0% found this document useful (0 votes)
35 views32 pages

Exnie General-Terms and Conditions

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
35 views32 pages

Exnie General-Terms and Conditions

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 32

GENERAL TERMS

& CONDITIONS

1
This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the
“Agreement”) shall regulate the relationship between Exnie Limited, with Company business
number 2024-00455 and registered at: Ground Floor, The Sotheby Building, Rodney Village,
Rodney Bay, Gros-Islet, Saint Lucia (hereinafter referred to as the “Company”), and the user (a
natural or legal entity) (hereinafter referred to as the “Client”) of www.exnie.com (hereinafter
referred as the “Website”).

1. The Client confirms that he/she has read, understood and accepted all information,
conditions and terms set out on the Website which are open to be reviewed and can be
examined by the public and which include important legal Information.
2. By accepting this Agreement, the Client agrees and irrevocably accepts the terms and
conditions contained in this Agreement, its annexes and/or appendices as well as other
documentation/information published on the Website, including, without limitation, the
Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order Execution
Policy and Anti-Money Laundering Policy. The Client accepts this Agreement by
registering an Account on the Website and depositing funds. By accepting the
Agreement, and subject to the Company’s final approval, the Client enters into a legal
and binding agreement with the Company.
3. The terms of this Agreement shall be considered accepted unconditionally by the Client
upon the Company’s receipt of an advance payment made by the Client. As soon as the
Company receives the Client's advance payment, every operation made by the Client on
the Trading Platform shall be subject to the terms of this Agreement and other
documentation/information on the Website.
4. The Client hereby acknowledges that each and any Operation, activity, transaction, order
and/or communication performed by him/her on the Trading Platform, including without
limitation through the Account, and the Website, shall be governed by and/or must be
executed in accordance with the terms and conditions of this Agreement and other
documentation/information on the Website.
5. By accepting this current agreement, the Client confirms that he/she is able to receive
information, including amendments to the present Agreement, either via email or
through the Website.
6. A client that is a legal entity can register with the Company not through the Website,
but by sending an email with its request to [email protected]. All terms and
conditions contained herein, including without limitation to 1 to 5 above, shall at all
times be applicable to the Legal Entity and the latter shall conform with such terms and
conditions, obligations and rights at all times.
1. Terms and Definitions

Account – means a unique personified account registered in the name of the Client and which
contains all the Client’s transactions/ operations on the Trading Platform (as defined below) of
the Company.

2
Ask – means the higher price in a quote. The price the Client may buy at.

Bid – means the lower price in a quote. The price the Client may sell at.

CFD (contract for difference) – means a tradable contract entered into between the Client and
the Company, who exchange the difference in the value of an Instrument, as specified on the
Trading Platform at the time of opening a Transaction, and the value of that Instrument at the
contract’s end.

Binary Options and/or All or Nothing Options and/or Turbo Options – means financial
instruments where a prediction is made on the direction of the price movement of an asset at a
certain period of the day. The payout is predetermined as a fixed amount whether the option
expires in the money or if the option expires out of the money.

Digital Option Contract – means a type of derivative instrument where the Client earns a payout
if they correctly predict the price movement of the underlying asset at the time of the option’s
expiry. The prediction can be made as to whether the value of the underlying asset will fall above
or below the strike price at the time of expiration. Should the option expire at the selected strike
price, it will be considered to expire out-of-the money and will result in the loss of the invested
amount.

Trailing Option Contract — means a financial derivative where a Client earns a payout by
correctly predicting if the underlying asset's price will first hit the “Upper Level” or “Lower Level”
line as they appear on the Trading Platform (Levels or each Level). The conditions of this
instrument are the following:

(a) The Levels are dynamic, automatically adjusting with market price movements (when
the price rises the Lower Level moves by twice the distance of the price movement and
when the price falls, the Upper Level moves by twice the distance of the price movement),
(b) The Client's open Profit and Loss (PnL) increases by 1% per second when the price
aligns with their prediction but decreases by 1.1% per second in the opposite direction,
(c) Any position is automatically closed when the price hits either Level,
(d) Profit occurs when the price hits the predicted Level first, while if the price hits the
other Level, it results in a loss,
(e) The potential profit can reach a maximum up to 100% of the investment amount (not
more) and losses cannot exceed the investment amount, and
(f) Exposure level limitations apply.

Execution – means the execution of Client order(s) by the Company acting as the Client's
counterparty as per the terms of the present agreement.

Financial Instruments – means the Financial Instruments as per paragraph 2.4 below that are
available on the Company’s Trading Platform.

KYC documents – means the documents to be provided by the Client, including, without
limitation, a copy of the passport or ID and utility bill of the Client, in case it is a natural person

3
and/or certificates showing the management and ownership going all the way up to the
ultimate beneficial owner, in case it is a legal entity, and any other documents the Company
may request upon its sole discretion.

Market – means the market on which the Financial Instruments are subject to and/or traded on,
whether this market is organized / regulated or not and whether it is in Saint Lucia or abroad.
Market Maker – means a company which provides BID and ASK prices for financial instruments.

Operations – means actions performed at the Client’s Account, following an order placed by
the Client, connected with but not limited to crediting of funds, return of funds, opening and
closing of trade transactions/positions and/or that relate to financial instruments.

Prices – means the prices offered to the Client for each transaction, which may be changed
without prior notice. Where this is relevant, the “Prices” given through the Trading Platform
include the Spread (see definition below).

Services – means the services described in section 3 of this Agreement.

Spread – means the difference between the purchase price Ask (rate) and the sale price Bid
(rate) at the same moment. For avoidance of doubt, a predefined spread is for the purposes of
this Agreement assimilated commission.

Trading Platform – means an electronic system on the internet that consists of all programs
and technology that present quotes in real-time, allow the placement/modification/deletion of
orders and calculate all mutual obligations of the Client and the Company.

Serviced Countries – means any country available for registration on the Company's Website
(e.g. Thailand, India, Brazil)

2. Subject of the Agreement

1. The subject of the Agreement shall be the provision of Services to the Client by
the Company under the Agreement and through the Trading Platform.
2. The Company shall carry out all transactions as provided in this Agreement on an
execution- only basis, neither managing the account nor advising the Client. The
Company is entitled to execute transactions requested by the Client as provided in this
Agreement, even if the transaction is not beneficial for the Client. The Company is under
no obligation, unless otherwise agreed in this Agreement and/or other
documentation/information on the Website, to monitor or advise the Client on the status
of any transaction, to make margin calls, or to close out any of the Client’s open
positions. Unless otherwise specifically agreed, the Company is not obligated to make
an attempt to execute the Client’s order using quotes more favorable than those offered

4
through the Trading Platform.
3. The Investment and Ancillary Services which the Company should provide under the
terms of the Agreement are stated below, and the Company will provide them in its
capacity as a market maker under the terms of this Agreement. In addition, the
Company may, at its sole discretion without providing prior notice to the Client, decide
to transmit orders and/or be an intermediary for Clients’ transactions. The Services that
the Company provides in relation to one or more Financial Instruments are the following
(the list below shall not be regarded as exhaustive):

a. Investment services

i. Reception and transmission of orders in relation to one or more Financial Instruments.

ii. Execution of the orders on behalf of the Clients.

iii. Dealing on Own Account.

iv. Portfolio Management.

v. Investment Advice.

b. Ancillary Services

i. Safekeeping and administration of the Financial Instruments for the Client’s Trading
Account, including custodianship and related services such as cash/collateral
management.

ii. Granting credits or loans to one or more financial instruments, where the firm granting
the credit or loan is involved in the transaction.

iii. Foreign exchange services where these are connected to the provision of the
Investment Services.

