PREAMBLE

Welcome to PRIMEDGE. Please carefully read these Terms and Conditions before using this website and services and check periodically for any changes. Use of the services may result in the loss of any invested funds while trading. You should carefully consider whether trading and/or the services suit your needs, your financial resources, and personal circumstances.

ANY USE OF THIS WEBSITE (the “Site”), OR THE SERVICES AVAILABLE ON THE SITE OR THROUGH OUR MOBILE OR OTHER APPLICATIONS FROM TIME TO TIME (including without limitation the available information, trading platform, software, programs, tools, components, upgrades, updates and all related applications, available now or in the future, collectively the “Services”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH ALL OF THESE TERMS AND CONDITIONS (the “Agreement”). Portions of the Services may be subject to other terms and conditions and policies, and your use of such services is subject to and conditioned upon your acceptance of such additional terms and conditions and policies.

This Agreement as well as any additional terms and conditions and/or policies as described above, within the Agreement and found on the website can be amended from time to time and you agree to be bound by any such amendment. It is your responsibility to check PRIMEDGE website from time to time for any amendments.

These Terms and Conditions shall govern the agreement between PRIMEDGE (hereinafter the “Company”) and the end user of the services offered by PRIMEDGE (“the Client”).  

By accepting these Terms and Conditions, the Client hereby confirms and acknowledges that the Client understands and agrees with these terms and understands their content. If the Client should not agree with any of these terms and conditions set out below and should not wish to be bound by them, the Client should not access or in other ways use the website and Services.

By opening an account and accepting these Terms and Conditions, the Client shall enter into a binding legal agreement with the Company and the Client’s use of the services shall be governed at all times by this Agreement.

This Agreement is a distance contract under which the signing of an Agreement is not required and has the same right and liabilities as a duly signed agreement.

1. SERVICES

A Client is not engaging in the buying or selling of any asset or commodity. The Client shall, as such, be entering into an agreement for these services when opening an account and accepting this agreement. The Client acknowledges and agrees that the Services will be carried out on a non-delivery basis only and that at no point will the Client be entitled to the physical delivery of any financial instrument and/or asset.

You should be aware that among the features of the services: (i) the prices and expiration period quoted through the services may not correspond to any other market price available to you from different markets at the point in time; and (ii) a broad range of information displayed on the site may quickly become unreliable or change for various reasons including but not limited to due to volatility. Further, differences in prices may occur in short time periods and may cause high profits or losses in relation to transactions you complete through the services. There is no existing method that can assure profits from transactions. We are under no obligation to quote any particular price.

You may not use or rely on prices quoted through the services for any purpose other than trading through the services, and you agree not to redistribute such prices to others (for commercial or any other purpose).

You should also be aware of the risks associated with using an internet or mobile-based system for trading options, including but not limited, the failure of hardware, software, and internet connection.

The site and the services are intended for and should only be used by individuals or entities that have sufficient experience and knowledge and capable of evaluating the data and information displayed on the site, and the merits and risks of using the services. By using the services, you acknowledge that you are aware of all of the risks associated with the services (including without limitation full information and knowledge regarding online trading transactions) and have the financial capability to finance your participation, that your use of this site, the services and content, is at your own discretion and risk, and that you will be solely responsible for any resulting consequences.

2. ACCOUNT REQUIREMENT

Subject to the terms of this Agreement the Client may receive the Services from the Company and enter into transactions which are to be carried out by means of an account opened by Client with the Company for such Purpose (the “Account”).

The Client acknowledges and agrees that:

(i) the Client must familiarize itself with and agree to the Privacy Policy, AML and KYC Policy and these Terms and Conditions, prior to opening an account with the Company,

(ii) except for Client’s right to execute transactions and withdraw funds from the account subject to the terms and conditions set forth herein, the Client shall have no other interest in the Account, and

(iii) Client’s use of the Account and Client’s right to obtain the Services is subject to the Company’s consent, based, inter alia, on the KYC Process (as is defined below).

3. OPENING OF AN ACCOUNT BY THE CLIENT

By instructing the Company to open an account on the Client’s behalf, the Client instructs the Company to set up the Account in the Client’s name.

