Terms and Condition
The provisions of this Terms of Use (referred herein as “the Agreement”) are the official terms and conditions of eTradingaccount (referred herein as “the Company”). eTradingaccount operates under the official website etradingaccount.com (referred herein as “the Site”) and with registered address at Stoney Ground Road, Kingstown, St. Vincent and the Grenadines.
The users (referred herein as “the Client”) of the Company’s services should read this Agreement in its entirety before using etradingaccount.com. This Agreement legally binds the Client and the Company (collectively referred herein as “the Parties”) with the primary objectives of regulating the business relationship of the Parties, describing the available services, and resolving any dispute or contingency that may arise.
The Company has extended published terms as supporting documents to this Agreement, namely: General Risk Disclosure, Money-Laundering Prevention or AML, Know-Your-Client (KYC) Process, Complaint and Dispute Management, Order Execution, Privacy Notice, and Refund Procedure. The preceding documents form the entirety of this Agreement and are integral hereto.
The official language used by the Company is English. The translated texts, contents, and documents are only for reference. If language misconstruction or misinterpretation occurs, the English version of any material will always prevail.
The relevant obligations concerning enforcement of warranties and representations shall survive the termination of this Agreement.
1.1. Accomplishing the official registration and other
relevant procedures is an acknowledgment and consent
to the authority of this Agreement. Therefore, the
Client is automatically bound to the Agreement and its
provisions, including any future amendments until
terminated accordingly.
1.2. The Parties bound to
this Agreement will serve as intermediaries to one
another. Handwritten signatures are not necessary for
this Agreement to take effect. This Agreement is
considered a distant contract where it automatically
binds the Parties and should be treated as if it were
duly signed.
1.3. Unless indicated elsewhere
herein, the Company holds the right to amend the terms
of this Agreement at any time. The Company may
proceed, without the obligation, to give the Client
written prior notice of the said amendment.
1.4.
The Company shall be entitled to make modifications or
alter entirely or partially the platform’s terms and
conditions, as mentioned on the website. The Client
hereby irrevocably authorizes, represents, and
undertakes the terms for using the platform, including
every modification in the future.
1.5. Additional
agreements may be provided to the Client during
his/her trading activity. The Client must comply with
the terms of those agreements. Failure to do so will
lead to a delay in settlement and imposed
penalties.
1.6. The Client is responsible for
complying with the terms of this Agreement and with
the terms of other supporting policies and additional
contracts as provided throughout his/her trading
course.
1.7. The Company holds every right to
amend and shift any of the existing rights, welfare,
and responsibility under this Agreement.
2.1. The Site is protected by international copyright
laws and treaties under the terms, including the
warranty disclaimers and limitations of liability.
Intellectual property rights regarding the Site and
all its content, including but not limited to
graphics, software, files, programs, videos, and
audios, shall remain the sole property of the Company
and its operators and shall not be used without
written express approval.
2.2. Following this
Agreement, the Client shall not acquire any rights and
therefore prohibited from copying, redistributing,
publishing, decompiling, disassembling, modifying,
translating, reverse engineering, and making any
attempt to access the source code of the Site and its
content. The information shall not be reproduced and
must not be distributed to any other person or used in
any way without the expressed approval of the Company.
The Site shall not be modified or any copyright or
trademark included in the Site.
2.3. The
trademark includes all rights to intellectual
property, including, but not limited to, inventions
and improvements, trademarks, patents, designs,
copyright, any corresponding property rights under the
laws of any jurisdiction. Without detracting from the
provisions of this Agreement, the Client cannot sell,
rent, lease, or lend the system. Violation of these
terms or failure to comply may result in the
suspension of the Client’s use with or without notice.
The Client’s account and use of any of the Company’s
services may be terminated in case of abuses.
3.1. The Client acknowledges his/her responsibility to
act in compliance with the laws of the local
jurisdiction. The Client carries full responsibility
for assuring that the services received from the
Company are in accordance with his/her country laws
and will be accountable for his/her actions. The
Client hereby declares that he/she is of legal age,
aware of his/her actions, and in legal competence to
be a Client of the Company.
3.2. The Client
declares that he/she is not involved in politics or
connected to a politician. The Company will initiate
an immediate closure of accounts belonging to users
who have any political attachment, all in compliance
with the Anti-Money laundering Law. The Company will
have the right to cancel or reject any request for
access to the services should any violation of the
terms mentioned in this Agreement occur.
3.3. The
Client hereby declares that the funds he/she deposits
or uses for trading with the Company are legally
gained and must be in the form of real money. The
Client may also deposit funds using cryptocurrencies
as long as digital currency transfers are available at
the appropriate time. The Client understands and
consents that amassing interests from his/her trading
account is forbidden.
3.4. The Client agrees and
understands that trading derivatives is not meant for
all of the conglomerates and that there is a higher
risk that entails significant losses and damages that
vary from small scale to large scale; such costs
include but not limited to loss of money, additional
expenses, and other commissions.
3.5.
Acknowledging trading in the financial market carries
many speculations. The Client must understand he/she
cannot receive a chargeback for the Company’s services
regarding the trading platform (e.g., Client area,
news, and signals). Upon filing chargebacks, the
Client consents that his/her trading account will be
inaccessible or terminated at once
4.1. The Client accepts the terms and conditions
herein to use the Company’s services completely and
effectively.
4.2. The Company’s services are
offered only to users who are not restricted by their
governing jurisdiction’s laws and any other
regulations applicable. The Client should not access
the services and should not participate in the
activities if prohibited by such laws. The Client
agrees, warrants, and ensures his/her compliance with
all applicable regulations and statutes.4.3.
Invitations, offers, and other promotions from the
services do not translate to guaranteed legal access
to any of the Company’s services. The Client shall be
held primarily responsible for determining whether
he/she is eligible to access the services offered by
the Company legally. The Company will not issue any
statement or warranty about the legality of the
Company’s services in the jurisdiction where the
Client is residing or currently located. It will also
be the Client’s sole responsibility to ensure his/her
compliance with the laws applicable to him/her before
registration or access to the services through the
Site.