The Company does not provide investment, tax or trading advice unless specified as such
between the Client and the Company in a separate agreement. Our services include ‘execution
only’ meaning that the Company will act on your instructions and will not advise you on any
transaction, nor will we monitor your trading decisions to determine if they are appropriate for
you or to help you avoid losses. You should obtain your own financial, legal, taxation and other
professional advice.

c. Financial Instruments (the list below shall not be regarded as exhaustive):

i. Option contracts (i.e. Digital Options and/or Binary Options and/or Blitz Options
and/or Trailing Options) in stocks and/or commodities and/or indices and/or

5
currency pairs.

ii. Financial Contracts for Difference (CFDs) in stocks, currency pairs (FX),
commodities, ETFs, indices and CFDs in cryptocurrencies;

Trading in CFDs and other derivatives does not give you any right, voting right, title or interest in
the underlying instrument of the Transaction. You understand that you are not entitled to take
delivery and are not entitled to ownership of any underlying instrument. CFDs and other
derivatives are not traded on a regulated exchange and are not cleared on a central
clearinghouse. These exchange and clearinghouse rules and protections do not apply. The
Company reserves the right to, at its sole discretion and for all CFD products, impose the
following expiration times: daily/weekly/monthly and/or no expiration at all.

3. General Provisions

1. Subject to the provisions of this Agreement, the Company agrees to provide the Client
with the Services subject to the Client:
a. Being of age of maturity in accordance with the jurisdiction he/she resides in
or is a resident of, is of legal competence and of sound mind.
b. Not residing in any country where distribution or provision of the financial products
or services offered by the Company would be contrary to local laws or regulations. It is
the Client’s responsibility to ascertain the terms of and comply with any local laws or
regulations to which they are subject.
c. Not being a USA/territories of the US and/or a resident of either the USA/territories of
the US, Canada, Afghanistan, Australia, Belgium, Bouvet Island, Cuba, Democratic
Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Haiti, Iran, Israel, Libya, Mali, Myanmar,
North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United
Kingdom, Ukraine, the Vatican, any country of the European Economic Area and/or other
non-serviced countries.

2. The Company will offer Services to the Client at the absolute discretion of the
Company, subject to the provisions of this Agreement.
3. The Client is prohibited and shall not, under no circumstances, be allowed to execute
any transactions/Operations on the Trading Platform, Website and/or through his/her
Account, that would as a result exceed the total balance and/or amount of money
deposited/maintained with his/her Account. Such deposited amounts shall be
considered to have been provided as collateral, either in the form of a lien or otherwise,
to the Company by the Client by which the obligation of the Client to pay any money to
the Company is secured.

6
4. Services of the Company

1. Services – services provided by the Company to the Client through the Trading
Platform of the Company, including without limitation to customer, analytics, news
and marketing information services.
2. The Company shall facilitate the execution of trade activities/orders and/or
transactions of the Client, but the Client hereby acknowledges and accepts that the
Company shall not at any time provide any trust services and/or trading consultation
or advisory services to the Client.
3. The Company shall process all transactions/Operations of the Client in accordance with
the terms and conditions of this Agreement and on an execution-only basis. The
Company shall not manage the Client’s Account nor advise the Client in any way.
4. The Company shall process the orders/transactions requested by the Client under this
Agreement, irrespective of whether such orders/transactions may result to not being
beneficial for the Client. The Company is under no obligation, unless otherwise agreed in
this Agreement and/or other documentation/information on the Website, to monitor or
advise the Client on the status of any transaction/order, to make margin calls to the
Client, or to close out any of the Client’s open positions. Unless otherwise specifically
agreed, the Company is not obligated to process or attempt to process the Client’s
order/transaction using quotes more favorable than those offered through the Trading
Platform.
5. The Company shall not be financially liable for any operations conducted by the
Client through the Account and/or on the Trading Platform.
6. Each Client shall be the only authorized user of the Company’s services and of the
corresponding Account. The Client is granted an exclusive and non-assignable right to
the use of and to access the Account, and it is his/her responsibility to ensure that no
other third party, including, without limitation, to any next of kin and/or to members of
his/her immediate family, shall gain access to and/or trade through the Account
assigned to her/him.
7. The Client shall be liable for all orders given through his security information, and any
orders received in this manner by the Company shall be considered to have been given
by the Client. So long as any order is submitted through the Account of a Client, the
Company shall reasonably assume that such orders are submitted by the Client and the
Company shall not be under any obligation to investigate further into the matter. The
Company shall not be liable to and/or does not maintain any legal relations with any
third-party other than the Client.
8. If the Client acts on behalf of any third party and/or on behalf of any third party’s name,
the Company shall not accept this person as a Client and shall not be liable before this
person, regardless if such person was identified or not.
9. The Client has the right to cancel his order given to the Company within 3 seconds after

7
the moment of giving such order to the Company (hereinafter referred to as the
“Cancellation”). The client agrees and understands that the three seconds cancellation
option offered by the Company is applicable and available for the client as long as the
price remains unchanged. Three seconds from the moment of giving the order to the
Company by the Client via the platform, the Company may (but is not obliged to) offer to
buyout the option from the Client and the Client has the right to agree to such offer
(hereinafter referred to as the “Buyout”). The Client is entitled to use such Cancellation
or Buyout option subject to the conditions specified on the platform. Such conditions
can also include the fee charged by the Company. Such a fee is specified on the platform.
The Company is obliged to provide all necessary information as to the conditions of
Cancellation and Buyout, their cost, etc. The Client acknowledges and agrees that the
provision of such information on the platform is sufficient. The Client acknowledges and
agrees that the use of Cancellation or Buyout is very risky to the Client as long as the
cost of Cancellation and/or Buyout depends on the market situation. The Client
acknowledges and agrees that he bears all the risks associated with the use of
Cancellation and/or Buyout.

10. The Client is entitled to use such Cancellation or Buyout option subject to the conditions
specified on the Trading Platform/Website, including without limitation to any fee to be
charged by the Company. The Company shall be obliged to provide all necessary
information as to the conditions of Cancellation and Buyout, including any applicable
costs, etc. The Client acknowledges, accepts and agrees that the provision of such
information on the Trading Platform is sufficient. The Client acknowledges, accepts and
agrees that the use of Cancellation or Buyout option entails large risks for the Client,
especially in the case where the costs associated with Cancellation and/or Buyout,
depend on the market situation. The Client acknowledges, accepts and agrees that
he/she shall bear all risks associated with the use of the Cancellation and/or Buyout
option.
11. It is understood and agreed by the Client that the Company may from time to time, at its
sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of
receiving payment execution services. These funds will be held in segregated accounts
from such third party’s own funds and will not affect the rights of the Client to such funds.
12. The Company offers internal live chats where clients can share inter alia their trading
ideas and/or express their general thoughts. The client acknowledges and agrees that
the Company’s live chat feature is not and will not constitute a valid and/or accurate
information and/or information addressed to the clients/potential clients and/or in any
way information that is controlled by the Company and/or investment advice, as it is
merely a feature allowing clients to inter alia express their thoughts and ideas between
themselves.
13. Provision of investment advice shall only be carried out by the Company subject to a
separate written agreement with the Client and after assessing the Client’s personal