The Client hereby irrevocably declares that he/she is acting on his/her own free will and for his/her own sole benefit and not for and/or on behalf of any other person or entity. Should the Client attempt to open more than one accounts under the Client’s own name or under any other name or should the Client attempt to use the Services by means of any other person’s account, the Company will be entitled to immediately close all Client’s pending transactions and accounts, retain all funds in such accounts and block Client from future use of the Services.

In consideration of the rights granted to the Client to use the Services upon the opening of an account with the Company, the Client represents, warrants, covenants and agrees that:

1. The Client is Legally of Age, of sound mind and legal competence and is capable of taking responsibility for Client’s own actions.

2. All information provided by Client to the Company either during Account opening, the KYC Process or at any time, thereafter, including as part of any payment, deposit or withdraw transaction, is true, current, correct and complete and matches the name(s) on the credit/ debit card(s) or other payment accounts to be used to deposit or receive funds in Client’s Account. The client will notify the Company promptly of any changes in such information or its accuracy as of any time. We assume that any communications and other activities through use of the data provided by you were sent or authorized by you, and you are fully responsible for all activities that occur under such communications.

3. Client’s entering into this Agreement and all Transactions contemplated hereunder, and performance of all of Client’s obligations under this Agreement and any Transaction, will not violate any statute, rule, regulation or law applicable to Client.

4. The Client has full beneficial ownership of the Account and has not granted and will not grant a security interest in the Account (other than the security interest granted to the Company hereunder) to any person.

5. The Client will be liable for all Orders given through and under its username and password and any such Orders received by the Company will be considered as received from the Client.

6. The Client has verified and determined that Client’s use of the Trading Platforms and the Services does not violate any laws or regulations of any jurisdiction that apply to Client.

7. The Client fully understands the methods, rules and procedures of the Services and the execution of Transactions in general. Furthermore, the Client has sufficient experience and/ or knowledge in trading to be capable of evaluating the merits and risks of trading without relying on any information contained in this Website or in any other information or marketing communication of the Company.

8. The Client has implemented and plans to operate and maintain appropriate protection in relation to the security and control of access to Client’s account, computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.

9. The Client will only be able to open up an account in terms of supplying us with the corresponding contact number used during registration on the website. Non-corresponding contact numbers will require further verification.

10. The Client will not use the website or the Services for the purpose of money laundering or any other illegal activity.

In order to fully verify the Client, the Company will require a copy of the Client’s valid passport with the signature page, A copy of the Client’s credit card/cards being used to make the deposit (front side with only the first 6 and 4 last digits visible, back side with the CVV covered, signed on the designated area), A copy of a recent utility bill in the Client’s name clearly displaying the Client’s address and a signed purchase history of the Client’s online transactions. By requesting for an account to be opened on the Client’s behalf, the Client agrees to provide these documents to the Company.

Once an account is open in the Client’s name, the Client is responsible to monitor the Client’s Account and to notify the Company immediately if it comes to the Client’s attention that The Client’s Access Codes are lost or being used by an unauthorized third party. Also, the Client agrees to immediately notify the Company should the Client become aware of any failure to receive a message indicating the reception and/ or execution of an Order, the accurate confirmation of an execution, any information for the Client’s Account balances, orders or transactions history as well as in case the Client receives confirmation of an Order that it did not place.

4. COMPLIANCE

The Client understands and accepts that upon its registration on the Website or at any time thereafter, the Company is required to conduct a “Know Your Client Process” (“KYC Process”) and anti-money laundering checks (“AML Checks”) and comply with the General Data Protection Regulation, where applicable. The KYC Process and the AML Checks may require the Company to obtain certain documents from the Client which shall typically include an identity card, passport or driver’s license, proof of address such as a utility bill, and proof of payment method and client source of funds and wealth.

If deemed necessary, the Company may request additional documents and/ or that any document copies are notarized, meaning that the documents are stamped and attested by a Notary Public.

The Client is directed to the KYC, AML and Privacy Policy in order to familiarize him/herself with the Company’s Policies with regards to this. By the Client directing the Company to open an account on his/her behalf, the Client agrees to comply with these policies and provide the requested information.

