Notice
Please read these terms and conditions carefully. By accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by A3Trading unless otherwise indicated.
Trademarks
A3Trading and the A3Trading are trademarks and service marks of A3Trading and are used and/or registered throughout the world. A3Trading and their subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages.
Use of information and materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of A3Trading's web sites and systems including but not limited to unauthorized entry into A3Trading's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by A3Trading and/or its affiliates.
Links
This site may contain links to web sites controlled or offered by third parties (non-affiliates of A3Trading). A3Trading hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this website. By creating a link to a third party web site, A3Trading does not endorse or recommend any products or services offered or information contained at that web site, nor is A3Trading liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of A3Trading and the third party website may provide less security than the A3Trading.
INFORMATION CONTAINED HEREIN has no regard to the specific investment objective, financial situation or particular needs of any specific recipient. The content herein is published solely for informational purposes and is not to be construed as a solicitation or an offer to buy or sell any spot currency transactions, options, derivative products, futures, or other securities or related financial instruments. The content is based on information obtained from sources believed to be reliable but is not guaranteed as being accurate, nor is it a complete statement or summary of the markets of developments referred to in the content. This information should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions expressed in this content are subject to change without notice and A3Trading is not under any obligation to update or keep current the information contained herein. Spot foreign currency transactions, options, derivative products and futures are not suitable for all investors, and trading in these instruments is considered risky. Past performance is not necessarily indicative of future results. A3Tradingaccepts no liability whatsoever for any loss or damage of any kind arising out of the use of all or any part of this content. No part of this content may be reproduced or distributed in any manner without the written permission of the provider via the Internet or otherwise. A3Trading accepts no liability whatsoever for the actions of third parties in this respect.
No warranty
The information and materials contained in this site, including text, graphics, links or other items are provided “As Is”, “As Available”. A3Trading does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
Limitation of liability
In no event will A3Trading be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if A3Trading, or representatives thereof, are advised of the possibility of such damages, losses, or expenses.
Submissions
All information submitted to A3Trading via this site shall be deemed and remain the property of A3Trading and A3Trading shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides A3Trading through this site. A3Trading shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the A3Trading entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing A3Trading's responsibilities and obligations to customers in accordance with the A3Trading Privacy Notice for Clients.
Availability
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
CUSTOMER TRADING AGREEMENT:
This agreement and any further documents (Trading Benefits Terms & Conditions, Risk Disclosure, Beneficial Owner Declaration) shall constitute the entire Customer Trading Agreement (collectively referred to as the “Agreement”)
BETWEEN
Securcap Securities Limited, a company formed, registered, having its registered address at Room B11, First Floor, Providence Complex, Providence, Mahe, Seychelles and licensed in Seychelles, operating under the brand name of A3Trading (hereinafter “A3Trading” and/or the “Company”); AND Any end user (“Client”) (each a "Party" and together, the "Parties" and words importing the masculine shall also import the feminine and vice versa) By entering into the Agreement , the Client has read and understood and accepted the information under the title “Trading Benefits Terms & Conditions ", that form part of this Agreement, as this information is provided on the Website. WHEREAS A3Trading provides investment services through a trading platform (the “Trading Platform”) including Contracts for Difference (CFDs) spot and forward foreign currency contracts, foreign currencies swap transactions, and such other transactions as A3Trading may from time to time make available (the “Services”); and, WHEREAS The Client wish to open an account with A3Trading in order to use the Trading Platform and to enter into investment services transactions with A3Trading; and,
THEREFORE THE PARTIES AGREE AS FOLLOWS
1. General Provisions