4.4. Following the completion of the
registration form and the submission of the documents
required by the Company in the account creation, the
Company will assess the documents and information
submitted. Confirmation will then be sent via email
regarding the acceptance or rejection of the
registration.
4.5. Following the acceptance or
the approval of a Client’s registration or account
creation, the Company will require an initial deposit
prior to the account’s activation. The minimum initial
deposit required may be changed and determined by the
Company from time to time.
4.6. The Company does
not assess a financial instrument’s compatibility with
the Client’s chosen Transaction or requested services.
Therefore, the Client may not be provided with any
service protection and regulation protection while the
Company provides services such as order executions,
transmissions, and receptions.
4.7. In order to
determine if a service, product, or promotion offered
by the Company suits the Client or not, information
regarding the Client’s familiarity with his/her
investment may be obtained. This is subject to all
applicable regulations that the Company is obliged to
follow. If the Client fails to provide the required
information, it may result in the Company’s inability
to determine the appropriateness of its services for
the Client. Therefore, the Company will assume, based
on the provided information, that the Client is
familiar with the Company’s nature of business. The
Company will not be held liable for any incomplete
information regarding the Client’s familiarity with
the services and transactions.
4.8. The Company
may choose to offer the following services to the
Client after the fulfillment and accomplishment of the
obligations given to the Client:
A.) Client order
receiving and transmitting of derivative trades.
B.)
Order execution of derivatives and other marketable
assets.
C.) Provision of foreign currency
services as long as reception and transmission
services are associated.
D.) Trading services
related to the financial market.
4.9. The Company
and its representatives use English as the official
communication medium through which information, terms,
and other documents will be made available at the
Company’s official Site. Even though English serves as
the official communication medium, other contracts and
documents may also be translated into other languages,
which the Company shall provide. Translations or other
versions of these said terms or documents will not
result in a different legal result or effect, leaving
the Company without liabilities on how other versions
will be interpreted.
5.1. The Client is fully aware that trading in the
financial market carries substantial and variable
risks. This declaration gives only partial disclosure
of the risks that derive from trading and leveraged
assets. The Client accepts this Agreement of his/her
own accord, after having reviewed this Agreement
thoroughly and having had ample opportunity to receive
legal or other advice, and the Client fully
appreciates the contents and meaning hereof.
5.2.
The Company holds the right to change and implement
any conversions in currencies without prior notice
whenever necessary. Such instances include the need to
make deposits and to conduct transactions or place
orders as part of the Agreement between the Client and
the Company.
5.3. The Company will regard the
current exchange rates as the basis for any conversion
made. The Company will also choose the most reasonable
exchange rates to follow. The Client must acknowledge
any risks of foreign currency exchange that may result
from any transaction. The Client must also recognize
the rights of the Company to exercise such actions
under any agreements or contracts.
5.4. Due to
the nature of the financial market, the Company is
entitled, at every given time, to change the quoted
prices, swaps, leverage, rollover fees, commissions,
contract sizes, and spreads, and such modification is
effective immediately without prior notice.
5.5.
This Agreement also encompasses derivatives trading;
the Company can act on individual derivative trading
Transactions such as orders made directly from the
Client to the Company or through the Company’s Online
Trading System.
5.6. The Company will operate and
manage based on the Client Access Data without
hesitations and further questions. The Orders will
remain valid and will be completely intact with the
Client and its Client Access Data.
5.7. One more
thing to note, the Company will entirely and
thoroughly follow the Client’s request for the order
execution along with the agreed terms. The Company
will not be held liable for any mishandling and
inaccurate information with the Orders. The Company
also views the Orders as concrete and will eventually
proceed with the transaction.
5.8. All orders are
expected to be placed and executed or modified and
removed within the allowed trading time; all late
Orders will then promptly take the next trading
session.
5.9. The Company will also be putting
the open spot positions a day over the next business
day after closing the business in the relevant
Underlying Market. Furthermore, the Company also
reserves the right to close an existing open position
under thorough discretion.
5.10. The Company
will, but not constrained to, at the highest
circumspection, proceed with the Client’s
request,
pursue its Orders even outside the regular derivative
trading hours.
5.11. The Client is required to
maintain and perpetuate the Initial Margin and Hedged
Margin that is set by the Company. The Client is
expected to be more knowledgeable, and it is his/her
sole responsibility to understand how the Margin is
computed and figured.
5.12. The minimum balance
for maintaining an active trading account is $100.00.
Failure to meet the requirement will drag limitations
on the account or a definite closure of the account.
The Client hereby affirms that he/she can meet the
mentioned requirement.
5.13. The Client consents
that there are specific quotas for each trading
account type, which are determined in shares per
asset. The Company may charge the Client a separate
fee if he/she does not reach the required quota. In
addition, this will lead to limited access to the
Company’s services.
5.14. In the trading
platform, statistics are only counted for positive
transactions after deducting the total negative. A
positive growing dynamic is a difference between
closed positions in profit that do not surpass the
negative open positions.
5.15. The Company also
reserves the right to change the Margin requirements
at any given moment and time. The Company then
immediately delivers a written notice two days before
the actual implementation or change.
5.16. If an
event regarding the falling of Equity well below the
required Margin at any given time, the Company
reserves its right to close some or all of the
Client’s Open Position without prior notice and the
Client’s consent. It is the Client’s responsibility to
mention and indicate to the Company as soon as Margin
payments become stiff, and the necessary may not be
reached. Although the Company may, from time to time,
make Margin Calls, it will not be their duty to do so.
In the event where the Client fails to resolve his/her
situation before the Margin drops, open trades may
close automatically due to Stop-out.
5.17.
Margins are expected to be fulfilled monetarily in the
Client’s current Client Account. Furthermore,
non-monetary
Margin remains unacceptable.
6.1. The Company cannot give guaranteed advice to the
Client in any form about the possible results of a
transaction. The Client agrees and acknowledges that
any of the services provided by the Company does not
come with any investment advice regardless of services
offered, including access to financial instruments,
derivatives, and underlying markets. Furthermore, the
Company is not responsible for providing legal counsel
or advice about the use of the trading platform.