8
circumstances. Unless such written agreement has been entered into between the Client
and the Company, the provision of reports, news, opinions and any other information by
the Company to the Client does not constitute investment advice or investment research.
5. Execution of Orders / Electronic Trading
1. By accepting this Agreement, the Client accepts that he has read and understood all
provisions of this Agreement and related information on the Website. The Client accepts
and understands that all orders received shall be executed by the Company as the
counterparty of the transaction in its capacity of Market Maker. The Company shall act
as a principal and not as an agent on the Client’s behalf for the purpose of the Execution
of orders. The Client is informed that Conflicts of Interest may arise because of this
model.
2. Reception of the order by the Company shall not constitute acceptance, and acceptance
shall only be constituted by the execution of the order by the Company. Moreover, the
Client further accepts that the Company may transmit some orders and act as an
intermediary for Clients’ transactions.
3. The Company shall be obliged to execute the Client's orders sequentially and promptly.
4. The Client acknowledges and accepts a) the risk of mistakes or misinterpretations in
the orders sent through the Trading Platform due to technical or mechanical failures
of such electronic means, b) the risk of any delays or other problems as well as c) the
risk that the orders may be placed by persons unauthorized to use and/or access the
Account, and the Client agrees to indemnify the Company in full for any loss incurred
as a result of acting in accordance with such orders.
5. The Client accepts that during the reception and transmission of his/her order, the
Company shall have no responsibility as to its content and/or to the identity of the
person placing the order, except where there is gross negligence, willful default or fraud
by the Company.
6. The Client acknowledges that the Company will not take action based on the orders
transmitted to the Company for execution by electronic means other than those orders
transmitted using the predetermined electronic means such as the Trading Platform,
and the Company shall have no liability towards the Client for failing to take action based
on such orders.
7. The Client acknowledges and agrees that the Company shall bear no responsibility for
any financial losses and/or technical issues which may arise in the event that an external
trading bot is used when trading; the Client shall use the bot at their own risk;
8. The client acknowledges and agrees that any products or services that may be offered
by the Company may not always be available for purchasing or use for trading purposes,
and it is in the Company's absolute discretion whether it will make these products
available or not to the clients at any time. The Company shall bear no liability, monetary
or otherwise, in relation to this section, including without limitation to not making
available any product at any given time.
9. The client agrees and understands the following in consideration of the below

9
corporate actions:
a. Where it is publicly available that a specific Company has filled and/or is in the
process of filing for Chapter 11 under US bankruptcy law and/or an equivalent to
Chapter 11 corporate action related to bankruptcy and/or bankruptcy law under
any national legislation/regulations, the Company reserves the right to close any
and all relevant positions in regard to the asset(s) of such Company and suspend
the related asset(s); the client’s position(s) held in the referred asset(s) will be
closed by the Company with the last available price on the platform and the client
will receive a prior notice on this matter. It should be noted that the Company will
not be held liable for any losses incurred to the client in relation to the aforesaid
closure of the position(s) and/or the suspension of the asset(s).
b. In circumstances where the underlying asset offered by the Company might
be subject to split and/or reverse split, the Company may decide to close the
client’s position(s) held in the referred asset with the last available price on the
platform prior to the occurrence of the split and/or reverse split event and the
client will receive a notification in this regard.

10. The Client acknowledges that the Company will have the right, at any time and for any
reason and without justification, at its sole discretion, to refuse to execute orders,
including, without limitation, in the following circumstances:
a. If the execution of the order aims or may aim to manipulate the market price
of the financial instruments (market manipulation);
b. If the execution of the order constitutes or may constitute abusive exploitation
of confidential information (insider trading);
c. If the execution of the order contributes or may contribute to the legalization
of the proceeds of illegal activities (money laundering)
d. If the Client has insufficient funds to cover the purchase of financial
instruments or if there is an insufficient number of financial instruments to cover
their sale;
e. If the Client fails to fulfill any of his/her obligations towards the Company under
this Agreement;
f. The Company’s own exposure levels as set out in the Company’s internal
policies have been reached in respect of the Financial Instrument or the
underlying asset of the Financial Instrument the Client wishes to buy/sell;
g. If the Client seeks to become or becomes a US Reportable Person or a resident
of the USA/territories of the US and/or a resident of either the USA/territories of
the US, Canada, Afghanistan, Australia, Belgium, Bouvet Island, Cuba, Democratic
Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Haiti, Iran, Israel, Libya, Mali,

10
Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian
Federation, the United Kingdom, Ukraine, Vatican, any country of the European
Economic Area and/or other non-serviced countries.
h. Any such refusal by the Company shall not affect any obligation which the
Client may have towards the Company.
i. The Client acknowledges that, at its own discretion, under certain market
conditions and/or depending on the availability of the underlying asset on the
relevant market, the Company may have to close all or a part of the Client’s
positions. Including but not limited to positions where it has reached or
surpassed internal exposure levels and/or where for any reason the
underlying asset is unavailable on the relevant market. The Company
undertakes to provide prior notification to the Client in case a position will be
liquidated by the Company.

6. Limitation of Liability
1. The Company does not guarantee uninterrupted service, safe and errors-free, and
immunity from unauthorized access to the trading sites' servers nor disruptions caused
from damages, malfunctions or failures in hardware, software, communications and
systems in the Client's computers and in the Company's suppliers.
2. Supplying services by the Company depends, inter alia, on third parties and the
Company bears no responsibility for any actions or omissions of third parties and
bears no responsibility for any damage and/or loss and/or expense caused to the
Client and/or third party as a result of and/or in relation to any aforesaid action or
omission.
3. The Company will bear no responsibility for any damage of any kind allegedly caused to
the Client, which involves force majeure or any such event that the Company has no
control of and which has influenced the accessibility of its trading site.
4. Under no circumstances will the Company or its Agent(s) hold responsibility for
direct or indirect damage of any kind, even if the Company or its Agent(s) had been
notified of the possibility of aforesaid damages.

7. Settlement of Transactions

1. The Company shall proceed to a settlement of all transactions upon execution of


such transactions.
2. An online statement of Account will be available for printing to the Client on the
Trading Platform of the Company, at all times.

8. Rights, Obligations and Guarantees of the Parties

11
1. The Client shall be entitled to:
a. Submit with the Company any order requesting the execution of a
transaction/Operation on the Website in accordance with and subject to the
terms and conditions of this Agreement;
b. Request withdrawal of any amounts subject and in accordance with the
Withdrawal Policy, and provided that the Company has no claims against the
Client and/or the Client does not have any outstanding debts to the Company;
c. In the event that the Client has any alleged complaint against the Company
and/or there is any dispute between the Client and the Company, then the Client
can submit his/her complaint, to include all relevant particulars and details, to
the Company at [email protected]. The Company shall acknowledge
receipt of any such complaint, initiate an internal investigation of the matter and
shall respond to the Client within a reasonable amount of time (i.e. within 3
months from the date of acknowledging receipt of the complaint). The Company
may extend this timeframe if deemed necessary, and in such case, the Company
shall notify the Client accordingly.
d. Unilaterally terminate the Agreement provided that there is no debt outstanding
from the Client toward the Company and such termination is made in
accordance with section 16 herein.
2. The Client:
a. Acknowledges that the Account shall be activated upon the deposit of
funds/advance payment into the Account.
b. Warrants that he/she shall at all times be compliant with and honor all terms
and conditions of this Agreement
c. Warrants that he/she shall ensure that at all times the username and password
issued by the Company in relation to the use of the Service(s) and the Account,
will only be used by him/her and will not be disclosed to any other person;
d. Shall be liable for all orders submitted through his/her security information, and
any orders received in this manner by the Company shall be considered to have
been given by the Client;
e. Hereby accepts the risk of orders placed by unauthorized persons and/or trading
account used by someone without the client’s permission (hereinafter
collectively referred to as ‘’unauthorized access’’ or “hacked account”) and
agrees to indemnify the Company in full for any and all losses, costs and
expenses derived as a result. In this case, the client further agrees and accepts
the following:
i. The client shall notify the Company immediately regarding
unauthorized access to his/her trading account;
ii. The Company shall be entitled to block immediately the client’s trading
account and increase the processing time and/or cancel withdraw

