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Terms and conditions
Last updated: November 11, 2015
1.3. By accessing the Website and utilizing the Service, you (“you” or the “Client”) confirm and acknowledge that you have: (a) read this Agreement and that you understand its content; (b) that you agree to be bound by this Agreement and all ancillary documents and Company policies (as amended from time to time) which are available on the Website; and (c) that you are of legal age to form a binding contract of the type of this Agreement. This Agreement is between you and Tech Plex Ltd. (hereinafter called “We”, or the "Company"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Website or the Service.
2. ACKNOWLEDGEMENTS OF RISKS
2.1. You unreservedly acknowledge and accept that, regardless of any information which may be offered by the Company, the value of any investment in any financial activity offered by the Service may fluctuate downwards or upwards and it is even probable that the investment may be reduced to zero value.
2.2. The Service offers financial activities that may result in the loss of part or all of the invested funds while trading. You should carefully consider whether this activity suits your needs, your financial resources and your personal circumstances. You accept and declare that you are willing to undertake this risk.
2.3. You should be aware that among the features of the Service:
a) the prices and expiration period quoted through the Service for various assets are the prices and expiration period in which We are willing to sell a binary option for such asset to you at such time and these prices may not correspond to any other market price available to you from different markets at the point in time in which you purchase the binary option through the Service;
b) a broad range of financial information is displayed on the Website and may quickly become unreliable or change for various reasons such as the volatility of financial markets. Further, minor differences in market prices may occur in short time periods and may cause high profits or losses in relation to transactions you complete through the Service. There is no existing method that can assure profits from transactions in financial markets. We are under no obligation to quote a particular price quoted on any specific market;
c) when a binary option 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; and
d) You may not use or rely on prices quoted through the Service for any purpose other than trading through the Service, and you agree not to redistribute such prices to others (for commercial or any other purpose).
2.4. You should also be aware of the risks associated with using an internet or mobile based system for trading options, including but not limited to, the failure of hardware, software, and internet connection.
2.5. The Website and the Service is intended for and should only be used by individuals or entities that have sufficient experience and knowledge in financial matters to be capable of evaluating the financial data and market information displayed on the Website, and the merits and risks of entering into financial contracts. By using the Service you acknowledge that you are aware of all of the risks associated with the Service (including, without limitation, full information and knowledge regarding online binary option transactions) and have the financial capability to finance your participation, that your use of this Website, the Service and content, is at your own discretion and risk, and that you will be solely responsible for any resulting consequences.
2.6. The Client acknowledges that the Service does not include the provision of investment advice. Any investment information as may be provided by the Company or on its behalf does not constitute investment advice services whatsoever, or in any circumstances. Any investment information as may be provided by the Company doesn’t constitute investment advice and the information shall be regarded as given for informative purposes only. No information provided by the Company shall be deemed as an assurance or guarantee on the expected results of any Transaction.
2.7. The Client agrees and acknowledges that he or she is solely responsible for any investment strategy, Transaction (as defined below) or investment, 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 (as defined below) and/or taxation consequences.
3. THE SERVICE
3.1. Subject to the Client: (a) receiving the Company’s notification approving the opening of an account with us (the “Account”); (b) successfully passing the KYC process performed by the Company according to the applicable laws and regulations (as amended from time to time); and (c) timely fulfilling its obligations under the Agreement, the Company shall grant the Client the Service.
3.2. Each binary option purchased by the Client through the Service (the "Transaction") is subject to the prices, expiration periods and payout amounts and other terms quoted by the Service at the time of entering into a Transaction. Each Transaction is comprised of an offer by you to enter into the Transaction, and our subsequent acceptance of your offer evidenced by withdrawal of monies from your Account in the amount indicated by you in your offer. A Transaction will be deemed to have been consummated only when your offer has been received and accepted by us, as evidenced by withdrawal of monies from your Account. We may, in our sole discretion, accept or reject all or any part of an offer by you to enter into a Transaction. We may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Service. Each Transaction must be processed manually by you through the Service only, and not by any automatic system. Other offers, such as offers sent by fax, email or text message, will not be accepted.
