1.PARTIES of the CONTRACT
2.TERMS & INTERPRETATION OF TERMS
2.1.The terms defined in this Article have, for all purposes of this Contract, the meaning herein specified unless the context otherwise specifies or requires. The following definitions are equally applicable to both the singular and plural forms of any of the terms herein defined:
“Services” — mean a Company’s activity for providing Client with possibility to receive the information provided on the Site and reception and transmission of the Client’s orders to conduct Operations through the on Site platform.
“Operation” — means an action or actions related to Client’s purchase and/or selling of financial instruments information about which is available on the Site.
“Account” — means the data accumulated by Company having the specific details specified by Company to facilitate the availability of such data on the Site for Client and that allows to Client to monitor on the Site the Client’s Operations.
2.2. Any term used herein but not interpreted herein, shall have the meaning attributed thereto in the applicable law.
2.3. Headings of the Articles shall be used solely for reference and shall not affect the content and interpretation of this Contract.
2.4. Unless the context otherwise requires, the singular shall include the plural and vice-versa and either gender shall include the other.
2.5. Reference to any agreement between the Parties (including without limitation, this Contract) or to any other document, shall be deemed as reference to such agreement or document and to all agreements and documents which are declared by Company to be supplementary to them or to be attached thereto.
3. SUBJECT OF THE AGREEMENT
3.1. Subject of this Contract is to provide Services by Company to Client. The Company’s Services includes the procuring of the access of Client to the Site and information platform located on the Site, support of Client by Company in relation to Services, procuring of analytics and news information.
3.2. Hereby Client agrees that:
(i) — Company does not provide Client with any trust services for Client’s funds;
(ii) — Company does not provide Client with trading and any other recommendations in relation to the Operations performed by Client;
(iii) — Company reserves the right to transfer the Client’s orders to conduct Operations even if such Operation is or may be unprofitable for Client;
(iv) — Company is not liable for the results of the Clients’ Operations.
3.3. Hereby Client warrants that:
(i) — all provisions of this Contract were carefully read and accepted by the Client as terms that will define all conditions of Client-Company interaction;
(ii) — Client is the only authorized user of the Company’s Services and Client is irreplaceable subject of legal relations emerging from performance of this Contract by Client and Company;
(iii)- Client’s rights cannot be delegated, and obligations cannot be imposed on any other person;
(iv) — Client is a private person, legally capable citizen, non USA or Japan resident and non resident of any other country where according to the applicable law of such country any Operations conducted by Client on the Site can be defined as illegal, null or void;
(v) — no person excluding Client has rights of action or obligations regarding Operations conducted by Client on the Site;
(vi) — Client is not subject to any law or regulation which prevents his enter or performance of this Contract or any Operation;
(vii) — the information provided by Client to Company is complete, true, accurate and not misleading in any respect.
4. RIGHTS and OBLIGATIONS of the PARTIES
4.1. Client has a right:
4.1.1. to give Company an order to conduct Operations through the Site;
4.1.2. in case of absence of debt to Company or as a result of conducted Operations, to transfer to Company a demand to discharge Company’s obligations in favor of Client to the extent of amount of free funds, information about which is available on the Site in form of Account;
4.1.3. if any disputable situation occurs, to make a claim properly in official letter or by email to the details specified by Company on the Site.
4.1.4 .to terminate this Contract unilaterally, in case no debt to the Company exists.
4.2. Client is obliged:
4.2.1. to observe the provisions of this Contract when receiving Services and conducting of the Operations on the Site;
4.2.2. to be exclusively responsible for all actions or omission resulted from usage of usernames and passwords by Client or other third parties in relation to Client’s usernames and passwords for an access to the Site or platform on the Site;
4.2.3. to be exclusively responsible for all Client’s actions and omission, including the responsibility for the giving orders to conduct Operations on the Site;
4.2.4. to be solely responsible for the choice of strategy and consideration of possible risks from Operations or receiving of Services;
4.2.5. to be fully responsible for preserving confidentiality of information received from Company and to accept risk of possible financial loss of Client or Company resulted from unauthorized access to Client’s Accounts by the third parties;
4.2.6. to notify Company of any changes of Client’s contact details within seven (7) calendar days from the moment of such changes via official letter or email;
4.2.7. to register on the Site only one (1) Account. If it will be revealed that Client have multiple Accounts, the provision of Services will be canceled and further Services will not be performed. Company reserves the right to block all Client’s Accounts and Client’s funds contained therein will not be considered as Company’s obligation to withdrawal in favor of Client.