12
requests without prior notification to the Client, and the Client will not be
entitled to any profits made during the time the account was
unauthorized accessed;
iii. The client shall provide the Company with any information and/or
documents deemed necessary in order to unblock the trading account.
f. Hereby acknowledges that frequent access and logins to the Account via
different IP addresses from different countries and/or via the use of VPN (with
the exception of users from Turkey or Indonesia) is an indication that shall
reasonably lead the Company to believe that sections 3 paragraph 6 and 7
paragraph d sub-paragraph b, herein have been breached.
g. Confirms that any trading strategies and/or investment decisions and/or any
activities performed by him/her through his/her Account and on the Trading
Platform are made having in mind/considered/being aware of all risks involved
and solely on the basis of his/her knowledge and upon his/her sole discretion.
h. Warrants that he/she shall take all necessary steps and action in order not
to disclose any confidential information of the Company, which the
Company shall disclose to and/or make available to the Client from time to
time.
i. Accepts any risk, including, without limitation, any risk of financial loss, that
arises from unauthorized access to and operation of his/her Account by third
and/or unauthorized parties.
j. Shall notify the Company of any changes of his/her contact details and any
other changes of the personal data he/she provided to the Company, within
7 (seven) calendar days since such changes came into effect.
k. Shall register only 1 (one) Account with the Company. In case that the Client
owns multiple accounts under this brand and any other associated brands, any
transactions/Operations made via such multiple accounts and corresponding
financial results of such transactions/Operations, can be canceled at the
absolute discretion of the Company. All such multiple accounts can be blocked
at the Company’s absolute discretion, and the Company shall be entitled to
terminate this Agreement immediately, close the account and all open
positions.
l. Shall indemnify and hold harmless the Company of any claims and/or legal
actions instigated against the Company as a result of disclosure of the Client’s
personal data.
m. Irrevocably accept full responsibility for his/her actions according to current tax
legislation valid at the place of residence/living of the Client regarding any
performed transactions/Operations, including but not limited to revenue/income
tax.
n. Acknowledges that the provision of the Service(s) may involve information
being transported over an open network. Information is therefore transmitted

13
regularly and without control across borders. The Company shall take
reasonable steps to avoid information being intercepted and read by third
parties by utilizing techniques such as encryption, however it is not always
possible to avoid third party unauthorized access to/view of the Client’s
information/personal data. The Client hereby acknowledges this risk and
accepts and consents to this, so long as he/she is reasonably satisfied that any
such unauthorized access/disclosure was not made intentionally and that the
Company took all reasonable measures and actions in order to prevent such
unauthorized access/disclosure.
o. Acknowledges and agrees that the Company has the right to close any
transaction, at its sole and absolute discretion without providing prior notice to
the Client if the underlying asset or contract on which the transaction is based
settles on an expiry date as determined by the relevant financial market, on
which the said asset is traded (such time referred to as 'Closing Time' and the
relevant expiring transaction referred to as an 'Expiring Transaction'). The
Company shall not be obligated to take actions to roll over an open position in
an Expiring Transaction.
p. Acknowledges that the Company prohibits third-party or anonymous payments
into the Client’s Account. Only funds sent from an account held in the Client’s
name and belonging to the Client are acceptable. The Company reserves the right
at its discretion, if it has identified third-party or anonymous deposits, to block
the Account. The Client should note that any remaining funds will be returned to
the third-party source via the same payment method, and any profits
accumulated by the Client using third-party or anonymous funds will not be
made available to the Client.
q. Agrees that in case the Company carries out a transaction/Operation on
his/her behalf which is not covered by the balance of his/her Account, the
Company shall have the right to liquidate his/her assets and use the proceeds
to cover part or the total difference.
r. Irrevocably accepts that he/she is solely responsible for any technical
deficiencies that may occur in Client’s connection to the Trading Platform, in
Client's equipment used for receiving the services (including, but not limited to,
personal computer, laptop, mobile phone etc.), and confirms that he/she shall
have no claims whatsoever against the Company for any direct and/or indirect
damages the Client may suffer due to such deficiencies.
s. Acknowledges that the Company has the right to refuse to execute any
transaction/Operation requested by the Client and/or any other action required,
under this Agreement, for as long as it maintains any claims against the Client,
whether these are due, future or contingent and regardless of whether these arise
from the same transaction/Operation from which such obligations arise.
t. Acknowledges that the Company has the right to refuse to execute any

14
transaction/Operation, place restrictions and/or close the client’s trading
accounts operated by the Company under this brand and any other associated
brands. The Company may exercise this right for reasons including, but not
limited to, fraudulent activities and/or other violations of the Company’s terms
and conditions. Clients acknowledge and agree that such actions by the
Company shall not give rise to any claims or liabilities against the Company.
u. Acknowledges and accepts that this Agreement and/or any materials made
available on the Website may be amended unilaterally, from time to time, by the
Company, and that he/she shall be responsible to check on the Website
frequently in order to ensure that he/she has made himself/herself aware of any
changes effected in such manner. Upon the submission of a request by the Client
of any transaction/Operation, any changes effected to this Agreement and/or to
any materials made available on the Website shall be deemed as acknowledged
and accepted by the Client.
v. If the Company deems that the amendments are material, such amendments
will take effect on the date specified in the notice to the Client and if no date is
specified, then on the date of receipt of the notice.
w. The Client understands and agrees that her/his consent is not necessary for any
change to be effective. Whether the Client does not respond and/or disagrees
with the content of the amendments implemented in the Company’s Terms and
Conditions, this will be considered as an acceptance by the Client of the contents
of the amendment and of the amended Terms and Conditions. Further, any order
of the Client to execute a transaction(s) following the receipt of the notice and/or
login into his Account, shall be deemed as acceptance by the Client of the
contents of the amendment and of the Agreement as amended.
x. The Client understands that it is his/her sole responsibility to remain up-to-date
with all changes. The applicable version shall be the latest version uploaded on
the Company’s website, and in the event of a dispute, the latest version shall
prevail.
y. In case the Client does not agree with the amendments, the Client shall be entitled
to terminate this Agreement in accordance with the Duration and Termination of
the Agreement section herein included.
3. The Client hereby warrants and represents to the Company that he/she:
a. Is not a USA/territory of the US national and is not residing in any country
where distribution or provision of financial products or services offered by the
Company would be contrary to local law or regulations.
b. Is responsible for ascertaining the terms of, and shall comply with any and all
applicable local laws and/or regulations to which he/she is subject to.
c. Has the legal capacity/competence, is of sound mind and has reached the
age of maturity in the country which he is resident or citizen;
d. Is not a USA/territories of the US and/or a resident of either the USA/territories
of the US, Canada, Afghanistan, Australia, Belgium, Bouvet Island, Cuba,