The Services may involve margined transactions, requiring Client to deposit cash to secure its obligations under this Agreement (“Security Margin”); 1.2. Direct Relationship- Unless otherwise agreed in writing, A3Trading and Client each enter into this Agreement as principal and A3Trading will not accept an undisclosed/unapproved principal acting through Client. With regard to such a principal, Client agrees to provide A3Trading with its identity, personal information, and other information that A3Trading may seek; 1.3. Information Services - From time to time A3Trading may provide the Client with access to various information and content via A3Trading Website or Trading Platform. Furthermore, A3Trading may provide the Client with links to third party websites that may include information. This information is supplied "as is" and is for guidance only. Use of such information is entirely at the Client’s own risk. To the fullest extent permitted by law, A3Trading make no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information. A3Trading shall not be liable for any action taken by the Client as a result of the Client relying on any of this information or for any loss or damage suffered by the Client as a result of you using such information or any third party website linked to A3Trading. No information provided shall be deemed as assurance or guarantee on the results of any trade; 1.4. No Investment Advice - Client hereby acknowledges that the Services do not include the provision of investment advice and/or the provision of personal recommendations in respect of one or more transactions relating to one or more instruments. Any information that may be provided aims merely to assist the Client’s investment decision making and does not constitute investment advice; 1.5. No Physical Delivery of Underlying Instruments - the Client hereby acknowledge that entering into trades through the Trading Platform does not result in the physical delivery of currency or of the underlying instrument and that trades are cash adjusted or closed by the Client taking an offsetting position. For this reason, open trades will always be closed with A3Trading and the Client’s account will either be credited or will be debited according to the profit or loss made on the trade; 1.6. Errors - Quotations provided by A3Trading, via third parties or otherwise, may be incorrect for any reason. Following a transaction involving such quotation errors, A3Trading in its discretion reserves the right to correct the affected account balance. Any dispute arising from such errors or corrections will be resolved on the basis of the fair market value of the relevant currency at the time of the error; 1.7. Market Fluctuations - Client acknowledges that the market for currency is subject to sudden changes due news events and other announcements, acts of war or terrorism, power failures, strikes or civil commotions, business trends, political developments, fluctuations in other financial and commodity markets, and other factors beyond A3Trading's control. A3Trading may determine in its sole discretion that an emergency or exceptional market condition exists, in which case it reserves the right to impose trading limits or special terms, cancel or suspend any transaction, or close an account; 1.8. Trading Indices - The Client hereby acknowledges that he is aware that in the case of Contract for Difference (CFD) trade, A3Trading shall open its trading within 5 minutes of the opening of the relevant market. A3Trading reserves the right not to accept any trade of such instrument during the first 5 minutes of the trading day. A3Trading reserves its right to cancel any trade, in its own discretion, of such instrument made during the first 5 minutes of the trading day; and 1.9. Risk Disclosure- the Client understands that the Services offered by A3Trading include trading products which involve substantial risk that is not suitable for everyone. The Client acknowledges that you fully understand the nature and risks of the Services and related trading products and the Client accepts that under no circumstances will any losses incurred as a result of the use of the Services be recoverable from A3Trading.
2. Client Instructions and Order Execution
2.1. Client may provide oral or written instructions to A3Trading to place an order. Written instructions may be given by letter, fax, the A3Trading website, cellular or other electronic means of communication. Oral instructions may be given in person or by telephone, but A3Trading may require written memorialization of such instruction. In case of an order received by the Company in any means other than through the electronic Trading Platform, the order will be transmitted by the company to the electronic Trading Platform and processed as if it was received through the electronic Trading Platform. The Client accepts the risk of misinterpretation and/or mistakes in the instructions and/or Orders sent through means other than the electronic Trading Platform, regardless of how they have been caused, including technical and/or mechanical damage. Once an instruction has been given, it cannot be rescinded, withdrawn or amended without A3Trading's express consent. A3Trading shall not be obligated to confirm instructions; 2.2. A3Trading may request new instructions from Client, which shall provide them promptly; 2.3. Client shall advise A3Trading of the identity of any persons authorized to give instructions. Such notice shall be in writing and shall set out the names and specimen signatures of the persons so authorized. Any such authority may be revoked by notice in writing by the Client but such revocation shall only be effective upon written confirmation by A3Trading; 2.4. The Client will be solely responsible for all orders, and for the accuracy of all information, transmitted via the Internet using Client’s name or personal identification code. Such transmission shall not give rise to a binding contract between A3Trading and Client until A3Trading accepts or acts upon it; 2.5. If A3Trading does not receive instructions from Client to settle open positions by the close of a given business day, A3Trading is authorized (but not obligated) to rollover orders to the next business day; 2.6. In case a rollover is made, the Client will be charged with a fixed rollover fee of his trading account current exposure on 00:00 GMT regardless of any interest rates differences. A3Trading shall not be liable, and Client shall defend, indemnify, and hold harmless A3Trading, for any loss, expense, cost or liability, arising from error in instructions; instructions or other communications