License and Use of the Trading Platform. 11.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by the Company is not available to persons residing in any country where CFD trading activity or such services would be contrary to local law or regulation. It is the Client’s responsibility to ascertain the terms of and comply with any local law or regulation to which it is subject; • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto. 11.2. Without derogating from the above, the Company reserves the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in its sole and absolute discretion. 11.3. The Client shall inform the Company in writing if he/she encounters any problems with the Trading Platform. 11.4. The Client may: • only use the Trading Platform for so long as he/she is authorized to do so; • not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and • use the Trading Platform (including the Account Credentials) only by him/her. • not use the Trading Platform for illegal or inappropriate purposes; 11.5. In the event that the Company accepts the Client, then the Company shall open a Trading Account in the Client’s name which will allow him/her to place Orders on the Company’s Trading Platform. It is agreed and understood that the Company offers different types of Trading Accounts, which have different Margin Requirements and characteristics. 11.6. When logging into the Company's Trading Platform, the Client must use their registered user ID and password (“Codes”) that were created during the online account opening process. If the Client becomes aware of any unauthorized use of the Trading Platform or suspects that their password has been compromised by a third party, they should promptly notify the Company. 11.7. The Client is responsible for maintaining the confidentiality of all information, including the Codes, related to the electronic systems, transaction activities, account balances, and other information and orders. It is the Client's sole responsibility to ensure the accuracy of all information and orders sent via the internet using their Codes. The Company is not liable for any unauthorized use of the Codes by third parties, and the Client acknowledges this. 11.8. The Company is not responsible for any losses incurred as a result of the Client's installation of the Trading Platform on his personal computer(s). If the Client chooses to use the Trading Platform, he/she is responsible for ensuring that his/her computer system is adequately insured against direct and indirect losses that may arise from the installation and use of the Trading Platform. Additionally, the Client is advised to create backup copies of data to prevent any potential losses in case of data loss. 11.9. When using the Company’s platform, the Client shall: • inform the Company immediately of any unauthorized access to its system or instruction which the Client know of or suspect and, if within its control, cause such unauthorized use to cease; and • not at any time leave the terminal from which the Client have accessed the trading platform or let anyone else use the terminal until he has logged off the trading platform. 11.10. Subject to applicable regulations, the Company is not liable for: a) Any loss, expense, cost, or liability (including consequential loss) arising from instructions or communications made via the internet or other electronic media. The Client is solely responsible for orders and the accuracy of information sent through electronic media. b) Any damage to equipment or software caused by viruses, defects, or malfunctions related to accessing or using the electronic systems. 11.11. If the Client wishes to use third-party software applications for trading signals, advice, or other trading assistance, such as an “expert advisor” or a hosting environment, prior written consent from the Company is required. The Company and its third-party suppliers or licensors do not provide warranties or representations, expressed or implied, for such services. The Client assumes all risks associated with using any information obtained through these services, and the Company and its third-party suppliers or licensors disclaim any responsibility for the accuracy or quality of such information. The Company has the right to suspend or terminate the Client's Account if the use of additional functionalities/plug-ins affects the reliability, smooth operation, or orderliness of the electronic systems. 11.12. The Client must notify the Company immediately if he/she becomes aware that his/her Account Codes have in any way become compromised or if any third party may be able to access the Trading Platform. 11.13. If the Company believes that there is likely to be a breach of security, it may require the Client to change his/her Account Codes or suspend his/her access to the Trading Platform. The Company reserves the right to edit, amend or issue new Account Codes or require a change of Client’s Account Codes at any time by giving notice to him/her. 11.14. The Client is responsible for ensuring that he/she alone controls access to his/her Account Codes, and that no minor or other person is granted access to the Trading Platform using his/her Account Codes. The Client acknowledges that he/she is ultimately and solely responsible for all actions on the Trading Platform through his/her Registration Data including any unauthorized disclosure of his/her Account Credentials. 11.15. If the Company is informed from a reliable source that the Client’s Account Codes may have been received by unauthorized third parties, the Company may, at its discretion without having an obligation to the Client, deactivate the Client Account. 11.16. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain access to information, including electronic addresses, electronic communication, personal data and Account Codes when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means. 11.17. The Client shall indemnify, defend, and hold the Company harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of the Trading Platform through Client’s Account Codes. 11.18. The Client acknowledges that the use of the Trading Platform, including any transactions conducted, will not violate any applicable laws, agreements, or rules affecting the Client or his/her assets.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
License and Use of the Trading Platform. 11.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by the Company is not available to persons residing in any country where CFD trading activity or such services would be contrary to local law or regulation. It is the Client’s responsibility to ascertain the terms of and comply with any local law or regulation to which it is subject; • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
11.2. Without derogating from the above, the Company reserves the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in its sole and absolute discretion.