4.3. Company has a right:
4.3.1. if Client violates one or several provisions of this Contract to review value of the Company’s obligations to Client, with corrections being made to a relevant Client’s Operation register entry;
4.3.2. to suspend the provision of Services at any time and without any explanation to Client;
4.3.3. to terminate this Contract unilaterally, performing available to Company in favor of Client financial obligations within the value of available funds in the Client’s Account. In such a case, Company shall notify Client by any available to Company means within three (3) business days from the date of termination of this Contract;
4.3.4. to change, add or set as default the option return rate, profit rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the of the assets. The company has the right to limit the maximum amount of purchased options for any time frame that appears on the trading platform (1 minute, 1 hour, 1 calendar day or any other);
4.3.5. to contact Client with any question concerning this Contract, particularly, in order to make certain in the Client’s intentions regarding Client’s actions on Client’s Accounts;
4.3.6. to modify, to add, to rename or to leave unchanged any sections, paragraphs and sub-paragraphs of this Contract, and Company is not obliged to notify Client regarding such changes;
4.3.7. if any objective causes exist, Company has a right to suspend the provision of Services to Client;
4.3.8. to modify the size of the value of the Company’s obligations in favor of Client, if the Operations made on the Site is not respected by this Contract;
4.3.9. to engage the third parties for service provision in accordance with this Contract, under the condition that they completely assume the Company’s obligations to keep all information received from Client as strictly confidential;
4.3.10. if Client doesn’t perform Operations during six (6) months, thus in writing Client didn’t notify Company on termination of this Contract and Client’s Account, to require from Client of cost recovery on servicing of the Client’s Account in the amount of fifty (50) US dollars per month in case of availability on the Client’s Account of funds in the amount of at least corresponding amount undisputable and acceptance-free write-off the abovementioned amount from the Client’s Account without prior notification;
4.3.11. in regards to any circumstances and situations not covered by this Contract Company has a right to act at its own discretion in accordance to business customs and existing practice.
4.4. Obligations of Company:
4.4.1. in accordance to the provisions of this Contract to provide Client with Services on the Site;
4.4.2. in accordance to the provisions of this Contract, if no obligations on the Client’s part exist, on the Client’s request to discharge the Company’s financial obligations in favor of Client to the extent of amount of free funds on the Client’s Account;
4.4.3. to observe the provisions of this Contract.
5. APPLICABLE LAW
5.1. In the interpretation and enforcement of the provisions of this Contract the Parties shall be governed by the laws of Saint Vincent and the Grenadines.
5.2. In regards to any disputes resulted from the performance of this Contract the Parties agrees with Saint Vincent and the Grenadines law-courts’ jurisdiction.
5.3. In case of a disputable situation being considered in accordance to the law of Saint Vincent and the Grenadines, the language used for adjudication is English and the Parties have the right to use interrupter services during the trial and for preparation for the trial.
6. TERM of this CONTRACT and TERMINATION of this CONTRACT
6.1. This Contract is an official offer (public offer), and implies the intention of Company to conclude an agreement with any person who accepts all conditions hereof by the registration on the Site, except when the Services cannot be provided for technical, legal or other reasons according to the law applicable to this Contract and/or under the laws of any jurisdiction that applies to Client or Company. This Contract enters into force after the acceptance of this terms and conditions by Client.
6.2. This Contract is concluded by the Parties for an indefinite period and shall be deemed as terminated after full blocking of the Client’s Account.
6.3. Company doesn’t accept customers from the following countries: USA, Canada, Japan, EU countries.
7. INDEMNITY and LIABILITY
7.1. The Parties shall be held liable in accordance with the laws of St. Vincent and the Grenadines for the failure to perform or improper performance of their obligations under this Contract.
