Clients should read and understand these terms and conditions thoroughly prior to completing the registration process (or installing any proprietary software).
The English version of this document is the default and therefore will be considered the most accurate version if any translation is found to be in conflict with the English wording.
Date of Last Revision: July 27, 2017
1. GENERAL TERMINOLOGY
1.1. This Agreement is executed by and between Wilkins Enterprises OU with registered address Roosikrantsi tn 2-K326, Keslinna city district, Tallinn, Harju county, 10119; operational address 85 James Bouchier Blvd., Sofia, Bulgaria. (The “Company”), and the Client, a physical or legal person (the “Client”). The Company owns and operates the site. Payment clearing and billing services are provided by Wilkins Enterprises OU and by GM MANAGEMENT DOO PODGORICA.
1.2 Orders through the www.WilkinsFinance.com will appear on your billing statement as: WilkinsFinance.com +44-2038-682-837
1.3 Our website is available globally to anyone with Internet access. All access and use of our site, regardless of location, is subject to these Terms & Conditions. You confirm your agreement to this document by your continued use of our website and services and affirm that you have read this Agreement and any addenda fully and hereby accept to conduct yourself in accordance with its Privacy Statement and Terms & Conditions. Discontinue use of this site immediately if you do not agree with these policies.
1.4 The Company may amend or update the terms of this Agreement occasionally based on the needs of its activity and in its sole discretion, so long as the accurate and current version of the form shall remain accessible to you via publication on the Company’s Web site. Changes shall take effect upon the date upon which such amended terms have been uploaded to the site, and you acknowledge and accept this fact. Visitors remain responsible for verifying whether the Agreement was amended. All amendments to this document are in full force as of the day when this document was published on the Site. If you do not agree to be bound by the changes to the Terms & Conditions of this Agreement, do not use or access our Services, and inform us in writing immediately. Your use of our web site signifies your acceptance of any amended terms, guidelines, or policies as per the Date of Last Revision of our Terms & Conditions at the time of the visit.
1.5 Your rights and/or obligations under this Agreement are not transferable to any third party.
2. AGREEMENT TERMS DEFINED
We define the following terms included in this Agreement as ascribed with the meanings next to them unless otherwise stated in this Agreement:
2.1 “System” shall mean the electronic services used to facilitate online trading in Financial Contracts using the Wilkins Finance trading platform to the full terms of this Agreement and including the terms of the Trading Manual (as defined below) which serves as an integral part of the Agreement;
2.2 “Financial Contract” or “Contract” shall mean a contract to buy and sell Online Trading or other financial products that the Company may offer through the System from time to time to its clients;
2.3 “Online Trading” shall mean a trade which offers a preset fixed return on investment at the opening of the Contract;
2.4 “Contract Price” shall mean the asset rates presented by the System and based upon “indicative” rates extended through our various financial information systems in terms of the current updated rates for contracts for the specific instrument on the financial markets;
2.5 “Markets” shall mean any international markets dealing in finance, commodities, or other applicable instruments, with contract rates fixed upon free trade, and where various financial assets are traded;
2.6 “Business Day” shall mean one calendar day starting at 00:00 and going through 23:59 GMT;
2.7 “Order” shall mean the buying and selling of a Financial Contract at a fixed price;
2.8 “Closing” shall mean an order conducted to close an open position (for example, the sale of a financial contract previously purchased or vice versa) at a sum or for an amount identical to the initial order which was initiated on the same Business Day;
2.9 “Collateral” shall mean the original sum deposited with the Company by you after deducting any losses or withdrawals, and adding any profits derived from your Orders;
3. ELIGIBILITY FOR MEMBERSHIP
3.1 The Company System is only available for use by individuals or companies who can legally enter into binding contracts within the scope of applicable laws in their country of residence. By registering as a commercial entity, you declare that you have been given the mandated authority to make that entity a party to this Agreement.
3.2 Persons under the age of 18, or under the minimum mandated age of majority in your country of residence (“Minors”), or who are unable to execute legally binding contracts under laws of their country of residence for any reason, are unable to use the services of the Company. If you are a minor, you are not eligible to use this service. To clear any doubts in regards to those individuals who have not reached the age of majority, the Company avers liability for any use of its Services by Minors, and views this as unauthorized in any way or manner.