3.3. If during the period between the purchasing and the expiration of a Transaction relating to a stock as the underlying asset, the stock has been split or there is a reverse split, then such option’s price will be adjusted according to the adjustments made to the stock price in the Exchange where it is traded due to such split or reverse split. We reserve the right to void any Transaction which We believe to be based on an obvious error, or fraudulent, including without limitation offers to execute Transactions for exaggerated amounts.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Website and the Service. For avoidance of doubt, the ability to access the Website or the Service does not necessarily mean that the Website or the Service and your use thereto are legal under relevant laws, regulations and directives. Further, use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. Any downloads of software from the Website or from authorized third party websites, which enable you to access the Service, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (the " Software") is licensed to you by us or by third-party licensors for your personal, noncommercial use only. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
3.4. All payments in connection with the Website or Service are non-refundable and non-cancelable. Upon entering into a Transaction, the amounts used to enter into a Transaction shall be immediately withdrawn from your Account and held by us pending expiry of the Transaction. You shall not be allowed to enter into a Transaction for any amount in excess of the balance in your Account. You hereby declare that the moneys invested in your Account with us do not originate from any illegal activity. Please note that every Account where there have been no trading activity for a minimum of three (3) months shall be deemed as a Dormant Account and each Dormant Account shall be charged every month with a maintenance fee of US$$99.99 (the " Maintenance Fee"). If the Account is at any time funded by less than the Maintenance Fee, the Company reserves the right to charge a lower amount to cover administrative expenses and close down the Account.
3.5. In the event that you are entitled to monies at the expiration of a Transaction, such amounts shall be added to your Account. You hereby authorize us to hold your funds in any financial institution We choose in our sole discretion. You shall not be entitled to, nor shall your credit balance in your Account bear, any interest. Any funds to be paid to you in respect of an expired Transaction shall be paid in the same currency as initially deposited into your Account by you. Other than the applicable amount payable to you upon the expiration of a Transaction, you shall not be entitled to any further payment of any kind whatsoever.
3.7. You shall be fully responsible for the payment of any taxes that apply to this Agreement, the Website or the Service. It is your responsibility to report your activities on your Account to any applicable tax or other authority, and to pay all applicable taxes, levies, governmental fees and charges associated with the activities including required deductions at source.
3.8. We may, in our sole discretion, from time to time add, remove or suspend from the Service any type of option or asset, or change or discontinue providing any part of the Service.
4.1. If you submit a request to withdraw monies from your Account, such transfer may take us up to five (5) business days to process the request, following the provision by you of all relevant identification documents that We may require from you in our sole discretion. Once the request has been approved, it may take a further five (5) business days until the funds show in your personal Account. Transfers via credit or debit card shall be performed at times and according to the card company's procedures or according to the terms of third party payment processors used by us to complete such transfers. We may carry out withdrawal orders by alternative means to those which have been used in the original deposit order, subject to anti-money laundering laws and regulations.
4.2. We may, from time to time and in our sole discretion, including without limitation, after you have been deposited funds into your Account and prior to any withdrawals, require you to provide proof of identity documentation, such as a notarized copy of your passport or other means of identity verification, copies of the credit card used to deposit funds, utility bill not older than 3 months, and written confirmation of your instructions to perform activities through the Service, as We may deem necessary under the circumstances. You will receive direct instructions regarding the documents you will be required to submit from our compliance department. You may address our compliance department via email at [email protected] for more information. Notwithstanding, We are not obligated to verify your identity or the validity of your instructions. You shall bear the risk of all instructions, whether authorized, unauthorized, improper or fraudulent, even if such instructions were provided without your authority. If you do not comply with our requests, We reserve the right to close any open Transactions on the Service, refund to your Account all amounts invested by you pursuant to such closed Transactions, transfer such monies from your Account to you and delete your Account.
