepts that the Company is not an internet service or electricity provider; consequently, the former accepts that the Firm is not responsible for any failure to provide an investment or ancillary service, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Instruction sent by the Client or on the Client’s behalf via Company’s Online Trading Facility or by e-mail shall only be deemed to have been received and shall only then constitute a valid Instruction and/or binding Contract between the Client and the Company, when such Instruction has been recorded as executed by the Firm or on Firm’s behalf shall not by itself constitute a binding Contract between the Client and the Company.
- 9.5The Client accepts that when using Company’s Online Trading Facility, the Client must:
- 9.5.1ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Online Trading Facility;
- 9.5.2run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by the Company to the Client from time to time;
- 9.5.3carry out virus checks on a regular basis;
- 9.5.4inform the Company immediately of any unauthorized Transaction or Instruction which the Client knows of or suspect and, if within the Client’s control, cause such unauthorized use to cease; and
- 9.5.5not at any time leave the computer terminal from which the Client has accessed Company’s Online Trading Facility or let anyone else use such computer terminal until the Client has logged off from Company’s Online Trading Facility.
- 9.6The Client shall regularly consult the “Help” menus, User Guides or any other manuals provided via Company’s Online Trading Facility.
- 9.7The Client understands and agrees that the Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether or not, including negligence, breach of contract or otherwise, to any third-party software and/or technology providers whose products and services assist in providing the platform to the Client.
10. Trading Platform
- 10.1The Company enables Clients to trade CFDs via its Website ‘WebTrader’ (if applicable), the Meta Trader 5 Trading Platform (MT5), and/or Mobile (Android & iOS operating systems)
- 10.2The Client shall download and install the Trading Platform form the Company’s Website, and use it solely for the purpose of obtaining the services set out in the Agreement, all in accordance with and subject to the terms of this Agreement.
- 10.3The Company makes no express or implied representation:
- 10.3.1that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs and upgrades);
- 10.3.2as to the operation, quality or functionality of the Trading Platform;
- 10.3.3that the Trading Platform will be free of errors or defects; and
- 10.3.4that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to the Client’s data or other property.
- 10.4The Client agrees not to either intentionally, recklessly, negligently or otherwise:
- 10.4.1use the Trading Platform for unlawful purposes or in any manner that breaches the terms of this Agreement;
- 10.4.2interfere (nor attempt to) with or disrupt the proper operation of the Trading Platform, hardware, systems or networks, including (but not limited to) knowingly or negligently transmitting files that may contain malicious content capable of interfering in any way with the operation of the Trading Platform;
- 10.4.3take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded.
- 10.5From time to time, acting reasonably, the Company shall have the right to add to, modify, or remove any of the Trading Platform(s) without liability under this Agreement. The Client agrees to accept such modification(s) as part of this Agreement.
- 10.6The Client agrees that the Company shall have the right to perform Trading Platform routing maintenance and upgrades every Sunday between 19:00 and 20:30 server time (GMT+3), but not limited to, in emergency cases, with an expected downtime between 1 (one) to 20 (twenty) minutes. During the downtime the Client won’t be able to access the Trading Platform, open new positions, close existing positions, transfer funds, and/or any other related actions as specified in the Client’s secure members area, and the Client shall be solely responsible to ensure that he/she has sufficient margin to support his/her open positions during the downtime. The Company will not be responsible for any loss arising due to stop loss, stop-out, and/or any other type of order resulted by a market gap.
- 10.7MT5 password reset must be made from the FXGT Client Portal. Password changes via MT5 will be disabled by default.
11. Security, Authenticity and Access
- 11.1The Client shall be solely responsible for any instructions sent and/or received through the Online Trading Facility from the Client.
- 11.2The Client shall ensure that his/her Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either natural or legal person, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of these Terms and Conditions, the Client will be liable for all Transactions and/or Contracts executed by means of his/her Access Codes, even if such may be wrongful.
- 11.3The Client shall immediately inform the Company if it comes to his/her attention that the Access Codes have been used, either for trading or other purposes, without his/her express consent. The Client accepts that the Company is unable to identify any instances when a person, is logging-in to the Online Trading Facility without the Client’s express consent.
- 11.4The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa; such transmission may either occur through electronic means or other.
- 11.5The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Online Trading Facility if this has been caused:
- 11.5.1due to the Client’s failure to maintain the Software updated as required or
- 11.5.2due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Firm.
- 11.5.3Internet failure
- 11.6The Client accepts that the Company reserves the right to terminate Client’s access to the Online Trading Facility in order to ensure and/or restore the orderly operation of the Online Trading Facility and protect the interests of both the Clients and the Company; under such circumstances the Company may, at its discretion, close any of the Client’s Trading Account(s), in compliance with the Termination and Default section of the Agreement.
- 11.7The Client understands that the Company has the right to suspend his/her Account, if the Company, it its sole discretion, deems such action as necessary, in compliance with the Termination and Default section of the Agreement.
12. Instructions and Orders
- 12.1The Company shall accept instructions that have been transmitted by the Client only through the Online Trading Facility or other electronic means and manner accepted by the Firm.
- 12.2The Company is under no obligation to monitor Client’s trading or funding activity; therefore, the Company may execute an instruction received from the Client without any further inquiry even if such instruction is not in Client’s best interest.