In the event that any requests for documents and information in compliance with the Company’s policies are not completed by the Client or otherwise approved by the Company, the Company may at its sole discretion decline to open an Account, block an Account from trading or terminate this Agreement, and may withhold any funds that are present in the Account until such time as the Company satisfied with the documents to be presented by the Client in accordance to its policies and these Terms and Conditions.

Should the documents fail the Company’s internal compliance checks or applicable policies the Company shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of its findings with regards to these documents.

5. LIMITATIONS TO US SERVICES

Due to legal constraints or internal policies, we may be unable to offer our complete range of services to customers residing in specific countries (these are known as "restricted countries"). Restricted counties are the following: Afghanistan, Belarus, Bosnia & Herzegovina, Burundi, Bulgaria, Burkina Faso, Cameroon, Central African Republic, China, Democratic People's Republic of Korea (DPRK – North Korea), Democratic Republic of the Congo, Guatemala, Guinea, Iran, Haiti, Iraq, Jamaica, Lebanon, Libya, Mali, Mozambique, Moldova, Montenegro, Myanmar (Burma), Nicaragua, Niger, Philippines, Russia, Serbia, Senegal, Somalia, South Sudan, Sudan, Syria, Tanzania, Trinidad, Tobago, Tunisia, Turkey, Ukraine, United States, Venezuela, Yemen, Zimbabwe.

We may change the list of restricted countries, as well as the Services that are available in a restricted country, from time to time.

6. TRADING INSTRUCTIONS

The Company accepts all orders on a best-effort basis only. In terms of this, the Company will have no liability for failure to execute orders and makes no representations, warranties or guarantees of an order’s priority over the orders of its other counterparties.

The Company will have the right, but not the obligation, to reject any order before or after confirmation or to cancel any Transaction where the execution of such order violates any applicable laws, rules or is otherwise illegal or as otherwise set forth in this Agreement, and subject to the other terms and conditions set forth in this Agreement.

Without prejudice to any other provisions herein, the Client acknowledges that the Company shall have the right, at its discretion, at any time and for any reason and without giving any notice and/ or explanation to: refuse, reverse, suspend, freeze, or close any and all Transactions, quotes and orders, including without limitation in the event of irregular market conditions or when Client uses the Trading Platforms in an abusive way by lag trading and/ or usage of server latency, price manipulation, time manipulation or any other practices which are illegal and/or are utilized to give Client an unfair advantage or which the Company considers at its own discretion as inappropriate and outside the scope of this Agreement.

The Company shall bare no liability for any potential damage the Client may suffer due to transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers.

The Client acknowledges that access to electronic systems/ trading platforms may be limited or unavailable due to system errors, and that the Company reserves its right, upon notifying the Client, to suspend access to electronic systems/trading platforms for this reason.

Any usage of third-party trading software other than software that was authorized by the Company is strictly forbidden. The Company reserves the right to cancel transactions that were executed through such unauthorized software, or to close accounts that utilized such unauthorized software.

The Company may require the Client to limit the number of open positions which the Client may have with the Company at any time and the Company may in its sole discretion close out any one or more Transactions in order to ensure that such position limits are maintained.

The position limits will be notified in advance to the Client either through the Company’s website or trading platforms. If any underlying asset becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to withdraw the specific trading instrument from the Company’s trading platform.

The Company has the right to set control limits in relation to Client’s orders at its own and absolute discretion. Such limits may be amended, removed, or added and may include without limitation:

● controls over maximum order amount and size;

● controls over the electronic systems and/ or trading platforms to verify for example the Client’s identity during the receipt of the order; or

● any other limits, parameters or controls which the Company may deem required to be implemented in accordance with Applicable Policies.

7. COLLATERAL

As a condition to the performance of transactions in the Account, the Client must provide and maintain with the Company sufficient funds to secure any new or open transactions prior to, and following, the execution of any order placed with the Company, as determined by the Company in its sole discretion from time to time.