3.3 Furthermore, as this is a high-risk investment, only individuals with enough experience and background in financial matters are held to be capable of evaluating the merits and risks of acquiring financial contracts via this site. Only those persons who are capable of ascertaining their suitability without relying on any information contained on this site are eligible to use our services. The Company expresses clearly that we have no obligation to confirm and/or investigate whether you possess such adequate knowledge and/or background, nor shall we be held responsible for any losses or damages suffered by you as a result of lacking mandated awareness and/or knowledge. Without deviating from the provision mentioned above, we deny any liability for verifying and/or inspecting your level of skill and/or expertise, and any accountability for damages and/or harm suffered either directly or indirectly from your use of the Site.
3.4 Our System is open for use to residents of most countries around the world except those included in the following list: Iran, Yemen, Syria, France, Turkey, North-Korea, and Israel. We are unable to provide our products and services for use directly or indirectly to individuals in the countries listed above. As such, residents of the countries listed above are banned from applying for accounts with our Company.
3.5 The Company reserves the right to refuse and/or cancel access to its Services to any individual irrespective of the information given above for its sole convenience.
3.6 Individuals are eligible for only one account. Any accounts opened under a false name or as an additional account opened by the same person are not eligible for trading and will not be able to qualify for profits or bonuses.
4. RESTRICTIONS ON TRADING
4.1 The laws regarding trading Financial Contracts vary throughout the world, and you acknowledge that it is your sole liability to comply fully with all relevant laws, regulations or directives, in regards to the use of the Website and/or the System within your country of residency.
4.2 For full disclosure, while you may have access to the Company’s Web site, this does not necessarily entail that the Services and your trading activities are considered to be legal under the laws, regulations, or directives of your country of residence.
4.3 By applying for an account, you hereby confirm that you have conducted the necessary inquiries and that there are no legal constraints barring you from using the System as described in this Agreement or from executing orders. It is important to understand that the Services cannot be used in those places where they are illegal, and the Company can refuse to provide services, and/or may cancel Services, in whole or in part, to any person at any time, using its own discretion with or without cause, for any reason, which includes if the Company discovers that you are conducting activities which are not approved under the laws of your place of residence.
4.4 Only you have the duty to report activities conducted through your account to any applicable tax or other authority if this is mandated by any applicable laws related to you or to your place of residence. Additionally, only you are accountable to pay any applicable taxes, levies, governmental fees and charges that accrue due to the activities of your account. This includes calculating any mandated deductions at source. You agree to waive any claim against the Company in this regards to this issue.
5. RISK DISCLOSURE:
5.1 FINANCIAL ORDERS OF THE NATURE OF THE ORDERS COVERED AND DESCRIBED THROUGHOUT THIS AGREEMENT SHOULD ALWAYS BE CONSIDERED HIGH-RISK FINANCIAL ACTIVITIES. The Client confirms that he fully understands that market prices may change over even short time periods and these fluctuations may result in high profits or losses. This System is only appropriate for experienced individuals who are able to manage losses up to and including a total forfeiture of all invested money and/or securities. You are responsible for careful consideration whether this type of order suits you and your purposes, by evaluating your resources, including your personal circumstances and a full recognition of the implications surrounding your trading activity. AS THE RISK OF LOSS OF PART OR ALL OF THE INVESTED FUNDS IN THE SHORT TERM IS HIGH, INDIVIDUALS SHOULD ONLY USE FUNDS DESIGNATED BY YOU AS APPROPRIATE FOR HIGH-RISK SPECULATIVE ORDERS, AND ARE ENCOURAGED TO SOLICIT ADVICE FROM AN INDEPENDENT FINANCIAL ADVISER IN CASE OF DOUBTS.
6.1 After approval of this Agreement, the Company shall create a System account under your name and ownership, based on the relevant details provided by you during the application process, and amended from time to time for accuracy, when mandated by the Company. It is your liability to verify that all information provided to the Company is complete, factual, and accurate. In the event that you are discovered to have given misleading information, this may be regarded as an actionable offense and shall result in immediate suspension of the activities in your account or lead to its immediate closure.
6.2 You confirm your acceptance that once we have completed the verification of your identity via the process used by the Company, we are then mandated to report you as a beneficiary of the applicable holding account established by the financial institution which the Company relies upon to store Collateral funds belonging to you, in those amounts which add up to the total balance recorded in your account at the System, and that we may also send the financial services company those identification details provided to us by yourself.