- 12.3The Company, at its sole discretion may confirm instruction(s) received from the Client, if the Company deems that to be necessary, via any means.
- 12.4A Client may cancel Limit Order(s) and/or Pending Order(s) only before such Order(s) has been executed via MT5. Clients cannot cancel Limit Order(s) and/or Pending Order(s) when the relevant Market is closed. Client’s instructions might be cancelled only if the Company has not acted upon those instructions. The Company has no liability for any claims, losses, damages, costs or expenses, including legal fees, arising directly or indirectly out of the failure of such order to be cancelled.
- 12.5The Client accepts that once a Market Order(s) is/are placed, it/they cannot be revoked. The Client is aware that the Company is under no obligation to cancel Market Order.
13. Refusal to Execute Orders
- 13.1The Client accepts that the Company shall have the right, at any time, to refuse as its discretion the provision of any investment or ancillary service, including, but not limited to, the execution of instructions for the purpose of trading financial instrument(s), without providing notice to the Client.
- 13.2The Company shall refuse to execute order(s) if it has reasonable grounds to believe that the execution of a Client’s order may:
- 13.2.1affect the orderly function of the market
- 13.2.2constitutes an abusive exploitation of privileged confidential information
- 13.2.3contributes to the laundering of illegal funds
- 13.2.4affects in any manner the reliability or orderly operation of the Online Trading Facility
- 13.2.5the Client’s order related to the purchase of a financial instrument but there is insufficient free margin in the relevant trading account to cover such purchase and any applicable charges.
- 13.3The Company reserves the right to refuse the execution of pending order and/or modify the opening/closing price of an order if a technical or other error occurs.
- 13.4The Client accepts that if the Company was to refuse the execution of Client’s order(s), under the Refusal to Execute Orders section, the obligations of the Client under the Agreement shall remain unaffected.
14. General Trading Conditions
- 14.1Only the Client or the Authorized Representative is authorized to give instructions and Orders on the Account (in compliance with Instructions and Orders section of the Agreement).
- 14.2Market Hours
- The Client may trade through his/her trading account from Sunday 00.00 (GMT+3) until Friday 00.00 (GMT+3). During the daylight-saving hour’s period, trading time will be from Sunday 23:00 (GMT+3) until Friday 23:00 (GMT+3). It should be noted that trading of certain financial instruments occurs during specific time frames, which are provided on the Company’s website.
- 14.3.1Bid – Ask Spread: For any given Financial Instrument, the Company will quote two prices: the higher price ASK at which the Client can buy (go long) that Financial Instrument, and the lower price (BID) at which the Client can sell (go short) that Financial Instrument; collectively they are referred to as the Firm’s price. The difference between the lower and the higher price of a given Financial Instrument is the spread.
- 14.3.2The Client hereby agrees that the Company’s prices shall be the only relevant prices for the Client’s Orders and Transactions.
- 14.3.3The Client acknowledges and agrees that the Company is under no obligation to quote any specific price which is quoted in a specific Financial Market.
- 14.3.4Any references of the Client to prices of other trading or information systems or of other Clients shall be disregarded. The Company has the right at its sole discretion to increase or decrease spreads on Financial Instruments depending on market conditions and Client’s profile. The Client acknowledges that events such as changes in the Financial Markets, news announcements, political and economic events or periods of low liquidity may result in wider spreads. The Client acknowledges and agrees that Spreads may widen at any time and without prior notice and that there is no limit to how wide Spreads may be.
- 14.4.1The Company shall receive, execute and transmit all Orders strictly in accordance with the Trading Conditions. The Company will have no responsibility for checking the accuracy or the logic of any Order.
- 14.4.2The Company has the right to refuse to execute the order in compliance with the Refusal to Execute Orders section of the Agreement.
- 14.4.3Types of Orders
- 220.127.116.11A Market Order which is an order that the Company makes every effort to execute at the best available price. Generally, this order will be executed immediately, however, the price at which a market order will be executed is not guaranteed, and may be executed at a worse or better price, known as negative or positive slippage. The Client may attach a stop loss and/or a take profit and/or a trailing stop after the market order is executed.
- 18.104.22.168A Limit or Range Order which is an order to sell a financial instrument at no less than a specific price or buy a financial instrument at no more than a specific price. The Client may attach a stop loss and/or a take profit before the order is executed. In this case the order will be executed at the price specified or better. A trailing stop can be attached after the order is executed.
- 22.214.171.124A Pending Order or an Entry Order which is an order to be executed at a later time and a price that the Client specifies. When the price reaches the price specified by the Client, then the order becomes a market order. Negative and positive slippage applies to pending orders. The Client has the option to place the following pending or entry orders:
- 126.96.36.199A Trailing Stop Order which is a stop loss order set in terms of points (pips) level below the market price – for a long position and above the market price – for a short position. The trailing stop price is adjusted as the price fluctuates.
- 14.4.4Such orders as Buy Limit, Buy Stop and Stop Loss/ Take Profit for opened short positions are executed as ASK price. Such orders as Sell Limit, Sell Stop and Stop Loss/Take Profit for opened long position are executed at BID price. All orders once triggered are executed as Market Orders at the best available price.
