Terms and Conditions
Finateqs Corp.

Proprietary Restriction:

This controlled document is property of Finateqs Corp, any disclosure, reproduction or transmission tounauthorized parties without the prior written permission of Finateqs Corp is prohibited.

1. Introduction
1.1. Finateqs Corp is a company incorporated under the Laws of Belize with Registration Number 137723
IBC 2019 having its head office Second Floor, No. 24, Albert Hoy Avenue, Belize City, Belize, BZ and
rendering the investment and ancillary Services (hereinafter the “Company”) to its Clients through the
Trading Platform.
1.2. The present Terms and Conditions (hereinafter the “Agreement”) which is uploaded on the Website
and available for all Clients and prospective clients, set out the business terms upon which the Company
will offer Services to the Client, the rights and obligations of both Parties, and shall govern the trading
activity of the Client with the Company. By applying for the Company’s Services (e.g. when completing
the Registration Form), the Client declares to have read, understood and accepted the Agreement and itmeans that in the event that the applicant is accepted as a Client of the Company, the Client and theCompany shall be bound by these. For this reason, all prospective Clients are advised to read carefully all
the documents which form the Agreement and any other letters or notices sent by the Company andmake sure that they understand and agree with them before entering into an agreement with theCompany.
1.3. The Agreement overrides any other agreements, arrangements, express or implied statements madeby the Company or any Introducer(s).
1.4. The Agreement shall be binding upon and shall inure to the benefit of the Parties and their permitted
successors and assigns.
1.5. If the Client does not meet face to face with the Company to conclude this Agreement, and insteadthe communication is done through the Website and/or over the telephone, and/or by writtencorrespondence (including electronic mail (e-mail), then the Company shall, also send to the Client anelectronic mail (e-mail) that contains access to durable format of the documents that form the Agreement.

2. Definitions ​– Interpretations
2.1. In this Agreement:‘​Abusive Trading​’ shall include any of the following actions such as, but not limited to placing “buy stop”
or “sell stop” Orders prior to the release of financial data, arbitrage, manipulations, lag trading, usage ofserver latency, price manipulation, time manipulation, hunting of trading benefits, a combination offaster/slower feeds, abuse of the cancelation of trades feature available on the Trading Platform or use(without the prior and written consent of the Company) of any software, which applies artificial intelligence
analysis to the Company’s systems and/or Trading Platform(s) and/or Client’s Trading Account;‘​Access Code​’ shall mean the username and password given by the Company to the Client for accessing
the Company’s Trading Platform;‘​Agreement​’ shall mean this present Terms and Conditions together with the Appendices, as amended
from time to time, and as can be found on the Website under the Legal Documents section;2‘​Appendices​’ shall mean: “Order Execution Policy”, “Conflict of Interest Policy”, “ Risk Disclosure”,“Leverage and Margin Policy”, “Privacy Policy” and “Complaint Handling Procedure” as amended fromtime to time, and as can be found on the Website;‘​Applicable Regulations​’ shall mean all applicable laws and regulations of Saint Vincent and the
Grenadines and other rules of the relevant Underlying Market, as amended from time to time which shallbe binding upon under the present Agreement;‘​Ask​’ shall mean the buying price of a financial instrument;‘​Balance​’ shall mean the sum on the Client’s Trading Account after the last transaction made within any
period of time; deposits minus withdrawals and realized profit & loss;‘​Balance Currency​’ shall mean the monetary unit in which all balances, commission fees and paymentsof the Client’s Trading Account are nominated and calculated;‘​Base Currency​’ shall mean the first currency in Currency Pair;‘Bid​’ shall mean the selling price of a Financial Instrument;‘​Business Day​’ shall mean any day, other than a Saturday or a Sunday, or the 25th of December, or the
1st of January or any other Saint Vincent and the Grenadines or international holidays to be announced
on the Website;‘​Client​’ shall mean any natural or legal person who agrees to the present Agreement, as amended fromtime to time;‘​Client’s Trading Account​’ shall mean the special personal account for internal calculation and Client’s
deposits, opened by the Company in the name of the Client. The various documents which form theAgreement, including but not limited to the present Terms and Conditions and Appendices, may use theword trading account or client’s trading account interchangeably, which all have the same meaning andapply to all such trading accounts held under the name of the Client;‘​Contract for Differences​’ (‘CFD’) shall mean the Contract for Differences on currency pairs;‘​Contract Specifications​’ shall mean each lot size or each type of the Financial Instruments offered by
the Company as well as all necessary trading information concerning spreads, margin requirements etc.,
as determined in the Website and/or the Trading Platform;‘​Equity​’ shall mean the provided part of the Client‘s Trading Account including open positions which aretied to the balance and floating (Profit/Loss) by the following formula: Balance + Profit - Loss. These are
the funds on the Client‘s sub-account reduced by the current loss on the open positions and increased by
the current profit on the open positions;‘​Financial Instruments​’ shall mean the CFD Contracts available for trading and other derivative
contracts;3‘​Floating Profit/Loss​’ shall mean the unrealized profit (loss) of open positions at current prices of theunderlying currencies, contracts or stocks, equity indexes, precious metals or any other commodities
available for trading;‘​Force Majeure​’ events shall include, without limitation, any technical difficulties such as
telecommunications failures or disruptions, non-availability of the Website, e.g. due to maintenance
downtime, declared or imminent war, revolt, civil unrest, catastrophes of nature, statutory provisions,
measures taken by authorities, strikes, lockouts, boycotts, or blockades, notwithstanding that theCompany is a party to the conflict and including cases where only part of the Company’s functions areaffected by such events;‘​Free Margin​’ shall mean the funds not used as the guarantee to open positions, calculated as: Free
Margin = Equity – (used) Margin;‘​Inactive Trading Account​’ shall mean any Client’s Trading Account in which the Client did not open any
position(s) and/or close any position(s) and/or kept on hold any open position(s) for a period of six (6)months;‘​Lot​’ shall mean a unit measuring the transaction amount, equalling to 100,000 of base currency (i.e. 1 lot= 100,000 of base currency in the case of a CFD on currency pairs);‘​Margin​’ shall mean the necessary guarantee funds to open positions, as determined in the contract
specification;‘​Margin Call​’ shall mean the forced closing, at current prices, by the Company of Client’s open positions
when equity falls below the minimum required margin;‘​Margin Level​’ shall mean the index characterizing the account, calculated as: Equity/Margin;‘​Open Position​’ shall mean the deal of purchase (sale) not covered by the opposite sale (purchase) of
the contract;‘​Operating (Trading) Time of the Company​’ shall mean the period of time within a business week,where the trading terminal of the Company provides the opportunity of trading operations with financial
instruments. The Company reserves the right to alter this period of time as fit, upon notification to theWebsite; Please refer to paragraph 9.2 of this Agreement for more information regarding the Company’s
operating time.
‘​Order​’ shall mean the request for the transaction execution;‘​Party’ or ‘Parties​’ shall mean the Company or the Client referred to individually as a "Party" and both ofthem together, collectively as the "Parties";‘​Pending Order​’ is an order that has been entered into the trading platform but will not be executed
unless certain conditions are met; the most common types of pending orders are Buy/Sell limit; Buy/Sell
Stop; Stop loss and Take Profit;‘​Platform​’ ​‘Trading Platform​’ shall mean the electronic mechanism operated and maintained by theCompany, consisting of a trading platform, computer devices, software, databases, telecommunication4

hardware, programs and technical facilities, which facilitates trading activity of the Client in Financial
Instruments via the Client’s Trading Account;‘​Power of Attorney​’ shall mean the power to authorize a third party to act on behalf of the Client in thespecified business relationship with the Company;‘​Registration Form​’ shall mean the application form/questionnaire completed by the Client in order toapply for the Company’s Services under this Agreement and a Client’s Trading Account, via whichform/questionnaire the Company will obtain amongst other things information for the Client’s identificationand due diligence or suitability as applicable;‘​Scalping Trades​’ shall mean any and all trades which have been closed within the two (2) minute limit
and/or the opening of a similar “opposite” trade within the 2-minute limit;‘​Services​’ shall mean the services to be offered by the Company to the Client under this Agreement, as
set out in paragraph 6 of the Agreement;‘​Spread​’ shall mean the difference between the purchase price Ask (rate) and the sale price Bid (rate) of
the financial instruments at the same moment;‘​Stop Out Level​’ shall mean such condition of account when the open positions are forcedely closed by
the Company at current prices;‘​Stop Loss Order​’ means an order placed to sell a security when it reaches a certain price. Stop loss
orders are designed to limit an investor’s loss on a position in a security;‘​Take Profit Order​’ shall mean any pending order that is attached to an open position or another pendingorder for closing the position, usually with a profit;‘​Transaction​’ shall mean any type of transaction effected in the Client‘s Trading Account including but notlimited to Deposit, Withdrawal, Open Trades, Closed Trades, Transfers between other accounts which
belong to the Client or an authorized representative;‘​Underlying Asset​’ shall mean the financial instrument (e.g. stock, futures, commodity, currency, index)
on which a derivative’s price is based;‘​Underlying Market​’ shall mean the relevant market where the Underlying Asset of a CFD is traded;‘​Website​’ shall mean the Company’s website at forexmart.com or such other website(s) as the Company
may maintain from time to time.
2.2. All references to the singular herein shall also mean the plural and vice versa unless the context
otherwise requires.
2.3. Words importing the masculine shall import the feminine and vice versa.
2.4. Any reference to any act or regulation or Law shall be that act or regulation or Law as amended,
modified, supplemented, consolidated, re-enacted or replaced from time to time, all guidance noted,

5

directives, statutory instruments, regulations or orders made pursuant to such and any statutory provisionof which that statutory provision is a re-enactment, replacement or modification.