6.3 Once your account is created, the Company shall create a confidential personal identification code for you (hereafter referred to as the “Access Code”) which you can use to access your account via the Internet. You hereby affirm that it is fully your liability to safeguard the Access Code and you agree to waive any and all claims against the Company relating to any use of this Access Code in an unauthorized manner.
7. RECORD KEEPING & RECORDINGS
7.1 You agree that The Company may record every telephone conversation or can select an authorized party to do so on its behalf. However, there remains no obligation for any conversations to be recorded by the Company.
7.2 The Company shall keep copies of every written order received from you or may elect to contract with an authorized party to perform this service on its behalf for a period to be determined at the sole discretion of the Company. In addition, the Company or authorized party acting on its behalf will keep records of all your orders.
7.3 Any records and/or recordings created on behalf of the Company may be used by for any purpose the Company sees fit, extending to the resolution of conflicts between the Parties which might occur.
7.4 Any records and/or recordings created on behalf of the Company remain the sole property of the Company and their existence does not create an obligation to deliver or share such material with anyone. Furthermore, if at any point in time the Company is mandated to supply a copy of such recordings or is ordered to provide documentation regarding your account, at the behest of strict instructions from a competent legal or regulatory authority, you shall bear the full cost associated with duplicating and/or copying of such records and/or documents in accordance with the Company official price list for such services in force at that time.
8. LICENSE RESTRICTIONS
8.1 Your use of this site depends upon the issuance of a limited non-exclusive, non-transferable license which The Company grants you to access and use our Site (the “License”). This license is always subject to your compliance with all terms of this Agreement. As a condition of receipt, you agree not to resell your access or provide entrance to the Site to other individuals, and to refrain from copying any content contained on the Site for resale or for any other purpose without obtaining the prior consent of the Company in writing. You will be held fully liable for any unauthorized use of the Site resulting from the breach of this section.
8.2 The license in this Agreement granted to you by the Company to use this Software remains in effect only for so long as this Agreement also remains in full force and effect. This includes any amendments to the Agreement which may replace the original from time to time. Ownership shall be held at all times by the Company of any Software, Documentation, or intellectual property rights included therein. All use of the Company’s Software by any person, business, corporation, government organization not expressly granted authorization or by any other such entity is considered forbidden and constitutes a breach of this Agreement.
8.3 You agree not to employ any means of electronic communication included as a feature of a Service on the Site for actions which could be construed as illegal, obscene, abusive, threatening, intrusive, or hateful and agree to refrain from harassment or vilification of other individuals while using the site.
9. INTELLECTUAL RIGHTS
9.1 The Company or authorized third parties, including our licensors, retain ownership of this Website, system program, and Documentation. These ownership rights may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbols related to copyright, database rights, trademarks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party.
9.2 You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the system program or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the system program, nor shall you attempt to create the source code from the object code for the system program. You may transfer the system program to other computers that you own, as long as you only use it on one computer at a time.
9.3 All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the system program or Documentation.
9.4 You agree to use the information received from the information systems of the Company for the sole purpose of executing Orders inside and within the Company’s Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
10. THIRD PARTY HYPERLINKS
10.1 The Company may offer a link to other websites that are provided or controlled by third parties. Such link to a site or sites is neither an endorsement or an approval nor a sponsorship or an affiliation to such site, its owners or its suppliers.
10.2 We strongly caution you and recommend that you make sure you understand the risks associated with the use of such sites before retrieving, using or purchasing via the Internet. Links to these sites are provided solely for your convenience and you agree not to hold the Company responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.
11. KNOW YOUR CLIENT (“KYC”) & ANTI-MONEY LAUNDERING (“AML”) POLICIES
11.1 Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources. Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. The Company does not tolerate money laundering and supports the fight against money launderers. In order to protect itself and its clients, the Company follows the guidelines set by the UK’s Joint Money Laundering Steering Group in an effort to combat money laundering and terrorist financing.
11.2 You hereby declare that all funds to be deposited in your account are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drug trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
11.3 In order to enforce its Anti-Fraud and Anti-Money Laundering policies, the Company has set a variety of security measures and fraud controls that require us to fully our Clients’ identity in order to deter, detect and report potentially suspicious activity. In particular, you are mandated to provide our compliance department via the following email [email protected] the following documents when you deposit funds into your Trading Account (“Mandated Documents”):
(I). A clear color copy of your valid passport with the signature page or, a clear color copy or digital photo (back and front) of a valid ID card where all corners of the document are visible.