- 14.5Size of Order:
- 14.5.1The size of an Order is expressed in lots. The minimum and the maximum order size may depend on the account type and/or asset class and/or particular financial instrument. The Company reserves the right to alter the minimum and/or maximum order size at any given time. A detailed information regarding available order sizes can be found on the Company’s Website.
- 14.6.1The Client is charged a spread (liquidity quoted prices plus a mark-up) and may be requiring paying swaps (overnight interest rate) or commission, if applicable, in some financial instruments depending on the account type. Commissions and Swaps are not incorporated in to the firm’s quoted prices, but charged separately. A detailed information regarding costs is provided in the Costs, Fees and Charges section of the Agreement.
- 14.7Upon closing a Transaction, and subject to any applicable adjustments for interest and dividends in accordance with this Agreement:
- 14.7.1a long Transaction and the Transaction’s closing price is higher than its opening price; or
- 14.7.2a short Transaction and the Transaction’s closing price is lower than its opening price; and
- 14.7.3a long Transaction and the Transaction’s closing price is lower than its opening price; or
- 14.7.4a short Transaction and the Transaction’s closing price is higher than its opening price.
- 14.8 Rollovers and Expiration Dates
- 14.8.1For certain CFDs, an expiry date may apply (Expiry Transaction). The Client acknowledges and agrees that the Company will have the right to close any Transaction and remove any pending orders, in its sole and absolute discretion without notice, if the Reference Instrument is a derivative financial instrument which may settle on expiry by a delivery other than in cash, at a reasonable period prior to the expiry date (the details of these dates are available at the Company’s website), as determined in the sole and absolute discretion of the Company (Usually on the expiry date). The Company will not be subject to any obligation to rollover any position which is subject to settlement on expiry. The price of an expiry transaction will be based on the current available market price, at the time the transaction is executed.
- 14.8.2The Client acknowledges that it is the Client's responsibility to make himself/herself aware in regard to CFDs expiry dates. Information regarding the expiry dates of CFDs is available on the Company’s Website.
- 14.9 Dividends
- 14.9.1In the event of a distribution of cash dividends in relation to a share CFD, a dividend adjustment will be made to the Client’s Balance with respect the underlying share’s Positions held by the Client at the end of business day which precedes the ex-dividend date. The dividend adjustment shall be calculated by the Company, based on the size of the dividend, the size of the Client’s position, taxation (if applicable) and whether it is a buy or a sell Transaction, whereby in long Positions the adjustment shall be credited to the Client’s Balance and in short positions the adjustment shall be debited from the Client’s Balance. Dividends shall be credited or debited from the Client’s Balance outside the underlying share’s trading hours and before and the opening of the share’s next trading day, and are contingent upon the Client holding his/her respective Position at the time of the dividend adjustment. During this period, in order to keep the fair value of the Client’s Equity until the opening of the next trading day, the Company shall adjust the Client’s Position in accordance with the dividend amount debited or credited from the Client’s Balance.
- 14.10 Margin Call
- 14.10.1A Margin Call occurs when the Account’s equity is about to drop below the margin requirement needed to maintain open Transaction(s). The Margin Call is set at the 80% equity-to-margin ratio. If the equity-to-margin ratio shall continue to drop, a Stop-out may occur.
- 14.11 Stop-out
- 14.11.1A stop-out Occurs when the account’s equity drops below the margin requirement needed to maintain open Transaction(s). If the equity continues to drop, reaching 50% equity-to-margin ratio, MT5 will automatically start closing open positions (starting with those with the highest losses) to prevent zeroing out of the account. The Client should note that a Stop-out may occur even if the Account is fully hedged. When an account is fully hedged, no margin requirement is needed, however the equity is affected by the floating PnL. If the spread widens, the floating PnL will increase. In this case, if floating PnL > equity, account will get stopped out.
- 14.12It is the Company’s policy that the Client's Equity in the Account will never fall below zero. In the event that a Position is closed at such price causing the Equity to fall below zero, the Company shall waive its right to receive the balance from the Client (Negative Balance Protection).
- 14.13Due to fast moving markets, all type of Orders as disclosed in the General Trading Conditions section of the Agreement will be executed at prices worse or better due to Negative or Positive Slippage, although the Company will take all reasonable steps to provide Clients the best available price. It is important to note that Slippage does not affect the Negative Balance Protection and therefore the Client will never lose more than the amount invested (including any profit, if gained), even if a slippage occurs. In addition, transactions in some currencies (e.g. RUB) or other instruments (e.g. shares, indices) which are not traded on a 24 hours basis, may experience a Market Gap on a daily basis and are therefore more susceptible to slippage.
- 14.14Market Gap
- The Client understands that a Market Gap may occur due to abnormal market conditions and/or as a result of the price difference between the closing and opening price. In case of a Market Gap, the Company shall execute all pending limit or stop orders at the first available market price for the corresponding position size.
- 14.15Shares CFD – Expiration
- 14.15.1Corporate Actions
- i) If a corporate action materializes, the Client accepts that the Company reserves the right to make appropriate adjustments to the value and/or size of a transaction and/or number of any related transactions; any such adjustment aims in preserving the economic equivalent of the rights and obligations of both the Client and the Firm immediately prior to a corporate action. It should be noted that these adjustments are conclusive and binding upon the Client; the Client will be informed accordingly by the Company as soon as reasonably practicable.