The Client may at its discretion, or shall if requested by the Company, increase the Collateral amount in the account by making further deposits. At no time will the Client maintain Margin in an amount less than required by the Company. In all cases, Margin deposits will be deemed made when received by the Company.

The Company will not be responsible for any losses that the Client may incur as a result of such liquidation or set off. In the event the Collateral is insufficient for the payment of all liabilities under this Agreement and the Account.

It is hereby agreed that if the Company informs the Client of a margin call and the margin call exceeds the amount of cash in his deposit account and if lower than USD 100 (or the same absolute amount in an alternative currency), the Company has the right to recover the remaining amount of the margin required by enforcing the promissory note. The maximum amount of the promissory note will be equal to the difference between the Client’s deposit and the margin call. The Company will not enforce the promissory note if the margin call of the Client is lower or equal to the Client deposit at any point in time.

8. DEPOSIT REQUIREMENT

Following the entering into of this Agreement, Client will transfer to the Account a deposit in such minimal amount, by form of bank transfer, credit card or payment undertaking, as determined by the Company and notified to the Client. Such first deposit together with any profits and losses from existing open and closed Transactions, credits and debits from daily rollovers, and charges on account of commissions, if applicable, shall serve as Collateral for the performance of Transactions in the Account (“Collateral” or “Margin”), and are hereby pledged by Client as a first degree and sole pledge in favor of the Company and will be subject to a security interest and right of setoff for the discharge of any and all of Client’s obligations or indebtedness to the Company under this Agreement. Such pledge will remain in effect until this Agreement has been terminated and all of Client’s obligations to the Company hereunder have been indefeasibly satisfied. Without prejudice to any rights of the Company, including rights in any other security provided by the Client, the Client hereby irrevocably and unconditionally authorizes the Company (which may but is not obliged) to cover or liquidate any position or Collateral in any manner which the Company, in its sole discretion, deems appropriate, to set-off, at any time and from time to time, any Collateral amounts in the Account against any and all funds owed by Client to the Company for commission, as principal, as reimbursement of expenses, against chargebacks made by the Client which are considered as unjustified by the Company or otherwise and to close the Account in the event that the Margin in the Account shall fall below the minimum margin determined by the Company both without need for any prior notice to the Client.

The Client acknowledges that the minimum amount of margin deposit required to open an Account with the Company and perform transactions in the Account is USD 200 (or the same absolute amount in an alternative currency). 

The Company may, at its sole discretion, and from time to time, including on an ad-hoc basis, change the minimum Margin requirements, set different minimum Margin requirements for different assets and notify the Client of the need to make further deposits to keep the minimum Margin requirement, by providing the Client with a notice to that effect.

9. WITHDRAWALS

Upon written request, the Client may withdraw from its Account such excess Collateral that is not required to margin open positions or otherwise required to satisfy Client’s obligations to the Company. Such withdrawal will be affected within seven (7) Business Days from the date of receipt of Client’s written request, therefore. For avoidance of doubt any such transfer by the Company is subject to

(i) Any and all applicable laws such as money laundering laws, any requirements for withholding of tax and any foreign currency regulations,

(ii) Client providing full identification as required by the Company,

(iii) Client is not in a breach of this Agreement, and

(iv) Client duly signed any deposit confirmation requested by the Company. Withdrawals shall only be made in the currencies deposited by the Client, provided that the Company supports these currencies as currencies of the Account.

Funds appearing on Clients’ account may include agreed or voluntary credit tokens and incentives, or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds (“Non-Deposited Funds”). Please note unless otherwise explicitly agreed, Non- Deposited Funds are not available for immediate withdrawal. Further, due to technical limitations, Non-Deposited Funds may be assigned to Client’s account in certain occasions (for example, for the technical purpose of allowing the closing of positions or an indebted account). Please note non- deposited funds, including profits gained on account of or derived of the same, are not Client’s funds. If a withdrawal of Non-Deposited Funds has been confirmed, the Company shall have full right to reclaim any and all such funds.

Please be advised that standard admin fee of 5% will charged and deducted from Client’s account when a Withdrawal request is processed.

10. ORDER AND INSTRUCTIONS

The Client will place all orders through the Trading Platforms.