15
Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Haiti, Iran, Israel,
Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the
Russian Federation, the United Kingdom, Ukraine, Vatican, any country of the
European Economic Area and/or other non-serviced countries.
e. Is not under any legal disability with respect to, and is not subject to, any laws
or regulations which prevents his/her performance of this Agreement or any
contract or transaction contemplated by this Agreement.
f. The Client acts as principal and not as an authorized representative /
attorney or trustee of any third party.
g. The monetary funds and/or financial instruments and other assets delivered for
any purpose by the Client to the Company are not connected directly or
indirectly to any illegal and/or criminal activities and/or terrorism.
h. The monetary funds and/or financial instruments and other assets delivered for
any purpose by the Client to the Company, shall belong exclusively to the Client
and at all times be free from any charge, lien, pledge or encumbrance, unless the
Client has otherwise disclosed to the Company in writing.
i. The financial instruments, information and/or legal documents, which the
Client delivers to the Company are authentic, valid and free of any defect, and
they shall have the legal effect which they contend to have.
j. The Client certifies that he has provided accurate, complete and true
information about himself upon registration and will maintain the accuracy of
the provided information by promptly updating any registration information
that may have changed. Failure to do so may result in Account closure, Account
limitations and/or voiding of any transactions.
k. The Client will provide KYC documents to the Company within a period
not exceeding 7 days from the moment of depositing funds.
l. The Client confirms that the purpose and reason for registering and operating
an Account is to trade, on his/her personal/own behalf, in any financial
instruments and to take advantage of the Services offered by the Company. The
Client warrants that should the reason for operating an Account change, he/she
will inform the Company immediately.
m. The Client warrants and/or shall repeat the above warranties at all times,
including, without limitation, during and/or upon the execution of any
transaction/Operation and/or trade, through the Account and the provision of
the Services.
4. The Company shall be entitled to:
a. Modify the size of the value of the Company’s financial obligations to the Client
with changes of the appropriate entry of the trade operations register in case of
violation of one or several provisions of the Agreement herein by the Client.
b. The Company reserves the right to change, add or set as default the option
payments rate, return rate, the possibility of adjusting the return rate, the

16
possibility of acquiring the option type, the minimum and/or the maximum option
amount, the possible expiration periods for one, several or all of the assets. The
company shall be entitled to limit the maximum amount of purchased options
for 1 (one) minute, 1 (one) hour, 1 (one) calendar day.
c. Contact the Client with any question concerning the Agreement herein,
including, in order to clarify the Client's intentions regarding his/her actions
through the Account.
d. Unilaterally modify and/or amend and/or restate the terms and conditions of
this Agreement and/or the material made available on the Website. The
Company shall notify the Client of any such changes through the Website
and/or by the delivery of an email to the Client.
e. Modify the size of the value of the Company’s financial obligations to the Client,
if fulfillment of Operations on the Trading Platform does not comply with
conditions of the Agreement herein.
f. Engage third parties with a view to cooperating in order to facilitate and/or
enhance any and/or the provision of the Services under this Agreement.
g. With regard to any matters and/or obligations that are not covered by this
Agreement, the Company shall act accordingly upon its own discretion, but at all
times in accordance with business custom and existing practices within the line
of the Services.
h. The Company reserves the right to request additional supporting documents
and/or information during the verification of the Client’s Trading Account and on
an ongoing basis during the business relationship if such information is
necessary so as the Company may efficiently offer its services to the Client. In
case the Client fails to provide the Company with any additional supporting
documents including, inter alia, up-to-date verification documents, within the
specified timeframe, the Company shall be entitled to terminate this Agreement
immediately, close the account and all open positions.
5. Obligations of the Company:
a. Subject to the provisions of this Agreement and the Company being reasonably
satisfied that the Client is compliant with the terms and conditions of this
Agreement and/or has not in any way breached any terms of this Agreement, the
Company shall offer the Services through the Website;
b. To fulfill the provisions of the Agreement herein.

9. Indemnity and Liability


1. The Client shall indemnify and keep indemnified the Company and its directors, officers,
employees or representatives against all direct or indirect liabilities (including without
limitation all losses, damages, claims, costs or expenses), incurred by the Company or
any other third party in respect to any act or omission by the Client in the performance

17
of his/her obligations under this Agreement and/or the liquidation of any financial
instruments of the Client in settlement of any claims with the Company, unless such
liabilities result from gross negligence, willful default or fraud by the Company. This
indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost or
liability incurred by the Client in relation to this Agreement, unless such loss, expense,
cost or liability is a result of gross negligence, willful default or fraud by the Company.
Notwithstanding the provisions of section 8.1 above, the Company shall have no
liability to the Client whether in tort (including negligence), breach of statutory duty, or
otherwise, for any loss of profit, or for any indirect or consequential loss arising under
and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the
value of the financial instruments of the Client could have been increased or for any
decrease in the value of the financial instruments of the Client, regardless of the cause,
unless such loss is directly due to gross negligence, willful default or fraud on the part
of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of
facts, error in judgment or any act done or which the Company has omitted to do,
whenever caused, unless such act or omission resulted from gross negligence, willful
default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any
counterparty, bank, custodian or other third party which acts on behalf of the Client or
with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the
Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the
risk management framework of the third-party market maker, the Company may
have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant
invested funds to the Client’s trading account balance. The Company undertakes
to provide adequate notification to the Client in such a case.
ii. Should the aforementioned occur, the Client will have no right, claim or demand
from the Company and undertakes to indemnify the Company for any damage
caused by the Company's aforesaid action.

10. Personal Data


1. By accepting the terms and conditions of this Agreement, the Client irrevocably
consents to the collection and processing of his/her personal data/information by the
Company without the use of automatic controls, as the same are provided by him/her
to the Company. The term personal data for the purposes of this Agreement shall
mean: the Name, Surname, Patronymic, gender, address, phone number, e-mail, IP

18
address of the Client, Cookies and information that relates to the provision of Services
to the Client (for example, the Client’s trading story).
2. The Client shall be obliged to provide correct, accurate and complete
personal data/information as requested by the Company.
3. The purpose of collecting and processing the personal data is to comply with
applicable regulating legislation requirements, including, without limitation, the anti-
money laundering regulations, as well as for any and all purposes in relation to this
Agreement, including without limitation to enable the Company to discharge its
obligations towards the Client.
4. The Client acknowledges and consents to that, for the purposes described in the
section directly above, the Company shall be entitled to collect, record, systematize,
accumulate, store, adjust (update, change), extract, use, transfer (disseminate,
provide, access), anonymize, block, delete, destroy such personal data and/or
perform any other actions according to the current regulating legislation.
5. The Client acknowledges and consents to the Company storing, maintaining and
processing his/her personal data in the manner as described in this Agreement during
the term of the Agreement and for a minimum of 7 years following any termination of
the Agreement.
6. The Client hereby acknowledges, accepts, agrees and consents to the disclosure of
personal data by the Company to third parties and their representatives, solely for the
purposes of the Agreement, including without limitation in order to facilitate
processing/execution of the Client’s orders/Operations, provided that at all times (i) the
amount of personal data to be disclosed to any such third party is proportionate and/or
limited solely to facilitate to the actions as described above, and (ii) the Company shall
ensure that such third party shall treat the personal data in accordance with applicable
laws and regulations.
7. The Company shall not be entitled to make available the personal data to the public
and/or disclose such personal data for any other purposes, subject to disclosure
required under applicable laws and regulations.
8. During processing of the personal data, the Company shall take necessary legal,
organizational and technical measures to protect such personal data from
unauthorized or accidental access, destruction, change, blocking, copying, provision,
and dissemination as well as from any other illegal actions.

11. Assignment

1. The Agreement shall be personal to the Client, and the Client shall not be entitled to
assign or transfer any of his/her rights or obligations under this Agreement.
2. The Company may at any time assign or transfer any of its rights or obligations under

19
this Agreement to a third party. The Company shall notify the Client of any such
assignment.

12. Risk Statement

The Client hereby confirms to have read, understood and hereby accepts the risk statement
relating to the use of Services on the Website, as the same is available electronically via the
Website.

By accepting this Agreement, the Client accepts that the Client has read and understood the
information contained in this Agreement and the Company’s general description of the nature
and risks of different Financial Instruments and/or Service(s) which can be found in our Risk
Disclosure.

13. One-Click Trading Terms and Conditions

One-Click Trading mode allows you to perform trading operations on the platform with only one
click on the Buy/Call or Sell/Put buttons, without any additional confirmations.