transmitted over the Internet; Client's failure to notify of revocation of authority; Client's failure to issue new instructions on A3Trading's request; remedial measures by A3Tradingin its absolute discretion upon such failure; A3Trading 's actions on instructions transmitted via the Internet using Client’s name or personal identification code or from an individual who appears mistakenly to A3Trading to be an authorized person; or A3Trading 's refusal for any reason or no reason to act upon instructions; 2.7. Withdrawal Instructions - The Client may withdraw all or part of the available funds deposited with A3Trading upon the fulfillment of the following accumulative conditions: 2.7.1. the Client has provided all compliance or any other required documents to A3Trading; 2.7.2. the Client submitted a Withdrawal Request through the Trading Platform providing all the necessary information; and 2.7.3. It does not hold any open positions in the Client’s trading account with A3Trading; Withdrawal by means of Bank Transfer is limited to a minimum amount of 50 USD. 2.8. A3Trading shall execute the Client’s withdrawal within 120 working hours once all the above conditions are met and upon approval of such by the A3Trading Back Office Department. The Client acknowledges that fund transfer times may vary according to his account type, issuing bank, intermediary bank, receiving bank, destination country or any other 3rd party involved in the transfer of funds. Withdrawal of funds may also be subject to restrictions imposed by or in connection with the receiving Bank. A3Trading shall not be liable for any fund transfer delay caused by such 3rd party and/or wrong banking information details provided by the Client; 2.9. A3Trading reserves the right and the Client acknowledges and agrees that in case the Client performs a withdrawal, A3Trading can remove and/or adjust any allocated trading benefit; 2.10. The Client acknowledges that the requested transfer of funds may be charged with additional transfer fees from 3rd parties to the transfer. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from his subaccount to his designated bank account. A3Trading does not charge any withdrawal fees. In addition, the Client acknowledges that in case the received funds are converted to any other currency other than US Dollars, some exchange fees may apply. The Client is fully responsible for payment details, given to A3Trading and A3Trading accepts no responsibility for the Client‘s funds, if the Client‘s given details are wrong. It is also understood that A3Trading accepts no responsibility for any funds not deposited directly into the A3Trading‘s bank accounts; 2.11.Should a withdrawal request had failed to meet the withdrawal accumulative conditions set out above; the withdrawal request will be cancelled within 30 days of its request and the Client may re request for the withdrawal. Such withdrawal re request shall be subject to the withdrawal general terms as set out above; 2.12. The Client acknowledges that Anti Money Laundering Regulations does not allow the transfer of funds to any 3rd party other than the beneficial owner of the A3Trading trading account. In addition, A3Trading may require further documentation regarding the origin of funds and/or the beneficial owner in accordance with applicable Anti-Money Laundering & Counter-Terrorism Financing legislation as amended from time to time; 2.13. The Client further acknowledges and agrees that the costs, fees (e.g. rollover, inactivity), charges, commissions, leverage limits, execution rules, trading times and trading conditions are found on the Website and/or Trading Platform. A3Trading reserves the right to review any of its costs, fees, charges, commissions, leverage limits, execution rules, trading times and trading conditions from time to time; 2.14. While a Client has any open positions on the ex-dividend day for any of the Financial Instruments, A3Trading reserves the right to proceed with the closure of such positions at the last price of the previous trading day and open the equivalent volume of the underlying security at first available price after the market movement, on the ex-dividend day. A3Trading reserves the right, at its sole discretion; to disable the Client from opening any new positions on the ex-dividend day or prior to the ex-dividend day. In case of any unjustified profit, generated from ex- dividend activity, A3Trading reserves the right and without giving a prior notice to the client to re-adjust the profit (i.e. remove the profit); and 2.15. Orders: Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop on Financial Instruments are executed at the declared by the Client price on the first current price touch. A3Trading reserves the right not to execute the Order, or to change or to revert the opening (closing) price of the transaction in case of the technical failure of the Trading Platform, reflected financial tools quotes feed, and also in case of other technical failures. Under certain trading conditions it may be impossible to execute orders (Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, and Sell Stop) on any Financial Instrument at the declared price. In this case, A3Trading reserves the right, at its sole discretion, to execute the order or change the opening (closing) price of the transaction at a first available price. Events that might cause the abovementioned actions on behalf of A3Trading are considered to be the following, (the list is NOT exhausting): i. At times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange, trading is suspended or restricted. ii. In the trading session start moments which has as a result, placing a Stop—Loss Order will not necessarily limit the client’s losses to the intended amounts, because market conditions may make it impossible to execute such an order at the stipulated price.