(II). A clear color copy of the front and back side of the credit card(s) you are using to fund your account. The name of the cardholder must match the name on your passport/ID card. Please cover all but the first 6 and the last 4 digits on the front side of your card; Please cover the 3 (4) digit CVV number on the backside of your card.
(III). A copy of a utility bill (electricity bill, phone bill etc.) or a bank account statement with your name and address no more than 3 months.
(IV). A signed declaration of deposit that contains the history of your online deposits on the System.
11.4 We require the receipt of all the above-mentioned documents prior to making any cash orders to your benefit. Some circumstances may require us to request these documents before allowing any other activities in your account, such as deposits or trades. If you do not provide us with the mandated documents, your pending withdrawals will not be processed. We will notify you about such events via our system.
11.5 The Company may, from time to time, at its sole discretion, require you to provide additional and/or updated proof of identity (such as notarized copy of passport or other means of identity verification as the Company deems mandated under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
11.6 The Company directs funds withdrawals back to the original source of remittance, as a preventative measure.
11.7 Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be frozen and forfeited.
12. MANAGEMENT OF DEPOSITS
12.1 The execution of any Order in the account is subject to the deposit of the Collateral by you to an account designated by the Company, to be used as collateral for the Orders described herein. The Company shall not allow you to execute any Order without the said deposit and/or in the event that the Collateral is insufficient for the execution of a said Order, subject to the Company’s policy from time to time. To remove any issues, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading.
12.2 For the purpose of clarity, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf. Such monies are solely used as collateral for your orders in the System.
12.3 The Company shall have all rights and authority with respect to the Collateral until its withdrawal by you. In particular, the Company may deposit such funds with any financial institution including but not limited to such funds being used as collateral for your Orders.
12.4 In the event that an Order shall take place and for some reason there shall be no sufficient Collateral in your account, the Company shall have the right to decrease your exposure in the said Order and/or approach you to rectify such mandated Collateral and/or demand from you payment in full for any deficiency which has occurred by your Order which was not covered by sufficient Collateral. It is hereby expressly stated, that the above- mentioned right of the Company, does not obligate it to decrease your exposure in any Order and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Order by the Company.
12.5 When you make deposits through wire transfers, it is the liability of the Client to confirm that his/her account number and the registered name of the account owner accompany every transfer to the Company.
13. BONUS PROVISIONS
13.1 The Company awards Bonuses and trade-specific credits (both hereinafter referred to as “Bonuses”) to its new and regular clients. Bonuses are part of the Company’s promotions program. All Bonuses are offered at our Account Executives’ discretion. While Bonuses have obvious advantages, the Client is of course never required to accept them.
13.2 By accepting a Bonus into your Account, you are agreeing to the Bonus-specific Terms and Conditions. All Bonuses accepted are final and cannot be removed once they have been credited to an account and accepted by the client.
13.3 Bonus and promotional offers are not transferable or assignable.
13.4 Only one Bonus is awarded per person, household, shared computer or shared IP address, unless stated otherwise in the promotion offer or offered by the Account Executive.
13.5 The Company reserves the right to change or end any promotional offer at any time and without further notice but of course only with an effect for future bonuses.
13.6 The Trading Volume* Requirement for any bonus is as follows – you must execute a total trading volume of at least one hundred eighty times (x180) that of your allocated bonus amount and your bonus eligible deposit unless explicitly stated otherwise in the relevant supplemental Terms & Conditions. For example, if you receive a bonus worth $100 on a deposit of $1000, you will be mandated to accumulate a trading volume of $100 x 180 = $18,000. Only fully settled trades (i.e. trades that result in a win or loss) will be counted towards the Trading Volume Requirement.
* Trading volume is calculated on the sum of Margin requirements per trade.
13.7 Take note that only “Standard” online trading and Long-Term trades (i.e. trades that result in a gain or defeat) with at least a period of 5 minutes will be accepted for the fulfillment of your trading capacity requirement. In order to reach your trading volume obligation, your funds will be traded first prior to the Bonus.