5.1. Without prejudice to the Company's rights and remedies under this Agreement or at law, We may, in our sole discretion and without notice or liability to you or any third party, immediately block access to the Website or the Service from, or immediately suspend or terminate the Account of, any user that, among others:
a) We suspect is the victim of theft or unauthorized use of your personal data;
b) provides personal data that is inappropriate or offensive in our discretion, inaccurate, not current or incomplete;
c) breaches the letter or spirit of any term of this Agreement; or
d) whose Account has extended periods of inactivity, without derogating from any other right or remedy that We may have by law, equity or otherwise.
In such an event, We may immediately close any Transactions, and debit or credit your Account as applicable, close all or any of your Accounts held with us of whatever nature, terminate this Agreement without notice and refuse to enter into further Transactions with you. Any monies held in any of your Accounts on the Website shall be frozen and We may deduct any amounts from such Accounts in order to set off any loss, damages or expenses incurred by us as a result of a breach of this Section 5.1.
5.2. Without prejudice to the Company's rights to terminate this Agreement immediately and without prior notice in accordance with Section 5.1, the Company may terminate this Agreement with immediate effect by giving at least 3 business days' notice in writing to the Client. The Client shall have the right to terminate this Agreement with immediate effect by giving at least 14 business days' notice to the Company.
5.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including, without limitation, all outstanding costs and any other amounts payable to the Company, as well as any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of this Agreement.
5.4. Once notice of termination of this Agreement is sent and before the termination date:
a) the Client will have an obligation to close all of his or her open Transactions. If the Client fails to do so, upon termination, the Company will close any open Transactions at current prices;
b) the Company will be entitled to cease granting the Client access to the Service or may limit the functionalities the Client is allowed to use on the Service;
c) the Company will be entitled to refuse to accept new orders from the Client; and
d) the Company will be entitled to refuse the withdrawal of money by the Client from the Service and the Company reserves the right to keep Client’s funds as necessary to close Transactions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
5.5. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such balance to the Client (to the same account from which the Client has made his deposit) as soon as reasonably practicable. Such funds shall be delivered in accordance to the Client’s Instructions to the Company. It is understood that in no event shall the Company effect any payments to an account which is not in the name of the Client. The Company has the right to refuse, at its discretion, to effect third party payments. In the event that the Client fails to provide instructions or the Client cannot be reached at his last known address, the Company shall forward such funds (at its sole discretion) directly to his bank account (from which he has made his deposit) or by way of a check sent by mail to the address recorded at the time of registration. It is the Client’s responsibility to update his address from time to time, the Company having no liability towards the Client for any lost money.
5.6. From time to time, We perform maintenance upon the Website or Service resulting in interrupted Service, delays or errors in the Website or Service. We will attempt to provide you with prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. Under such circumstances, We may in our sole discretion (with or without notice) close your open Transactions at prices We consider fair and reasonable at such time, and you waive any claims or demands against us in connection thereto.
6. FORCE MAJEURE
6.1. We may, in our reasonable opinion, determine that a Force Majeure Event exists. For the purpose of this Agreement, the term " Force Majeure Event" shall mean any act, event or circumstances outside our control, responsibility and power which causes the continued operation of this Website or the Service to not be reasonably practicable without materially and adversely affecting and prejudicing yours or our interests which for the purposes of illustration, may include (but not be limited to) unusual market volatility or illiquidity or a breakdown in the means of communication normally employed in determining the price or value of any Transaction or where the price or value of a Transaction cannot be promptly or accurately determined.
6.2. If We determine that a Force Majeure Event exists, We may, in our absolute discretion, without notice and at any time, take one or more of the following steps:
a) suspend or modify the application of all or part of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; or
b) alter the trading hours for a particular Transaction; or
c) suspend or terminate the operation of this Website or the Service, including closing any open Transactions and crediting the funds invested for such Transactions back to your Account, and refunding any credit balances in your Account back to you.