3. Client Representations
3.1. he has read and understood, and agrees to the terms and conditions of this Agreement; 3.2. he understands the high degree of risk associated with foreign currency trading subject to unknown market movements and other factors which can give rise to losses exceeding the Client’s original Security Margin, and that he can afford to lose the sums that he remits to A3Trading and incur additional losses; 3.3. he does not have any legal disability with respect to, and is not subject to any law or regulation which prevents his performance of, this Agreement or any contract contemplated by this Agreement; 3.4. he has obtained all necessary consents and has the authority to enter into this Agreement (and if the Client is a corporation or similar entity, it is properly empowered and has obtained necessary authority pursuant to its organizational charter); 3.5. he is informed that for any orders placed with the Company for the financial instruments offered by the Company, the Company acts as an Agent and not as a Principal on the Client‘s behalf; 3.6. subject to this Agreement, all sums remitted to satisfy the Security Margin are and shall at all times remain free from any charge, lien, pledge or encumbrance; 3.7. he is in compliance with all laws to which he is subject including, without limitation, all tax laws and regulations, exchange control requirements and registration requirements; 3.8. the information provided by him to A3Trading is complete, accurate and not misleading; and 3.9. the foreign exchange market is unregulated and as such, he understands that he will not benefit from any statutory or other compensation scheme in respect of the Services.
4. Margin Requirements
4.1. The Client shall remit to A3Trading such amounts of money as required by A3Trading, in a currency acceptable to A3Trading, to cover Client's Security Margin and any account debit balance; 4.2. A3Trading will have no obligation to ensure Security Margin requirements have been satisfied by the Client before effecting an order and the Client’s payment obligations will not be diminished by any failure by A3Trading to enforce payment of outstanding Security Margins prior to entering into the transaction; 4.3. A3Trading may use any money received from the Client in order to satisfy A3Trading obligations related to such Client to any third party and A3Trading shall not be obliged to account to the Client for any resulting income received by A3Trading; 4.4. The Client shall promptly deliver any money payable by it under a third-party contract in accordance with both the terms of that contract and with any instructions given by A3Trading for the purpose of enabling A3Trading to perform its obligations under such contract; 4.5. A3Trading may (but shall not be obligated to) convert into another currency at an exchange rate acceptable to A3Trading any Client monies held by it as A3Trading considers necessary or desirable to satisfy Client’s obligations and liabilities; and 4.6. If the Client fails to satisfy a required Security Margin or other sum due under this Agreement, A3Trading may close out any or all open positions without prior notice and apply any proceeds thereof to payment of any amounts due to A3Trading. A3Trading reserves the right to return funds deposited by Client at any time with or without reason.
5. Spread rates, Margin and Leverage
5.1. A3Trading reserves the right to modify Security Margin requirements in line with the size of the Client's deposit, size of transactions, market conditions characterized by particular volatility or lack of liquidity, or other factors determined by A3Trading. A3Trading reserves the right to offer different spread rates in accordance with the size of the Client's Security Margin and/or positions; 5.2. Client is wholly responsible for verifying the activity of its accounts, as well its Security Margin requirement. Such requirements are available upon request or on the A3Trading website; 5.3. The 1 (one) standard lot size is the measurement unit specified for each Financial Instrument traded in the Electronic Trading Platform. The Company reserves the right to change the Contract Specifications at any time depending on the market situation. The Client agrees to check the full specification of the Financial Instrument before placing any order. A possible choice of a maximum leverage rate, according always to the account type, ranges from 1:10 up to 1:200 depending on the type of the account and at the discretion of the Company, all provided that in no event shall the exposure in a single account exceed 30 Million US dollars. At opening of a Client trading account, the leverage rate is predetermined according to the type of account chosen by the Client. The Client may request for a lower leverage to be applied to their trading account by contacting the Company; 5.4. The Company reserves the right to change the Client‘s trading account leverage at its discretion, either for a limited time period or on a permanent basis, by publication on the company website and/or written notice sent by mail; and 5.5. In case of absence of any trading activity for a period of at least three (3) months, the Company reserves the right to apply an administrative fee in order to maintain the account assuming that the Client Account has the available funds. The fee shall be announced in the Trading Conditions, on the Company’s website at all times. If the Client account is funded by a lesser amount and has been inactive for a period of three (3) months, the Company reserves the right to charge a lower amount to cover administrative expenses and close down the account. 5.6. In case of absence of any trading activity for a period as specified on the Company’s website, the Company reserves the right to apply a credit-out rule and remove any trading credit available in the Client’s trading account. The conditions for the credit-out rule are available at the Trading Conditions at the Company’s website at all times.
