TERMS AND CONDITIONS
i) This Agreement is entered into by EXM Capital (hereinafter referred to as “the Company”) and the Customer (hereinafter referred to as “You or Customer”), to whom the Services shall be offered. ii) The Company provides Services in the form of an online system expediting the execution and transaction of Financial Contracts (as defined hereunder) through the use of a platform and under the domain of EXM Capital The Company is engaged in the operation of an online system facilitating the execution of certain transactions of Financial Contracts (as defined hereunder) by using a platform. This Agreement applies to both the Company’s Website as well as to the electronic content and/or software currently contained on the Website that supplies you with real time information about the prices of the Financial Contracts (as defined hereunder), as well as with the EXM Capital System (as defined hereunder) for the execution of Financial Contracts (hereinafter referred to as the “Service(s)”), and any other features, content or Services that the Company may add in the future; iii) The relationship between the client and the Company shall be governed by this Agreement.
As this Agreement is a distance contract, signing the Agreement is not required and the Agreement has the same rights and liabilities as a duly signed contract. In the case where you, the Customer, wish to have a signed Agreement, then the Customer should print and send 2 (two) copies to the Company, where the Company will sign and stamp the Agreements and send a copy back to the Customer. iv) The Agreement describes the terms and conditions with which the Company offers access to its Website to you, the customer, and the use of its Services (the “Agreement”). v) This Agreement describes the terms, conditions and risks applicable to your use of our Services available from the Company’s Website. If you have any questions regarding this Agreement please contact Customer Support.
2, Capitalized terms shall have the following meaning unless otherwise stated in the agreement
Online Services Agreement
3.1 This Agreement is made by and between the Company through its Website, EXM Capital and You.
3.2 The Company is authorized to provide the following:
a. Execution of Orders on behalf of the Client in relation to Transactions having as an object one or more Financial Instruments;
b. Reception and Transmission of Orders in relation to Transactions having as an object one or more Financial Instruments; and
c. Any other features, content or Services the Company may add in the future (the “Services”).
4. Membership Eligibility
4.1) The Services are available only to and may be used by companies or individuals who are eligible to form legally binding contracts under the laws applicable to their country of residence. Our services also extend to companies or individuals outside the UK with a 5% surcharge per package. Without limiting the foregoing, our Services are not available to persons under the age of 18 or otherwise under legal age (“Minors”). If you are a Minor, You may not use this service. If you do not qualify, do not use our Website.
4.2) For the avoidance of doubt, the Company shall not be responsible for any unauthorized use of our Services by Minors in any manner or way.
4.3) Furthermore, our Services are available only to and may only be used by individuals who have sufficient experience and knowledge in financial matters to be evaluating the ability of merits and risks of acquiring financial instruments via this Website and have done so without relying on any information contained in this Website. You shall bear sole responsibility for any decision made and / or made by you relying on the content of the Website.
4.4) Without derogating from the provision above, the Company shall categorize the Client as Retail Client in relation to Investment and ancillary services offered to him, as per the Client Categorization Notice. This categorization provides the highest level of protection compared to a Professional Client.
4.5) Without limiting the foregoing, our Services are not available where they are illegal to use, and reserves the right to the Company refuse and / or cancel Services to anyone at its own discretion.
4.6) In order for the Customer to be able to start using the System to execute Transactions, You shall be required to transfer moneys to an account designated by the Company, to be used as Collateral for the Transactions described herein.
4.7) When holding Customer’s funds the Company shall take every possible measure to safeguard the funds against the use of Customer funds for its own account. These Customer’s funds shall be kept in any Agent’s or Client’s Bank Account which the Company may specify from time to time. The Company will maintain separate records in the accounting system of its own funds/assets and the funds/assets kept on behalf of the Customers so as at any time and without delay to distinguish funds held for one Customer from funds held by any other Customer, and from its own funds/assets. 4.8) Any profits accruing from your Transactions shall become supplementary collateral and shall be added to your account. All losses incurred by the Customer through the Customer’s transactions shall be deducted from the Customer’s account. No interest in the Customer’s credit balance shall be received. 4.9) In order for the Company to execute a margin trade on behalf of the Customer, a minimum margin deposit of $50000 (fifty-thousand USD) must be paid in the Customer’s account.