Opting in for the One-Click Trading mode means that you acknowledge that you have read and
understood the following terms and conditions, and you agree to be bound hereby.

Your current version of the platform enables you to choose between the following modes for
order submission. You agree that you will be bound by the procedures and conditions specified
herein with respect to each such mode.

● There are several steps you have to follow when using the default mode for the
submission of orders. Using the default mode, you first invoke the instruments menu
and choose the assets you want to trade. Then you select all parameters depending
on the instrument you have chosen and confirm your order submission by clicking
either Buy/Call or Sell/Put buttons depending on the particular order type selected and
your trading intentions. Using the default mode, a confirmation window will appear,
and you will have to confirm your intentions and the trade details in order to confirm
the transaction. Your order will not be submitted until you have completed the
aforementioned procedure.
● The One-Click Trading mode for order submission (“One-click trading”) is a one-
step process. You will be submitting orders when you single-click either
Buy/Call/Higher or Sell/Put/Lower buttons.

20
There will be no subsequent confirmation prompt for you to click; hence you should ensure
beforehand that all parameters are set based on your trading intentions. You will not be able to
withdraw your order once you click the Buy/Call/Higher or Sell/Put/Lower buttons (with the
exemption of a 3-second cancellation period for binary options) and only certain parameters
such as stop loss and take profit orders for CFDs can be modified after having opened a trade.
Under normal market conditions and system performance, a market order will be promptly filled
after submission, and you will have entered into a binding transaction.

You can activate or deactivate One-Click Trading mode in the settings of the platform. One-Click
Trading can be activated or deactivated for one or several instruments in the settings.

By selecting the One-Click Trading mode, you understand that your orders will be submitted by
clicking the Buy/Call or Sell/Put button, without any further order confirmation. You agree to
accept all risks associated with the use of the order submission mode you have chosen,
including, without limitation, the risk of errors, omissions or mistakes made in submitting any
order.

You agree to fully indemnify and hold harmless the Company from any and all losses, costs and
expenses that may be incurred as a result of any such errors, omissions or mistakes by you or
any other person trading on your behalf.

If you accept the One-Click Trading terms and conditions, tick the “buy in one click” option
when opening trades on the platform. If you do not accept the conditions, do not tick the box
and do not use the One-Click Trading function.

14. Charges and Fees

● The Company shall be entitled to receive a fee from the Client regarding the
Service(s), provided by the Company.
● The Company may pay fee/commission to business introducers, referring agents, or
other third parties based on written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters.
● The Company may pay fee/commission to business introducers, referring agents, or
other third parties based on written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters. All applicable fees or
charges can be found on the Company’s Website (General Fees). The Company has
the right to amend its fees and charges from time to time.
● Ongoing trading fees, including inter alia swaps, shall be charged and deducted from
the Client’s account balance. In case the Client does not maintain enough funds in
his/her balance, the relevant position subject to swap will be closed by the Company.
● The Client agrees that any amounts sent by the Client will be deposited to the Account

21
at the value on the date of the payment received and net of any charges / fees charged
by the bank or any other intermediary involved in such transaction process and/or in any
other case, the Client shall authorize the Company to withdraw the fee by way of transfer
from the Client’s Account.

15. Governing Law

1. The terms and conditions of this Agreement as well as any matters pertaining to this
agreement, including without limitation to matters of interpretation and/or disputes,
shall be governed by the laws of Saint Lucia.
2. The Company and the Clients irrevocably submit to the jurisdiction of the courts of Saint
Lucia.
3. The Company shall be entitled to use the interpreter's services during the court trial in
case of dealing with a disputable situation according to the legislation of the Saint Lucia.

16. Duration and Termination of the Agreement

1. The Agreement herein shall be concluded for an indefinite term.


2. The Agreement herein shall come into force when the Client accepts the Agreement
and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its
translation in any other language, the text of the Agreement in English as a whole shall
prevail, as well as the English version/text of any other documentation/information
published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to
the other Party 15 (fifteen) days written notice. During the 15 days notice, the
Company may limit the services available to the Client; however, access will be
granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately,
close all open positions, block the Client’s account, and return any remaining
funds (if applicable) and without giving prior notice under the following
circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is
convened, or a resolution is approved, or any measures of bankruptcy or
winding up of the Client are taken.

22
iii. The Client violates, or the Company has reasonable grounds to believe
that the Client violated, any of the Client’s obligations under and/or
terms of, this Agreement and/or is in breach of any of the warranties and
representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has
reasonable grounds to believe that the Client has not reached the age of
maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has
reasonable grounds to believe that the Client became a citizen of the
USA/territories of the US and/or a resident of either the USA/territories
of the US, Canada, Afghanistan, Australia, Belgium, Bouvet Island, Cuba,
Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Haiti, Iran,
Israel, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan,
Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican, any
country of the European Economic Area and/or other non-serviced
countries.
vi. If it comes to the Company’s attention and/or the Company has
reasonable grounds to believe that the Client is or became a Ukraine
resident and his/her Account was registered after the 10th of May 2022.
vii. The Company has suspicion based on available information that the Client:

a. Is and/or has been using fraudulent means or was involved in a


fraudulent scheme in relation to the performance of this Agreement;

b. Has illegally and/or improperly and/or unfairly and/or otherwise


gained an unfair advantage, over and/or to the detriment of (i) other
clients of the Company and/or (ii) the Company;

c. Has unjustly enriched by using information which was intentionally


and/or negligently and/or otherwise concealed and/or not disclosed in
advance by the Client to the Company and/or of which the Company had
known in advance, it would have not consented and/or it would not have
authorized the use of such information by the Client for the purposes of
this Agreement; and/or

d. Has performed acts with the intention and/or effect of manipulating


and/or abusing the market and/or the Company’s trading systems
and/or deceiving the Company and/or defrauding the Company; and/or

e. Has acted in bad faith during the performance of his obligations under
the Agreement.

23
viii. The Client being guilty, or the Company has suspicions that the Client
is guilty, of malicious conduct or gross negligence or fraud or of
using fraudulent means or was involved in a fraud scheme in relation
to the performance of this Agreement.
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse
against employees of the Company.
xi. If the Client didn’t provide to the Company his KYC documents within
14 days from the moment of acceptance of this Agreement,
constituting, thus, his/her Account as an unverified Account.
xii. In case the Client uses and/or there are indications that lead the Company
to reasonably believe that the Client uses different IP addresses from
different countries and/or VPN and/or VPS during the course of
executing any transactions and/or trades through the Trading Account
and/or the provision of the Services. Whether the Client has provided
notice to the Company for any change to its IP address and/or of the use
of VPN and/or VPS is irrelevant with the exception of users from Turkey
or Indonesia.
xiii. The Client has initiated a chargeback in relation to the funds held in the
Client’s Account. In case the Company identifies that the Client created
any additional trading account(s) following the chargeback dispute, the
Company shall be entitled to, without giving prior notice, terminate the
Agreement immediately, close all open positions, block the account(s),
and return any remaining own funds (if applicable) excluding profits.
xiv. Where the Company identifies that the Client is involved and/or is using
a high-frequency trading software with the purpose of manipulating the
Company’s systems and/or trading platform and/or has illegally and/or
improperly and/or maliciously and/or knowingly gained an unfair
advantage over and/or to the detriment of other clients of the Company
and/or the Company and/or this high-frequency trading software is
designed to abuse the Company’s systems and/or trading platform.
xv. Where the Company identifies that the Client’s funds and/or payment
account(s) have been used to fund a third-party account, and it has
reasonable suspicion that the Client and/or third party is circumventing
any of the clauses of the present Agreement by doing so and/or is acting
in collaboration with a third party circumventing any of the clauses of this
Agreement.
xvi. The client is and/or has been convicted of a criminal offense and/or is
cautioned and/or charged by the police or other competent authority
with a criminal offense.