7.2. Client shall indemnify and keep indemnified Company and its directors, officers, agents, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by Company or any other third party and arising out of Client’s failure to fully and timely comply with its obligations set forth herein and/or out of the Company’s need to enforce such liabilities in respect to any act or omission by Client in the performance of his obligations hereunder, unless such liabilities result from gross negligence, willful default or fraud by Company. This indemnity shall survive termination of this Contract.
7.3. Company shall not be liable for any losses, expense, cost or liability incurred by Client in relation hereto, unless such losses, expense, cost or liability result from gross negligence, willful default or fraud by Company. Notwithstanding the provisions of Article 7.2 hereof, Company shall have no liability to Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with this Contract.
7.4. Company shall not be liable for any loss of opportunity as a result of which the value of the Client’s funds could have been increased or for any decrease in the value of the Client’s funds, regardless of the cause, unless such losses is directly due to gross negligence, willful default or fraud on the part of Company.
7.5. Company shall not be liable for any losses which are the result of misrepresentation of facts, error in judgment or any act done or which Company has omitted to do, whenever caused, unless such act or omission result from gross negligence, willful default or fraud by Company.
7.6. Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of Client or with or through whom transactions on behalf of Client are carried out.
7.7. Any reports, news, opinions and any other information which may be provided by Company to Client, aim to facilitate Client in making his own investment decisions and do not constitute personal investment advice. If Company is deemed, for any reason to provide any recommendation and/or advice, Client hereby agrees that any Operation affected either by adopting or ignoring any such recommendation and/or advice received from Company shall be deemed by Client as relying exclusively on Client’s own judgment and Company shall have no responsibility or liability.
7.8. Client acknowledges and agrees that he shall be exclusively responsible and liable for any investment strategy or Operation and he shall not rely on Company for any purpose and Company shall have no responsibility or liability whatsoever, irrespective of any circumstances, for any such investment strategy or Operation.
7.9. Client acknowledges and assumes (i) the risk of mistakes or misinterpretations in the Client’s orders sent through the on Site platform or mobile apps authorized by Company due to technical or mechanical failures of equipment or devices, (ii) the risk of delay or other problems with processing of the Client’s orders as well as (iii) the risk that the Client’s orders may be placed by unauthorized persons and agrees to indemnify Company in full for any loss incurred as a result of acting in accordance to such orders. Client accepts that during the reception and transmission of Client’s order, Company shall have no responsibility as to its content or the identity of the person placing the order, except for gross negligence, willful default or fraud by Company.
7.10. Client acknowledges that Company will not take action based on orders transmitted to Company using electronic means other than Client’s orders transmitted using the on Site platform or mobile apps authorized by Company, and Company shall have no liability towards Client for failing to take action based on such orders.
7.11. Company bears no responsibility for any actions or omissions of third parties nor does it bears any responsibility for any damage and/or losses and/or costs caused to Client and/or third party as a result of and/or in relation to any aforesaid action or omission.
7.12. Company is not responsible for any power cuts or failures that prevent the use of the on Site platform and/or the Site and/or mobile apps authorized by Company and cannot be responsible for not fulfilling any obligations under this Contract because of network connection or electricity failures.
7.13. Company is not responsible for the failures in the work of the post-office, Internet, communication networks, which occur for the reasons not depending on Company, and which have been followed by delayed receipt or failure to receive by Client any notices of Company.
7.14. Client hereby fully and irrevocably accepts all risks related to protection of funds, including without limitation unfavorable changes in the market conditions while investing into selected portfolio specified on the Site. Upon occurrence of events (risks) specified in this Article, the liability of Company is fully excluded.
7.15. Company doesn’t take any responsibility for actions or omission of the third parties who are carrying out banking, billing, or any other activity, similar to it, or other intermediary activity related to the support of banking or other accounts, billing or transfer of the Client’s funds.