3. Client Application and Acceptance and Commencement of the Agreement
3.1. After the Client fills in and submits the Registration Form together with all the required identification
documentation, required by the Company for its own internal checks, the Company will send him a notice
informing him whether he has been accepted as a Client of the Company. It is understood that theCompany is not to be required to accept a person as its Client until all documentation it requires has been
received by the Company, properly and fully completed by such person and all internal Company checks
have been satisfied.
3.2. The Agreement shall take effect and commence upon the receipt by the Client of a notice sent by
the Company informing the Client that he has been accepted as the Company’s Client and that a Client’s
Trading Account has been opened for him. The Agreement shall remain in force until terminated underparagraph 20 below.

4​​. Services
4.1. The Services to be provided by the Company to the Client under this Agreement are the following:a) Reception and Transmission of orders in relation to one or more financial instrumentsb) Execution of Orders on behalf of clients
In addition, the Company will provide to you with the following ancillary services:a) Safekeeping and administration of Financial Instruments, including custodianship and related
services such as cash/collateral management;b) Granting credits or loans to an investor to allow him to carry out a transaction in one or morefinancial instruments, where the firm granting the credit or loan is involved in the transaction;c) Foreign Exchange Services provided these are connected with the provision of Investment
Services of point (a) above;d) Investment research and financial analysis or other forms of general recommendation relating totransactions in financial instruments.
4.2. The Company reserves the right to offer the Financial Instruments on any Underlying Asset it
considers appropriate. The Website will be the primary means of presenting the Underlying Asset on
which the Company will offer the Financial Instrument and the Contract Specifications for each of them.
The Company reserves the right to modify the contents of the Website at any time upon notice given to
the Client under this Agreement.
4.3. It is agreed and understood that the Company offers its Services in relation to various Financial
Instruments, as these are presented on the Company’s Website. However, the Client may be allowed to
trade only in one or some of those Financial Instruments.

6

4.4. It is understood that when trading in CFDs, there is no delivery or safekeeping of the Underlying
Asset to which the CFD is referring to.

5. Advice and Commentary
5.1. The Company will not advise the Client about the merits of a particular Order or give him any form ofinvestment advice and the Client acknowledges that the Services do not include the provision of
investment advice in Financial Instruments or the Underlying Markets or Assets. The Client alone will
decide how to handle his Trading Account and place Orders and take relevant decisions based on his
own judgement.
5.2. The Company will not be under any duty to provide the Client with any legal, tax or other advice
relating to any Transaction. The Client may wish to seek independent advice before entering into a
Transaction.
5.3. The Company may, from time to time and at its discretion, provide the Client (or in newsletters which
it may post on the Website or provide to subscribers via the Website or otherwise) with information, news,
market commentary or other information but not as part of its Services to the Client. Where it does so:a) The Company will not be responsible for such information;b) The Company gives no representation, warranty or guarantee as to the accuracy, correctness orcompleteness of such information or as to the tax or legal consequences of any related
Transaction;c) This information is provided solely to enable the Client to make his own investment decisions anddoes not amount to investment advice or unsolicited financial promotions to the Client;d) If the document contains a restriction on the person or category of persons for whom that
document is intended or to whom it is distributed, the Client agrees that he will not pass it on to
any such person or category of persons;
5.4. It is understood that market commentary, news and/or other information provided or made available
by the Company are subject to change and may be withdrawn at any time without notice.

6. Trading Platform and Electronic Trading
6.1. By consenting to the Agreement, the Client is entitled to apply for Access Code, which allow him tohave access within the Company’s Platform(s), in order to be able to give Orders with the Company,
through a compatible personal computer or tablet or phone of the Client, connected to the Internet. For
this reason, subject to the Client’s obligations under this Agreement, the Company hereby grants the
Client a limited license, which is non-transferable, non-exclusive and fully recoverable, to use the Trading
Platform(s) (including the use of the Website and any associated downloadable software available fromtime to time) in order to place Orders in particular Financial Instrument(s). The Company may use
different Financial Instrument depending on the Trading Platform(s).
6.2. The Company has the right to shut down the Trading Platform(s) at any time for maintenancepurposes without prior notice to the Client, this will be done only in weekends, unless not convenient or inurgent cases. In these cases, the Platform(s) will be inaccessible.

76.3. The Client is solely responsible for providing and maintaining the compatible equipment necessary toaccess and use the Platform(s), which includes at least a personal computer or mobile phone or tablet(depending on the Platform used), internet access by any means and telephone or other access line.
Access to the internet is an essential feature and the Client shall be solely responsible for any fees
necessary in order to connect to the internet.
6.4. The Client represents and warrants that he has installed and implemented appropriate means ofprotection relating to the security and integrity of his computer or mobile phone or tablet and that he hastaken appropriate actions to protect his system from computer viruses or other similar harmful orinappropriate materials, devices, information or data that may potentially harm the Website, thePlatform(s) or other systems of the Company. The Client further undertakes to protect the Company fromany wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device
to the Platform(s) from his personal computer or mobile phone or tablet.
6.5. The Company will not be liable to the Client should his computer system or mobile phone or tablet
fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and anyother form of data integrity problems that are a result of his hardware configuration or mismanagement,
the Company shall not be liable.
6.6. The Company will not be liable for any such disruptions or delays or problem in any communication
experienced by the Client when using the Platform(s).
6.7. Orders with the Company are placed on the Platform(s), with the use of Access Code through the
Client’s compatible personal computer (or phone or tablet) connected to the internet. It is agreed andunderstood that the Company will be entitled to rely and act on any Order given by using the Access
Code on the Platform(s), without any further enquiry to the Client and any such Orders will be binding
upon the Client.
6.8. The Company declares, and the Client fully understands and accepts that the Company is not anInternet Service Provider nor shall be kept neither liable nor responsible for any electricity failures thatprevent the use of the Platform and cannot be responsible for not fulfilling any obligations under thisAgreement because of the internet connection or electricity failures. The Company reserves the right todecline any verbal instruction(s) in cases where its telephone recording system is not operational and/or
in cases where the Company is not satisfied of the caller’s/Client’s identity or in cases where thetransaction is complicated, and reserves the right to ask the Client to give instructions by any other mean,inter alia, electronic mail (e-mail).

7. Prohibited Actions on the Platform
7.1. It is absolutely prohibited for the Client to take any of the following actions in relation to theCompany’s systems and/or Platform(s) and/or Client’s Trading Account(s):a) Use, without the prior and written consent of the Company, of any software, which applies
artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client’s Trading
Account(s);b) Intercept, monitor, damage or modify any communication which is not intended for him;

8c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions
that are designed to distort, delete, damage or disassemble the Platform(s) or the communication
system or any system of the Company;d) Send any unsolicited commercial communication not permitted under applicable law or Applicable
Regulations;e) Do anything that will or may violate the integrity of the Company computer system or Platform(s)or cause such system(s) to malfunction or stop their operation;f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any
security measures that the Company has applied to the Platform(s);g) Any action that could potentially allow the irregular or unauthorised access or use of the
Platform(s);h) Send massive requests on the server which may cause delays in the execution time;i) Perform Abusive Trading.
7.2. Should the Company reasonably suspect that the Client has violated the terms of clause 7.1, it isentitled to take one or more of the counter measures of clause 11.2.

8. Safety
8.1. The Client agrees to keep secret and not to disclose his Access Code or Client’s Trading Accountnumber to any third person.
8.2. The Client should not write down his Access Code. If the Client receives a written notification of his
Access Code, he must destroy the notification immediately.
8.3. The Client agrees to notify the Company immediately if he knows or suspects that his Access Codeor Client’s Trading Account number have or may have been disclosed to any unauthorised person.
8.4. The Company will then take steps to prevent any further use of such Access Code and will issue
replacement Access Code.
8.5. The Client will be unable to place any Orders until he receives the replacement Access Code.
8.6. The Client agrees that he will cooperate with any investigation the Company may conduct into any
misuse or suspected misuse of his Access Code or Client’s Trading Account number.
8.7. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain
access to information, including electronic addresses, electronic communication, personal data, Access
Code and Client’s Trading Account number when the above are transmitted between the Parties or any
other party, using the internet or other network communication facilities, post, telephone, or any otherelectronic means.
8.8. If the Company is informed from a reliable source that the Client’s Access Code or Client’s Trading
Account number may have been received by unauthorised third parties, the Company may, at its
discretion without having an obligation to the Client, deactivate the Client’s Trading Account.