6.3. You agree that We will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to Section 6.2, if We decide to take such action. We shall be released of all responsibilities for partial or full non-fulfillment, as well as for improper fulfillment of the obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of a Force Majeure Event.
7. WARRANTIES & REPRESENTATIONS
7.1. The Client warrants and represents to the Company that:
a) the Client has read and fully understood the terms of this Agreement;
b) the Client is of sound mind, legal age and legal competence;
c) the Client shall abide by the restrictions and limitations contained in the terms and conditions;
d) the Client is duly authorized to enter into the Agreement, to make Transactions, give instructions and requests and to perform its obligations hereunder;
e) the Client is the individual who has completed the registration or, if the Client is a legal entity, the person who has completed the registration on the Client’s behalf is duly authorized to do so;
f) all actions performed under this Agreement will not violate any law or rule applicable to the Client or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds are affected;
g) the Client has chosen the particular type of Service taking his total financial circumstances into consideration which he consider reasonable under such circumstances;
h) the Client is not a Politically Exposed Person and will promptly notify the Company if at any stage during the course of this Agreement he becomes a Politically Exposed Person;
i) there are no restrictions on the markets or financial instruments in which any Transactions will be sent for execution, depending on the Client’s nationality or religion;
j) all funds transferred to the Company, belongs exclusively to the Client, and it is free of any lien, charge, pledge and any other encumbrance. Further, whatever money is handed over to the Company by the Client is not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity;
k) the Client act for himself and not as a representative or a trustee of any third person, unless the Client produced, to the satisfaction of the Company, a document and/or powers of attorney enabling you to act as representative and/or trustee of any third person;
l) the Client agrees and understands that the Company reserves the right to refund / send back to the remitter (or beneficial owner) any amounts it received, after having such proof as it considers adequate at its absolute discretion that these amounts are direct or indirect proceeds of any illegal act or omission or product of any criminal activity and/or belonging to a third party. The Client further agrees to bear all costs and expenses (including taxes and/or commissions) associated with such refund;
m) all Transactions will be performed only through the Service provided by the Company and the financial instruments are not transferable to any other trading platform whatsoever;
n) the Client agrees not to use the Service in an abusive way by lag trading and/or usage of server latency, price manipulation, time manipulation or any other practices which are illegal and/or are utilized to give the Client an unfair advantage or which the Company considers at its own discretion as inappropriate and outside the scope of this Agreement;
o) the Client shall not use any software for the purpose of automatic/algorithm trading in the Account. Furthermore the Client shall not use or allow the use of a device which is performing Transactions in any manner obstructing and/or interfering with the regular and ordinary carrying out of such Transactions as contemplated by the Company (i.e using expert advice software, auto clicker and similar software);
p) the Client opened the Account in order to perform trading on the Website. In case of absence of any trading activity for three (3) months or more, the Company reserves the right to charge the Maintenance Fee and/or close down the Account in accordance with Section 3.4;
q) the Client will take all reasonably necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents) so that the Company may duly fulfill its obligations under this Agreement, and applicable laws;
r) the information provided by the Client to the Company upon registration and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic; and
s) The Client acknowledges that Company shall have no liability for any potential damage the Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors.
8. ANTI-MONEY LAUNDERING
The Company is committed to comply with anti-money laundering ("AML") regulation and procedures, and employ best-practice procedures to ensure it. We reserve the right to refuse to do business with, to discontinue to do business with, and to reverse any Transactions with you, in case any suspicion will occur in this respect or in case you do not accept or conform to the following AML requirements and policies:
a) you must provide us with all requested information upon registration;
b) any amounts payable to you upon the expiration of a Transaction will only be paid to the individual who initially registered to open an Account;
c) if you deposit funds to your Account by means of wire transfer, any withdrawals from your Account will only be transferred to the holder of the originating bank account of the deposit. When making deposits in this manner, it is your responsibility to ensure that your bank account number and the registered name of the Account owner accompany all such deposits to us;
d) if you deposit funds to your Account by means of credit/debit card, withdrawals from your Account will only be distributed to the individual whose name appears on the card used to make the deposit and only to the same card; and
e) only one Account is allowed per person. No amount may be withdrawn from any Accounts opened in a false name or on multiple Accounts opened by the same person.