- ii) The Client accepts that if he/she has any open positions that are affected by the corporate action, on the ex-dividend day the Company reserves the right to close such positions at the last price of the previous trading day and open the equivalent position at the first available price on the ex-dividend day; under the above mentioned circumstances, the Company shall inform the Client accordingly, through the internal e- mailing system, no later than the closing of the trading session prior to the ex-dividend day.
- iii) The Company bears no responsibility for notifying the Client regarding announcement of corporate actions.
- iv) A client holding a long position on the ex-dividend date will receive the applicable dividend, in the form of a cash adjustment, deposited to the relevant account. A Client holding a short position on the ex-dividend date will be charged the applicable dividend, debited from the relevant trading’s account free equity. In the event a Client maintains a short position on the ex-dividend date and has insufficient free equity in their trading account to cover the reverse cash adjustment, the Company reserves the right to close the open position. Under such circumstances, the reverse cash adjustment shall be deduced from the trading account’s balance.
- v) The Client accepts the Company retains no requirements to notify a Client in the event a trading account maintains insufficient free equity to cover a reverse cash adjustment for a short position.
- vi) In the event of a stock split, the appropriate adjustment on the Client’s net position shall be reflected on the trading account in accordance with the announced stock split.
- vii) In the event of a share being de-listed, the Client’s position will be closed at the last traded market price.
- i) If at any time trading on a relevant Financial Market or trading in a certain Underlying Asset is suspended, the Company shall suspend the trading in the CFD Transactions based on such Underlying Asset and calculate the value of the CFD with reference to the last traded price before the time of suspension, as reasonably determined by the Company. In the event that the aforesaid suspension continues for five Business Days, the Company may decide, at its sole and absolute discretion, a Closing Time and price of the relevant CFD. During the term of a CFD Transaction whose market is suspended, the Company shall have the right to terminate the CFD Transaction at its discretion, and to amend or vary the requirements.
- 14.15.3Trading Termination
- i) If an Underlying Asset has ceased (or will cease) to be listed, traded or publicly quoted for any reason and is not immediately re-listed, re-traded or re-quoted on the relevant Financial Market or quotation system (including in the event of any insolvency of a company whose shares constitute an Underlying Asset), the Closing Time of the relevant CFD shall be a reasonable time prior to such time in which the Underlying Asset will cease to be listed, traded or publicly quoted and the Company shall close all the relevant Transactions at the Closing Time.
- i) If a company, whose shares form the CFD’s Underlying Asset goes into insolvency or is otherwise dissolved, the Company shall close any open Position in the CFD and cancel all Limit Orders relevant to such Underlying Asset. The closing date shall be the date of insolvency.
The Company shall provide the Client with an option to place, following order types:
i. A Buy Limit Order, which is a pending or entry buy order placed below the current market price. If the market price drops to the level of the buy order that order is then triggered.
ii. A Buy Stop Order, which is a pending or entry buy order placed above the current market price. If the market price rises to the level of the buy order that order is then triggered.
iii. A Sell Limit Order, which is a pending or entry sell order placed above the current market price. If the market price rises to the level of the sell order that order is then triggered.
iv. A Sell Stop Order, which is a pending or entry sell order placed below the current market price. If the market price drops to the level of the sell order that order is then triggered.
A) The Company will pay the Client the difference between the price in which the Transaction was opened and the price in which the Transaction was closed, multiplied by the number of units of the Underlying Instrument that comprise the Transaction if the Transaction is:
B) The Client will pay the Company the difference between the price in which the Transaction was opened and the price in which the Transaction was closed, multiplied by the number of units of the Underlying Instrument that comprise the Transaction if the Transaction is:
CFDs whose Underlying Assets are Shares are traded in conjunction with the times in which the underlying share is traded. Without derogating the provisions of the Agreement, Share CFD Transactions may be terminated by the Company upon the occurrence of such events as: Corporate Actions, Suspension, Trading Termination, extremely low liquidity and Insolvency. In such event, the settlement price shall be the last traded price at or prior to the time of termination.
15. Client Money
- 15.1The Company will exercise reasonable skill, care and diligence in the selection, appointment and periodic review of the institution where Client Money is deposited, in accordance with its legal obligations. The Company takes into account the credit rating of the institution prior depositing Client Money with the said institution. The Company takes reasonable steps to periodically monitor the credit risk of that institution. The Company may use multiple institutions to ensure diversification and allocate internal percentage limits for each institution. It should be noted, that segregated accounts(s) will be established, maintained and operated according to the applicable rules and regulations.
- 15.2The Client acknowledges and agrees that unless otherwise agreed in writing, any assets in the Client’s Account shall be held in an account or accounts maintained by, and in the name of, the Company and at the Bank Account/s of the Company’s choice and that the assets in the Client’s Account shall be commingled with the assets of other customers of the Company (omnibus accounts).
- 15.3The Company shall not be liable for any losses that the Client may incur due to insolvency or any other analogous proceedings or failure of the financial institute or payment service provider in which Client’s funds are held. The financial institution to which the Company will process Client money may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
- 15.4The Company is not obliged to pay any interest to the Client for the funds deposited. The Client hereby waives any entitlement to any such interest.