99. Execution of Orders
9.1. The Client is informed that all Orders placed by the Client are received by the Company and may betransmitted for execution directly to another entity called a Liquidity Provider or Execution Venue. Hencethe Company does not act as a counterparty of the Client in any given transaction but as a broker or
agent of the Client.
9.2. The Company’s operation time for trading is round the clock from Mondays at 00:00 and closing on
Fridays at 24:00 according to ​GMT+2 timing (or GMT+3 during daylight saving time), ​excluding market
and national holidays.
9.3. By accepting these present Terms and Conditions, the Client is accepting that he has read andunderstood and unconditionally accepted all the information provided under the title “Order Execution
Policy” that c​onstitutes an integral part of this Agreement​,as this information is loaded on the Company's
Websites which is public and available to all Clients.
9.4. The Company will be entitled to rely and act on any Order given by using the Access Code on the
Platform(s) or via phone without any further enquiry to the Client and any such Orders will be binding
upon the Client.
9.5. The Company shall, in certain circumstances (for example in case the Platform is not operational, or
the Client is facing technical problems) accept instructions, via telephone or in person, provided that theCompany is satisfied, at its full discretion, of the caller’s/Client’s identity and clarity of instructions. In
cases where an Order is being received by the Company in any means other than through the Platform,
the Order will be transmitted by the Company to the Platform and processed as if it was received throughthe Platform.
9.6. The Client has the right to authorize a third party to give instructions and/or Orders to the Company
or to handle any other matters related to this Agreement, provided that the Client has notified theCompany in writing, of exercising such a right and that this person is approved by the Company fulfilling
all of Company’s specifications for this. Unless the Company receives a written notification from the Client
stating the expressed termination of the said person’s authorization, the Company will continue accepting
instructions and/or Orders given by this person on behalf of the Client and the Client shall recognize such
Orders as valid and committing. The above written notification for the termination of the authorization to athird party has to be received by the Company with at least two (2) Business Days’ notice.
9.7. Orders cannot be changed or removed after placed in the market. Stop Loss and Take Profit Orders
may be changed even if the trade was placed in the market as long as they are higher in distance than aspecific level (depending on the trading symbol). The Client may change the expiry date of Pending
Orders or delete or modify a Pending Order before it is executed, if it is not Good ‘til Cancelled (GTC).
9.8. The transaction (opening or closing a position) is executed at the Bid / Ask prices offered to the
Client. The Client chooses desirable operation and makes a request to receive a transaction confirmationby the Company. The transaction is executed at the prices the Client can see on the screen. Due to thehigh volatility of the markets during the confirmation process the price may change, and the Company has
the right to offer the Client a new price. In the event the Company offers the Client a new price the Client
can either accept the new price and execute the transaction or refuse the new price, thus cancel the
execution of the transaction.

109.9. The Client, using electronic access, can give only the following orders of trading character:i. OPEN – to Open a Position;
ii. CLOSE ​– to Close an Open Position;iii. To add, remove, edit orders for Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, and Sell Stop.
Any other Orders are unavailable and are automatically rejected. The confirmed Open or Closed position
cannot be cancelled by the Client.
9.10. Orders can be placed, executed, changed or removed only within the operating (trading) time(please, refer to paragraph 9.2) and shall remain effective through the next trading session. The Client’sOrder shall be valid in accordance with the type and time of the given Order, as specified. If the time ofvalidity of the Order is not specified, it shall be valid for an indefinite period.
9.11. The Company shall not be held responsible or liable in the case of delays or other errors caused
during the transmission of Orders via computer.
9.12. A Corporate Event (“the Corporate Event”) are the declarations by the issuer of the Financial
Instrument of the terms of any of the following but not limited to:i. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free
distribution of shares to existing shareholders by way of a bonus, capitalization or similar issue;
ii. A distribution to existing holders of the underlying shares of additional shares, other share capital or
securities granting the right to payment of dividends and/or proceeds of liquidation of the issuer equally
proportionately with such payments to holders of the underlying shares, or securities, rights or warrants
granting the right to a distribution of shares or to purchase, subscribe or receive shares, in any case forpayment (in cash or otherwise) at less than the prevailing market price per share as determined by theCompany;iii. Any other event in respect of the shares analogous to any of the above events or otherwise having adiluting or concentrating effect on the market value of the shares;
9.13. The Company reserves the right to change the opening/closing price (rate) and/or size and/or
number of the related transaction (and/or the level and size of any Sell Limit, Buy Limit, Sell Stop, Buy
Stop order) or apply the dividend adjustment (deduction for the SELL order and compensation for the
BUY order) accordingly in case of any Underlying Asset of the Financial Instrument becomes subject topossible adjustment as the result of any event set out in clause 9.12 above. This operation is applied
exclusively to securities and has a meaning to preserve the economic equivalent of the rights andobligations of the parties under that transaction immediately prior to that Corporate Event. All actions of
the Company according to such adjustments are conclusive and binding upon the Client.
The Company shall inform the Client of any adjustment as soon as reasonably practicable;
9.14. While a Client has any open positions on the ex-dividend day for any of the Financial Instruments,
the Company reserves the right to proceed with the closure of such positions at the last price of theprevious trading day and open the equivalent volume of the underlying security at first available price after
the market movement, on the ex-dividend day. In this case, the Company has to inform the Client by11

releasing an announcement on the Website about the possibility of such actions, not later than the closingof the trading session prior to the ex-dividend day.
9.15. The Company reserves the right, at its sole discretion; to disable the Client from opening any new
positions on the ex-dividend day or prior to the ex-dividend day. In case of any unjustified profit,
generated from ex-dividend activity, the Company reserves the right and without giving a prior notice to
the Client to re-adjust the profit (i.e. remove the profit).
9.16. Orders: Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop on Financial Instruments
are executed at the declared by the Client price on the first current price touch. The Company reserves
the right not to execute the Order, or to change or to revert the opening (closing) price of the transaction
in case of the technical failure of the Platform, reflected financial tools quotes feed, and also in case ofother technical failures.
9.17. Under certain trading conditions it may be impossible to execute orders (Stop Loss, Take Profit, Buy
Limit, Buy Stop, Sell Limit, and Sell Stop) on any Financial Instrument at the declared price. In this case,
the Company reserved the right, at its sole discretion, to execute the order or change the opening(closing) price of the transaction at a first available price.
Events that might cause the above-mentioned actions on behalf of the Company are considered to be thefollowing, (the list is NOT exhausting):
i. At times of rapid price movement if the price rises or falls in one trading session to such an extent that
under the rules of the relevant exchange, trading is suspended or restricted;
ii. In the trading session start moments which has as a result, placing a Stop​—Loss Order will notnecessarily limit the client’s losses to the intended amounts, because market conditions may make it
impossible to execute such an order at the stipulated price.
9.18. The Client may submit to the Company by electronic mail (e-mail) or in writing or deliver by hand,his objection to the execution or the non-execution or the mode of execution of a transaction and/or Orderconcluded on his behalf within five Business Days from the conclusion of the transaction. Otherwise, thetransaction will be considered valid and binding for the Client.
9.19. At Margin level “Zero” the Company will automatically close all positions at market price.
9.20. The Client agrees and acknowledges that all conversations / communications between the Client
and the Company shall be recorded on magnetic, electronic and other carriers and shall be stored for aperiod of up to five (5) years. The Client further agrees that the Company has the right to use theserecords as evidence in case any dispute arises between the Company and the Client.
9.21. The Company has the right to refuse the Client in the execution of transactions through thetelephone line, if the actions of the Client are not clear and/or do not include the following operations:
opening position, closing position, changing or removing orders.
9.22. In case of Force-Majeure, hacker attacks and other illegal actions against the Server of theCompany and/or a suspension of trade in the financial markets concerning Financial Instruments of theCompany, the Company may, suspend, or close the Client’s positions and request the revision of theexecuted transactions.

12

9.23. The Quotes appearing on the Client’s terminal are based on the quotes received from a Third Party
and the Company adds a mark-up. For purposes of trading with the Company, the Client shall refer to theprices of the Company on the Platform.
9.24. The Quotes appearing on the Client’s terminal are based on the quotes from the Liquidity Provider
and are indicative quotes and hence the actual execution price may vary depending on the market
conditions. For example, if there is high volatility in the Underlying Market the execution of the Order may
change due to execution time and also the Client may ask for price, but he will get the first price that will
be in the market and this may result in positive or negative Slippage for the Client.
9.25. The Client shall not employ any means, electronic or otherwise, including software and/or
software-equipped computer or other electronic device for automatic trading in his Trading Account.
Furthermore, the Client shall not use or allow the use of a computer for the purpose of performing atransaction, in a way that the transaction performed is obstructing and/or interfering with the regular andordinary carrying out of the said transaction, as this was contemplated by the Company (including but notlimited to: expert advice software; auto clickers and other similar software). Whereas the Client wishes toact contrary to the provisions of this paragraph, he must give notice of an application in writing to theCompany, and may only act contrary to the provisions of this paragraph where the Company approves
the said application.
9.26. The Company reserves the right to change the Trading Conditions on its Website at any time. The
Client agrees to check the Trading Conditions and the full specification of the Financial Instrument before
placing any Order. The minimum volume of the transaction is 1000 base currency units for FX. Leverage
varies according to the product as shown in the Leverage and Margin Policy, available on the Company’s
website. At the opening of a Client’s Trading Account, the leverage rate is predetermined. The Client may
request for a different leverage to be applied to his/ her Trading Account by contacting the Company, andthe latter reserves the right to reject the request, in accordance with its Leverage and Margin Policy.
9.27. The Company reserves the right to change the Client’s Trading Account leverage at its sole
discretion, either for a limited time period or on a permanent basis, by informing the Client either byinternal electronic mail (e-mail) and/or in writing by regular mail and/or posting an announcement on the
Company’s Website.
9.28. The Company has the right at its sole discretion to increase or decrease spreads on Financial
Instruments depending on market conditions without any prior notice to the Client.
9.29. The Company has the right not to accept CFD trading in Currency Pairs (Forex Trading), to be
determined in its own absolute discretion, 2 minutes before and after a Critical News Release.
9.30. The Client is prohibited from performing Scalping Trades. The Company reserves the right to cancel
any trades that have been closed within the two (2) minute limit and has the right to act according toprovisions described in Paragraph 20 of this Agreement.
9.31. In case profit of any order or orders set by Client is gained with a gap in market quotes in between
trading session closing and opening price as well as in news release time, the Company reserves theright to make an adjustment of orders' result by correcting the part of profit generated by a gap.

13

10. Refusal to Execute Orders
10.1. The Client acknowledges and accepts that the Company shall have the right, to refuse to execute
any Order, amongst others in any of the following cases:
i.

ii.

iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.