9. REGISTRATION AND ACCOUNT MANAGEMENT
9.1. Some functions of the Service require registration, and as part of the process you will be requested to provide certain information, including among others, a unique user name and password ("Registration Data") You agree to:
a) provide true, accurate, current and complete Registration Data as prompted by the registration process;
b) maintain and promptly update the Registration Data to keep it accurate, current and complete;
c) maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Service;
d) ensure that you log out of the Service at the end of each session using the Service;
e) refrain from transferring your Account on the Service to any other without our prior written consent;
f) refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and
g) immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Service or any other breach of security that you become aware of involving or relating to the Site.
9.2. We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data. You may not access your Account, or have your Account open, simultaneously through the mobile application and the Website.
9.3. You hereby consent to have your trading history through the Service available online. You will be able to access Account information via the Service using your Registration Data. Posting of Account information on your online Account will be deemed delivery of confirmation and Account statements.
9.4. You declare that by providing your Registration Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Service and related services, including further information and offers from us that We believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that We do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that We shall immediately cease to send any such further communications should you notify us in writing that do not wish to receive such commercial content anymore.
10. USER CONDUCT
10.1. You may access and use the Site and Service only for its purposes as intended by the normal functionality of the Site and Service, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Service, you agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Service, and without limiting the foregoing you may not:
a) use (i) the Site, (ii) the Service, or (iii) any content, financial data, programming, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design, user interface and Software made available through or which appears on the Site or Service ("Content") to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
b) interfere with the access, use or enjoyment of this Site or the Service by others (including without limitation causing greater demand on the Service than is deemed by us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;
c) copy, record, edit, alter or translate any of the Service, the Site or the Content including, without limitation, removing, editing or otherwise interfering with any names, marks, logos or branding on the Service, Site or the Content;
d) harvest or otherwise collect non-public information about another user obtained through the Site or the Service (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information.
e) add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet. in any manner damage or impair any of our Intellectual Property Rights (as defined below);
f) use any Content except for the intended purposes of the Service and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Service without our prior written consent;
g) alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Service, any Content, or features;
h) access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service;
i) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service except if and to the extent permitted by applicable law;
j) copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Service, the Site or the Content;
k) use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Service, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
l) use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us;
m) create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not;
n) 'deep-link', redistribute or facilitate the redistribution of Content;
o) abuse or use any other means to affect or manipulate the Service in general or the prices quoted through the Service;
p) use this Site or the Service for the purpose of money laundering.
10.2. When using the Site or the Service you will be exposed to Content from a variety of sources, and We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content.
11. RECORD KEEPING
12. BONUS SCHEME
12.1. The Company offers, from time to time, numerous offers such as welcome bonuses, competitions and award to the Company's new and existing Clients. Bonuses and onetime trading credits rewarded to Clients are part of the Company's promotional system and are provided (if any) at its sole discretion. These offers are limited in time and the terms and conditions associated with any bonus rewards are subject to change by the Company, at its sole discretion, any time and for any reason. To learn more about the Company's promotional offers please contact us via live chat, phone or email.
12.2. Any promotion offered is valid only for the period specifically stated therein, unless otherwise specifically designated or dated by the Company, in writing.
12.3. All promotions offered by email are offered under the same terms and conditions specified herein.
12.4. By accepting this Agreement when registering with the Company, you accept and understand that these offers are covered by this Agreement, limited, and have no actual value unless actually credited to your trading Account (as activated bonuses following trading volume requirements have met), provided that all related conditions are met, whether such conditions were noted by your Account manager, written in emails or promotional literature and/or listed herein.