6. Right of Pledge, Lien, Set-Off and Retention
6.1. A3Trading shall, at any time and without prejudice to any other rights A3Trading may have, be entitled to combine or consolidate separate Client accounts, offset against each other the balances of any Client accounts (regardless of designation or currency of the account) or offset each balance individually. For any A3Trading claims arising from Services relating to Client, irrespective of the maturity dates of such claims or of the currencies in which they are denominated, A3Trading shall have a right of lien and pledge, and a right of retention, on all assets or security held in Client’s name or otherwise deposited with A3Trading, or any guarantee or indemnity given to or owedA3Trading by Client.
7. Default
7.1. Without prior notice to, or receipt of further authority from the Client, A3Trading shall have the right to close out all or any part of any position or account of Client, upon or at any time after the occurrence of any of the following events (each of which shall constitute an “Event of Default”): 7.1.1. Client fails to make any payment due under this Agreement promptly; or 7.1.2. Client fails to observe or perform in whole or in part any of the provisions of this Agreement or commits a breach of this Agreement; or 7.1.3. Client maintains parallel accounts for the purpose of arbitraging A3Trading promotions or policies, in A3Trading's sole discretion; or 7.1.4. Client dies, is declared absent or becomes of unsound mind. 7.1.5. A bankruptcy petition is filed in respect of the Client or, if a partnership, in respect of one or more of its partners or, if a company, any steps are taken or proceedings initiated or protection sought under any applicable bankruptcy reorganization or insolvency law by it in respect of itself or against it including, without limitation, the taking of any steps for the appointment of a receiver, trustee, administrator or similar officer to be appointed over its undertaking or assets or any part of them; 7.1.6. Client performs a credit card chargeback. In this case, any Client accounts will be frozen and all positions will be closed at the end of the trading day in a manner prescribed by A3Trading; 7.1.7. A3Trading or the Client is requested to close out a position or any part of a position by any governmental or regulatory agency or authority; 7.1.8. A3Trading considers it necessary for its own protection; 7.1.9. The Client acknowledges A3Trading’s right to close out all or any part of any open position of the Client held by A3Trading should a negative result of these positions lead to surpass the required Security Margin; 7.1.10. Client who engages or suspected in what is deemed, illegitimate, unlawful, unethical system abuse, system arbitrage, quotation arbitrage or any other trade that may be deemed at one point or another as a violation of trading standards be it based on the amount of time the transaction was opened or by virtue of the fact that the trade was opened inadvertently at an incorrect price, time, or instrument; or 7.1.11. In general, any breach of the Agreement including but not limited to any call for Margin, if there is a change in Client’s creditworthiness, if necessary to prevent a prohibition of any applicable law, regulations or good practice or if you fail to provide any documentation that we may require for the purposes of AML/KYC. 7.2. If an Event of Default occurs then A3Trading without notification to Client and in its absolute discretion can take such action as may be necessary to protect its position including but not limited to: 7.2.1. Closing one or more of Client’s trades; 7.2.2. Voiding or cancelling any of Clien’'s trades; 7.2.3. Cancelling any trades, orders or contracts or other commitments made with Client; 7.2.4. Closing or suspending Client’s account; and/or 7.2.5. Limiting Client’s access to the Trading Platform
8. Force Majeure
8.1. Acts beyond our Control. A3Trading are not liable for any loss or damage that the Client may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party or otherwise outside of A3Trading control. In such an event, A3Trading reserve the right to cancel or suspend A3Trading services without incurring any liability. 8.2. Failure of Equipment. A3Trading are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under A3Trading direct control or not, that may prevent the operation of the Services, impede the placing, amending or cancellation of trades or that prevent the Client from being able to contact A3Trading or use the Trading Platform. the Client acknowledge that there may be delays in processing an order or instruction to amend or cancel a trade and that the Client remain liable for the original Trade until any relevant amendment or cancellation is received and processed.
9. Tape recording of Conversation
9.1. The Client acknowledges that A3Trading may record all telephone conversations between the Parties. Such recordings or transcripts thereof shall remain the property of A3Trading and Client consents to their use as evidence by A3Trading in any dispute or anticipated dispute between the Parties under this Agreement. Any such recordings or transcripts made by A3Trading may be destroyed by it in accordance with its usual practice.
10. Amendments
10.1. A3Trading reserves the right to make changes to the Trading Platform, Website, costs, fees, charges, commissions, and trading conditions (i.e. leverage limits, execution rules, trading times) and to all guides and policies included on the Trading Platform or the Website, including this Agreement at any time. The Client will be subject to the guides, policies, conditions, trading conditions, fees and agreements in force at the time that the Client access the Trading Platform, place an order and/or enter into a trade. It is therefore the Client’s responsibility to check the guides, policies, Website, Trading Platform and this Agreement on a regular basis to ensure that the Client agrees with them, and the Client’s continued use of the Services will be deemed to be the Client acceptance of any changes A3Trading may make.