6.2.
Performed transactions equate to activities taken by
the Client in his/her judgment. Therefore, the Client
is primarily responsible for determining the possible
outcomes of his/her appraisal of a transaction,
including the potential risks.
6.3. The Company
does not hold any liability or duty to provide any
legal, tax, or other investment advice in connection
to its transactions with the Client. The Client may
use independent advice before undertaking any
transaction.
6.4. The Company may provide market
reviews occasionally. Nevertheless, the given
information is known to all or might be the judgment
of the Company or other third-party affiliates. The
Company clarifies that the information provided on the
Site, subsites, social media, forums, posted or
written by any of the Company’s representatives does
not constitute investment advice or a substitute for
investment advice. The information given to the Client
by the Company does not take into account each
individual’s data and needs. The information is not
considered an agreed service and should not be
regarded as an undertaking to achieve anything.
6.5.
While the Company may provide the Client information
like market news and updates (such as commentary on
the financial markets, news reports, recommendations,
and other related financial or investment advice), the
following terms will still take effect:
A.) Such
news, information, and updates will not be held
against the Company.
B.) Any piece of information
or advice given by the Company is not guaranteed to be
accurate, correct, or complete and may result in
different consequences, such as risks or losses.
C.)
Information given to the Client, whether it has
influenced his/her decision or not, will be considered
as his/her own and will not guarantee favorable
results and financial merits.
D.) Information
sent to the Client may vary individually based on
time, language, or jurisdiction. The Company does not
guarantee the times of the information sent to the
Client to be in all instances accurate.
E.) The
Client agrees not to distribute any information,
documents, or even a piece of advice that may not be
intended for the use of other persons or clients.
F.)
All information sent to the Client, including, but not
limited to, market updates or investment advice, is
set to change any time without prior notice.
6.6.
The Company is not responsible for providing the
Client advice regarding the use of the Site and all
its content. Upon entering, the Client, therefore,
agrees to be solely responsible for making his/her
judgment and bearing the risk of entering the Site.
6.7.
The Client agrees to have the necessary knowledge to
make his/her evaluation of the risks of using the
Site. The Company’s services are without warranty and
may not meet the Client’s requirement. Accuracy of
information, commentary, or any related material
provided is not guaranteed, and the Client
acknowledges, by his/her use of the Site, that the
platform may not work error-free or uninterrupted.
6.8.
Commentary or any marketing material provided by the
Company is for information purposes only and shall be
provided solely to enable the Client to make his/her
own investment decisions; the Company is not
responsible for any consequences by the Client upon
acting to such commentary or related materials.
6.9.
The information does not take into account the
Client’s situation. The Client should consider whether
the information is appropriate to his/her needs, and
where applicable, seek professional advice. Any action
the Client takes upon the information is strictly at
his/her own risk.
7.1. The system used by the Company is a trading
platform that comprises various trading features
intended for electronic trading transactions and
related transactions. Accessible in most computers,
operating systems, browsers, tablets, mobile devices,
and other electronic devices, the platform is owned by
a licensor, which allows electronic trading
transactions.
7.2. Unauthorized and illegal use
of the Company’s Online Trading System may result in
temporary or permanent account suspension or
termination if such actions or transactions are
considered endangering to the Client or the Company.
Furthermore, such sanctions will be given to any
action that threatens the Company’s integrity,
violates any terms set by the Company, or leads to a
system failure.
7.3. The Client hereby
acknowledges and agrees that he/she shall not take any
form of illegal activities while using the trading
platform. Actions such as arbitrage, usage of expert
advisers, and platform manipulation are highly
forbidden, including high-frequency trading, except
when combined with specific indicators. Some trading
strategies are only permitted when applied to
particular markets, and wherein the case of scalping
will only be allowed in trading currency pairs. Trades
that will not comply with the restrictions can be
canceled. The Company reserves the right to close or
cancel trading accounts, including writing off all the
profit or freezing it if the Client is involved in any
prohibited activities.
7.4. The Company will take
action to close trading accounts of Clients if their
contracts or other derivatives have reached the
expiration date. Trades under 10 minutes are viewed
invalid and will be canceled unless reserved with a
relevant provider, where the profit may otherwise be
written off. However, this excludes trading accounts
that qualify for statistical requirements or in a case
where the Client can transfer to a substitute
liquidity provider.
7.5. The management or
maintenance of necessary equipment needed to transact
or communicate with the Company, as well as to access
its online platform, will be the responsibility of the
Client. While the storing, displaying, reprinting,
analyzing, and reformatting of the information given
by the Company through the Site or the Online Trading
System are allowed, publishing, transmitting, and
reproducing the given information to any third party
shall not be permitted.
7.6. The alteration,
obscuring, or removal of copyrights or trademarks and
other similar terms connected with the provided
information will also be prohibited. The use of the
materials and the system given by the Company must be
acknowledged to be for personal use only.
7.7.
Client information and transaction records must also
be kept confidential and should be in written form. In
case the Client suspects another party has the same
data access or information as he/she possesses, a
notification must be sent to the Company to avoid any
further damage or loss. The Client will not be able to
place orders until his/her data have been replaced.
7.8.
Cooperation of the Client is required in any
investigation conducted by the Company in cases of
information and data leakage or inappropriate use of
information. Moreover, the Company will not be held
liable in cases of unauthorized access.
8.1. With the general terms and conditions herein, the
Company shall bear no responsibility in the event of
any technical error or malfunction of any lines or
network. The Client shall solely bear all the
corresponding risks and consequences upon entering the
Site and using the services offered. The Company will
not be liable for any damages or losses that will
arise upon the suspension or termination of the Site
or any of the services provided.
8.2. The Client
acknowledges that by his/her use of the Site and other
sub-sites operated by the Company, all information,
software, products, and services are provided without
warranty, and the Company disclaims any warranty,
whether expressed or implied.
8.3. The Company
shall not be responsible in the event of systems or
communication errors, bugs, or viruses relating to the
Services or the Client’s account or which will result
in damage to the user’s hardware or software and data.