Addition 1 to the Terms & Conditions
TECHNICAL TERMS AND CONDITIONS
1. Processing Client’s requests and orders for performance of Operation
1.1. Processing Client’s requests and orders has the following structure:
— after Client makes a request or order, the request is tested for its correctness in the on Site platform;
— the on Site platform sends the Client’s request or order to the server;
— after the Client’s request or order is received by the server it is tested for correctness;
— the server, after proceeding the Client’s order or the request, sends the results to theon Site platform. In case that the connection between the on Site platform and the server is correct, the on Site platform will receive the results of the Client’s order or the request and process will be done.
1.2. The processing time may vary and depends on the quality of the communication between the on Site platform and the server, as well as on the market conditions. In normal market conditions the processing time usually varies between 1-4 seconds. In some cases and market conditions that differ from normal, the processing time can be higher than 4 seconds.
1.3. The server may refuse to the Client request or order in the following cases:
— if Client sends the request or order before the first quote in the on Site platform on the market opening;
— if there is not enough funds on the Client’s Account for opening a new position;
— if Client sends the request before the opening of the trading session;
— when market conditions differ from normal.
1.4. When working with the on Site platform Client may only use one browser tab.
In the case of multiple browser tabs Client information and results of Operations can be adjusted and / or abolished.
1.5. Client recognizes that information on balance of the Client’s Account reflected by Company on the Site platform, and also about Client’s Operations and their results, is complete and indisputable. Client has no right to demand from Company of entering of any changes into information reflected on the Site platform, just as has no right to demand from Company any compensation of any funds which expected by Client as a result of any Operations which aren’t reflected by Company on the Site.
2.1. Client acknowledges that the only reliable source of quote flow information is the main server for Clients. The information contained in quotes on the Site platform cannot serve as a reliable source of information about the real quotes flow, as in the case of unstable connection between the on Site platform and the server part of the quotes may not reach the on Site platform.
2.2. The graphs displayed on the Site platform are indicative. Thus Company does not guarantee that the transaction as a result of the Operation will be made at the same prices specified in the on Site platform at the time of the Client’s transactions.
2.3. The price displayed on the trading platform is formed by the formula (Bid + Ask) / 2.
2.4. Non-Market quotation
2.4.1. Non-Market quotation — the price specified in the on Site platform without the corresponding price on the market at a given time.
2.4.2. If Company has executed a Client’s request or order for non-market quote, Company is charged with the responsibility for correction of financial transactions between erroneous positions and closing of the actual market price, corresponding to the time of closing of the non-market quotation.
2.4.3. In the event that Client request or order to the opening position was executed at non-market quote, Company reserves the right to cancel the financial result for such a position.
3. Processing of Client’s orders for position opening
3.1. If the amount of available on the Client’s Account funds is sufficient to open a position — the position will be opened.
3.2. If the size of the available on the Client’s Account funds is insufficient to open a position — the position won’t be opened.
3.3. The Client’s order to open a position is deemed as proceed, and the position is opened only after the corresponding entry in the server log file. Each new position is assigned with a serial number.
3.4. Closing trading position occurs at the current price.
4. OTC Assets
4.1. OTC Assets or “over the counter” assets are any assets that traded out of the regular market.
4.2. OTC Assets price are formed on the basis of information of the Client’s orders received by Company.
4.3. Client acknowledges that by making deals on OTC Assets, Client understands the essence of the work of OTC Assets.
4.4. Client acknowledges that by transfer of orders to Company on OTC Assets, Client admits that the only reliable source of quoting information is the server that supporting of Clients.
5.1. If Company discovers fraud schemes such as:
5.1.1. Fraud associated with credit card transactions and any other ways to remit a balance of credit cards that do not belong to Client;
5.1.2. Fraud associated with the use of software for false trading results;
5.1.3. Fraud associated with errors and system failures for false trading results;
In all mentioned above cases Company is entitled to block the Client’s Account without prior notice and without the possibility of further Operations with Client’s Account.
6. Descriptor in the Client’s bank statement.
6.1 All transactions carried out by the Client with debit or credit card displayed in the bank statement with a note: EXPERTOPTION.COM or EXPERTOPTION.