5. Registration Information and Requirements 5.1) When you register for the Services, the Company through its Website will ask you to provide identification information. 5.2) The Customer will be provided with Access Codes and You are held responsible for securing your Access Codes for your account with the Website. You are held solely responsible for any act or omission or any damage caused that you may bear, due to any act or omission by you or any irregular or inappropriate use of your account. 5.3) You agree to provide true, accurate, current and complete information about yourself DURING the registration process and after, and you AGREE not to impersonate any person or entity, misrepresent affiliation with any another person, entity or association, use false headers or otherwise conceal your identity from EXM Capital for any Purpose. If you are registering as a business entity, you hereby declare that you have the authority to bind to this Agreement that entity.
6, Legal restrictions
6.1) Without limiting the foregoing, You understand that laws regarding Financial Instruments vary throughout the World and it is your obligation alone to ensure that You comply fully with any law, regulation or directive, subject to your country of residency with attention to the use of the site.
For avoidance of doubt, the ability to access our Website does not necessarily mean that our Services, and / or your activities through it, are legal under the Laws, Regulations or directives relating to your country of residency. 6.2) You hereby declare that the money invested in your account with EXM Capital do not originate from drug trafficking, abduction, or any other criminal or illegal activity.
7. Limited License 7.1)EXM Capital grants you a non-exclusive, non-transferable and limited personal license to access and use the Website (the “License”). The License is conditioned on your compliance with the terms continued and conditions of this Agreement. 7.2) Every Customer will be provided a unique and confidential identification code, the Access Codes, to be used by the Customer to access and operate their designated account via the internet. It is the personal responsibility of the client to ensure that this Access Code is safeguarded and under these terms and conditions the Customer hereby agrees that they will not hold the Company liable for any unauthorized use of the account. All purchasing of Financial Instruments through the System must be in accordance with the latest version of terms and conditions available on the website. The Company reserves its right to change, cancel or amend any part of the terms and conditions. These will come into effect from the date of the amendment and the time that they are inserted into the Website. Confirmation of acquisition of a Financial Instrument occurs when the Financial Contract has been customized and the premium has been calculated and payment has been verified and processed.
7.3 you Agree not to resell or permit access to website to others, through your license and not to copy any materials appearing on the site for resale or any other purpose
8. Risk Disclosure You agree to use the Website at your own risk. Without limiting the foregoing, the Services are contained within this Website suitable only for Customers who are able to bear the loss of all the money they invest, and understand the risks and who have experience in taking risks involved in Financial Markets. The possibility that exists is that you could sustain a loss of all or some of your initial investment and therefore you should not invest money that You cannot afford to lose. You should be aware of the risks associated with all digital options trading, and seek advice from independent financial advisor if you have any doubts or questions. 9. Financial Information The Company may make available to you – through one or more of its Services a broad range of Financial information that is internally generated or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (“Financial Information”). Financial Information provided on this Site is not intended as investment advice. EXM Capital does not endorse or approve the Financial Information, and we make it available to you only as a service for your own convenience. EXM Capital and its Third Party Providers do not guarantee the accuracy, timeliness, or proper sequencing completeness of the Financial Information, or warrant any results from your use or reliance on the Financial Information.
EXM Capital may provide a link to other sites controlled or that are offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. EXM Capital requires you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet. Links to Websites are provided solely for your convenience, and you AGREE that under no circumstances you shall hold the Company linkable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 11. Trading Cancellation Reserves the right in the Company to its sole discretion to refuse, cancel the Services, and / or refuse to distribute profits to anyone for any legitimate reason including, but not limited to: • Any instance when EXM Capital HAS reason to believe that a person’s activities on the Website may be Illegal; • Any instance where EXM Capital may suffer any tax, regulatory, or pecuniary disadvantage by Virtue of anyone’s business; • Any instance where one or more transactions on the website are judged by EXM Capital to have been performed in violation of this agreement.