Whenever the Company deems that the execution of the Order aims at or may aim at
manipulating the market of the Underlying Assets, constitutes an abusive exploitation ofprivileged confidential information (insider trading); contributes to the legislation of proceeds fromillegal acts or activities (money laundering); affects or may affect in any manner the reliability orsmooth operation of the Platform;
In calculating the said available funds, all funds required to meet any of the Client’s obligations
include, but without limitation, obligations which may arise from the possible execution of otherpreviously registered purchase Orders, which will be deducted from the cleared funds deposited
with the Company;
Internet connection or communications are disrupted;
In consequence of request of regulatory or supervisory authorities or a court order or anti-fraud oranti-money laundering authorities;
Where the legality or genuineness of the Order is under doubt;
A Force Majeure Event has occurred;
In an Event of Default of the Client, as stated below in paragraph 11;
The Company has sent a notice of Termination of the Agreement to the Client, in accordance withparagraph 20;
The Platform rejects the Order due to trading limits imposed;
Under abnormal market conditions;
The Client does not hold adequate funds in his Balance for the specific Order.

10.2. In case any Order either to Open or Close a position concerning any Financial Instrument, has been
mistakenly accepted and/or executed by the Company, the Company will make every effort to maintainthe Client’s original position. Any charges, losses or profits incurred from the actions above, will beabsorbed by the Company.

11. Events of Default
11.1. Each of the following constitutes an “Event of Default”:a) The failure of the Client to perform any obligation due to the Company;b) If an application is made in respect of the Client pursuant to a Bankruptcy Act or any equivalent
act in applicable jurisdiction (if the Client is an individual), if a partnership, in respect of one ormore of the partners, or if a company, a receiver, trustee, administrative receiver or similar officer
is appointed, or if the Client makes an arrangement or composition with the Client’s creditors or
any procedure which is similar or analogous to any of the above is commenced in respect of the
Client;c) The Client is unable to pay the Client’s debts when they fall due;d) Where any representation or warranty made by the Client under this Agreement is or becomes
untrue;e) The Client (if the Client is an individual) passes away or is declared absent or becomes of
unsound mind;

14

f)

Any other circumstance where the Company reasonably believes that it is necessary or desirable
to take any action set out in clause 11.2;g) An action set out in clause 11.2 is required by a competent regulatory authority or body or court;h) The Company reasonably considers that the Client involves the Company in any type of fraud or
illegality or breach of Applicable Regulations or the Company is placed at risk of being involved in
any type of fraud or illegality or breach of Applicable Regulations if it continues offering Services
to the Client, even when this is not due to the Client’s wrongdoing;i) The Company reasonably considers that there is a material violation by the Client of therequirements established by the legislation applied under this Agreement or other countries
having jurisdiction over the Client or his trading activities, such being materiality determined ingood faith by the Company;j) If the Company suspects that the Client is engaged into money laundering activities or terrorist
financing or card fraud or other criminal activities;k) The Company reasonably suspects that the Client performed a Prohibited Action, as statedabove in Paragraph 7;l) The Company reasonably suspects that the Client performed Abusive Trading;m) The Company reasonably suspects that the Client opened the Client’s Trading Accountfraudulently;n) The Company reasonably suspects that the Client performed forgery or used a stolen card tofund the Client’s Trading Account.
11.2. If an Event of Default occurs the Company may, at its absolute discretion, at any time and without
prior written notice, take one or more of the following actions:a) Terminate this Agreement immediately without prior notice to the Client;b) Cancel any Open Positions;c) Temporarily or permanently bar access to the Platform(s) or suspend or prohibit any functions of
the Platform(s);d) Reject any Order of the Client;e) Restrict the Client’s trading activity;f) In the case of fraud, reverse the funds back to real owner or according to the instructions of thelaw enforcement authorities of the relevant country or of the Payment Network / Institution;g) Cancel or reverse any profits and/or trading benefits gained through Abusive Trading. Losses
resulting from Abusive Trading of the Client cannot be reversed.
h) Take legal action for any losses suffered by the Company;i) Block the IP address and/or the trading account of the Client who sends massive requests on theserver which may cause delays in the execution time.

12. Settlements of Transactions and Reporting
12.1. The Company shall proceed to a settlement of all transactions upon execution of such transactions.
12.2. The Company shall provide the Client with reporting on his Orders. In regards to Client reporting
requirements, the Company will provide the Client with a continuous online access to the Client’s Trading
Account via the Platform(s) used by the Client; the Client will be able to see in the Client’s Trading
Account the status of his Order, confirmation of execution of the Order as soon as possible and no later
than the first business day following execution (including the trading date, time, type of Order, venue

15

identification, instrument identification, the buy/sell indicator, the nature of the Order, the unit quantity andprice, total consideration, total sum of commissions and expenses charged and, where the Client so
requests, an itemised breakdown) his trading history, his Balance and other information. The Client has
the right to ask the Company to send reports by electronic mail (e-mail), facsimile or on paper by post.
12.3. If the Client has a reason to believe that the confirmation, as per paragraph 12.2, is wrong or if the
Client does not receive any confirmation when he should, the Client shall contact the Company within five(5) Business Days from the date the Order was sent or ought to have been sent (in the event that a
conformation was not sent). If the Client expresses no objections during this period, the content is
considered as approved by him and shall be deemed conclusive.

13. Client Money
13.1. The Company will promptly place any Client money it receives into one or more segregatedaccount(s) with reliable financial institutions chosen by the Company such as a credit institution, or a bankor a qualifying money market fund.
13.2. In this respect, the Company shall obtain the Client’s explicit consent prior to the placement of his
funds in a qualifying money market fund.
13.3. Although the Company exercises all due skill, care and diligence in the selection, appointment andperiodic review of the above institutions of clause 13.1. of and makes such general enquiries from readily
available sources about the reliability of these institutions, the Company cannot guarantee their financial
standing and accepts no responsibility in the event of liquidation, receivership or otherwise failure of suchbank or institution which leads to a loss of all or any part of the funds deposited with them.
13.4. It is understood that the Company may keep merchant accounts in its name with payment service
providers used to settle payment transactions of its Clients. However, it is noted that such merchantaccounts are not used for safekeeping of Client money, but only to effect settlements of paymenttransactions. It is further understood that such payment service providers normally keep percentage of thedeposit (as a rolling reserve) for several months. This will not affect the balance of the Client’s Trading
Account.
13.5. The Client funds will at all times be segregated from the Company’s own money and cannot be
used in the course of its own business. It is understood that the Company may hold Client money and themoney of other clients in the same account (omnibus account) within institutions of clause 13.1.
13.6. Funds deposited may be kept in one or more omnibus accounts with any authorised regulated credit
institution which we will specify from time to time and will be held in our name denominated as Clients’funds as set out above. The legal and regulatory regime applying to any such bank or payment
processing company outside Saint Vincent and the Grenadines will be different from the legal andregulatory regime in Saint Vincent and the Grenadines and in the event of the insolvency or any otheranalogous proceedings in relation to that bank or payment processing company, Client’s money may betreated differently from the treatment which would apply if the money was held with a bank in an accountin Saint Vincent and the Grenadines. The Company will not be liable for the insolvency, acts or omissionsof any third party referred to in this clause or for any loss suffered as a result of any shortfall in any
omnibus account.

1613.7. Upon entering into the Agreement, the Client authorizes the Company to credit or debit the Client’s
Trading Account with profits or losses from trading and other relevant Company charges under the
Agreement and make the relevant reconciliations, deposits and withdrawals from the omnibus account on
his behalf.
13.8. Client money may be held on the Client’s behalf with counterparty within or outside Saint Vincent
and the Grenadines. The legal and regulatory regime applying to any such counterparty outside Saint
Vincent and the Grenadines will be different from that of Saint Vincent and the Grenadines and in theevent of the insolvency or any other equivalent failure of that person, the Client’s money may be treateddifferently from the treatment which would apply if the money was held in a segregated account in Saint
Vincent and the Grenadines. In the event of the insolvency or any other analogous proceedings in relation
to that third party, the Company may only have an unsecured claim against the third party on behalf of the
Client, and the Client will be exposed to the risk that the money received by the Company from the third
party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account; The
Client may notify the Company in writing in case he does not wish his money to be held with acounterparty outside of Saint Vincent and the Grenadines.
13.9. The Company may deposit Client money in overnight deposits and will be allowed to keep any
interest. Any interest generated from the client account shall distributed to charity.

14. Deposits and Withdrawals
14.1. The Client may deposit funds into the Client’s Trading Account at any time during the course of thisAgreement. Deposits will be made via the methods and in the currencies accepted by the Company fromtime to time. The detailed information about deposit options is shown on the homepage of the Website.
14.2. The Company shall have the right to request the Client to provide any documentation to confirm thesource of funds deposited into the Client’s Trading Account at any time. The Company shall have the rightto reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source offunds.
14.3. If the Client makes a deposit, the Company shall credit the relevant Client’s Trading Account withthe relevant amount actually received by the Company within two (2) Business Days after the funds are
fully transferred to the bank account of the Company and following relevant compliance procedures.
14.4. If the funds sent by the Client are not deposited in the Client’s Trading Account when they were
supposed to, the Client shall notify the Company and request the Company to make a banking
investigation of the transfer. The Client agrees that any charges of the investigation shall be paid by the
Client and deducted from the Client’s Trading Account or paid directly to the bank performing theinvestigation. The Client understands and agrees that in order to perform the investigation the Client has
to provide the Company with the requested documents.
14.5. It is agreed and understood that failures in the software operation may cause delays in crediting
funds to the trading account. The Company undertakes to deposit funds to the Client's trading accountmanually in the event it detects any software failures resulting in a delay in the automatic transfer offunds. The Company shall inform the Client about such a delay.