11.3. The Client shall inform the Company in writing if he/she encounters any problems with the Trading Platform.
11.4. The Client may: • only use the Trading Platform for so long as he/she is authorized to do so; • not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and • use the Trading Platform (including the Account Credentials) only by him/her. • not use the Trading Platform for illegal or inappropriate purposes;
11.5. In the event that the Company accepts the Client, then the Company shall open a Trading Account in the Client’s name which will allow him/her to place Orders on the Company’s Trading Platform. It is agreed and understood that the Company offers different types of Trading Accounts, which have different Margin Requirements and characteristics.
11.6. When logging into the Company's Trading Platform, the Client must use their registered user ID and password (“Codes”) that were created during the online account opening process. If the Client becomes aware of any unauthorized use of the Trading Platform or suspects that their password has been compromised by a third party, they should promptly notify the Company.
11.7. The Client is responsible for maintaining the confidentiality of all information, including the Codes, related to the electronic systems, transaction activities, account balances, and other information and orders. It is the Client's sole responsibility to ensure the accuracy of all information and orders sent via the internet using their Codes. The Company is not liable for any unauthorized use of the Codes by third parties, and the Client acknowledges this.
11.8. The Company is not responsible for any losses incurred as a result of the Client's installation of the Trading Platform on his personal computer(s). If the Client chooses to use the Trading Platform, he/she is responsible for ensuring that his/her computer system is adequately insured against direct and indirect losses that may arise from the installation and use of the Trading Platform. Additionally, the Client is advised to create backup copies of data to prevent any potential losses in case of data loss.
11.9. When using the Company’s platform, the Client shall: • inform the Company immediately of any unauthorized access to its system or instruction which the Client know of or suspect and, if within its control, cause such unauthorized use to cease; and • not at any time leave the terminal from which the Client have accessed the trading platform or let anyone else use the terminal until he has logged off the trading platform.
11.10. Subject to applicable regulations, the Company is not liable for:
a) Any loss, expense, cost, or liability (including consequential loss) arising from instructions or communications made via the internet or other electronic media. The Client is solely responsible for orders and the accuracy of information sent through electronic media.
b) Any damage to equipment or software caused by viruses, defects, or malfunctions related to accessing or using the electronic systems.
11.11. If the Client wishes to use third-party software applications for trading signals, advice, or other trading assistance, such as an “expert advisor” or a hosting environment, prior written consent from the Company is required. The Company and its third-party suppliers or licensors do not provide warranties or representations, expressed or implied, for such services. The Client assumes all risks associated with using any information obtained through these services, and the Company and its third-party suppliers or licensors disclaim any responsibility for the accuracy or quality of such information. The Company has the right to suspend or terminate the Client's Account if the use of additional functionalities/plug-ins affects the reliability, smooth operation, or orderliness of the electronic systems.
11.12. The Client must notify the Company immediately if he/she becomes aware that his/her Account Codes have in any way become compromised or if any third party may be able to access the Trading Platform.
11.13. If the Company believes that there is likely to be a breach of security, it may require the Client to change his/her Account Codes or suspend his/her access to the Trading Platform. The Company reserves the right to edit, amend or issue new Account Codes or require a change of Client’s Account Codes at any time by giving notice to him/her.
11.14. The Client is responsible for ensuring that he/she alone controls access to his/her Account Codes, and that no minor or other person is granted access to the Trading Platform using his/her Account Codes. The Client acknowledges that he/she is ultimately and solely responsible for all actions on the Trading Platform through his/her Registration Data including any unauthorized disclosure of his/her Account Credentials.
11.15. If the Company is informed from a reliable source that the Client’s Account Codes may have been received by unauthorized third parties, the Company may, at its discretion without having an obligation to the Client, deactivate the Client Account.
11.16. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain access to information, including electronic addresses, electronic communication, personal data and Account Codes when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
11.17. The Client shall indemnify, defend, and hold the Company harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of the Trading Platform through Client’s Account Codes.
11.18. The Client acknowledges that the use of the Trading Platform, including any transactions conducted, will not violate any applicable laws, agreements, or rules affecting the Client or his/her assets.