13.8 The bonus can be withdrawn only if the Trading Volume Requirement has been fully completed and fulfilled.
13.9 BE ADVISED that your allocated funds are wagered first; once fully wagered, you will start wagering on your bonus.
13.10 Customers with pending withdrawals will not be eligible to claim bonuses.
13.11 PLEASE NOTE that upon approving a bonus, you agree that the funds that have been allocated to the bonus and the bonus amount itself are subject to the Trading Volume Requirements. Any attempt to withdraw/transfer (including transfers to other products) any funds in your account; including any cash balance which is NOT attached to the bonus, prior to having met the full wagering requirements, will be canceled.
13.12 If you have yet to complete the wagering requirements of a bonus and are attempting to claim another bonus/es, you must be aware that you must complete the wagering requirements of the first bonus before starting to accumulate the wagering for any additional bonus/es. Please note that until your combined total balance (allocated funds + bonus amount) between your active bonus and any other pending bonus/es reaches less than $1, you will still be tied into the wagering requirements for any claimed bonus/es in your account.
13.13 Any indication of cash-back arbitrage, fraud or manipulation, or other forms of deceitful or criminal activity concerning the award or provision of any Bonus will in effect render the client’s trading account null and void, including suspension of any profits accrued during the lifetime of the account. In the event of any dispute, the decision of the Company will be final.
13.14 All other Terms & Conditions also apply.
13.15 The company reserves the right to approve/decline a client’s withdrawal at its own discretion in case of specific circumstances.
14. EXECUTION OF ORDERS & ORDERS
14.1 By approving all of the Terms & Conditions of this contract, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to carry out orders and activities in accordance with your instructions or according to instructions provided by your duly authorized agent(s) in writing and/or orally all in accordance with the powers granted to the Company under this contract and/or for the provision of the Services.
14.2 The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System.
14.3 All the Orders shall be carried out on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly from actions contemplated under this contract. To remove any issues, in any event, any sum to be claimed by you may not exceed your Collateral.
14.4 You may from time to time inform the Company of any person or persons that you have empowered or authorized to communicate with the Company on your behalf. Such information shall only be sent to the Company by a written notice, which shall include the names and identification details of the authorized person or the persons. In addition, a signature specimen of each of the above shall be delivered to the Company. This delegation of authority could also be revoked in writing. Written or orally transmitted orders to execute Order by any such authorized representative shall bind you and the Company for all intents and purposes.
14.5 The Company reserves the right to cancel at its sole discretion trades that were executed at rates that were ‘out-of-market’, regardless of whether said trades were the result of faulty market feeds or misquotes on the trading platform or human error, whether under the control of the Company or not.
14.6 You hereby declare that you understand and accept that a fundamental pre-condition to this contract, relates to the Company’s right to close at any time, without an advanced notice, any Order executed by you, in the event that your portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts’ rates.
15. WITHDRAWALS & SETTLEMENTS
15.1 The Settlement of your losses shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. Any profits accruing from your Orders shall be added to your account as a supplementary collateral.
15.2 To remove any issues, your credit balance shall bear no interest.
15.3 No funds or assets shall be transferred by one client to the other with respect to any Order.
15.4 In case you wish to withdraw funds accrued in your account, you must, as a pre-condition to processing your request,
(I) complete and sign the “Withdrawal Request” form which shall be delivered to you by the Company or an authorized party on its behalf, and then return it to the Company
(II) be fully KYC compliant as per article 11 of these Terms & Conditions.
15.5 No funds shall be released by the Company without the prior receipt by the Company or an authorized party on its behalf, of the said form, duly signed by you or your designated representative.
15.6 Without limiting the above-mentioned provision,
15.7 Profits may only be paid to the initiator of an account and to an account under his own name and not to any third party’s account. When you maintain an account by means of telegraphic deposits, profits are only paid to the holder of the originating bank account, and it is your liability to confirm that account number and name accompany all transfers to the Company. When you maintain an account by means of credit/debit card deposits, profits are paid back to the same card up to the value of the collateral deposited. Additional profits may be transferred by telegraphic means subject to the conditions described above.
15.8 It is hereby clarified that the Company does not provide currency exchange services and therefore your Collateral may not be repaid to you in a currency different from the currency you deposited with the Company. The outstanding balance (of your debts and receivables from the Company) shall be repaid to you in the same currency with which you paid your Collateral.
15.9 The Company may take up to 3 business days to process a withdrawal request. Once your application is approved all payments demanded by you shall reach your credit card or bank account within, and no later than, seven (7) business days following your request for payment.