The Company is not responsible for any occurrence of
any omission, interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized access
to, or alteration of data or information and any
direct or indirect loss.
8.4. To the full extent
permissible by law, the Company disclaims the
responsibility of being liable, even if the Company
was notified of such danger. This includes any damages
for loss of revenue or data incurred by the user or
any third party, whether in action for contract or
tort arising from the access to the Site, whether
direct, indirect, incidental, or consequential. The
Company is not responsible for instances of failure
and malfunction regarding the system, servers or
providers, computer equipment, software website,
Wi-Fi, Bluetooth, computer, mobile Site, or mobile
application.
8.5. The Client will secure the
Company from any legal responsibility against all
direct and indirect claims, losses, expenses, and
liabilities arising from breach of this Agreement and
use of the Site and the services. The Company shall
bear no responsibility for assessing whether or not
the Client understands the nature and risks associated
with using the services or whether or not the Client
has the necessary knowledge or information regarding
the Company’s services.
8.6. The Company shall
not be held liable for any loss, expenses, or damages
suffered by the Client arising from any inaccuracy or
mistake in any information, recommendation, news,
information relating to the transactions, market
commentary, or research that the Company provides. The
Company has the right to void or close any transaction
during any circumstance specified in the Agreement.
Subject to this right, any transaction after such
inaccuracy or mistake shall nevertheless be considered
valid and binding for all intents and purposes on both
Parties.
8.7. The Company will not be held liable
for the possible damages and losses that may arise
during the (but not limited to the) following:
A.)
Any mistakes and miscalculation in the usage and
handling of the Company’s Online
Trading
System
B.) Any continued or prolonged delay by
the Client Terminal
C.) Arrangements,
negotiations, and settlements that are made through or
by the Client Terminal
D.) Any event where the
Company fails to fulfill its obligations under the
Agreement that leads
to a Force Majeure, or any
similar occurrences beyond the Company’s control
E.)
Any event where any third party has committed an act
of negligence or exclusion
Misuse and mishandling
of any information made and given by the Company to
the Client ea. Access Data
G.) Every order or
instruction made under the Client’s Access Data
H.)
Prohibited engulfment of any accessible information
via a third party or a third person such as electronic
addresses, electronic communication, personal data,
and Access Data through the means of the internet or
other network communication facilities
I.) Any
event where an Order for Execution is postponed or
suspended
J.) Currency uncertainty and
unpredictability
K.) Failure to meet the set
deadline
L.) Risks and unpredictability that
relate to derivatives trading
M.) Any omission
and swings on the current tax rates
N.) Any event
where the Client takes guidance and direction through
or on Trailing Stop and Expert Adviser, which is
considered as illegal trading
8.8. The Company
holds its right against any liability claims in the
events mentioned above that may include (but are not
limited to) losses, damages, profit-loss, opportunity
loss, and other relative affairs or phenomena that the
Client may suffer under the Agreement.
8.9. The
Company has the responsibility to protect the entire
Site from any potential malfunctions. However, if
technical failures occurred in the system for any
reason, the Company will then have the right to cancel
any participation in any of the offered services.
Additionally, the Company will only be liable to the
Client’s involvement, which would include the
participation fee done in any of the services; the
trading account will be credited accordingly.
8.10.
The Company also reserves the right to withdraw,
dismiss, alter, or end any services if, for any
reason, the services cannot be directed or used as
planned. This will include but is not limited to
infection by computer virus, bugs, tampering or
unauthorized intervention, fraud, technical failures,
or any other causes beyond the Company’s control.
8.11.
If any inaccuracies and miscalculations result in
awarding payouts to the Client or in an increase in
payouts owed or paid by the Client, he/she shall not
be entitled to these payouts. The Client is required
to advise the Company of the error directly and shall
recompense any payouts credited to his/her trading
account.
8.12. The Company has the right to
limit, refuse, or terminate trades made by the Client
regardless of whether the termination was attributable
to his/her actions with any third party. The Company
would credit an account once an act of fraud or any
other actions taken against the Company or any third
party if it affected the Client’s participation
fee.
8.13. The Company reserves the right to
amend, modify, or discontinue, from time to time, any
of the bonuses and promotions or introduce new
Services, bonuses, and promotions, without prior
notice. The Company is not responsible for any damages
that the Client undergoes.
9.1. All information from the Client received through
the Registration Form or as submitted by the Client is
considered valid, accurate, and complete. The
documents provided by the Client and approved by the
Company are also expected to be genuine, authentic,
and valid.
9.2. The Client affirms that he/she
has read and understood the terms and clauses of this
Agreement. This includes the use of information and
documents through:
A.) Authorization by the
Client to pursue an Agreement and to proceed with
orders
B.) Make pleas and directives to execute
some or all obligations hereunder
9.3. The Client
vows to act as the primary representative and does not
act on behalf of someone else. If such an event
happens, the Company can add an exception provided
that a written request was submitted. The relevant
request must be supported with necessary documents and
information before receiving approval from the
Company.
9.4. The Client affirms that he/she is
the individual who finished the relevant Registration
Form, or if otherwise happens:
A.) The Client is
a part of a company of an individual
B.) The
Client permits, on his/her behalf, any authorization
to do so
9.5. The Client accepts to operate and
function under this Agreement and pledges not to
transgress, breach, and infringe the existing laws and
rules applicable to the Client and the jurisdiction
and legislation in which the Client is located.
9.6.
The Client affirms that the proceeds and funds he/she
uses were not acquired illegally or through fraudulent
activities and are not used to reinforce and finance
terroristic behaviors and terrorist groups.
9.7.
The Client further affirms the following before using
the services of the Company:
A.) The funds used
are free of charges and other similar obstructions.
B.)
The Client agrees to understand their chosen type of
Financial Instrument and accept the risks that come
with it.
C.) The Client vows that he/she is not
Politically Exposed.
D.) The Client acknowledges
that the current market and the Financial Instruments
will hold
no restriction but seldom consider the
Client’s nationality and religion.