- 15.5Any monetary transfers shall only be given when Company’s system have debited and/or credited the funds to the relevant Account and the Company cannot guarantee how long this would take. The Company will use reasonable efforts to ensure such transfers, however the Company cannot be liable for any delays or other losses that may occur if, for instance, wrong or incomplete information has been provided.
- 15.6The Client Accepts that any funds shall be deposited into his/her Account on the Value Date, net of any transfer fees or other charges incurred by the Company by the institution (or intermediary) involved in the process, that holds the funds or otherwise occur. The Company shall not be held liable for any delay, where the cause of such delay is not within the control of the Company.
- 15.7The Client hereby irrevocably authorizes the Company to:
- i) Credit the Client’s Account for all deposits, realized Profits, dividends (in long Positions) and Overnight Financing;
- ii) Debit the Client’s Account for all withdrawals, realized losses, dividends (in short positions) and Overnight Financing and Fees; and
- iii) Make any other adjustment in the Client’s Account as the Company may deem necessary in its sole discretion, acting reasonably and in accordance with the terms of this Agreement.
- 15.8.1 All deposits shall be made in accordance with Payment instructions set forth on the Company’s Website.
- 15.8.2 The Client acknowledges that the Company cannot be held liable for how many days it takes from the sending bank, or other financial institution, or third-party payment solution providers, to send funds to the Company and the time the Company shall receive the funds.
- 15.8.3 Third-Party Deposits
- i) The Company accepts no deposits from any Third-Parties. Payments can be made from bank accounts and/or credit/debit cards and/or e-Wallets registered under a name that matches the name of the owner of the Trading Account registered with the Company.
- i) the Company reserves the right to immediately send the money back to the same source, via the same payment method and remitter used to conduct the initial deposit.
- ii) The Client acknowledges and agrees that the Company cannot be held liable for any loss, damage or expense of any kind which the Client may suffer as a result of such cases.
- 15.8.4 It is required that any Client depositing funds using a specific credit card for the first time, agrees to provide a copy of the front side showing the full name, matching with the client’s account name, the issuing bank, and the last four (4) digits of the Credit Card number (the rest of the number should be hidden). And on the back side showing the signature with the CVC2/CVV2 hidden. Failing to do so within 48 hours after the first transaction is completed, we reserve the right, at our sole discretion, to take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. Under these circumstances, we reserve the right to seize any profits and/or revenues generated directly or indirectly by exercising any such prohibited trading activity and we shall be entitled to inform any interested third parties of your breach of this clause; any active orders associated with the same fraudulent credit card and/or Account will also be cancelled immediately; we have, and will continue to develop any tools necessary to identify credit/debit card fraud; any dispute arising from such fraudulent activity will be resolved by us in our sole and absolute discretion, in the manner we deem to be the fairest to all concerned; that decision shall be final and/or binding on all participants; no correspondence will be entered into.
- 15.9Refunds and Withdrawals
- 15.9.1The Client agrees that all refunds and withdrawals shall be processed to the same source, via the same payment method and remitter used to conduct the initial deposit, however if the payment method used initially by the Client to make a deposit is no longer in use, the Company reserves the right to request additional documentation and information from the Client in order to proceed with the said refund or withdrawal.
- i) If the initial deposit has been made via credit/debit card which has been since cancelled by the Client (or the payment card issuer), the Company will request the Client to provide a document issued by the bank confirming that a card has been cancelled and a bank statement or bank account ownership confirmation, showing details of a bank account that shall be used for the requested refund or withdrawal of funds.
- ii) If the initial deposit has originated from a bank account which has been since closed by the Client, the Company will request the Client to provide a document issued by the bank confirming that this bank account has been closed and a new bank statement or new bank account ownership confirmation, showing details of a bank account that shall be used for the requested refund or withdrawal of funds.
- 15.9.2The Client agrees that he/she is solely responsible for the payment details he/she is providing us with and the Company does not accept any responsibility for Client’s funds, if the payment details provided by the Client are incorrect or incomplete.
- i) Refunds are available to Clients who deposited funds in their Trading Account(s) but has not open any transaction yet. In such case a client may be refunded regardless whether or not he/she has provided the Company with all the necessary Verification Documents.
- i) Eligible Client shall contact the Company (contact details are provided on the Company’s Website) and request the initiation of the refund procedure in writing via e- mail. The Client shall use only his/her registered e-mail address when requesting a refund.
- ii) Client’s funds shall be returned to the same source, via the same payment method and remitter used to conduct the initial deposit, however if for whatever reason, the Company will not be able to proceed with such payment, the Company reserve the right to transmit the funds via an alternative payment method approved, verified and/or suggested by the Company, at its sole discretion.
- iii) The Client who is eligible for a refund is not required to provide the Company with Verification Documents, however certain payment providers may not provide the Company with all the necessary information regarding the origin of funds and in such cases, in order to proceed with the refund, the Company shall request a bank transfer confirmation from the Client.