15.10 Withdrawals are subject to a withdrawal fee depending on the chosen withdrawal method. As of the date of these Terms & Conditions, the applicable withdrawal fees are as follows:
- Credit Card: 3.5%
- Wire Transfer: $20
- Withdrawals of less than 100 USD/GBP/AUD/EUR on Credit Card and/or Wire Transfer will incur a flat withdrawal fee of $20.
16. REFUND / CANCELLATION POLICY
16.1 In case a Client has paid or deposited money with the Company with respect to the services offered by the Company through the website, the Company reserves the right to refund/send back to the Client any amounts received in any of the following events:
(I) Upon Client’s request, subject to Client’s balance with the Company and subject to Client being KYC compliant
(II) A mutual contract between Company and Client
(III) Company’s requirements for the provision of services have not been met by the Client
(IV) Upon termination of the contractual relations between the Parties with or without cause; all subject to any debt of the Client towards the Company.
17. INACTIVE & DORMANT ACCOUNT FEES
17.1 An account with a positive balance that is inactive (no trades, no deposits, no withdrawals and no open positions) for a period of three months will be charged a monthly maintenance fee of 100 USD/GBP/AUD/EUR or 0.5% of the dormant account’s balance, whichever is highest.
18. SUSPENSION OF TRADING
18.1 The Company reserves the right to halt or suspend the trading facilities provided by the System, the operation of this site or sections thereof at any time without a prior notice due to the following circumstances:
(I) when, as a result of political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, liability and power of the Company, the continued operation of this site or the System shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a rate cannot be calculated for financial betting contracts;
(II) when there is a breakdown in the means of communication normally employed in determining the rate or value of any of the financial betting contracts or where the rate or value of any of the financial betting contracts cannot be promptly or accurately ascertained;
(III) Under such circumstances, the Company or an authorized party on its behalf may close any open positions you may have (by performing a Reverse Order) without prior written notice being sent to you, at a fair market value reflecting, as closely as possible, the applicable rates of the relevant Contracts. You hereby waive any claims of indemnification/suits/causes of action against the Company in such an event and acknowledge that such release is a pre-condition to the validity of this contract.
19. SUSPENSION OF ACCOUNTS
19.1 The Company reserves the right to refuse or cancel services and/or refuse to distribute profits to any person at its sole discretion, including, without restriction:
(I) if the Company has reason to believe that your activities on the Site may be illegal;
(II) if the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the rate of a specific Contract in particular.
(III) If the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate
(IV) If you fail to provide to the Company any additional proof of identities such as a notarized copy of your passport or other means of identity verification as deemed necessary from time to time at the Company’s sole discretion
(V) if your activities may result in monetary damage to the Company;
(VI) if you fail to otherwise comply with any Terms or Conditions of this contract and all rules and guidelines for each Service.
20. FINANCIAL DATA
20.1 Through one or more of its Services, the Company can make available to you a wide range of financial information that is generated internally from agents, suppliers or partners (“Third Party Providers”). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”). The financial information provided on this Site is not intentional investment advice. The Company offers financial information only as a service. The Company and its Third Party Providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the financial information or results of your use of this financial information. The financial information may promptly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances. Neither the Company nor the Third Party Providers are mandated to update the information or opinions included in the financial information, and we can interrupt the flow of financial information at any time without notice.
20.2 Furthermore, it is hereby clarified that the Company is not, and shall not, be responsible in any way for the accuracy of any information published on its Web site by itself or by others, and every published or referenced item of information should be regarded as unfounded information for the purposes of managing your activity and risks. We strongly emphasize that you must confirm that all information mandated by you was checked and confirmed by yourself, through independent information sources to your satisfaction prior to the execution of any action by yourself on the Web site. IF YOU DO NOT HAVE THE KNOWLEDGE AND/OR EXPERIENCE AND/OR PERSONALLY ASSESSED DATA OR EXECUTE ORDERS BASED ON A LEARNED BASIS PLEASE DO NOT USE OUR WEBSITE OR SYSTEM. The Company shall not accept liability for any loss or damage, including without restriction to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information as mention above.
21. LIMITED GUARANTEES OF WARRANTY
21.1 We are committed to confirming continuity of the Services on the Site. However, we assume no liability for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the Site or Services. The Company declines any liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or system program, or any technical failure because of technical problems or traffic congestion on the Internet, the Site or any Service. To the extent permitted by applicable law, in no event shall we be liable for any loss or damage arising from the use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline. You agree to use the Site at your own risk.