All transactions shall be subject to and carried out in accordance with the Trading Conditions and other conditions set out on the Website and the Company prevailing practice as applicable at such time. All the Trading Conditions, including without limitation, market hours, minimum quantities (where applicable) and expiry dates, shall be detailed in the relevant pages on the Website. All Trading Conditions may be amended by the Company from time to time at its sole discretion. Client will be solely liable for any loss, damage, costs, or expenses arising out of or in connection with its Transactions and use of the Trading Platforms.

The Company will accept all orders on a best-effort basis only. The Company will have no liability for failure to execute orders and makes no representations, warranties, or guarantees of an order’s priority over the orders of its other counterparties. The Company will have the right, but not the obligation, to reject any order before or after confirmation or to cancel any Transaction where the execution of such order violates any applicable law, rule or is otherwise illegal or as otherwise set forth in this Agreement, and subject to the other terms and conditions set forth in this Agreement.

Without limiting the foregoing or from any of the Company’s rights under applicable law, if the Company in its sole discretion determines that Client is engaging or has engaged in trading strategies or activities designed intentionally to exploit errors in price quotations, the Company may, upon notice to the Client, cancel transactions, suspend the Client’s account, hold Client’s funds and terminate this Agreement.

The Client will be provided with Access Codes for gaining online access to the Company’s website and/ or trading platforms, thereby being able to place orders for any Instrument available from the Company and entering into Transactions with the Company. Further, the Client will be able to trade on the Company’s Trading Platforms with and through the Company with the use of a personal computer, smartphone or any other similar device that is connected to the internet. In this respect, the Client understand that the Company can, at its absolute discretion, terminate Client’s access to the Company’s systems in order to protect both the Company’s and the Client’s interests and to ensure the systems’ effectiveness and efficiency.

The Client is responsible to monitor the Client’s Account and to notify the Company immediately if it comes to the Client’s attention that The Client’s Access Codes are lost or being used by an unauthorized third party. Also, the Client agrees to immediately notify the Company should the Client become aware of any failure to receive a message indicating the reception and/ or execution of an Order, the accurate confirmation of an execution, any information for the Client’s Account balances, orders or transactions history as well as in case the Client receives confirmation of an Order that it did not place.

The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/ or personal data, through the exchange of these data between you and the Company and/ or any other party using the Internet or other network or electronic mean available.

The Company is not responsible for any power cuts or failures that prevent the use of the system and/ or the Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures.

The Company shall have no liability for any potential damage the Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The Client acknowledges that access to electronic systems/ trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right, upon notifying the Client, to suspend access to electronic systems/ trading platforms for this reason.

Any usage of third-party trading software other than software that was authorized by the Company is strictly forbidden and the Company reserves the right to cancel transactions that were executed through such unauthorized software.

The Company reserves the right at its sole discretion to close out, replace or reverse any Transaction, buy, sell, borrow or lend or enter into any other Transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at the Company’s sole discretion, the Company consider necessary or appropriate to cover, reduce or eliminate its loss or liability under or in respect of any of Client’s commitments.

Cancellation of Transactions: the Company may open, maintain and/ or close your account, as well as seize, retain, hold and/ or forfeit all or part of the funds (including profits) held in your account, cancel any actions (including, but not limited to, any trades performed via your account) and recover and/ or forfeit any and all profits paid to you or to which you are entitled; the Company’s rights in accordance with this clause will be at its sole discretion, including, but not limited to, in the following situations:

● Any instance when the Company has cause to believe that a person’s activities on the site may be illegal or fraudulent;

● Any instance where the Company has cause to believe activities on the site may amount to unethical, unfair or predatory practices. This includes but is not limited to ‘scalping’.

● Any instance where the Company may suffer any fiscal, regulatory, or pecuniary disadvantage by virtue of anyone’s activities;

● Any instance where one or more transactions on the site are judged by the Company to have been performed in violation of this agreement;

● Orders placed on prices that have been displayed as a result of system errors or systems malfunctions either of those of the Company or of its third-party service providers, or are priced in an abnormally low level of risk.