12.1 All withdrawal orders must provide the proper set of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and EXM Capital is a prerequisite, prior to the execution of a withdrawal order. 12.2 Withdrawal of credit card deposits will depend on the credit card companies’ policies and same credit card when the withdrawal is performed. Withdrawals back to a bank account may take up to 10 Business Days, due to additional security procedures and documentation from the Client. 12.3 When withdrawing money back to a bank account through a wire transfer will require more documents than just Anti Money Laundering (AML) regulations. 12.4 Any withdrawal of funds, from your EXM Capital account to a bank account, can only be refunded to the same bank account that the funds were originally received from. 12.5 All withdrawals from EXM Capital take up to 3-5 business days from the time of clearance. EXM Capital requests that you provide clearance documentation in accordance of the Anti-Money Laundering regulations, within 24 hours of creating your account. 13. Bonus Policy 13.1. Definition of a trading bonus: A trading bonus is an added value to your deposit in your EXM Capital
Please read carefully before accepting a special offer, trade refund, benefit, or bonus: – Bonuses and benefits shall be credited to the client’s account subject to compliance with the terms of the offer made to the client, e.g. making minimum deposits and/or purchasing a minimum amount of options within a specified time period. – The “Welcome Credit Bonus” applies only to new clients of EXM Capital who open a live Account, but also to existing account holders, who have never deposited nor performed any trades. – The “Welcome Credit Bonus” scheme shall be applicable only in respect of the first / initial deposit made by the client and in respect of only one (1) live account that the client holds with EXM Capital
– The Offer will be limited to one account per Client (regardless of the number of accounts which the Client maintains with EXM Capital ) – The “Welcome Credit Bonus” may be used for trading purposes only and The Clients will not be allowed to withdraw the bonus. Profits from trading on live account(s) with EXM Capital may, however, be withdrawn anytime. – Any withdrawal of funds from a Client’s live account with Exm Capital will immediately nullify all previously awarded “Welcome Credit Bonus” and will determine such bonus to be removed from the respective Client’s Account with EXM Capital – In the event that the amount of a Client’s own funds in his Account with EXM Capital becomes zero, all previously awarded “Welcome Credit Bonus” will be cancelled and will be removed from the respective client. – Internal funds transferred between trading accounts with EXM Capital are not considered as new deposits and, therefore, do not qualify for the awarding of a Welcome Bonus. – No partner’s commissions are paid for trading on Welcome Bonus funds. – EXM Capital reserves the right to decline a Client’s “Welcome Credit Bonus” application at any time and at its sole discretion, without the need to provide any justification or explaining the reasons for any such declination. – The bonuses/benefits must be used within the period defined in the details of the special offer. – The Company reserves the right to revoke the bonus/benefit should the special offer be abused and/or should the offer’s terms fail to be met. The Company’s decision – should this be the case – shall be final. The Company reserves the right to revoke or change the offers at any time and this will be displayed in the Company’s website. – Once the bonus has been inserted into the trading account, it cannot be returned or removed under any circumstance. The Company’s brokers do not have the ability to remove the bonus. All bonus insertions are final. By accepting a bonus into your account, you are agreeing to the terms and conditions above and hereinafter. THE COMPANY DOES NOT RECOMMEND TAKING A BONUS UNLESS YOU KNOW HOW TO MAKE IT WORK IN YOUR ADVANTAGE AS LEVERAGE.