1714.6. The Client shall withdraw the money from the trading account to the payment systems available forwithdrawal in the Client Area on the Website.
14.7. The Client can withdraw their funds using the withdrawal method approved by the Company after
the Company receives a relevant request from the Client.
14.8. Upon the Company receiving a request to withdraw funds from the Client’s Trading Account, theCompany shall initiate processing the withdrawal request. Withdrawal is processed within a particular
timeframe that varies depending on the payment system. It is agreed and understood that the withdrawal
time can be increased up to five (5) additional business days. For the transactions suspected to be
fraudulent, withdrawals shall take at least 180 days until the circumstances are clarified. The relevant
requirements should be met:a) the withdrawal request includes all required information;b) the request is subject to the right of the Company to require additional information and/or
documentation prior to releasing any funds in compliance with the provisions of clause 3.2;c) the request is to make a transfer to the originating account, whether that is a bank account, apayment system account etc. from which the money was originally deposited in the Client’s
Trading Account or at the Client’s request to a bank account belonging to the Client;d) the Company, in accordance with the anti-money laundering framework, has been satisfied thatthe bank and/or credit card account where the transfer is to be made to, belongs to the Client. To
this end, the Company may request evidence such as bank statements or equivalent;e) at the moment of payment, the Client’s Balance is equal to or higher than the amount specified in
the withdrawal instruction including all payment charges, if any;f) there is no Force Majeure event which prohibits the Company from effecting the withdrawal.
The Company cannot be held responsible for delays caused by incomplete documentation or the Client’s
Bank internal procedures.
14.9. It is agreed and understood that the Company will not accept third-party or anonymous payments in
the Client’s Trading Account and will not make withdrawals to any other third party or anonymous
Account, unless in exceptional cases and upon the approval by the relevant compliance department.
14.10. Should the Client change the details within a payment system, he or she undertakes to notify theCompany about any changes by emailing the F1 form along with the proof of identity to the Company’s
Finance Department. Otherwise, the Company reserves the right to decline the Client’s request ofwithdrawal using the new payment details.
14.11. The Company reserves the right to change the withdrawal method at its sole discretion andreasonably decline a withdrawal request if the Client asks for a specific transfer method. The Company
has the right to suggest an alternative.
14.12. All payment and transfer charges of third parties will be borne by the Client and the Company shalldebit the relevant Client’s Trading Account for these charges. For more information regarding theapplicable withdrawal charges, please refer to the Company’s website.
14.13. The Client may send the request for internal transfer of funds to another Client’s Trading Accountheld by him with the Company. Such internal transfers shall be subject to the Company’s internal
procedures from time to time.

18

14.14. Mistakes made by the Company during the transfer of funds shall be refunded to the Client. It is
understood that should the Client provide wrong instructions for a transfer, the Company may be unable
to correct the mistake and the Client may have to suffer the loss.
14.15. It is understood that the Client has the right to withdraw the funds which are not used for margin
covering, free from any obligations from the Client’s Trading Account without closing the Client’s Trading
Account.
14.16. The Client agrees to pay any incurred bank or other third-party payment services provider’stransfer fees when withdrawing funds from the Client’s Trading Account to his designated bank account.
The Client is fully responsible for payments details given to the Company and the Company accepts no
responsibility for the Client’s funds if the Client’s given details are incorrect. It is also understood andagreed by the Parties, that the Company accepts no responsibility for any Client funds unless and until
they are deposited into the Company’s bank account(s). It is clarified that the Company has not
authorized any Client Introducers or other third parties to accept deposits of the Client’s funds on its
behalf.
14.17. The Client agrees that any amounts sent by the Client or on the Client’s behalf will be deposited to
the Client’s Trading Account at the value date of the payment received and net of any charges/fees
charged by the bank account providers or any other intermediary involved in such transaction process.
The Company must be satisfied that the sender is the Client or an authorized representative of the Client
before making any amount available to the Client’s Trading Account. Otherwise, the Company reserves
the right to refund / send back the net amount received to the remitter by the same method as received.
14.18. The Company shall compensate in part or in full commissions of payment systems up to theamounts indicated at https://www.forexmart.com/deposit-withdraw-page. In case the Company detects
abuse of the service, it reserves the right to debit the amount of compensated commissions from the
Client’s trading account.
14.19. The Client shall withdraw the funds deposited through an electronic payment system only to thesame payment system and with the same account details (such as a currency, an account number, etc.)
which the deposit was made from. The Company may approve, at its own discretion, withdrawal of funds
that were deposited through electronic payment systems to a bank account of the trading account owner
only after verifying further documentation provided by the Client. The Company reserves the right todecline a withdrawal request with a specific payment method at its sole discretion and suggest anotherpayment method where the Client needs to proceed with a new withdrawal request. The Company
reserves the right, if it is not satisfied with any documentation provided by the Client, to reverse thewithdrawal transaction and deposit the amount back to the Client’s Trading Account.
14.20. Any profits made by the Client can only be made to a bank account held in the name of the Client.
14.21. In the event that any amount received by the Client is reversed by the bank account provider at
any time and for any reason, the Company will immediately reverse the affected deposit from the Client‘s
Trading Account and reserves the right to reverse any other type of transactions that took place after thefunds were deposited. It is understood that these actions may result in a negative balance in all or any of
the Client‘s Trading Account(s).

1914.22. The Company reserves the right to increase, at its own discretion, withdrawal and/or depositcommissions in any system, but such an increase shall not exceed 7% added to the actual costs incurredby the Company when sending and/or receiving money through such a system. In case the Company
detects misuse of its deposit/withdrawal procedures for an exchange between payment systems, theCompany reserves the right to apply commissions for such an exchange.
14.23. It is understood and accepted by the Client that in case there is a negative balance and there areno open positions on the Client’s Trading Account, the Company acting under the terms of negativebalance protection, reserves the absolute right to manually adjust the Client’s Trading Account back tozero (0).

15. Inactive and Dormant Client’s Trading Account(s)15.1. Dormant Account Definition and Fees
In case of absence of any trading activity for a period of six (6) months of the Client’s Trading Account(i.e. Inactive Trading Account), the Company reserves the right to apply an administrative fee in order tomaintain the trading account assuming that the Client’s Trading Account has the available funds. The
administrative fee shall be announced at the Website under ‘Account Information’ as this is available on
the Company’s Website and available for all Clients.
A trading account is ​not​considered dormant under the following circumstances:●●●

The Company was under instructions from the holder of the account not to communicate with that
person (hold mail);
Under the terms of the account, withdrawals of cash or securities are prevented or there is a
penalty or other disincentive for effecting such transactions;
The holder of the account has other active account(s) and the Company maintains
communication with the client

15.2. The Company’s right to close Client Accounts If the Client Account is inactive for more than one (1)year, and after notifying the Client in its last known address, and as per clause 20 (Termination of
Agreement), the Company reserves the right to close the Client Account. Money in the dormant accountshall remain owing to the Client and the Company shall make and retain records and return such funds
upon request by the Client at any time thereafter.
15.3. Reactivating
In order for the account to be reactivated and for the maintenance fees to cease to be charged, the Client
must log into his/her account, trade and/or make a deposit and/or place a withdrawal request. We shallnot refund any inactivity fees already deducted from the Client’s account prior to such reactivation.
15.4. Penalties
No penalties will be imposed to the Client. The account will be reactivated free of charge.

20

16. Netting and Set-Off
16.1. If the aggregate amount payable by the Client is equal to the aggregate amount payable by theCompany, then automatically the mutual obligations to make payment are set-off and cancel each other.
16.2. If the aggregate amount payable by one party exceeds the aggregate amount payable by the otherparty, then the party with the larger aggregate amount shall pay the excess to the other party and all
obligations to make payment will be automatically satisfied and discharged.
16.3. The Company has the right to combine all or any Client’ Trading Account(s) opened in the Client’s
name and to consolidate the Balances in such accounts and to set-off such Balances in the event ofTermination of the Agreement.

17. Company Fees, Taxes and Inducements
17.1. The provision of the Services by the Company is subject to payment of fees such as brokerage
fees/commissions, Swaps/Rollover and other fees. It is noted that the brokerage fees/ commissions areincorporated into the Company’s quoted price (Spread). For keeping a position overnight in some types of
CFDs the Client may be required to pay or receive financing fees “Swap/Rollover”. Spreads and Swap
rates appear in the Trading Conditions on the Website and/or the Trading Platform. Any additional
Company fees (such as account maintenance fees or inactivity fees) appear on the Website and/or the
Trading Platform. The Company reserves the right to modify, from time to time, the size, the amounts andthe percentage rates of its fees as such modification will be published on the Website and/or the Trading
Platform available and public to all its Clients. Modifications are done in accordance with paragraph 19.
17.2. The Client shall be solely responsible for all filings, tax returns and reports which should be made to
any relevant authority, whether governmental or otherwise, and for payment of all taxes (including but notlimited to any transfer or value added taxes), arising out of or in connection with his trading activity with
the Company hereunder and shall pay the Company, immediately when so requested by the latter andthe Company is entitled to debit the Client’s Trading Account(s) with any value added tax or any other tax,
contribution or charge which may be payable as a result of any transaction which concerns the Client or
any act or action of the Company under the Agreement.
17.3. In case the Client fails to pay any amount by the date on which the said amount is payable, theCompany shall be entitled to debit the Client’s Trading Account(s) with the said amount and in view ofcovering the aforementioned amount.
17.4. By entering into the Agreement, the Client has read and understood and accepted the information
under the title “Terms and Conditions”, that form part of this Agreement, as this information is loaded on
the Website public and available for all Clients, in which all related fees are explained.
17.5. Should the Company pay or receive any commissions or inducements to or from Introducers, or any
other third party these shall not be charged to the Client and the Client’s Trading Account(s) balance will
not be affected.
17.6. A fee, commission or non-monetary benefit shall be considered to be designed to enhance thequality of the relevant service to the client if all of the following conditions are met:

21

●
●

●

●

●
●

It is justified by the provision of an additional or higher-level service to the relevant client,proportional to the level of inducements received, such as:
the provision of non-independent investment advice on and access to a wide range of suitablefinancial instruments including an appropriate number of instruments from third party productproviders;the provision of non-independent investment advice combined with either: an offer to the client, atleast on an annual basis, to assess the continuing suitability of the financial instruments in which
the client has invested; or with another ongoing service that is likely to be of value to the client
such as advice about the suggested optimal asset allocation of the client;
the provision of access, at a competitive price, to a wide range of financial instruments that arelikely to meet the needs of the client, including an appropriate number of instruments from third
party product providers, together with either the provision of added-value tools, such as objective
information tools helping the relevant client to take investment decisions or enabling the relevantclient to monitor, model and adjust the range of financial instruments in which it has invested, or
providing periodic reports of the performance and costs and charges associated with the financial
instruments;
It does not directly benefit the recipient firm, its shareholders or employees without a tangible
benefit to the relevant client;
It is justified by the provision of an ongoing benefit to the relevant client in relation to an ongoing
inducement.

A fee, commission, or non-monetary benefit are not considered acceptable if the provision of relevant
services to the client is biased or distorted as a result of the fee, commission or non-monetary benefit.
17.7. The Client undertakes to pay all stamp expenses relating to the Agreement and/or any
documentation which may be required for the execution of the transactions under the Agreement.

18. Company Liability
18.1. The Company shall conclude transactions in good faith and with due diligence but shall not be held
responsible or liable for any negligent or wilful or fraudulent act or omission of any person fully authorisedby the Client to act on its behalf and give instructions and Orders to the Company.
18.2. The Company shall not be held responsible or liable for any loss of opportunity as a result of which
the value of the Client’s Financial Instruments could increase or for any reduction in the value of the
Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that suchloss or reduction is directly due to deliberate omission or fraud by the Company or its employees.
18.3. If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation
to the execution or as a result of the execution of the Agreement due to the non-fulfilment of any of the
Client’s statements contained in the Agreement, it is understood that the Company bears no responsibility
whatsoever and it is the Client’s responsibility to indemnify the Company.

2219. Amendments
19.1. The Company may upgrade the Client’s Trading Account, convert Client’s Trading Account type,upgrade or replace the Platform or enhance the services offered to the Client if it reasonably considers
this is to the Clients advantage and there is no increased cost to the Client.
19.2. The Company may also change any terms of the Agreement for any of the following reasons:a) Where the Company reasonably considers that:••the change would make the terms of the Agreement easier to understand; orthe change would not be to the disadvantage of the Client.

b) To cover:••••the involvement of any service or facility the Company offers to the Client; orthe introduction of a new service or facility; or
the replacement of an existing service or facility with a new one; orthe withdrawal of a service or facility which has become obsolete, or has ceased to be widelyused, or has not been used by the Client at any time in the previous year, or it has become very
expensive for the Company to offer.

c) To enable the Company to make reasonable changes to the Services offered to the Client as a result ofchanges in:•••

the banking, investment or financial system; ortechnology; or
the systems or Platform used by the Company to run its business or offer the Services hereunder.

d) As a result of change or expected change in Applicable Regulations;e) Where the Company finds that any term in the Agreement is inconsistent with Applicable Regulations.
In such a case, it will not rely on that term but treat it as if it did reflect the relevant Applicable Regulations
and shall update the Agreement to reflect the Applicable Regulations.
19.3. As long as the Client is able to end the Agreement without charge, the Company may change any of
the terms of the Agreement for any reason not listed under clause 19.2.
19.4. For any change made clauses 19.2. and 19.3., the Company shall provide the Client with advance
written notice of at least ten (10) Business Days. However, the Client acknowledges that a change which
is made to reflect a change of Applicable Regulations may, if necessary, take effect immediately.
19.5. For any change in Agreement, where the Company elects to provide written notice via a post on theWebsite, the Company shall also provide the said written notice with an additional means of written
notice.
19.6. When the Company provides written notice of changes under clauses 19.2 and 19.3 it shall tell the
Client the date it comes into effect. The Client shall inform the Company whether the Client accepts the23said changes or whether he wishes to terminate the Agreement and not accept the change. The Client
shall not have to pay any charges as a result of terminating in this case, other than costs due and payablefor Services offered until the termination.
19.7. The Company shall have the right to review its costs, fees, charges, commissions, financing fees,
swaps, execution rules, roll over and trading times, found on the Website and/or Platform, from time totime. Such changes shall be affected on the Website and /or the Trading Platform and the Client is
responsible to check for updates regularly. In the absence of a Force Majeure event, the Company shallbe providing the Client with advance notice on its Website of at least fifteen (15) Business Days. The
Client shall inform the Company whether the Client accepts such changes or whether he wishes toterminate the Agreement and not accept the change. The Client shall not have to pay any charges as aresult of terminating in this case, other than costs due and payable for Services offered until thetermination.

20. Termination of the Agreement
20.1. The Client has the right to terminate this present Agreement by giving the Company at least five (5)days written notice, specifying the date of termination in such, on the condition that in the case of suchtermination, all pending transactions on behalf of the Client shall be completed.
20.2. The first day of the Client’s notice shall be deemed to be the date such notice has been received by
the Company.
20.3. The Company may terminate the Agreement by giving the Client at least fourteen (14) Days written
notice, specifying the date of termination in such.
20.4. The Company may terminate the Agreement immediately without giving fourteen (14) days’ notice inthe following case.
•
•
•
•
•
•
•
•
•

In an Event of Default of the Client;
Death of the Client;
If any application is made or any order is issued or a meeting is convened or a resolution isapproved or any measures of bankruptcy or winding up of the Client are taken;
Such termination is required by any competent regulatory authority or body;
The Client violates any provision of this Agreement and in the Company‘s opinion, the Agreement
cannot be implemented;
The Client violates any law or regulation to which he is subject, including but not limited to, laws
and regulations relating to exchange control and registration requirements;
The Client involves the Company directly or indirectly in any type of fraud;
The Client is not acting in good faith and the Company has grounds to believe that the Client’s
trading activity affects in any way the reliability and/or operation of the Company;
An unauthorised person is trading on behalf of the Client;20.5. The termination of this Agreement shall not in any case affect the rights which have arisen, existingcommitments or any contractual provision which was intended to remain in force after the termination andin the case of termination, the Client shall pay:

24

•
•
•

Any pending fee of the Company and any other amount payable to the Company;
Any charge and additional expenses incurred or to be incurred by the Company as a result of thetermination of the Agreement;
Any damages which arose during the arrangement or settlement of pending obligations.

20.6. Once notice of termination of this Agreement is sent and before the termination date:a) the Client will have an obligation close all his Open Positions. If he fails to do so, upon
termination, the Company will close any Open Positions;b) the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit thefunctionalities the Client is allowed to use on the Platform(s);c) the Company will be entitled to refuse to accept new Orders from the Client;d) the Company will be entitled to refuse to the Client to withdraw money from the Client’s Trading
Account and the Company reserves the right to keep Client’s funds as necessary to close
positions which have already been opened and/or pay any pending obligations of the Client underthe Agreement.
20.7. Upon Termination any or all the following may applya) The Company has the right to combine any Client’s Trading Account(s), to consolidate theBalances in such Client’s Trading Account(s) and to set off those Balances;b) The Company has the right to close the Client’s Trading Account(s);c) The Company has the right to convert any currency;d) The Company has the right to close the Client’s Open Positions;e) The Company has the right to cease to grant the Client access to the Platform, including trading,depositing and opening new positions;f) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions fromthe relevant authorities, if there is Balance in the Client’s favour, the Company will pay such
Balance to the Client as soon as possible and supply him with a statement showing how that
Balance was arrived at and, where appropriate, instruct any Nominee and/or any Custodian toalso pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s
instructions to the Company. It is understood that the Company will affect payments only to an
account in the name of the Client. The Company has the right to refuse, at its discretion, to effectthird party payments.
20.8. Upon termination of this Agreement, the Company shall immediately hand over to the Client the
Client‘s assets in its possession, provided that the Company shall be entitled to keep such Client‘s assets
as necessary to close positions which have already been opened and/or pay any pending obligations of
the Client, including, without limitation, the payment of any amount which the Client owes to the Company
under this Agreement.
20.9. In case of termination of this Agreement for a reason indicated in clause 20.4 of this Agreement, theCompany shall have no liability towards the Client and no obligation to pay the profit of the Client.