9.8. The
Client agrees and understands that trading derivatives
is not meant for all of the conglomerates and that
there is a higher risk that entails significant losses
and damages that vary from small scale to large scale.
Such costs include but are not limited to loss of
money, additional expenses, and other commissions.
9.9.
Acknowledging trading in the financial market carries
many speculations. The Client must understand that
he/she cannot request a chargeback for the Company’s
services regarding the trading platform, e.g., Client
area, news, and signals. Upon filed chargebacks, the
Client consents that his/her trading account will be
inaccessible or terminated at once.
9.10. The
Client agrees and understands that trading with the
Company’s Online Trading System carries the same risk
and instability as the derivative. The Client is not
required to deliver any of the Underlying Assets of
the derivatives, neither the ownership thereof.
9.11.
The Client agrees and understands that trading any
derivative means that he/she is trading for the
possible outcome and the potential price of the
current and Underlying Asset and that the actual
derivative trading does not materialize on the
Regulated Market, instead of through the Over-The-
Counter or OTC.
9.12. The Company does not hold
responsibilities and liabilities when the Client is
introduced to etradingaccount.com through an
Introducer. The Company hereby states that the
Introducer is not affiliated with the Company and
holds no attachments to its agreements and
conditions.
9.13. The Client agrees and
understands that the Agreement made with the
Introducer entails new costs, which include charges,
payments, and commission.
10.1. The Company may collect Client information and
personal details from several groups or governing
agencies such as banks, financial institutions, fraud
prevention agencies, regulatory agencies, and
registered public providers. The Company will treat
the Client’s information as confidential. Collected
information will not be used for any other purposes
other than in connection with the investigations held
by the Company.
10.2. The collected information
and details of the Client include his/her complete
name and address, date of birth and age, country of
the current and original residence, email address, and
contact number. The Company may also request the
Client’s objectives and other relevant information to
complete his/her trading account portfolio. The
required documentation from the Client includes
his/her identification cards and numbers, certificate
of residence, and other registration numbers. The
provision of all required documents complies with the
KYC Process.
10.3. The mentioned documents and
information can be collected by the Company when the
Client registers on the Site, by completing any
electronic form on the Site, and through sending or
submitting scanned copies of the documents.
10.4.
The Client acknowledges and confirms that all types of
communication between the Company and Client (e.g.,
Telephone conversations, SMS, email, and so) are
recorded and saved by the Company. Furthermore, the
Client understands and gives his/her full consent that
the recordings may be used in the future as validation
for communication between the Parties.
10.5. The
Client’s information may be disclosed in the following
circumstances:
A.) Request from the law or high
court.
B.) Regulatory law requests from the
jurisdiction that has the power over the Company and
its associates.
C.) Third-party execution where
orders and other ancillary purposes require such
information.
D.) An investigation by related
authorities in the prevention of illegal activities
such as fraud and money laundering.
E.)
Professional advisors from the Company with the
confidential nature of the Company being informed
beforehand.
Company affiliates to provide
complete services to the Client.
G.) Third
parties in charge of maintaining and processing the
system database, as well as record keeping companies
and other similar service providers.
H.)
Authorized organizations for legal purposes.
10.6.
The Company is working closely with various financial
institutions (banks, credit card companies, and
fintech companies) as part of the regular course of
business. Therefore, the Company and its affiliates
are entitled to obtain records of the financial
transactions made by the Client.
10.7. The
Company is not obliged to provide the Client with any
information or records, including internal documents,
and therefore may decline requests from the Client to
protect the data privacy of the Company and to prevent
the illegal use of data.
10.8. In some cases, the
Company may request additional documentation
requirements to further verify the Client’s
identification or transaction. Documentation may vary
among countries where the Client resides. The set of
required documents may also vary depending on the
payment method used by the Client, as required by the
payment provider. The Client must comply accordingly
with the additional documentation request to avoid
issues in his/her trading course.
10.9. Agreement
to these terms affirms the Client’s consent to his/her
data being placed under these
provisions and the
laws of the jurisdiction where he/she currently
resides.
10.10. Any status confirmation, account
status, confirmation on orders, and other messaging
transactions between both parties may be sent through
an electronic form where the Company will keep a
record.
10.11. The Client should provide a
working and valid email address for regular business
communication with the Company. The Client will be
responsible for informing the Company of any changes
in his/her email address and any other relevant
information. The Client may contact the Company in
cases of irregular confirmation messages and other
similar issues via email.
10.12. The
authorization of the transactions made by the Client
is compelled to the approval of the Company. This
includes electronic resolutions where the transaction
will be valid only after it received the approval of
the Company. Permission for third-party transactions
will only be given after the Company receives a
written consent from the third party to conduct the
transaction and a written consent of the Client for
this transfer.
11.1. All services the Company provides are subject to
charges that the Client has to pay, such as commission
fees, taxes, daily derivative funding, and other
costs. The Company can rightfully impose such charges
under the contract specifications provided by the
Company.
11.2. Fees, commissions, and other
benefits in non-monetary form may be paid to the
Company from third parties, as well as other parties
allowed under the written applicable regulations when
services are provided to the Client. Details of costs
that the Company is required to pay on behalf of the
Client will be issued accordingly.
11.3. The
Client may also be held liable in situations when the
Company has not collected other relevant taxes. The
Client may consult third-party advisors in cases of
doubt or concerns over incurring more tax fees or
responsibilities.
11.4. The Client is held solely
responsible for any filing, tax returns, and reports
on any transaction which should be made for any and
every relevant authority. The Client is liable for
paying all taxes, whether brought about by or in
connection with the transaction made with the
Company.
11.5. Costs or other fees not paid under
the signed agreements or this Agreement will be
subjected to an interest rate on an annual basis for
each working day until the amount is settled.
11.6.
The Client acknowledges and consents that a quality
condition will be imposed on his/her trading account
during the trading course. The Company is authorized
to charge fees from the account if the Client does not
meet the quality requirements as determined by the
Company.
11.7. The Client must pay the commission
charges according to the deadline that was set by the
Company. Failing to do so will result in restrictions
on the trading account and, if necessary legal
consequences. A prior notice regarding the fees and
the balance of the account is given before the payment
date.