- iv) The Client understands and agrees that certain payment providers do not provide the Company with all the necessary information regarding the origin of funds and in such cases, in order to proceed with the refund, the Company shall request additional documents from the Client (i.e. Proof of Deposit in the form of a bank transfer confirmation, which will indicate the details of the bank account used for the initial deposit)
- 15.10.3Time Restrains
- i) Upon receiving a request from the Client, the Company shall proceed with the payment of a specified amount within the same day or depending on the time the refund request has been received the latest the next working day (however, the time needed for the funds to reach the Client may vary, depending on Client’s selected payment method). However, if the source of funds is not clear to the Company, the Company shall request additional documents for the Client, which may significantly delay the refund process.
- i) have deposited funds in their trading account and
- ii) have provided the Company with all the required Verification Documents to the Company’s satisfaction and their Trading Account status is ‘verified’, and
- iii) have all their required Verification Documents up-to-date, and
- iv) have no open Transaction(s) in the Trading Account they wish to withdraw the money from or have open Transaction(s) but will have at least 100% margin remaining in the Account after the requested amount will be withdrawn.
- i) Eligible Client shall place a withdrawal request via his/her Member’s Area.
- ii) Client’s funds shall be returned to the same source, via the same payment method and remitter used to conduct the initial deposit, however if for whatever reason, the Company will not be able to proceed with such payment, the Company reserves the right to suggest and/or request additional payment method from the Client.
- iii) The Client understands and agrees that if the Client has used multiple sources to deposit funds, the Company may have to use more than one of those sources to send the requested amount back to the Client. In such case the requested withdrawal amount may be split and send back in separate transactions to separate sources used by the Client when funding his/her Trading Account.
- iv) The Client understands and agrees that:
- 15.11.3Time Restrains
- Upon receiving Client’s request, the Company shall proceed with the payment of a specified amount within the same day or depending on the time the withdrawal request has been received the latest the next working day (however, the time needed for the funds to reach the Client may vary, depending on Client’s selected payment method). However, if any of Client’s documents are not up-to-date, the Company shall request new, updated version of such document(s), which may significantly delay the withdrawal process.
- 15.12Chargeback Policy
- 15.12.1In the event of a chargeback placed by you with your credit card Company (done intentionally or by mistake) for any deposit made by you in your Company’s account, we reserve the right to block your account and then a thorough investigation will be carried out on behalf of the Company to determine the legitimacy of the chargeback. The blocked amount will only be released if the chargeback is found to be valid.
- 15.12.2We do not tolerate credit card fraud, and all fraud, without exception, will be prosecuted through criminal proceedings in your local jurisdiction to the fullest extent of the law. In addition, we will pursue civil legal action in your local jurisdiction seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
- 15.12.3We employ advanced risk modelling to detect fraudulent transaction clues across our Services. Fraudulent transactions are immediately cancelled after being detected. Any active Orders associated with the same fraudulent credit card will also be cancelled immediately. We also actively leverage external, cross-industry resources --such as worldwide fraud blacklists --to prevent fraudulent users from accessing our Online Trading Facility in the first place.
- 15.12.4We consider credit card charge backs to be fraudulent if you make no reasonable effort to work with us to resolve any problems with your deposit. All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but also cost us money, therefore:
- i) If we determine that a deposit is high-risk or does not comply with our Compliance and risk Policies, the deposit will immediately be cancelled and the funds will immediately be refunded to the credit card from which the deposit was initially made. Furthermore, in such instances, we reserve the right, at our sole discretion, to close any and all of your Account(s) with us immediately. Any active Orders associated with the same fraudulent credit card and/or Account will also be cancelled immediately.
- ii) You agree that if you choose to do business with us and you file a chargeback with your credit card company, we initially follow an investigation to determine the legitimacy of your chargeback and in the event, that you win the charge back argument, we will unblock the said amount the soonest possible. In the event that you do not win the charge back argument, you agree to charge the blocked amount of USD150 to your credit card, which will represent the “research and administrative processing fee” for our time responding to the matter. You hereby authorize us to charge this amount to your credit card. If this charge is rejected, we will pursue legal action to recoup losses for our time associated with responding to the charge back in addition to any other fees explained above. You agree to reimburse us or any Representative we may appoint for any legal expenses your actions may make us incur.
- iii) Furthermore, in such instances, we reserve the right, at our sole discretion, to take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. Under these circumstances, we reserve the right to seize any profits and/or revenues generated directly or indirectly by exercising any such prohibited trading activity and we shall be entitled to inform any Interested third parties of your breach of this clause; any active Orders associated with the same fraudulent credit card and/or Account will also be cancelled immediately; we have, and will continue to develop any tools necessary to identify credit/debit card fraud; any dispute arising from such fraudulent activity will be resolved by us in our sole and absolute discretion, in the manner we deem to be the fairest to all concerned; that decision shall be final and/or binding on all participants; no correspondence will be entered into.
In case of Third-Party Deposits:
Withdrawals are available to Clients who:
funds considered as initial deposit shall be returned to the same source, via the same payment method and remitter used to conduct the initial deposit, however if for whatever reason, the Company will not be able to proceed with such payment, the Company reserve the right to transmit the funds via an alternative payment method approved, verified and/or suggested by the Company, at its sole discretion.
funds considered as generated profit, shall be returned separately into Client’s bank account, regardless whether such bank account has been previously used by the Client for depositing funds to the Company or not. In such case, the Company shall request additional information from the Client (i.e. details of bank account in Client’s name) before proceeding with the withdrawal of profits.