12.5. All redeemable bonuses are subjected to trading volume requirements, as set forth in the respective award, but in any event the trading volume requirement on your Account shall be at least 30 times your bonus amount (i.e. you are required to trade in open positions an aggregate amount which is equal to the volume requirement, e.g. if your bonus amount is US$100 and the trading volume requirement is at least 30 times your bonus amount, you are required to trade in open positions, an aggregate amount of at least US$3,000).
12.6. If you receive multiple bonus credits, the trading volume requirement is calculated based on the aggregate amount of bonuses received.
12.7. Upon your acceptance of a bonus, you hereby agree and acknowledge, as follows:
a) until you have met the required trading volume, any and all profits in your Account are deemed as part of your bonus, for all intents and purposes;
b) any withdrawal of funds from your Account, prior to reaching the trading volume requirements, shall immediately cancel all bonuses and profits in your Account, which shall all become null and void as of your notice requesting to make a withdrawal of funds;
c) in the event that the balance in your Account shall be lower than US$50, such balance shall be deemed as bonus amount and shall be deleted from your Account; and
d) any open Transactions are not withdrawable.
12.8. The date of any promotion will be considered the date on the email sent to you and logged in the Company’s system.
12.9. The Company, at its sole discretion, will determine if your deposit and trading activity entitle you to a promotional bonus.
12.10. In addition to the above, certain additional conditions may apply to any specific promotion, as will be defined in such specific promotion’s terms and conditions.
12.11. It is advisable to send an email to [email protected] about bonus and awards. Please make sure you ask in writing before participating in any promotions.
12.12. Balance – please note, that if you don’t have a bonus, the balance in your Account represents the amount available to withdrawal/trading binary options. If you have a bonus, the balance represents the amount available for trading binary options. The following examples of our bonus structure are for illustrative purposes only:
Example 1: Client deposited 500, received a 500 bonus, reached a 10,000 trading volume and made 500 in profit. Trading volume requirements: 50 times the bonus amount.
The bonus has not met the trading volume requirement 500*50 =25,000.
Balance available for trading Binary Options = 1,500.
Balance available for withdrawal = 500.
If the Client wishes to withdrawal 500, his/her Account balance after this withdrawal will be 0.
Example 2: Client deposited 500, received a 500 bonus, reached a 60,000 trading volume and made 500 in profit. Trading volume requirements: 50 times the bonus amount.
The bonus has met the trading volume requirement 500*50 =25,000.
Balance available for trading Binary Options = 1,500.
Balance available for withdrawal = 1,500.
If the Client wishes to withdrawal 500, his/her Account balance after this withdrawal will be 1,000.
Example 3: Client deposited 500, received a 500 bonus, reached 10,000 trading volume and lost 500. Trading volume requirements: 50 times the bonus amount.
The bonus has not met the trading volume requirement 500*50=25,000.
Balance available for trading Binary Options = 500.
Balance available for withdrawal = 0.
Example 4: Client deposited 500, received a 500 bonus, reached 10,000 trading volume, made 300 in profit and made a withdrawal request of 100. Trading volume requirements: 50 times the bonus amount.
The bonus has not met the trading volume requirement 500*50=25,000.
Balance available for trading Binary Options before the withdrawal request = 1,300.
Balance available for trading Binary Options after the withdrawal request = 500.
Balance available for withdrawal = 500.
Example 5: Client deposited 500, received a 500 bonus, reached 10,000 trading volume and received additional 500 bonus. Trading volume requirements: 50 times the bonus amount.
The bonus has not met the trading volume requirement of the first bonus: 500*50=25,000.
Balance available for trading Binary options after the first bonus = 1,000.
Balance available for trading Binary options after the second bonus = 1,500.
New trading volume requirement for both bonuses after the second bonus = 50,000.
Balance available for withdrawal = 500.
14. INTELLECTUAL PROPERTY
14.1. You acknowledge that the Service and Content, including without limitation, the Software, the trademarks, service marks and logos contained in the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. The Content, Site, Software and the Service, all copies any derivative works thereof, and all associated goodwill and any Intellectual Property Rights therein, are and will remain owned solely by us or our licensors, as the case may be. Except for the license granted in Section 3.3, no other license, right or interest in any goodwill or Intellectual Property Rights in the Service or any part thereof is granted or conveyed to you.