25

21. Acknowledgement of Risks
21.1. The Client unconditionally acknowledges and accepts that, regardless of any information which may
be provided by the Company, the value of any investment in Financial Instruments may fluctuate
downwards or upwards and it is even probable that the investment may become of no value.
21.2. The Client unconditionally acknowledges and accepts that he runs a great risk of incurring losses
and damages as a result of the purchase and/or sale of any Financial Instrument and unconditionallyaccepts and declares that he is willing to undertake this risk.
21.3. The Client declares that he has read, comprehends and unconditionally accepts the following:
●

●

●

●

●

●
●

Information of the previous performance of a Financial Instrument does not guarantee its current
and/or future performance. The use of historical data does not constitute a binding or safe
forecast as to the corresponding future performance of the Financial Instruments to which thesaid information refers;
Some Financial Instruments may not become immediately liquid as a result e.g. of reduced
demand and the Client may not be in a position to sell them or easily obtain information on thevalue of these Financial Instruments or the extent of the associated risks;
When a Financial Instrument is traded in a currency other than the currency of the Client’s
country of residence, any changes in the exchange rates may have a negative effect on its value,
price and performance;
A Financial Instrument on foreign markets may entail risks different to the usual risks of themarkets in the Client’s country of residence. In some cases, these risks may be greater. The
prospect of profit or loss from transactions on foreign markets is also affected by exchange rate
fluctuations;
The Financial Instruments offered by the Company are a non-delivery spot transaction and CFD
Contract giving an opportunity to trade on changes in currency rates, commodities, stock market
indices or share prices called the underlying instrument;
The value of the Financial instruments is directly affected by the price of the security or any other
underlying asset which the object of the acquisition is;
The Client should not purchase Financial Instruments unless he is willing to undertake the risks oflosing entirely all the money which he has invested and also any additional commissions andother expenses incurred.

21.4. The Client acknowledges and accepts that there may be other risks which are not contained in thisParagraph 21 and has read and accepted all information under the titles ‘’Risk Disclosure” as thisinformation is loaded on the Company’s webpage public and available to all Clients.
21.5. The Company may hold Clients’ money in omnibus accounts with financial and credit institutions. In
this respect, you are hereby warned that there is a risk of loss emanating from the use of omnibus
accounts in financial or credit institutions. In such case it may not be possible to distinguish if theparticular Client’s funds are held by a certain financial or credit institution. Omnibus accounts may also
hold other types of risks including legal, liquidation risk, haircut risk, third party risk etc.

2622. Conflicts of Interest
22.1. The Company declares that it takes all necessary measures, where possible, in order to anticipate
or solve any conflicts of interest between, on the one hand itself and its associated persons and Clientsand on the other hand, between its Clients. In any case, the Company draws the Client’s attention to thefollowing possibilities of a conflict of interest:
a. The Company and/or any associated company and/or any company which is a member of thegroup of companies to which the Company belongs to and/or any natural person related to theCompany, might:
i.
xii.
Be providing other services to associates or other Clients of the Company who may haveinterests in Financial Instruments or Underlying Assets, which are in conflict or incompetition with the Client’s interests;iii.
Be an issuer of the Financial Instruments in which the Client wishes to conclude atransaction;iv.
Act on its behalf and/or for another Client as purchaser and/or seller and may have aninterest in the Financial Instruments of the issuer in which the Client wishes to conclude atransaction;v.
Act as an Agent, and/or have any trading or other relationship with any issuer;vi.
Have an interest in the outcome of a service provided to the Client or of a transaction
carried out on behalf of the Client, which is distinct from the Client's interest in thatoutcome;vii.
Have distinct interests than the interests of the Client in case where other members of theGroup provide services to the Company (e.g. Liquidity Provider).
b. The Company may be matching the Client’s orders with that of another Client by acting on suchother Client’s behalf as well as on the Client’s behalf.
22.2. The Client has read and unconditionally accepts the “Conflict of Interest Policy” the Company has
adopted, as this policy is mentioned in detail on the Website public and available to all Clients.

23. Personal Data, Confidentiality, Recording of Telephone Calls and Records
23.1. The Company may collect Client information directly from the Client (in his completed Registration
Form or otherwise) or from other persons including, for example, the credit reference agencies, fraud
prevention agencies, banks, other financial institutions, third authentication service providers and theproviders of public registers.
23.2. Other than in connection with the provision, administration and improvement of the Services,anti-money laundering and due diligence checks, for research and statistical purposes and for marketing
purposes, information already in the public domain or already possessed by the Company without a dutyof confidentiality, will not be regarded as confidential.
23.3. The Company has the right to disclose Client information (including recordings and documents of aconfidential nature, card details) in the following circumstances:27a) Where required by law or a court order by a competent Court; in case such disclosure is required
to be made by law or any regulatory authority, it will be made on a ‘need-to-know’ basis, unlessotherwise instructed by the regulatory authority;b) Where requested by any regulatory authority having control or jurisdiction over the Company or
the Client or their associates or in whose territory the Company has Clients;c) To relevant authorities to investigate or prevent fraud, money laundering or other illegal activity;d) To such an extent as reasonably required so as to execute Orders and for purposes ancillary to
the provision of the Services;e) To credit reference and fraud prevention agencies, third authentication service providers, banks
and other financial institutions for credit checking, fraud prevention, anti-money laundering
purposes, identification or due diligence checks of the Client. To do so they may check the details
the Client supplied against any particulars on any database (public or otherwise) to which they
have access. They may also use Client details in the future to assist other companies forverification purposes. A record of the search will be retained by the Company;f) To the Company’s professional advisors provided that in each case the relevant professional shallbe informed about the confidential nature of such information and commit to the confidentiality
herein obligations as well;g) To other service providers who create, maintain or process databases (whether electronic or not),offer record keeping services, email transmission services, messaging services or similar
services which aim to assist the Company collect, storage, process and use Client information or
get in touch with the Client or improve the provision of the Services under this Agreement;h) To a Trade Repository or similar under Applicable Regulations;i) To other service providers for statistical purposes in order to improve the Company’s marketing,in such a case the data will be provided in an aggregate form;j) To market research call centres that provide telephone or electronic mail (e-mail) surveys with the
purpose to improve the services of the Company, in such a case only the contact details data will
be provided;k) Where necessary in order for the Company to defend or exercise its legal rights to any court or
tribunal or arbitrator or Ombudsman or governmental authority;l) At the Client’s request or with the Client’s consent;m) To an Affiliate of the Company or any other company in the same group of the Company;n) To permitted successors or assignees or transferees or buyers, with fifteen (15) Business Daysprior written notice to the Client;o) Client Information is disclosed in relation to U.S. taxpayers to the Inland Revenue Department inSaint Vincent and the Grenadines, which will in turn report this information to the Internal
Revenue Service (IRS) of the U.S. according to the Foreign Account Tax Compliance Act(FATCA) of the USA and the relevant InterGovernmental Agreement (IGA) between Saint Vincent
and the Grenadines and the U.S.A.
p) To third parties engaging with the Company to help carry out certain internal functions such asaccount processing, fulfilment, client service or other data collection activities relevant to theCompany’s business.
q) To credit reporting or collection agencies as reasonably required in order to provide the services
to Company and/or its clients;r) Client information is disclosed in compliance with the common reporting standard (CRS) for the
automatic exchange of financial account information developed by the Global Forum of theOrganization for Economic Co-Operation and Development (OECD); in the cases where your tax
residence is located outside Saint Vincent and the Grenadines, the Company may be legallyobliged to pass on the information and other financial information with respect to your financial
accounts to Saint Vincent and the Grenadines tax authorities and they may exchange this28

information with tax authorities of another jurisdiction or jurisdictions
intergovernmental agreements to exchange financial account information.

pursuant

to

23.4. If the Client is a natural person, the Company will use, store, process and handle personal
information provided by the Client in connection with the provision of the Services, and the Company will
supply the Client, on request, with a copy of personal data which it holds about the Client (if any). The
Company reserves the right to charge the Client an administrative fee for provision of such information.
23.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s
personal data outside Saint Vincent and the Grenadines.
23.6. Telephone conversations and electronic communications between the Client and the Company will
be recorded and kept by the Company for a period of up to five (5) years and recordings will be the soleproperty of the Company. The Client accepts such recordings as conclusive evidence of conversations sorecorded. Such recordings shall be provided to the Client upon request.
23.7. The Client accepts that the Company may, for the purpose of administering the terms of theAgreement, from time to time, make direct contact with the Client.
23.8. The Client accepts that the Company, from time to time, by telephone, facsimile, electronic mail(e-mail) or post for marketing purposes to bring to the Client’s attention products or services that may beof interest to him/her or to conduct market research.
23.9. The Client agrees that the Company will keep records containing the Client's personal data, trading
information, Client’s Trading Account(s) opening documents, communications and anything else which
relates to the Client and shall be stored for a period of up to five (5) years after termination of theAgreement.

24. Information Provided by Third Parties
24.1. The Company’s Website, Platform(s), electronic mails (e-mails), phone calls and/or any othermethod of communication with the Client(s), provide content, third party services and/or links to websites,
controlled and/or offered exclusively by third parties, which are provided ONLY as a convenience to theCompany’s Clients.
24.2. The Company hereby declares that any third-party information is being forwarded to the Company’s
Clients without limitation and without any amendment on behalf of the Company. All Clients receive thesame third-party information. Furthermore, the Company declares that the third-party information is being
forwarded without going through any method of process and/or analysis and/or editing.
The Company shall not be responsible for any loss, damage, cost or expense of any nature whatsoever(including without limitation of a direct, indirect or consequential nature, any economic, financial loss or
any other loss, or loss of turnover, profits, business or goodwill) which was incurred or suffered by third
party sites and / or services and/ or any kind of information provided by a third party to clients as aconvenience via Company’s website, platforms, emails, phone calls and/ or any other method ofcommunication with the clients.

2924.3. The information should not be construed as containing investment advice or an investment
recommendation or, an offer of or solicitation for any transactions in financial instruments.
24.4. The Company does not explicitly or implicitly endorse or approve any products, content, informationor services offered by any third-party.
24.5. The Company does not guarantee the accuracy, suitability, completeness or practicality of any
information and/or services provided by a third party. Information and/or services provided by a third party
are ONLY information and the Company SPECIFICALLY DISCLAIMS any liability. Clients using third party
services (including but not limited to websites and/or information and/or services) USE THEM AT THEIROWN RISK.