16. Costs, Fees and Charges
- 16.1Prior to trading, the Client needs to consider applicable costs, fees and charges. The Client is solely responsible for requesting clarification from the Company in relation to the above, if necessary.
- 16.2The Client should note that not all charges are represented in monetary terms and may appear, for instance, in pips or points. For that reason, the Client needs to ensure that he/she understands the cost that the pip/points amount to.
- 16.3The Company reserves the right to change, from time to time, any of the costs, fees and charges applicable to Clients when trading financial instruments without prior notice.
- 16.4The Client agrees that any applicable charges shall be deducted from his/her trading Account.
- 16.5Certain providers may charge liquidity/conversion fees that we have no control.
- 16.6The provision of services by the Company is subject to the payment of costs, fees etc. (the Costs). In addition to those Costs, other costs may be due by Clients directly to third parties. Changes to its costs will be notified to Clients by the Company through the website. In case of changes to fees of the Company, the Client may, within a period of 30 days from the notification, terminate the relationship with the Company.
- 16.7Spread and mark-up
- 16.7.1Spread, a difference between the BUY and the SELL price, varies between different financial instruments; its size depends on the type of the Account Type held by the Client and market conditions.
- 16.7.2The Client understands that the Company offers floating spread that may, without any notice, widen at any time.
- 16.7.3The applicable Spreads (which include Company’s mark-up, if applicable) can be found on the Company’s Website.
- 16.8.1The Company charges the Commission only on the FXGT Pro account type. The Commission scheme can be found in the Company’s website under Trading Accounts.
- 16.9Overnight Financing – Swaps
- 16.9.1The swap is the interest added or deducted for holding an open position over night.
- 16.9.2Swaps are charged in the form of points (points), percentage terms or monetary terms depending on the financial instrument, which are based on market interest rates, which may vary from time to time. Swap charges can be found in the Company’s website.
- 16.9.3Depending on the position held and the interest rate of the currency involved in the Transaction, the Client may be either credited or debited with financing.
- 16.9.4The Company has the right to change the swap rates at any given time without any notice.
- 16.9.5Swaps can be viewed in the MT5 terminal.
- 16.9.6Triple swaps apply of Wednesdays or Fridays (depending on the instrument traded – details are provided on the Companies’ Website).
- 16.9.7During times where swaps are charged, Clients may experience slight delay in execution and/or significant slippage.
- 16.10Dormant Fees
- 16.10.1In the event that there is no activity (trading /withdrawals / deposits) in Client’s trading account(s) for a continuous period of 90 (ninety) calendar days, such trading account will be considered to be dormant. An Account is considered dormant on the last day of the 90 (ninety) day period any remaining credit lines will be automatically removed from the Dormant Account. Any pending orders may also be deleted.
- 16.10.2Dormant Accounts will be charged with a monthly dormant fee of USD 10 (or the equivalent in the Account Currency) or the full amount of the free balance if the balance is less than USD 10. There will be no fee if the free balance is in the Account is zero.
- 16.10.3The Client who under one user name has more than one Trading Account, will be charged a dormant fee on each account separately, if relevant accounts are considered to be dormant.
- 16.11Transfer Fees
- 16.11.1Commission might be charged by certain payment providers, however under no circumstance the commission for deposit(s) or a withdrawal(s) is charged by the Company, unless the Company decides to cover such expenses. Such actions will be announced in the company’s website.
- 16.11.2Information regarding the commission charged by the payment providers can be found on the Company’s Website.
- 17.1The Client should take the risk that his trades in Financial Instruments may be or become subject to tax and/or any other duty for example because of changes in legislation or his personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Client should be responsible for any Taxes and/or any other duty which may accrue in respect of his trades.
- 17.2In the event that a taxation occurs as a result of any regulatory or legal obligation which may oblige the Company to make any payments and/or withhold any amounts for taxation purpose, then the Company reserves the right to deduct such amounts of any such payment(s) from any of the account(s) belonging to the Client or request that you reimburse the Company accordingly.
- 17.3The Client understands and accepts that the tax treatment and/or any disclosures and/or any withholdings may vary depending on Client’s jurisdiction.
18. Communication and Record Keeping
- 18.1Unless specifically instructed otherwise any notice, instruction, request or other communication shall be given by the Client to the Company via the registered e-mail of the Client, by telephone (so long as the Company is able to identify the Client) or in writing to the registered address of the Company, or as specifically stated herein. All contact details can be found at the Company’s Website.
- 18.2The Client acknowledges that the Company’s official language is the English language. Any translated version of the Agreement and/or any other agreement and any legal document and the content of the Company’s Website and any other communication, may be provided solely for the convenience purposes. In the event of a dispute, the respective English version shall prevail.
- 18.3The Company may contact the Client via e-mail (send to Client’s registered e-mail address), telephone, post (if the Company in its sole discretion deems it as necessary) or by portraying a message in Clients Members Area and/or Trading Platform (‘Online Trading Facility’).
- 18.4The Client agrees that he/she is fully responsible for reading any messages received from the Company on his/her Online Trading Facility or via any other means.
- 18.5The Company bears no liability for any loss that arises as a result of delayed or unreceived communication sent to the Client by the Firm.