11.8. The Client confirms and agrees to pay
commission to third parties that assist in initiating
and sustaining a business relationship between the
Company and third-party providers. This includes
discounts, commissions, spreads, and profit-sharing.
The Company may apply a 4% annual interest rate,
excluding the daily interest rate as determined based
on the status of the trading account.
11.9. Deals
of shares that were not completed in the trading
platform will be debited with 1% to 5% (based on the
leverage of the trading asset), where the amount in
percentage will be deducted from the trading account.
The Client fully understands, agrees, and confirms
that the Company can stop an ongoing trade gradually
in order to make up or minimize the floating loss from
the total floating profit or variable profit.
12.1. Acceptance of the bonus and credit to the
Client’s account binds the Client to the bonus terms
and conditions. Bonuses that are credited cannot be
retracted or removed by any means unless stated
herein. Promotions, bonuses, and benefits that are
provided are subject to this Agreement. The decision
to offer bonuses, promotions, and benefits is
absolutely at the Company’s unreserved discretion.
12.2.
Should the Client request for a withdrawal of his/her
account’s bonus, the Company at its sole discretion
will evaluate the Client’s account before allowing the
Client to withdraw if he/she has met the required
trading volume, which may change from time to time
without prior notice.
12.3. If the Client
requests for a withdrawal of his/her bonus during the
period in which he/she has not met trading volume
requirements, the full amount of his/her bonus,
including profits, will be forfeited, and the bonus
amount will be deducted to the Client’s remaining
account balance. Only then will the Client be able to
manage his/her remaining balance.
12.4. Should
the Client be a part, or suspected to be a part of any
fraudulent activity which the Company forbids, the
Company, in its sole discretion, may cancel the bonus
or promotion and block the Client’s account. The
Company reserves the right to terminate any Agreements
made between the Client and the Company, which shall
forbid the Client to use any of the Company’s
services.
13.1. The Company reserves its right to hold the
Client’s account and its existing funds following the
Applicable Regulations unless the Client and the
Company perform a written contract between the
relevant parties. This means that the Company will
continue to segregate the Client’s money and is voided
for the internal and external use of the Company’s
agenda and business. Furthermore, the Client’s capital
can be combined with other Client money in the same
bank account. Overnight deposits are also acceptable
with the inclusion of keeping any interest.
13.2.
The Company reserves its right to deposit the Client
money on any third party given they have a security
interest, lien, or right of set-off concerning that
money. Another circumstance where the Company can
deposit the Client money to a third party is for
collateral or margin purposes.
13.3. Furthermore,
the Company holds the right to create an unsecured
claim against the third party on behalf of the Client.
This event may lead to uncertainty and perils; in such
a case, the Company will not be held liable nor
responsible for the varying results.
13.4. Profit
and loss from Derivatives trading are automatically
deposited or withdrawn from the Client’s
existing
Client Account once the transaction closes.
13.5.
The Company has the right to close a Client’s account
if its balance reaches the Company’s minimum required
deposit, which may vary in different currencies and
account types. Furthermore, the Company, with its sole
discretion, can charge the Client with the possible
bank charges or any related charges to his/her trading
account. The Company will notify the Client in case of
such charges.
13.6. The Company holds the right
to charge a specific amount for account maintenance of
the trading account that has idly existed for a year
or more; this is to maintain the Client Account and
keep it open and is for the existing bank charges and
other related entrustments.
13.7. The Company is
entitled to close the Client’s account and to charge
the Client a maintenance fee if the account continues
to be inactive for a year or more. An inactive account
will result in a fee. Notification regarding the
inactivity fee will be given to the Client via email
before the actual deadline.
13.8. In case of
trading account inactivity for one month or more, or
if the amount of the most recent withdrawal request is
equivalent to the balance of the trading account, and
if the Client is not reachable over the communication
resources, then this will be considered as a request
for account termination. Due to that, the Company
reserves the right to start an automatic closing
account procedure without prior notice.
13.9.
During the account closure procedure, the Company may
apply several actions on the account:
A.) Daily
fees for non-activity.
B.) Cancellation of
profits generated from the received credit funds if
the Company finds out
unsettled obligations from
the Client’s side.
C.) The bonuses received on
the credit funds on the trading account might be
deducted from the total Equity of the account.
D.)
Account closure fees in case of unsettled obligations
towards the Company.
E.) The signing of account
closure confirmation.
13.10. The Company shall
have a general lien on the Client’s cash as held by
the Company or its Associates
on behalf of the
Client until the Client fulfills the relevant
responsibilities.
13.11. If the Client’s total
amount of payable matches the Company’s, the firm will
have the power to
regulate the mutual
responsibilities to either make payments set off or
cancel them ultimately.
13.12. If the total
amount of payment by a single party surpasses the
total amount payable by the other party, the party
with the highest total amount shall cover the
remaining values of the other party. All
responsibilities to make payment will be automatically
gratified and cleared.
13.13. The Company has the
right to collect the entire Client accounts to
consolidate the balances in the said accounts and to
set off such balances.
14.1. Any client of the Company may deposit money into
their respective account at any time possible.
Deposits can be made through the methods accepted by
the Company, as indicated on the Site. The available
deposit methods may vary per country and account type.
The Company only allows deposit transactions of real
money and may also offer cryptocurrency deposits.
However, the accepted digital currencies may also vary
and change from time to time.
14.2. The Company
will credit the relevant trading account once the
deposit is successful. It will take at least one (1)
business day once the specified amount is settled with
the bank account of the Company. The required amount
will be the net of any subsequent transfer payments
plus any other charges incurred by the Company
regarding the Institution that holds the funds.
14.3.
Furthermore, the Company will also have the power to
decline any third-party or anonymous
payment
transactions for the Client’s trading account.
14.4.
The Client should know that the funds shall only be
deposited in his/her trading account once the Company
approves the transaction. The Company will then
identify if the Client or any legal representative
authorized the money that was deposited.
14.5.