11.19. The Client acknowledges that network issues, internet connectivity delays, price feed delays or errors, technical malfunctions, and other factors may occasionally cause discrepancies in the prices displayed on the Trading Platform. These discrepancies may affect market rates, balances, and/or transactions in trading accounts. Trading strategies or operations that exploit such delays, errors in prices, spreads, commissions (including third-party commissions), or other trading conditions, such as concluding trades at off-market prices or taking advantage of any technical errors, are strictly prohibited on the Trading Platform.
11.20. The Company reserves the right, at its sole discretion, to prohibit any abusive exploitation of the Trading Platform or related services. Any transactions that rely on price latency arbitrage or similar tactics may be cancelled at the Company's discretion without prior notice.
11.21. The Company has implemented, and will continue to enhance, tools designed to detect any fraudulent or unlawful access to, and use of, the Trading Platform. Any disputes arising from such fraudulent or prohibited trading activities will be resolved at the Company’s sole and absolute discretion, in a manner deemed most equitable to all parties involved. The Company's decision will be final and binding on all participants. Furthermore, the use of any software that negatively impacts the performance of the Company’s servers and impairs the Company's ability to deliver optimal order execution services to its clients is strictly prohibited.
11.22. If the Company reasonably suspects that the Client is deliberately or systematically exploiting errors in prices, spreads, trading conditions, or commissions, the Company may take one or more of the following actions:
a) Restrict or block the Client’s access to the Trading Platform;
b) Adjust the account(s) involved, including modifying spreads, commissions, or other relevant terms;
c) Restrict the involved account(s) to manual quotations or require prior Company approval for any orders;
d) Cancel any historic trading profits gained through the abuse of market conditions or liquidity;
e) Modify or remove any special trading conditions or benefits provided to the Client, or restrict trading activities;
f) Take any other necessary action deemed appropriate by the Company;
g) Confiscate any profits or revenues earned from exploiting errors, charge additional fees, nullify any gains, and refund only the original deposit amount (excluding any fees for deposits or withdrawals);
h) Refuse the Client’s request to withdraw funds from the account.
i) Terminate the Agreement immediately;
j) Close the Client's account(s), including any accounts held by the same account holder or other related parties involved in the activity, by providing written notice;
k) Take legal action to recover any losses incurred by the Company
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 11.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by the Company is not available to persons residing in any country where CFD trading activity or such services would be contrary to local law or regulation. It is the Client’s responsibility to ascertain the terms of and comply with any local law or regulation to which it is subject; • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
11.2. Without derogating from the above, the Company reserves the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in its sole and absolute discretion.
11.3. The Client shall inform the Company in writing if he/she encounters any problems with the Trading Platform.
11.4. The Client may: • only use the Trading Platform for so long as he/she is authorized to do so; • not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and • use the Trading Platform (including the Account Credentials) only by him/her. • not use the Trading Platform for illegal or inappropriate purposes;
11.5. In the event that the Company accepts the Client, then the Company shall open a Trading Account in the Client’s name which will allow him/her to place Orders on the Company’s Trading Platform. It is agreed and understood that the Company offers different types of Trading Accounts, which have different Margin Requirements and characteristics.
11.6. When logging into the Company's Trading Platform, the Client must use their registered user ID and password (“Codes”) that were created during the online account opening process. If the Client becomes aware of any unauthorized use of the Trading Platform or suspects that their password has been compromised by a third party, they should promptly notify the Company.
11.7. The Client is responsible for maintaining the confidentiality of all information, including the Codes, related to the electronic systems, transaction activities, account balances, and other information and orders. It is the Client's sole responsibility to ensure the accuracy of all information and orders sent via the internet using their Codes. The Company is not liable for any unauthorized use of the Codes by third parties, and the Client acknowledges this.
11.8. The Company is not responsible for any losses incurred as a result of the Client's installation of the Trading Platform on his personal computer(s). If the Client chooses to use the Trading Platform, he/she is responsible for ensuring that his/her computer system is adequately insured against direct and indirect losses that may arise from the installation and use of the Trading Platform. Additionally, the Client is advised to create backup copies of data to prevent any potential losses in case of data loss.
11.9. When using the Company’s platform, the Client shall: • inform the Company immediately of any unauthorized access to its system or instruction which the Client know of or suspect and, if within its control, cause such unauthorized use to cease; and • not at any time leave the terminal from which the Client have accessed the trading platform or let anyone else use the terminal until he has logged off the trading platform.