11. DORMANT ACCOUNTS

Any trading account held with the Company in which the Client has not placed a trade and/or made a deposit for a period greater than 90 days shall be classified by the Company as a Dormant Account. Should a Client have open trades but has not accessed the account for a period longer than 90 days, the Company reserves the right to close such trades, and then close the Client’s account. The Client further acknowledges and confirms that such accounts will be subject to a 10% or USD 100 (or the same absolute amount in an alternative currency) handling fee, whichever amount is greater, per month. The Client further agrees that any Accounts having a zero or negative balance shall be considered as Dormant Accounts. In this case, the Company will automatically deactivate the account. For the reactivation of a Dormant Account, the Client must contact the Company. The Dormant Account will then be reactivated subject to, if required, up-to-date Client identification documentation to be provided to the Company and or Company discretion.

12. NEGATIVE ACCOUNT BALANCE

In the event a Client’s account balance falls into a negative position,  PRIMEDGE.IO reserves the right to take appropriate action to remedy the situation. This may include, but is not limited to, the suspension or closure of the client's account until the negative balance is cleared. The client shall be responsible for promptly settling any outstanding amounts to bring the account balance to a positive position.  PRIMEDGE.IO will make reasonable efforts to notify the client of the negative balance and any impending account actions. Continued failure to rectify a negative account balance may result in the termination of the client's access to the platform.

12.1 CLIENT LIABILITY FOR SUSTAINED NEGATIVE BALANCE

Where a Client's account balance remains in a negative position for a period exceeding forty-eight (48) hours from the time the negative balance first arises, the Client shall be fully and solely liable for the outstanding negative amount. The Client acknowledges and agrees that it is their responsibility to monitor their account balance at all times and to take immediate action to rectify any negative balance. The Company will make reasonable efforts to notify the Client of the negative balance via the contact details registered on the Client's account, including but not limited to phone and email; however, the Client's liability shall not be conditional upon receipt of such notification. In the event that a negative balance is not rectified within the forty-eight (48) hour period, the Company reserves the right, at its sole discretion, to take any or all of the following actions without further notice to the Client:

● Immediately suspend or restrict the Client's access to the Trading Platform;

● Permanently close the Client's account;

● Set off any available funds, credits, or assets held within the Client's account against the outstanding negative balance;

● Pursue recovery of the outstanding amount through any lawful means available to the Company.

Following the expiry of the forty-eight (48) hour period, and prior to taking any of the actions listed above, the Company shall make no fewer than five (5) documented attempts to contact the Client via their registered phone number and/or email address. Should the Client fail to respond to all five (5) contact attempts, the Client shall be formally designated as unreachable, at which point the Company reserves the right to proceed with any or all of the actions outlined above without further obligation to notify the Client. The Client agrees that it is their sole responsibility to ensure that their registered contact details are accurate and up to date at all times, and that failure to maintain current contact information shall not excuse the Client from their obligations under this clause.

The closure of a Client's account pursuant to this clause shall not extinguish or otherwise affect the Client's obligation to repay any outstanding negative balance owed to the Company. The Company expressly reserves all rights to recover such amounts, and the Client agrees to cooperate fully with any reasonable recovery process initiated by the Company.

13. ACCOUNT RESTRICTION

If the Company in its sole discretion determines that Client is engaging or has engaged in trading strategies or activities designed intentionally to exploit errors in price quotations, the Company may, upon notice to the Client, cancel transactions, suspend the Client’s account, hold Client’s funds, and terminate this Agreement.

The Client agrees not to attempt to abuse the Trading Platforms in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency or applying practices such as but not limited to price manipulation, lag trading, time manipulation.

The Company shall have no liability for any potential damage the Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The Client acknowledges that access to electronic systems/ trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right, upon notifying the Client, to suspend access to electronic systems/ trading platforms for this reason.

14. COMMISSIONS AND CHARGES

Services provided to a Client may be subject to charges and or fees. The Company may change its fee structures at any time. It is the Client’s responsibility to remain updated of any amendments. Before placing trades, a Client should obtain all information regarding fees and commissions. Transactions may be subject to tax and other duties due to legal regulations, banking policies or personal circumstances.