The Company will have the right to reject any
transactions if it is either lacking in requirements,
illegal, or merely unauthorized. The Company will
consequently send back or return these funds despite
the transfer fees or any other charges experienced
during the whole process. The Company shall also send
funds back the same way they are transferred to the
Company.
14.6. If a Client wishes to transfer a
specific amount to another one, both parties should
sign and submit a particular instruction form to the
Company requesting such a transaction.
14.7. In
the event where the Client wishes to transfer funds
between two different trading accounts, he/she must
submit an official request, asking for the approval of
the Company. Approval is reliant on both trading
accounts being verified and without outstanding
dues.
14.8. The Client may place a withdrawal
request on the Site subject to the approval of the
Company. The withdrawal shall be made using the same
transfer method when acquiring the funds minus any
transfer fees or other charges incurred by the
Company.
14.9. The Company may also decline any
faulty withdrawal request applied by the Client. More
so, the Company, without the obligation, can suggest
an alternative if the Client was denied from a
specific transaction that he/she requested.
14.10.
The Company may put limitations on withdrawal requests
or limit the withdrawals of a specific account. The
Client should be aware that the minimum amount for
withdrawal requests via international Wire Transfer is
$50.00 and above. The Client agrees to comply with the
Company’s instructions to avoid restrictions on the
account or legal implications due to negligence.
14.11.
Once the Client fully meets the requirements,
including, but not limited to, below for the specified
transaction, the Company will then process the request
within two business days:
A.) The withdrawal
method with the correct and authorized data provided
by the Client.
B.) A banking instruction
directing the Company to transfer funds to/from the
Client’s account C.) The Client has an available
balance available for withdrawal, of which the minimum
amount shall be determined by the method of
receiving.
D.) The Client should not have any
pending or open trades in his/her trading account.
14.12.
The Company retains the right to abrogate any
withdrawal request if:
A.) An accurate and
complete bank identification details were not received
from the Client two months before the date of the
withdrawal request.
B.) The required document/s
or information needed to process the withdrawal were
not received from the Client two months before the
date of request.
C.) The Company has not been
able to reach the Client via emails or calls for over
two months after the withdrawal request.
14.13.
Availed bonuses or credits will be deducted
accordingly from the Client’s trading account when
making a withdrawal. The amount of the deducted bonus
or credit is reliant on the equivalent percentage of
the withdrawal amount.
14.14. A withdrawal
request will only be canceled after a notification is
sent to the Company via email. The Client consents
that if any of the mentioned events occur, the
withdrawal request may also be considered invalid.
14.15.
Withdrawals are exclusive to eTradingaccount Clients
only. The Company has the right to decline any
withdrawals done or requested through a third party or
anonymous accounts.
14.16. If the Client intends
to request a refund, he/she must follow the guidelines
in the Refund Process, as set out separately.
15.1. The Company provides the Client with the option
to appoint and designate a relevant third party to do
several tasks on his/her behalf. Third-party
appointing may include placing Orders, operating
separate matters related to the Client’s account, or
anything in this Agreement through a written
notification sent by the Client, which will then be
processed and fulfilled by the Company.
15.2. The
Company will also continue to take orders and
operations and will be held valid from the third party
until the Client forwards a written notice to cancel
such authorization. Revoking third-party authorization
must be sent 14 days before the effective date through
email.
15.3. The Client hereby acknowledges and
agrees that he/she shall bear the full responsibility
for assigning a third party for monitoring and
reviewing his/her trading account activity.
Furthermore, the Client will be liable for any losses
in the trading account made by the assigned
representative. This is also valid in cases of abuse
of authorization and fraudulent activity by the
appointed representative. The Company may annul in any
given time the nomination of the assigned
representative or the prior approval that was provided
by the Company.
16.1. In case of disagreement that may arise between
the Client and the Company for any reason whatsoever,
those affairs must be sent via email.
16.2.
Conflicts include when the Client refuses to complete
obligations towards the Company, or when the Client
notices a contradiction between the displayed trading
results and those that should have been shown, or if
the Client has a solid case to terminate this
Agreement. In those cases, the Client must take
immediate action to amend such a situation by
contacting the Company on the available means of
communication, as mentioned on the Site.
16.3. In
order to file a complaint, the Client is requested to
contact the Company’s customer service by sending an
email to [email protected]. The email must
include a detailed complaint, specifying what
happened, when it happened, and, if needed, backed up
with evidence. The Client is obliged to use the
registered email, known by the Company, for
identification and further assistance by the Company.
Not doing so will release the Company from any
obligation to process the complaint. The Company
undertakes to answer within 30 days from the date the
claim was submitted. In case the Client has limited
access to his/her registered email, he/she must
directly inform the Company by email before submitting
his/her discrepancy request.
16.4. The Company
will review the complaint in the following 30 days
from the date it was submitted. During this period,
the Client must not make public statements regarding
the claim on other websites (such as social media,
forums, review websites, and the likes). Failure to do
so will result in a fine for reputational damage,
where the minimum amount the Client will be obliged to
pay is $1,000.00 and can go up to $500,000.00,
depending on the severity of the violation.
16.5.
For the Client to reserve his/her rights to mitigate
any losses, he/she must comply with these actions. If
the Client fails to do so, he/she will be responsible
for the consequences of his/her actions. This is
despite the future impact of profit or loss on the
total result of the profit and loss.
16.6. The
Client will fully cooperate with the Company to get to
a mutual understanding regarding the dispute. The
Client acknowledges and consents that intimidation and
extortion against the Company are forbidden. Such
actions justify putting an end to the negotiations and
terminate at once all business collaborations between
the Parties.
17.1. Termination of this Agreement will be approved
only after receiving a written request from the
Client, specifying the reason for termination. The
request needs to be sent to email, and the Client must
take action to close all existing obligations to the
Company. The Company will review the request within 14
business days and will confirm the Client
thereafter.
17.2. The actual termination of the
Agreement will exclude any commitment that was
contracted before the termination date by either
party. This is to pave the way for the ongoing deals,
trades, or any legal rights or obligations that were
previously agreed upon, be it with Transactions or
operations under the deposit and withdrawal.