21.2 You are aware that the Company does not provide any equipment nor is it an Internet Service Provider and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, on your end, or any other equipment not provided by the Company and/or any Internet connection malfunction and/or any computer program or system program bugs and/or errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. You shall be responsible for providing and maintaining the means by which to access the Website, which may include without restriction a personal computer, modem, and telephone or other access lines. You shall be responsible for all access, service, license and subscription fees necessary to connect to the Website and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as “computer” or “your computer”). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similarly harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or system program. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device.
22. LIABILITY RESTRICTIONS
22.1 By registering to this Site and funding your Trading Account you hereby confirm the following:
(I) You are aware that the contract rates presented by the Company are the rates at which the Company is willing to sell online trading. These rates do not NECESSARILY reflect live market values.
(II) In the event of purchasing an online trading account, you might expose yourself to considerable loss of the invested money or even total loss of your invested funds
(III) You read the terms of this contract and all terms relating to Financial Contracts as they are defined in this contract prior to the execution of any Financial Contract and fully understand the consequences and results of success or failure.
(IV) You are aware of the risks involved in the execution of the orders described in this contract and you have read and understood the Risk Factors Disclosure.
(V) By using this website you agree to assume full and exclusive liability for your research, decisions, and actions.
(VI) Neither guarantee of performance, results nor any anticipated Return on investment is offered at any time.
22.2 By using the services offered by the Company and by using this website the user agrees that the Company and any other entities associated with the Company shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, system program, messages, manual, worksheet, instructions, alerts, directives, etc. and any other information contained in regard to its use and understanding.
22.3 You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Order, whether performed by you in person, any member of your family, any other third party who have gained access to your account, or by your agent or attorney or the Company’s employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions and/or orders. You are responsible for ensuring that you and you alone shall control access to your account and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card orders entered into the site for your account. You shall also indemnify the Company in respect to all costs and losses of any kind, whatsoever as may be incurred by the Company as a result, direct or indirect, of your failure to perform or settle such an order.
22.4 You agree to defend and indemnify our company and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without restriction reasonable attorney’s fees and costs, arising out of/or in any way connected with your access to/or use of the Site or Services, your breach of any of the terms of this contract, or your breach of any applicable laws or regulations.
22.5 RESTRICTION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN CONNECTION WITH THE ORDER GIVING RISE TO SUCH LIABILITY
23. TERMINATION OF CONTRACT
23.1 The Company may terminate this contract at any time by giving you notice to this effect. You may terminate this contract at any time by giving the Company 48 hours advanced notice. As of the date of the termination notice by you, you may not execute any new Orders, which shall open new positions in your account, and your existing open positions shall be closed at the then available rates.
23.2 The license granted hereunder shall terminate if the Company considers that any information provided by you, including your e-mail, is no longer current or accurate, or if you fail to comply with any term or condition of this contract and all rules and guidelines for each service. It will be the same if the Company determines that you committed a crime on the System (including without restriction the conclusion of an order outside the market rates).
23.3 If such a breach of these Terms & Conditions occurs, you agree to cease accessing the Services. You agree that the Company, in its sole discretion and without notice, may terminate your access to all or part of the Services, close any open order and remove and discard any information or content within a Service.
24. ADDITIONAL RIGHTS & RESPONSIBILITIES SEVERABILITY
24.1 In the event that any provision in this contract is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
24.2 No Release: The failure of a party to enforce any right or provision of this contract will not be deemed a release of such right or provision.
24.3 Transference: Our Company may transfer this contract or any rights and/or obligations hereunder without your consent.
24.4 Entire contract: This contract, including all Sections listed herein, comprises the entire and exclusive contract of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous contracts, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this contract shall bind all of them jointly and severally.
24.5 Announcements: The Company or an authorized party on its behalf may send to you any announcements and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by you to the Company shall be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company.
24.6 Jurisdiction: This contract shall be construed and enforced in accordance with the laws of Estonia, and shall be governed by the governing nation, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably
(I) consents to any suit, legal action or proceeding with respect to this contract being brought exclusively in the competent courts (the “Courts”) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum,
(II) acknowledges the competence of such Courts,
(III) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and
(IV) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts.
Please feel free to use the customer support Live Chat on our site or to contact us by e-mail at [email protected] if you have any questions concerning these Terms and Conditions.