15. REFUND POLICY

The transaction a Client authorizes will be debited from his/her bank card immediately. No invoice or receipt will be provided to the Client. Confirmation of successful transaction will be reflected in a Client’s balance on their account. If a Client is not satisfied with our trading platform, the Client can apply for a refund of his / her remaining balance through our Platform. Please note that if a Client has accepted Credit Tokens, he / she will have to follow the Credit Token Policy and/or Agreement. Upon application for a refund, all logins and memberships may be deactivated automatically by the Company. Whether a Client’s application will be approved or declined shall be at the sole discretion of the Company. Please allow up to 3 business days for our customer support team to address a Client’s request. Our support team will contact the Client to confirm the request or to ask for additional information if needed. All refunds will be issued in the form of payment in which they were made. Refunds in excess of the original amount are prohibited.

16. SUPPORT REQUESTS AND COMPLAINTS

The Company offers a free complaints and customer support service in respect of the Platform. We seek to acknowledge clients written requests and written complaints within 3 business days and to resolve (where possible) complaints within 5 to 15 business days. During periods of high trading on the Platform, however, it may take us longer to respond to a Client’s request or complaint. This can occur from time to time because of the extreme volatility and sensitivity to market sentiment. For this reason, we do not guarantee our response times. We believe it is better that our Client’s understand upfront that there may be delays from time to time.

17. RISKS

All Transactions shall be carried out on behalf of Client and at Client’s sole responsibility, risk and expense. The Client absolves the Company of any responsibility for any loss, damage or debt to the Client arising directly or indirectly out of or in connection with this Agreement or any Transactions made pursuant thereto, except in the event of gross negligence or willful misconduct on the part of the Company.

The Client declares that the Client has fully read and understood the Risk Policy before entering into this Agreement and has had an appropriate opportunity to ask the Company any question about the same.

By the entry into each and every Transaction in connection with this Agreement, Client shall be deemed as having reread and reaffirmed this Agreement including without limitation all annexes. The Client is aware and acknowledges that there is a great risk of incurring losses and damages as a result of the activity through the Website and the services and accepts that he/ she is willing to undertake this risk upon entering into this business relationship. The Client agrees to use the website at Client’s own risk.

Without limiting the foregoing, the Services contained within this site are suitable only for Clients who are able to bear the loss of all the money they trade, and who understand the risks and have experience in taking risks involved in trading.

The Client agrees and acknowledges that it is solely responsible for any strategy, transaction or composition of any account and taxation consequences, and it shall not rely for these purposes on the Company, its employees or its advertising materials. The Client further acknowledges and understands that the Company shall bear absolutely no responsibility in any manner or form whatsoever, regardless of the circumstances, for any such strategy, transaction, or information, composition of any account and/or taxation consequences.

The Client acknowledges and agrees that any information given to him/ her on the Account or with respect to trading and/ or any information provided, if given, may be unverified and incomplete and that any reliance on such information is at Client’s sole risk and responsibility. The Company makes no warranty, express or implied, that any pricing or other information provided by it, through the Website, the services or by telephone or otherwise is correct or reflects current conditions. Furthermore, the Company does not make any warranties or guarantees with respect to their services, the Website and their content, including but not limited to, warranties for merchantability or fitness for a particular purpose.

18. INDEMNIFICATION AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE ANY PART OF THIS SITE OR THE SERVICE OR ANY SITES LINKED TO THIS SITE, OR (II) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION WITH RESPECT TO THE CONTENT; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. Without derogating from any of the foregoing, our total aggregate liability under this Agreement, if any, in connection with the Site, the Services or the Content or the Agreement will be limited to the amount of the Transaction giving rise to such claim. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Service, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

Without prejudice to the provisions of the above, the Company shall not be liable to the Client for any loss, damage or cost of any nature incurred by Client directly or indirectly by any cause beyond the Company’s control, including and without limitation, the Company’s inability to perform any Transaction or the improper or partial performance of any Transaction due to technical reasons (such as, without limitation, damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software) or otherwise, except in case of gross negligence or willful misconduct on the part of the Company.