24
5. In case of termination of this Agreement for a reason indicated in section 15.b, subclauses (iii
– ix) and (xii – xvi) of this Agreement, the Company shall have no liability towards the Client and
no obligation to pay the profit of the Client (if any).

6. In case of termination of this Agreement for a reason indicated in sections 15.a of this
Agreement, the Company shall have either to wire to the Client the remaining balance or to give
to the Client the opportunity to withdraw his/her remaining balance. In case of termination of
this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall
have to wire to the Client the remaining balance excluding any profit.

17. Terms and Conditions for 1-Click Service

1. The Client shall agree to make a deposit to his/her Account to use the Company Services
or any other additional services ordered by the Client on the Website as well as all
additional expenses (if necessary), including but not limited to any taxes, duties, etc.
The Client shall be completely responsible for timely depositing the funds into his/her
Account. Provider of payment services shall ensure only fulfillment of payment in the
amount defined by the Site and shall not be liable for payment of the above-mentioned
additional amounts by the Website’s Client.
2. The payment is considered to be processed and cannot be returned after clicking the
“Payment” button. By clicking the “Payment” button, the Client shall agree that he/she
cannot return the payment or require its recall. Additionally, by accepting the terms and
conditions herein contained, the Client as the owner of the payment card confirms that
he/she shall be entitled to use the Services offered on the Website.
3. By accepting the terms and conditions of this Agreement and depositing funds to the
Account, the Client agrees to use the Website’s Services and accepts that the
processing of any of the Client’s payment shall be executed by a provider of payment
services, being a third party to this Agreement (the “Provider”), and the Client further
acknowledges and accepts that no legal right exists for return of already purchased
Services or other options of payment cancellation. In case if the Client is willing to
refuse from using the 1-Click service for the next purchase of the Service, the Client can
refuse from 1-Click service using the Account on the Website.
4. Note that 1-click deposits (recurring payments) are not processed as 3-D secure
transactions, the client needs to enable the 3-D secure function if he would like the
payments to be processed as 3-D secure.
5. The Provider shall not be in any case liable for the refusal/impossibility to process the
data connected with the payment card of the Client, or for the refusal connected with
failure to obtain permission from the issue bank to process payment using the payment
card of the Client. The Provider shall not be in any case liable for the quality, amount,
and price of any service, offered to the Client or purchased by the Client of the Website
using the payment card of the Client. Paying for any Services of the Website, the Client

25
first of all shall be obliged to fulfill the rules of using the Website. We are asking to
consider that only the Client as the owner of the payment card shall be liable for timely
payment of any service ordered via the Website and for all additional expenses/fees
connected with this payment. The Provider shall only be the performer of payment in
the amount specified by the Website and shall not be in any case liable for any pricing,
general prices and/or total sums.
6. In case of the situation connected with the Client’s dissent with the terms mentioned
above and/or any other reasons, we are asking the Client to promptly refuse from
making a payment and to directly address the administrator/support of the Website if
necessary.

Annex 1 – General Terms Technical

Regulation

1. The Client’s Responsibility


1. The Client acknowledges that these General Terms are an integral part of this Agreement.
2. It is the Client's responsibility to verify that all transactions and Service(s) received are
not contradictory to any applicable law and to undertake any other legal duty emanating
from the use of the Website at the Client’s sole option, discretion and risk, and the Client
is solely responsible for ascertaining whether it is legal in the Client's jurisdiction and/or
place of residence. The Client holds sole liability for all transactions in his Trading
Account, including all card transactions or other means of deposit and withdrawal
transactions (as stated below). The Client acknowledges that the Company reserves the
right to accept or decline any deposit and/or funding and/or withdrawal request by the
Client depending on the payment method that the Client chooses (which includes but is
not limited to the third party financial institution from which the Client wishes to
deposit/withdraw funds with the Company (Third-Party Institutions), and the Company
may suggest to the Client an alternative for its request. It is important to note that the
Company does not have and cannot in any way have any, control over such Third-Party
Institutions and any transactions made by the Client through the Platform using such
institutions, and it is hereby acknowledged and agreed that the Company shall bear no
liability, monetary or otherwise, in relation to any loss of funds incurred by the Client
pursuant to any actions or omissions of Third-Party Institutions.
3. The Client is responsible for securing his/her Username and Password for his Trading
Account. The Client holds sole responsibility for any damage caused due to any act
or omission of the Client causing inappropriate or irregular use of the Client Trading
Account.
4. It is clearly stated and agreed by the Client that the Client bears sole responsibility for
any decision made and/or to be made by the Client relying on the content of the Website
and no claim and/or suit of any kind will arise to that effect against the Company and/or

26
its directors and/or employees and/or functionaries and/or Agents (the Company
and/or its Agents). The Company and/or its Agents will hold no responsibility for loss
of profits due to and/or related to the Website, Transactions carried out by the Client,
Services and the General Terms of use or any other damages, including special
damages and/or indirect damages or circumstantial damages caused, except in the
event of malicious acts made by the Company.
5. Without limitation of the aforesaid and only in the event of definitive judgment by court
or other authorized legal institution resolving that the Company and/or its Agent(s) hold
liability towards the Client or third party, the Company's liability, in any event, will be
limited to the amount of money deposited and/or transferred by the Client to the
Trading Account in respect of the transaction which caused the liability of the Company
and/or its Agent(s) (if such was caused).
6. No Trading Account will be approved without the completion of the Company’s
compliance procedures, including the identification and verification of the Account.

2. Risks
1. The value of the Financial Instruments offered by the Company may increase or
decrease. The Client acknowledges that they fully understand the risks involved in
trading CFDs (and other similar products), including, but not limited to, the risk of loss
of all funds.
2. CFD Trading does not give you any right to the underlying instrument of the
Transaction. This means that you do not have any interests in, or the right to
purchase, any underlying shares in relation to such instruments because the CFDs
represent a notional value only.
3. The Client acknowledges that he has read, understood and accepted the Company’s
risk disclosure information found on the Company’s Website.

3. Financial Information

1. The Company should not be held responsible for any losses that the Client may incur (or
to a third party) due to reliance on inaccurate or erroneous financial information on the
Website.
2. The Client should verify the accuracy and reliability of the information on the Website
and its appropriateness in comparison with other dependable information sources. The
Company will not be held responsible for any allegedly caused claim, cost, loss or
damage of any kind as a result of information offered on the Website or due to
information sources used by the Website.
3. The Client approves and accepts that any oral information given to him/her in respect
of his Trading Account might be partial and unverified. The Client accepts sole risk and
responsibility for any reliance on the aforementioned information. The Company does
not give any warranty that pricing or other information supplied by it through its trading

27
software, or any other form is correct or that it reflects current market conditions.