11.10. Subject to applicable regulations, the Company is not liable for:
a) Any loss, expense, cost, or liability (including consequential loss) arising from instructions or communications made via the internet or other electronic media. The Client is solely responsible for orders and the accuracy of information sent through electronic media.
b) Any damage to equipment or software caused by viruses, defects, or malfunctions related to accessing or using the electronic systems.
11.11. If the Client wishes to use third-party software applications for trading signals, advice, or other trading assistance, such as an “expert advisor” or a hosting environment, prior written consent from the Company is required. The Company and its third-party suppliers or licensors do not provide warranties or representations, expressed or implied, for such services. The Client assumes all risks associated with using any information obtained through these services, and the Company and its third-party suppliers or licensors disclaim any responsibility for the accuracy or quality of such information. The Company has the right to suspend or terminate the Client's Account if the use of additional functionalities/plug-ins affects the reliability, smooth operation, or orderliness of the electronic systems.
11.12. The Client must notify the Company immediately if he/she becomes aware that his/her Account Codes have in any way become compromised or if any third party may be able to access the Trading Platform.
11.13. If the Company believes that there is likely to be a breach of security, it may require the Client to change his/her Account Codes or suspend his/her access to the Trading Platform. The Company reserves the right to edit, amend or issue new Account Codes or require a change of Client’s Account Codes at any time by giving notice to him/her.
11.14. The Client is responsible for ensuring that he/she alone controls access to his/her Account Codes, and that no minor or other person is granted access to the Trading Platform using his/her Account Codes. The Client acknowledges that he/she is ultimately and solely responsible for all actions on the Trading Platform through his/her Registration Data including any unauthorized disclosure of his/her Account Credentials.
11.15. If the Company is informed from a reliable source that the Client’s Account Codes may have been received by unauthorized third parties, the Company may, at its discretion without having an obligation to the Client, deactivate the Client Account.
11.16. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain access to information, including electronic addresses, electronic communication, personal data and Account Codes when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
11.17. The Client shall indemnify, defend, and hold the Company harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of the Trading Platform through Client’s Account Codes.
11.18. The Client acknowledges that the use of the Trading Platform, including any transactions conducted, will not violate any applicable laws, agreements, or rules affecting the Client or his/her assets.
11.19. The Client acknowledges that network issues, internet connectivity delays, price feed delays or errors, technical malfunctions, and other factors may occasionally cause discrepancies in the prices displayed on the Trading Platform. These discrepancies may affect market rates, balances, and/or transactions in trading accounts. Trading strategies or operations that exploit such delays, errors in prices, spreads, commissions (including third-party commissions), or other trading conditions, such as concluding trades at off-market prices or taking advantage of any technical errors, are strictly prohibited on the Trading Platform.
11.20. The Company reserves the right, at its sole discretion, to prohibit any abusive exploitation of the Trading Platform or related services. Any transactions that rely on price latency arbitrage or similar tactics may be cancelled at the Company's discretion without prior notice.
11.21. The Company has implemented, and will continue to enhance, tools designed to detect any fraudulent or unlawful access to, and use of, the Trading Platform. Any disputes arising from such fraudulent or prohibited trading activities will be resolved at the Company’s sole and absolute discretion, in a manner deemed most equitable to all parties involved. The Company's decision will be final and binding on all participants. Furthermore, the use of any software that negatively impacts the performance of the Company’s servers and impairs the Company's ability to deliver optimal order execution services to its clients is strictly prohibited.
11.22. If the Company reasonably suspects that the Client is deliberately or systematically exploiting errors in prices, spreads, trading conditions, or commissions, the Company may take one or more of the following actions:
a) Restrict or block the Client’s access to the Trading Platform;
b) Adjust the account(s) involved, including modifying spreads, commissions, or other relevant terms;
c) Restrict the involved account(s) to manual quotations or require prior Company approval for any orders;
d) Cancel any historic trading profits gained through the abuse of market conditions or liquidity;
e) Modify or remove any special trading conditions or benefits provided to the Client, or restrict trading activities;
f) Take any other necessary action deemed appropriate by the Company;
g) Confiscate any profits or revenues earned from exploiting errors, charge additional fees, nullify any gains, and refund only the original deposit amount (excluding any fees for deposits or withdrawals);
h) Refuse the Client’s request to withdraw funds from the account.
i) Terminate the Agreement immediately;
j) Close the Client's account(s), including any accounts held by the same account holder or other related parties involved in the activity, by providing written notice;
k) Take legal action to recover any losses incurred by the Company
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 11.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by the Company is not available to persons residing in any country where CFD trading activity or such services would be contrary to local law or regulation. It is the Client’s responsibility to ascertain the terms of and comply with any local law or regulation to which it is subject; • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
11.2. Without derogating from the above, the Company reserves the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in its sole and absolute discretion.