- 18.6The Client if fully responsible for the privacy of any information received form the Company.
- 18.7The Client hereby authorizes the Company to contact him/her directly and/or indirectly.
- 18.8The content of all incoming and outgoing telephone calls (Telephone Records) between the Client and the Company is recorded and saved. The Client agrees that the Company has the right to use Telephone Records as it deems necessary, including but not limited to instances when a dispute arises between the Client and the Firm.
- 18.9The Company may provide copies of Telephone Recordings to a regulatory authority and/or other authority of a competent authority, without informing the Client. The Company shall have no obligation to provide any such copy to the Client.
- 18.10The Client agrees that the Company will also record any other communication between the Client and the Firm, in any form, including e-mails and chat messages.
- 18.11The Client is obliged to keep any information with regards to his/her relationship with the Company confidential at all times.
19. Confidentiality and Data Protection
- 19.3All informational material collected on this website is held by the Company in the strictest confidence. The Company considers one of its highest priorities to be the privacy and integrity of the personal information of its Clients, and devotes the maximum amount of attention to keeping the said information safely stored as well as used appropriately and only with the required authorization. Any and all of the information that is received from the Client is handled with care and an appropriate level of confidentiality.
- 19.4By entering this Agreement, the Client herby provides his/her consent to collect, process and/or otherwise deal with all data provided by the Client including any data which is considered sensitive without any further requirement to consent.
- 19.5Prior to entering into the Agreement, the potential Client receives the right to object to the disclosure of personal data. If the Client does not consent to the disclosure of personal data, the Company reserves the right to refuse entry into the Agreement and/or any other Agreement and/or the provision of the services to the potential Client.
- 19.6The Client may at any time withdraw his/her consent, nonetheless the Client understands and accepts that if he/she chooses to withdraw his/her consent, the Company shall have the right to immediately terminate the Agreement and/or services provided. Such request shall be provided to the Company in writing via Client’s registered e-mail address.
- 19.7The Company shall use reasonable endeavors to keep Client’s personal data safe; nonetheless, transmission of information via the Internet and/or technology systems is not always completely secure. Any transmission of the Client’s data shall be at Client’s own risk and the Company shall have no liability whatsoever.
- 19.8The Client understands and accepts that the Company will keep any and all information belonging and/or relation to the Client in accordance with any applicable statutory minimum.
20. Acknowledgments of Risks
- 20.1Trading carries a significant risk to Client’s investment and may not be suitable for all investors.
- 20.2The Company does not and cannot guarantee the initial capital of the Clients’ portfolio or its value at any time or any money invested in any financial instrument. The Client should unreservedly acknowledge and accept that, regardless of any information which may be offered by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.
- 20.3The Client should unreservedly acknowledge and accept that he/she runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and the Client hereby accepts and declares that he/she is willing to undertake this risk.
- 20.4The Client should not engage in any investment directly or indirectly in Financial Instruments unless he/she knows and understands the feature risks involved for each one of the Financial Instruments.
- 20.5If the Client is in any doubt as to the suitability of any investment he/she should seek independent expert advice.
- 20.6The Company will take all measures possible to ensure that the information contained within the Company’s Website is as accurate as possible, however, the Company does not guarantee that the information contained on the Company’s Website is free of errors and as such all material contained on the Company’s Website is provided for informational purposes only and not as an investment objective/ advice. The Company advices that the Client shall seek independent advice, before acting on any of the information contained within the Company’s Website.
- 20.7The Company will not be responsible for any loss arising from any investment that may have been based on any recommendation, forecast, or other information contained within the Company’s Website. The Firm shall not bear liability to any subscriber, Client, partner, supplier, counterparty or third party for the information supplied through this site, nor for any discontinuance of the service. The Company does not bear responsibility for the content of any website, be it linked to the Company’s Website or not, nor for any consequences incurred by acting on information of such said website(s). Consulting the Company’s Website does not make you a Client of the Company and no entity of the Company or person related to the Company shall have any duty or incur any liability or responsibility towards you as a result of you consulting the Company’s Website.
- 20.8The Client declares that he/she has read and understands and unreservedly accepts the following:
- 20.8.1Information of the previous performance of a Financial Instrument does not guarantee its current or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.
- 20.8.2When a Financial Instrument is traded in a currency other than the currency of the Client’s country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.
- 20.8.3A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.
- 20.9The Client acknowledges and accepts that there may be other risks which are not contained in this section of the Agreement.
- 20.10The Company is obliged to reveal and explain risks involved in trading complex financial instruments, such as CFDs and provide the Client with a Risk Disclosure Notice.
- 20.11The Risk Disclosure Notice forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Company, the Client is also agreeing to the terms of the Risk Disclosure Notice.
21. Affiliates Compensation Plan
- 21.1The Affiliate’s compensation is calculated and awarded subject to the terms provided in in Table A herein, as these may be amended from time to time at the Company’s absolute and sole discretion by giving at least 3 (three) business days prior written notice by e-mail to the Affiliate or by announcement on any of the Company site or the Company site or within the Affiliate Portal. Compensation will be paid monthly in arrears, subject to satisfactory verification (where relevant), the terms and the Affiliate’s plan and this section.