11. Termination
11.1. Termination by Notice- Either Party may terminate this Agreement by providing the other party with a written notice, of at least seven (7) days prior to the intended termination date. 11.2. A3Trading may terminate this Agreement immediately without giving the seven (7) days’ notice in the following cases: 11.2.1. An Event of Default; 11.2.2. Such termination is required by any competent regulatory authority or body; 11.2.3. Client violates any provision of this Agreement which in the Company’s opinion cannot be implemented or violates any law or regulation; 11.2.4. Client involves the Company directly or indirectly in any type or fraud; 11.2.5. Client is not acting in good faith and the Company has grounds to believe that; 11.2.6. Client’s trading activity affects in any way the reliability and/or operation of the Company; or 11.2.7. An unauthorized person is trading on behalf of Client. 11.3. It is noted that the Client shall need to proceed with the closing of any open trades prior to termination date. In such a case that the Client fails or omits to do so until the termination date in question, the Company will proceed with the closing of any open positions. 11.4. The Company reserves the right to keep Client’s funds if necessary, to close any further positions which already have been opened and/or pay any pending obligations of the Client under the Agreement.
12. Jurisdiction
12.1. The Agreement will be interpreted in accordance with the laws of Seychelles. For any disputes arising under this Agreement, the Parties hereby submit to the exclusive jurisdiction of the courts sitting in Seychelles.
Terms and Conditions of Use of NetDania’s Chart tools
All Services (software, data and news) provided by NetDania and third party data and news providers (the “Services”) on (the website address) is owned by or licensed to NetDania and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the software, data and news only for such user’s personal use. In no event shall any user publish, retransmit, redistribute, communicate, disseminate or otherwise reproduce any software, data and news in any format to anyone, and no user shall use any part of the Services in any connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. By using the Services, the User hereby: (i) Agrees that NetDania, the Information Providers, the data Sources and/or any other party shall have no liability for the accuracy or completeness of the software, data or news or for delays, interruptions, or omissions therein; (ii) Agrees not to use or permit anyone to use the software, data or new for any unlawful purpose; (iii) Agrees that no intellectual property rights in the software, data or news are transferred to any person or legal entity. (iv) Agrees that the software, data, news and any information obtained or derived therefrom shall be used solely by the User in the normal course of the User’s business. (v) Agrees that the User may not: communicate or disseminate the software, data, news or any information obtained or derived therefrom to any other party, including any of the User’s subsidiaries or branch offices by any means whatsoever. This restriction shall include, without limitation, copying any part of the software, data, news or any information obtained or derived therefrom electronically or otherwise and distributing or disseminating any part of the software, data, news or any information obtained or derived therefrom via any network; or use the software, data or news in any way that may infringe any proprietary interest of NetDania or any third party. (vi) Agrees that neither party excludes or limits liability for death or personal injury to any person caused by its negligence. (vii) Agrees that notwithstanding any other provision of this Contract, the User acknowledges that where the Services include any information and/or data obtained or derived from any of the Sources, such Sources accept no liability whatsoever for such data or information. (viii) Agrees that its arrangement with The Client for receipt of the software, data and news is subject to termination in the event that this Contract between The Client and NetDania is terminated for any reason; (ix) Agrees, where applicable, to make application to and receive written approval for receipt of the data and news from each and every Source prior to commencing receipt of the data and news and agrees to comply with any conditions, restrictions or limitations imposed by any of the Sources, including paying all such fees or charges as such Sources may impose either directly or through NetDania or The Client; and (x) Acknowledges that the Sources, described in the preceding paragraph, may have the right to terminate provision of the data and news to the User with or without notice and that neither any such Source, NetDania, nor any third party shall have any liabilities in connection therewith. (xi) Acknowledges that prior to the execution of a security trade the User is expressly advised to consult with the User’s broker or other financial representative to verify pricing information. (xii)Acknowledges that neither NetDania, its affiliates, its employees, the Sources or its third party licensors or any other party make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Services. The Services are provided to the users “as is”. Neither NetDania, its employees, its affiliates, its Sources or its third party licensors, nor any other party will be liable to any user or anyone else for interruption, inaccuracy, error or omission, regardless of cause, in the Services or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
Clearing services are provided by Wanakena Ltd, from 73 Arch. Makarios III Avenue, Office 301, 1070 Nicosia, Cyprus.