11.3. The Client shall inform the Company in writing if he/she encounters any problems with the Trading Platform.
11.4. The Client may: • only use the Trading Platform for so long as he/she is authorized to do so; • not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and • use the Trading Platform (including the Account Credentials) only by him/her. • not use the Trading Platform for illegal or inappropriate purposes;
11.5. In the event that the Company accepts the Client, then the Company shall open a Trading Account in the Client’s name which will allow him/her to place Orders on the Company’s Trading Platform. It is agreed and understood that the Company offers different types of Trading Accounts, which have different Margin Requirements and characteristics.
11.6. When logging into the Company's Trading Platform, the Client must use their registered user ID and password (“Codes”) that were created during the online account opening process. If the Client becomes aware of any unauthorized use of the Trading Platform or suspects that their password has been compromised by a third party, they should promptly notify the Company.
11.7. The Client is responsible for maintaining the confidentiality of all information, including the Codes, related to the electronic systems, transaction activities, account balances, and other information and orders. It is the Client's sole responsibility to ensure the accuracy of all information and orders sent via the internet using their Codes. The Company is not liable for any unauthorized use of the Codes by third parties, and the Client acknowledges this.
11.8. The Company is not responsible for any losses incurred as a result of the Client's installation of the Trading Platform on his personal computer(s). If the Client chooses to use the Trading Platform, he/she is responsible for ensuring that his/her computer system is adequately insured against direct and indirect losses that may arise from the installation and use of the Trading Platform. Additionally, the Client is advised to create backup copies of data to prevent any potential losses in case of data loss.
11.9. When using the Company’s platform, the Client shall: • inform the Company immediately of any unauthorized access to its system or instruction which the Client know of or suspect and, if within its control, cause such unauthorized use to cease; and • not at any time leave the terminal from which the Client have accessed the trading platform or let anyone else use the terminal until he has logged off the trading platform.
11.10. Subject to applicable regulations, the Company is not liable for:
a) Any loss, expense, cost, or liability (including consequential loss) arising from instructions or communications made via the internet or other electronic media. The Client is solely responsible for orders and the accuracy of information sent through electronic media.
b) Any damage to equipment or software caused by viruses, defects, or malfunctions related to accessing or using the electronic systems.
11.11. If the Client wishes to use third-party software applications for trading signals, advice, or other trading assistance, such as an “expert advisor” or a hosting environment, prior written consent from the Company is required. The Company and its third-party suppliers or licensors do not provide warranties or representations, expressed or implied, for such services. The Client assumes all risks associated with using any information obtained through these services, and the Company and its third-party suppliers or licensors disclaim any responsibility for the accuracy or quality of such information. The Company has the right to suspend or terminate the Client's Account if the use of additional functionalities/plug-ins affects the reliability, smooth operation, or orderliness of the electronic systems.
11.12. The Client must notify the Company immediately if he/she becomes aware that his/her Account Codes have in any way become compromised or if any third party may be able to access the Trading Platform.
11.13. If the Company believes that there is likely to be a breach of security, it may require the Client to change his/her Account Codes or suspend his/her access to the Trading Platform. The Company reserves the right to edit, amend or issue new Account Codes or require a change of Client’s Account Codes at any time by giving notice to him/her.
11.14. The Client is responsible for ensuring that he/she alone controls access to his/her Account Codes, and that no minor or other person is granted access to the Trading Platform using his/her Account Codes. The Client acknowledges that he/she is ultimately and solely responsible for all actions on the Trading Platform through his/her Registration Data including any unauthorized disclosure of his/her Account Credentials.
11.15. If the Company is informed from a reliable source that the Client’s Account Codes may have been received by unauthorized third parties, the Company may, at its discretion without having an obligation to the Client, deactivate the Client Account.
11.16. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain access to information, including electronic addresses, electronic communication, personal data and Account Codes when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
11.17. The Client shall indemnify, defend, and hold the Company harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of the Trading Platform through Client’s Account Codes.
11.18. The Client acknowledges that the use of the Trading Platform, including any transactions conducted, will not violate any applicable laws, agreements, or rules affecting the Client or his/her assets.
Appears in 1 contract
Samples: Client Agreement