4. Processing of Trade Requests and Orders


● A. The processing of a Client’s request and/or order shall be carried out as follows:
● Following submission of a request/order, such request/order shall
undergo a correctness test on the Trading Platform;
● The request/order shall be sent from the Trading Platform to the server;
● The request/order shall undergo a correctness test by the server;
● The server shall then forward the results of the correctness test to the
Trading Platform;
● In case that the connection between the trading platform and the server is
correct, the trading platform will receive the results of processing of the Client
request or order by the Company.
● B. The time of the process may vary and depends on the quality of the communication
between the Trading Platform and the server of the Company, as well as on the market
conditions. In normal market conditions, the time of the process usually varies between
0–4 seconds. In market conditions that differ from normal, the time of Client
request/order processing can be higher than that.
● C. The server of the Company may refuse the Client’s request/order in the following cases:
● a. If the client sends the request before the first quote on the Trading Platform on
the market opening:
1. If there is not enough funds in the Client’s account for opening a
new position;
2. If the Client sends the request/order before the opening of the
trading session;
3. When market conditions differ from normal, such as there is significant
volatility or instability in the markets, or the industry as a whole,
preventing us from providing our services in an orderly manner, including
any instances where we are unable to receive data and/or we receive
incorrect data from our service providers.
● b. When using the trading platform, it is allowed to use only one tab of the
browser. In case of using several tabs of the browser, the results of trade can
be corrected and/or canceled.
5. Quotes

1. The Client acknowledges that the only reliable source of quote flow information is the
main server for customer requests. The quotes on the Trading Platform cannot serve as
a reliable source of information about the real quotes flow, as in the case of unstable
connection between the Trading Platform and the server, part of the quotes from the
flow may not reach the Trading Platform.

28
2. The graphs displayed on the Trading Platform are indicative. Thus, the Company does
not guarantee that the transaction will be made at the same prices specified on the
graphs in the Trading Platform at the time of submission of the other customer
transactions.
3. The price displayed on the Trading Platform is formed by the formula (Bid+Ask)/2.
4. Non-market quote – the price on the Trading Platform which does not correspond to the
price on the market at this moment of time (hereinafter referred to as the “Non-market
price”).
5. In case that the Company executed the Client’s request/order for Non-market quote,
the following shall be imposed on the Company’s duty:
a. In case of position closing – correction of the financial result between
incorrect closing of the position and closing according to real market price
corresponding to the closing moment of transaction according to Non-market
price.
b. In case of position opening – the Company reserves the right to cancel the
financial result regarding such position.

6. Copyright

1. EXINE LIMITED a company registered round Floor, The Sotheby Building, Rodney Village,
Rodney Bay, Gros-Islet, Saint Lucia (hereinafter “We” or “Company” or “Exnie”). We are
the controller and responsible for the data of the Client disclosed to us in order to register
for a Trading Account, Demo Account and/or to make use of any other services offered by
us through the website (hereinafter “Website”) (this term shall at all times include
Website’s desktop and mobile versions).

2. Copyrights and Intellectual Property (IP) on the Website are the Company's property or
of third parties which have authorized the Company to use such IP on the Website and
Service(s). It is forbidden to copy, distribute, duplicate, present in public, or deliver the
copyrighted material, in whole or in part, to third parties. It is forbidden to alter,
advertise, broadcast, transfer, sell, distribute or make any commercial use of the
copyrighted material, in whole or in part, except with duly signed prior permission from
the Company.
3. Unless explicitly stated otherwise, any material and/or message, including without
limitation, idea, knowledge, technique, marketing plan, information, questions, answers,
suggestions, emails and comments (hereinafter – “Information”) delivered to the
Company shall not be considered the Client's confidential or proprietary right of.
Consent to the Agreement will be considered as authorization to the Company to use
the entire Clients' Information (excluding Clients' Information designated for personal
identification), at the absolute and sole discretion of the Company without requirement
of any additional permission from the Client and/or the payment of any compensation
due to such use.

29
4. The Client undertakes that any notice, message or any other material supplied by the
Client shall be appropriate and shall not harm other persons, including their proprietary
rights. Client shall refrain from uploading or sending any illegal and/or harmful and/or
disturbing to other Clients material, and is strictly forbidden from taking any action,
which might damage the Company.

7. Content and Third Parties’ Websites


1. The Website might include general information, news, comments, quotes and other
information related to financial markets and/or advertising. Some information is
supplied to the Website by unaffiliated companies.
2. The Company does not provide investment research. All news, comments, quotes and
other information related to financial markets published by the Company are of a
promotional/marketing nature only.
3. The Company does not prepare, edit or promote the information/links and/or
other information provided by unaffiliated companies.
4. The Company will not be liable for the content of any third-party websites or the actions
or omissions of their proprietors, nor for the contents of third-party advertisements and
sponsorship on those websites. The hyperlinks to other websites are provided for
information purposes only. Any Client and/or potential client uses any such links at
his/her own risk.

8. Processing of Client Orders to Open Positions

1. If the amount of available funds is sufficient to open a position, the position will be opened.
2. If the size of the available funds is insufficient to open a position, the position will
not be opened.
3. The Client’s order to open a position is processed, and the position is opened only after
the corresponding entry in the server log file. Each new position is assigned with a
serial number.

9. Processing of Client Orders to Close Positions

Closing of trading positions occurs at the current price at the trading server at the moment of
closing of the trading operation.

10. OTC Assets


1. An OTC Asset or “over the counter” is an asset that is traded out of the regular
market (hereinafter referred to as the “Asset”).
2. The Asset’s price is formed from data for trade requests and orders of the Clients,

30
received by the Company.
3. The Client acknowledges that by making trade requests and orders on such Asset,
he/she understands the essence of the work of such an Asset and the pricing algorithm
of the Asset.
4. The Client acknowledges that by making trade requests and orders on such Assets,
he/she admits that the only reliable source of quoting information is the main server
for the trade orders of the Clients.

11. Fraud
In the event that the Company has reasonable suspicion to believe and/or comes to its attention
that the Client has acted fraudulently with regard to the subject matter of the Agreement,
including without limitation to the following occurrences:

● Fraud associated with credit card transactions and other ways to fill a balance
that does not belong to the Client;
● Fraud associated with the use of software for false trading results;
● Fraud associated with errors and system failures for false trading results,

The Company shall be entitled to block the Client's account without prior notice and without the
possibility of further money withdrawal, and/or entitled to unilaterally terminate the Agreement
in the extrajudicial procedure.

12. Benefits

The Company may provide benefits to clients, including but not limited to, VIP status,
tournaments and/or other privileges (“Benefits”), at its absolute discretion and subject to
fulfilling the required conditions.

The Client acknowledges and accepts:

1. The Company reserves the right, without prior notification, to amend or cancel any
of the Benefits provided at any time for any reason;
2. Conditions are subject to change at any time and may vary depending on each region;
3. It is prohibited to abuse any of the privileges provided by the Company (e.g. creating
multiple trading accounts to claim these Benefits);
4. The client may submit a request to [email protected] to stop receiving such Benefits
at any time.

13. Foreign Exchange

1. For any conversion required to be effected from one currency to another for the
execution of any order, the Company is entitled at its absolute discretion to debit the

31
Client’s Trading Account with the equivalent amount of the transaction in the currency
in which the Client holds the Trading Account.
2. The Client acknowledges and agrees that he shall undertake all risks deriving from any
such conversion and, in particular, the risk of loss which may be incurred as a result of
the fluctuation in the exchange rates.

14. Boom Options / Volatility Index


By using this product, the Client agrees and acknowledges to the following:

1. The round is generated randomly, and the expiration time can vary from 0.1
to 60 seconds. To ensure fairness and equal chances for all Clients, the Boom
Option algorithm determines the deal specification before the round starts.
These specifications can be decrypted by Clients after the round expires.
2. To receive a payout, the Client shall (a) accurately predict whether the starting
point of the round will expire 'higher' or 'lower', and (b) close the deal before the
expiration time.
3. The “auto mode”, automates the opening of the deals on a continuous basis
at the beginning of each round and automatically closes transactions when
the predetermined take profit percentage is reached. The Client retains the
right to opt out and disable the auto mode functionality on the platform at any
time.
4. The Client may close the deal only under the following conditions: (a) before the
round starts, and (b) before the expiration of the round, provided that the deal is
in a profitable state.

32

You might also like