17.3.
In the event of termination of this Agreement, the
Client must act to fulfill all existing obligations.
After the termination of the Agreement, the Company
may demand the Client to complete additional
responsibilities regarding the agreement period. The
Client must fulfill all his/her obligations in order
to avoid the Company from taking disciplinary
measures, e.g., Revoking his/her accumulated profits.
The Company is free to make modifications and alter
the Agreement before the termination without prior
notice.
17.4. In the event of termination, the
remaining amounts of payables left behind by the
Client will promptly become due and payable, including
(but not limited to):
A.) Every remaining and
pending costs and amounts payable to the Company.
B.)
The remaining reserves and funds that are compulsory
to close the positions that the Client opened.
C.)
Any remaining outlays and fees from the termination of
the Agreement and charges that may add up when the
Client decides to move his/her existing investment to
another investment firm.
D.) Every remaining
balance and costs the termination entails, including
concluded transaction fees and other remaining
responsibilities done by the Client with the aid of
the Company.
E.) Every charge and fee imposed or
planned to be imposed by the Company as results of the
Agreement termination.
F.) Any potential damage
compensation that transpired while the arrangement
takes place or any other agreement of unsettled
responsibility.
G.) Client’s fund transfer
payment.
H.) Every commitment to finishing any
existing trading volumes
17.5. The Company also
reserves the right to do the following without prior
notice in the event of an Agreement termination:
A.)
Retain and hold the Client’s existing funds as the
potential payment for the entire
persisting
obligation the Client has with the Company.
B.)
Amalgamate all of the Client’s existing accounts and
integrate all the remaining balance of
the said
accounts as an effort to indemnify the reported
balances.
C.) Suspend the Client’s account or
thoroughly close the Client’s account.
D.)
Apprehend and hold the Client’s ability and power to
access the Company’s online trading
platform.
E.)
Convert existing currencies on the Client’s funds.
F.)
Eliminate and adjourn every Open Position and decline
orders from the Client.
17.6. The following
events compose an “Event of Default”:
A.) The
Client is proven to be engaged in any form or use of
arbitrage, expert adviser, or other illegal activities
as instituted in this Agreement.
B.) The Client’s
failure to issue and comply with any initial margin
and hedged Margin, or any
failure to comply with
the obligations and commitments under this
Agreement.
C.) Any delineation from the Client
that is proven false.
D.) The Client’s inability
to compensate for any possible dues and obligation to
the Company.
E.) The event where the Client dies
or is deemed lost or absent.
F.) The event where
the Client tags the Company in any fraudulent or
illegal activities.
G.) The circumstances where
the Company considers the Client involved in any form
or way of money laundering and other punishable
criminal activities.
17.7. In case of a Client’s
death or if incapacitated to perform or continue legal
obligations, the first- degree relative of the Client
shall be the successor of the Client’s trading
account. The relevant first- degree relative must
provide the required documents to inherit the account
accordingly. Required documents may include, without
limitation, a valid I.D., bank details, and proof of
relationship with the Client (such as contracts and
certificates).
17.8. The Client hereby confirms
and agrees that immediate termination of his/her
account, without prior notice, will be executed in the
following cases:
A.) No transactions are being
made on the account, or it is passive for 60 days or
more.
B.) The latest withdrawal request is equal
to the total balance of the account.
C.) The
Client cannot be reached in all forms of communication
known to the Company.
17.9. The Client can
confirm the platform terms of use by email. The
Company shall be entitled to take the following
actions with the occurrence of such events:
A.)
Offset bonuses or credit funds from the total balance
in the trading account.
B.) Freeze the profits
derived from the credit funds or bonuses despite the
ongoing commitments of the Client.
C.) Charge
daily fees for inactivity.
D.) Charge termination
fees in case of unsettled obligations of the
Client.
E.) Abolish this Agreement and execute
any, if not all, of the actions stated in the
Termination of Agreement.
F.) Amalgamate all the
Client’s existing accounts and integrate all the
remaining balance of
the said accounts in an
effort to indemnify the reported balances.
G.)
Suspend or thoroughly close the Client’s account.
H.)
Apprehend and hold the Client’s ability and power to
access the Company’s online trading
platform
system.
I.) Eliminate and adjourn every Open
Position.
J.) Decline the Client’s orders.
K.)
Decline the Client’s request to create a new
account.
17.10. The event of Force Majeure
encompasses, with or without limitation, the following
occurrences: A.) Government actions, which may include
war, a threat of war, acts of terrorism, national
emergency, riot, civil disturbance, sabotage,
requisition, and economic and political crisis.
B.)
Natural Calamities: earthquake, tsunami, hurricane,
typhoon, accident, storm, flood, fire, epidemic,
pandemic, or other persisting natural threats that
were not mentioned.
C.) Labor debates and similar
lockdowns.
D.) Delay and deferment on the market,
e.g., A regulatory ban or any other legal decisions
from the government and other governing bodies in the
current market.
E.) The temporary banning of any
financial services from the government and other
governing bodies in the current market.
F.)
Technological difficulties, including system failures
and breakdowns, and a whole scale malfunction.
G.)
The adjournment and suspension of any current market
or the actual event where the Company is asked to
relay its Quotes.
17.11. If any of the
aforementioned events or situation happens, or a Force
Majeure event happens, the Company reserves every
right to do the following actions:
A.) The
Company can and will increase the existing margin
requirements without any prior notice.
B.) The
Company can and will close every existing Open
Position. C.) Apprehend and revamp the existing terms
and this Agreement. D.) Increase or decrease the
existing spreads.
E.) Increase or reduce the
current leverage.
17.12. The Company will not be
held liable for any type of losses or damages that may
occur in any failure or negligence during the event of
a Force Majeure.
17.13. A request for Agreement
termination or cancellation of services will not
relieve both parties from the agreed and existing
legal obligations. Furthermore, invoking Force Majeure
might only defer the legal obligations herein of the
relevant party. The Company has the right to establish
an extended period before the concerned party can
entirely terminate this Agreement and other contracts,
where obligations may continue after a certain period
of recovery as applicable.