If a quoting error (known to Client or of which the Client should reasonably know) occurs due to Company mistake, the Company will not be liable for the resulting errors in Account balances. The Company reserves the right to make necessary corrections or adjustments to the records of the Account involved in any such error. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value of the underlying asset at the time the error was made.

YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.

The Company shall not be held liable for any loss, damage or expense incurred by the Client in relation to, directly or indirectly arising from but not limited to:

a) Any error or failure or interruption or disconnection in the operation of the Company’s Platforms or any delay caused by the Client’s equipment and/or software and/or internet connection, any technical problems, system failures, communication failures, account access issues, security breaches and unauthorized access and/or other similar computed problems and/or defects;

b) Force Majeure Events;

c) Human error;

d) Any incorrect prices and/or data and/or information;

e) The acts and/or omissions of third parties;

f) Slippage;

g) Abnormal Market Conditions;

h) Any acts or omissions of the Client and/or his/her representatives;

19. TERMINATION

These Terms & Conditions can be terminated at any time by either party giving 10 Business Days written notice to the other party:

Unless otherwise agreed in writing between the parties upon termination of these Terms & Conditions the Company will close out, abandon or exercise any option not yet exercised, at the Company’s discretion.

Should any event occur which has the effect of making or declaring it unlawful or impracticable for the Company to offer the services to the Client in accordance with the terms outlined in these Terms & Conditions, the Company may immediately terminate these Terms & Conditions by providing the Client with written notice.

In the event of these Terms & Conditions being terminated, a Closing Notice must be provided by the Client in respect of all open positions. Such notice must be provided within 5 Business Days of the termination date. Should the Client fail to unwind any open position within the 5 Business Days’ notice period, the Company reserves the right to close out positions as if a Default Event had occurred in accordance with these Terms & Conditions.

Termination of these Terms & Conditions and/or any Contract or agreement shall not release either party from any existing obligations or from any liabilities for any antecedent breach of any of the terms of these Terms & Conditions and will not relieve the Client of any obligations the Client may owe to the Company in accordance with these Terms & Conditions prior to its termination.

Rights under these Terms & Conditions can only be waived in writing, such waiver not to affect the waiving party’s rights or entitlements in respect of subsequent breaches of these Terms & Conditions and/or any Contract Failure to compel performance shall not be construed as a waiver.

20. GENERAL

If any provision of these Terms and Conditions shall be determined to be invalid of unenforceable under any rule, law or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws and regulations and the validity and enforceability of any other provisions of these Terms and Conditions shall not be affected.

All provisions of these Terms and Conditions which by their nature extend beyond the expiration or termination of these Terms and Conditions, including, without limitation, sections pertaining to suspension or termination, account cancellation, debts owed to the Company, general use of the Website, services, disputed with the Company and general provisions shall continue beyond such termination and/or suspension.

The Company shall not be bound by any waiver unless made by a duly signed written instrument by the Company and no waiver or amendment of this Agreement may be implied from any course of dealings between the parties or from any failure of the Company to enforce its rights hereunder.

Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.

Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between Client and the Company. The Parties agree to keep confidential all matters relation to any dispute that may arise and related court proceedings, if any, to the greatest extent practicable.

This Agreement is the entire agreement between the Company and the Client relating to the Client’s use of the Trading Platforms and the Services and supersedes and replace any previous agreements, whether in writing or oral, held between the Parties. The Client confirms that, in agreeing to accept this Agreement, Client has not relied on any representation save insofar as the same has expressly been made a representation by the Company in this Agreement.

The Company may assign its rights and/ or liabilities pursuant to this Agreement by a notice to Client. The Client may not assign its rights and/ or obligations hereunder unless with the Company prior written consent, which may be given or denied at the Company’s sole discretion.

Nothing in this Agreement shall be construed so as to grant the Client any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of Client’s account.

The Company shall request the Client to sign alternative forms as part of its compliance procedures. The Client in turn agrees to comply with all reasonable requests with regards to this. The Client acknowledges that requests for forms and signatures forms part of the Company’s Legal and Compliance Policy and as such forms part of the Agreement.