25. Communication with us - Notices
25.1 Unless the contrary is required by the Company, any notice, instructions, authorizations, requests
and or other communication between the Client and the Company under this Agreement, shall be taking
place mainly via electronic mail (e-mail). However, in case where the Client does not wish to use theelectronic mail (e-mail), he might communicate in writing via registered post. Any letter must be sent to
the Company’s registered mailing address which appears on the first page of the Agreement or to any
other address which the Company may from time to time specify to the Client. In this last case, the notice,
instructions, authorizations, requests and/or any other communication, shall take effect once the letter isreceived by the Company and not in any prior period.
25.2. The Client hereby acknowledges and accepts that the Company shall use the electronic mail’s
address he/she provided upon completion of the Registration Form for any communication based on
Clause 25.1 above. The Client further accepts that he shall inform the Company immediately in case ofan additional electronic mail (e-mail) address.
25.3. The Company reserves the right to specify any other way of communication with the Client.
25.4. The Company shall accept withdrawal requests directly from the Platform of the Client. The Client
however may be requested to provide further documentation in order to comply with the Company’s
withdrawal procedures. The Company reserves the right not to accept withdrawal requests from the
Platform and to ask the Client to submit the relevant withdrawal request form which can be found in theWebsite in writing along with any further document might be necessary in order to proceed with therequest.
25.5. The Company may, at any time, assign and/or transfer to any legal or natural person any of its rights
and/or obligations as they arise or are provided for in this present Agreement.

26. Trading Benefits
26.1. The Company reserves the right to provide its Clients with trading benefits from time to time, whichshall comply with the applicable rules and regulations.

30

26.2. Notification of such trading benefits as well as the terms and conditions that govern these shall be
posted on the Website. It is understood that trading benefits are optional, and the Client has to expressly
opt in and accept the trading benefit’s terms and conditions, in order for the Company to grant the trading
benefit.
26.3. The Client acknowledges and accepts that any trading benefit given to the Client by the Company
shall be visible on the Platform and/or by any other appropriate mean distinct from the Client’s
withdrawable equity.

27. Complaint Handling Procedure
27.1. Any Complaints shall be addressed to the Compliance Department at compliance@forexmart.com
which is an independent department within the Company. The Compliance Department shall investigate
the complaint and revert to the Client within a maximum period of eight (8) weeks.
27.2. The Client agrees to check the “Complaint Handling Procedure” found on the Website, theCompany has adopted, as this procedure is mentioned in detail on the Website and available to all
Clients.

28. General Provisions
28.1. The Client acknowledges that no representations were made to him by or on behalf of the Company
which have in any way incited or persuaded him to enter into this Agreement.
28.2. If the Client is more than one person, the Client’s obligations under the Agreement shall be joint andseveral and any reference in the Agreement to the Client shall be construed, where appropriate, as
reference to one or more of these persons. Any warning or other notice given to one of the persons which
form the Client shall be deemed to have been given to all the persons who form the Client. Any Order
and/or Instruction given by one of the persons who form the Client shall be deemed to have been given
by all the persons who form the Client.
28.3. In case any provision of the Agreement is or becomes, at any time, illegal and/or void and/or
non-enforceable in any respect, in accordance with a law and/or regulation of any jurisdiction, the legality,
validity or enforceability of the remaining provisions of the Agreement or the legality, validity or
enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shallnot be affected.
28.4. All transactions on behalf of the Client shall be subject to Applicable Regulations. The Company
shall be entitled to take or omit to take any measures which it considers desirable in view of compliancewith the Applicable Regulations. Any such measures as may be taken and all the Applicable Regulations
in force shall be binding for the Client.
28.5. The Client shall take all reasonably necessary measures (including, without prejudice to thegenerality of the above, the execution of all necessary documents) so that the Company may duly fulfil its
obligations under this present Agreement.

31

28.6. The location of detailed information regarding the execution and conditions for the investment
transactions in Financial Instruments Markets conducted by the Company, following the present Terms
and Conditions, and also the other information regarding activity of the Company are accessible andaddressed to any natural persons and legal entities at the main webpage of the Company.
28.7. The Client accepts and understands that the Company’s official language is the English language
and should always read and refer to the Website for all information and disclosures about the Company,
its policies and its activities. It is understood that the Company reserves the right to register and operate
other relevant domains (websites) for marketing and promotional purposes to specific countries, whichcontain information and disclosures to clients and prospective clients in any language other than the
English language.
28.8. The Company may at any time sell, transfer, assign or novate to a third party any or all of its rights,
benefits or obligations under this Agreement or the performance of the entire Agreement subject toproviding fifteen (15) Business Days prior written notice to the Client. This may be done without limitationin the event of merger or acquisition of the Company with a third party, reorganisation of the Company,
winding up of the Company or sale or transfer of all or part of the business or the assets of the Company
to a third party.
28.9. It is agreed and understood that in the event of transfer, assignment or novation described in clause
28.8 above, the Company shall have the right to disclose and/or transfer all Client Information (including
without limitation personal data, recording, correspondence, due diligence and client identification
documents, files and records, the Client trading history) transfer the Client’s Trading Account and theClient Money as required, subject to providing fifteen (15) Business Days’ notice.
28.10. The Client may not transfer, assign, charge, novate or otherwise transfer or purport to do so the
Client’s rights or obligations under the Agreement.

29. Applicable Law, Jurisdiction
29.1. This present Agreement shall be governed by, interpreted and construed in accordance with theLaws of of Saint Vincent and the Grenadines. Any disputes arising out of or in connection with thispresent Agreement which are not resolved amicably by mutual agreement, shall be settled in the Laws ofSaint Vincent and the Grenadines.
29.2. It is agreed by both Parties that in the event that any of the Terms and Conditions of this Agreement,
is to be proven in whole or in part contradictive to any Laws of Saint Vincent and the Grenadines and/or
Regulations, then this term will be immediately null and void without influencing validity of the rest of theAgreement.

30. Restrictions on Use
30.1. The Service is not intended for any person:

32a) who is under the age of 18 years old or has not attained the legal age in his country of residence
or is not of legal competence or of sound mind;b) who resides in any country where such distribution or use would be contrary to local law or
regulation.

31. Client Declaration
31.1. By accepting these Terms and Conditions, the Client solemnly declares that:
●
●

●

●

●

●
●

●

●

he has read, fully understood and accepted, the entire text of the present Terms and Conditions
to which he fully and unconditionally agrees;
he has read, fully understood and accepted, the entire text of the following documents which areavailable on the Website at all times, to which he fully and unconditionally agrees:■ Order Execution Policy;■ Conflicts of Interest Policy;■ Risk Disclosure;■ Complaint Handling Procedure;■ Leverage and Margin Policy;■ Privacy Policy.
He consents and agrees to direct advertising, either by phone or personal representation,
facsimile, automatic calls, electronic mail (e-mail) or other phone, electronic or digital means by
the Company;
He is over 18 and to the best of his knowledge and belief, the information provided in Registration
Form and any other documentation supplied in connection with the application form, is correct,
complete and not misleading and he will inform the Company of any changes to the details or
information entered in the Registration Form;
He accepts that any orders he will place with the Company for the Financial Instrument offered by
the Company, the Company will act as an Agent or a Principal on the Client’s behalf. ​The
Company will receive and transmit orders for execution to another entity or Execution of Orders
as principal to principal on an own account basis. The Client accepts and acknowledges that
Execution Venue does not operate as a Regulated Market or a Multilateral Trading Facility (MTF)
or an Organized Trading Facility (OTF);
He has chosen the investment amount, taking his total financial circumstances into consideration
which he considers reasonable under such circumstances;
Whatever money handed over to the Company, it is agreed that it belongs exclusively to the
Client, free of any lien, charge, pledge and/or any other encumbrance, being no direct or indirectproceeds of any illegal act or omission or product of any criminal activity;
The Client acts for himself and not as a representative or a trustee of any third person, unless hehas produced, to the satisfaction of the Company, a document and/or Power of Attorney enabling
him to act as representative and/or trustee of any third person;
The Client understands, accepts and agrees that the Company reserves the right to refund/returnto the remitter (or beneficial owner) any amounts received under sections (i) and (ii) of thisclause, having sufficient proof that these amounts are direct or indirect proceeds of any illegal act
and/or omission and/or product of any criminal activity and/or belong to a third party and theClient has not produced sufficient excuse and/or explanations for that event, and consents that
the Company may reverse all and any types of previous transactions performed by the Client inany of his Client’s Trading Accounts and terminate the Agreement under Clause 20.4. The

33

●
●

Company reserves the right to take all and any legal actions against the Client to cover itself uponsuch an event and claim any damages caused directly or indirectly to the Company by the Client
as a result of such an event;
The Client guarantees the authenticity and validity of any document handed over by the Client to
the Company;
He has regular access to the internet and consents to the Company providing him with the
documents which form the Agreement, or information about the nature and risks of investments,
by posting such documents and information on the Website or the Platform or by sending anelectronic mail (e-mail). The Client further consents to the provision of trade reporting by meansof a Platform. Should the Client wish, he may request for these to be sent by electronic mail(e-mail), facsimile or on paper by post. The Company shall inform the Client of any amendmentsof this Agreement, including amendments to the fees or to the costs or to the Contract
Specifications or the Products and Services offered or Financial Instruments offered or thecharacteristics of Client’s Trading Account(s), through the Website or the Trading Platform and bysending an electronic mail (e-mail), and the Client shall inform the Company whether he consents
to such changes or whether he wishes to terminate the Agreement and not accept the change.

34