14. Limited Liability 14.1 The Company will not be liable for any loss, liability or cost suffered or incurred by the Customer as a result of providing Services as described in this Agreement unless the loss, liability or cost is caused by the Company’s gross negligence, willful default or fraud committed while acting on the Client’s instructions. 14.2 The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful default or fraud of any third party (e.g. bank, electronic payment provider etc.), which we have taken reasonable care in appointing. 14.3. Neither the Company nor any third party who acts on the Company’s behalf in providing a service to the Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud as per paragraph 14.1 above) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur due to loss of use, loss of data or loss of profits, emanating from or related in any way to carrying out Transactions or to use of Services, or for delay in use of Services or incapability of carrying out Transactions or using Services or for unprovided Services or any information, software, product, Service and additional graphics obtained by the Services or emanating from any other manner of using of Services either by relying on agreement or by tort, either by absolute liability and/or any other cause; however the loss, liability or cost is caused and regardless of whether it was foreseeable or not. 14.4 We are not responsible for any problems or technical malfunction of telephone network or lines any, computer online systems, servers or providers, hardware, software, failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 15. Anti – Money Laundering Provisions: 15.1 No person shall abuse this site for the purpose of money laundering. 15.2 The Company is obliged to follow certain requirements as set out by the laws and regulations of Companies House UK, and the Regulations by the FCA for the prevention and suppression of money laundering activities. It is thus required by licensed entities for trading in financial and commodity based derivative instruments and other securities to obtain certain verification documents from the Company’s Customers. The Company keeps with the following policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. 15.3 The Company may also request from the Client to inform the Company on how the money being invested have been obtained/accumulated. This process may require proof of certain documentation. 15.4 The Company may use the Client Information in order to carry out credit, anti-money laundering and fraud prevention checks; to exercise and/or defend the Company’s legal rights; and to comply with Applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. 15.5 Reserves the right to EXM Capital to refuse to do any business with and to reverse the transactions of Customers in accordance to the AML Requirements and policies.
• All requested information must be provided upon registration for all traders. The Company may keep all the relevant information that it has acquired for the Customer account opening procedure. • Winnings will be paid only to the individual who INITIALLY registered to open a live account. • When a customer maintains an account by means of telegraphic deposits, only winnings will be distributed to the holder of the originating bank account. When making deposits in this manner, it is the responsibility of the live trader to ensure that the trader’s account number and registered name of the account owner transfers shall be made available to the Company. • When a customer funds by means of an account credit / debit card deposits, winnings will be distributed only to the individual whose name appears on the card used for the deposit to be made and will only be refunded back to the same card. • The Company may, from time to time, at its sole discretion, require a customer to provide additional proof of identity depending, but not restricted on the Customer’s classification or other means of identity verification required as it deems under the circumstances and may at its sole discretion suspend the account until such proof has-been provided to its satisfaction. 16. Intellectual Property 16.1. All content, trademarks, service marks, trade names, logos and icons are the property of the Company or its affiliates or agents and are protected by Copyright Laws and International Treaties and provisions. 16.2. You agree not to delete copyright notices or any other indications of protected intellectual property rights from materials that you print or download from the Website. You will not obtain any intellectual property rights in, or any right or license to use the site or materials such, as set out other than in this Agreement.
16.3. Images displayed on the Website are the property of the Company and you agree not to upload, post, distribute or reproduce any information, software or material protected by copyright other or any other intellectual property rights (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of the Company and its affiliates or agents. 16.4. You acknowledge that all intellectual property rights in this site (including but not limited to all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same anywhere in the world belong to the Company and its affiliates and you shall have no rights in or to the site other than the right to use it in accordance with the terms of this license.
17 Terms and Termination 17.1The terms of this Agreement shall be unlimited; however either party (the Company or the Client) may terminate this Agreement by giving written notice to the other party. During the termination notice, the Customer shall not be able to carry out new transactions. The Company reserves its right to cancel any Transactions, provided a written notice has been sent to the Customer, which has been executed at a price which was not reflective of the real tie price. This may be as a result of the system’s error or human error regardless of whether it was under the control of the Company or not. 18.2 The trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to circumstances beyond the Company’s control. In such an event, the Company or
an authorized party on its behalf may close any open positions you may have (by performing a reverse Transaction) without prior written notice being sent to you, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts, You hereby agree to waive any claims against the Company in these situations.