14.2. For the purposes of this Agreement, the term "Intellectual Property Rights" means as follows: patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer software), database rights, utility models, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all other rights or forms of protection having equivalent or similar effect anywhere in the world.
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Service in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you.
16. LINKS TO OTHER WEBSITES
17. DISCLAIMERS OF ALL WARRANTIES
THE CONTENT, THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY THAT: (I) THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ERROR-FREE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) ERRORS AND BUGS WILL BE DETECTED AND CORRECTED IN THE SERVICE; (III) WE WILL BE ABLE TO PREVENT THIRD PARTY DISRUPTIONS OF AND TO THE OPERATION OF THE SERVICE. PLEASE NOTE THAT THE CONTENT IS PROVIDED AS GENERAL MARKET COMMENTARY, DOES NOT CONSTITUTE INVESTMENT ADVICE, AND IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE DO NOT ENDORSE OR APPROVE THE CONTENT AND ARE NOT OBLIGATED TO UPDATE ANY CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICES.
Without derogating form the above, the Company shall not be held liable for any damage caused to the Client as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank accounts are maintained. The Company makes every effort to ensure that the banks and institutions to which the Client’s funds are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.
18. LIMITATION OF LIABILITY.
18.1. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE ANY PART OF THIS SITE OR THE SERVICE OR ANY SITES LINKED TO THIS SITE, OR (II) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION WITH RESPECT TO THE CONTENT; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. Without derogating from any of the foregoing, our total aggregate liability under this Agreement, if any, in connection with the Site, the Service or the Content or the Agreement will be limited to the amount of the Transaction giving rise to such claim. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Service, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
18.2. Without derogating from the generality of Section 18.1, We shall not be held liable and are released from all claims and losses arising out of:
a) any act or omission by any person obtaining access to your Account, whether or not you have authorized such access;
b) delay, failure or error by you in implementing any reasonable instruction We have provided to you;
c) inaccurate or incomplete instructions received by you; or
d) any reliance or use by you or any other third party with access to your Account, whether to complete a Transaction or for any other purpose whatsoever.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES OR ANYONE ACTING ON OUR BEHALF FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
20. DISPUTE RESOLUTION
In the event of a dispute arising out of or in connection with this Agreement, you are required to duly file a formal dispute resolution notice by sending an email to [email protected] (“Dispute Notice”). Any Dispute Notice will be addressed by us within 5 business days (“ Response”). In the event that the parties hereto will not reach an agreement with respect to the dispute set forth in the Dispute Notice, within 7 days as of our Response, We will be entitled to rule such dispute, at our sole and absolute discretion.
21. GOVERNING LAW AND EXCLUSIVE COURTS
This Agreement will be governed by in accordance with the laws of Marshall Islands without regard to its choice of law principles. Any legal action or proceeding arising in connection with this Agreement will be brought exclusively in courts of Marshall Islands, and the parties irrevocably consent to such personal jurisdiction and venue.
Any failure to exercise or any delay in exercising a right or remedy provided this this Agreement will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement will not constitute a waiver or of any other breach and will not affect the other terms of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
24. NO PARTNERSHIP OR AGENCY
You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service.
25. ENTIRE AGREEMENT
This Agreement comprises the entire agreement and understanding between you and us in respect of the matters dealt with herein and supersedes all prior agreements pertaining to the subject matter hereof. You represent and agree that in entering into this Agreement, you do not rely on, and will have no remedy in respect of any statement, representation, warranty or understanding of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.
If any provision(s) of this Agreement is held to be unenforceable or illegal or contravene any rule, regulation or by law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and this Agreement will be interpreted and enforced as though the provision has never been included and the legality or enforceability of the remaining provisions of this Agreement shall not be affected.
27. MODIFICATIONS TO TERMS
The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.