Errante Securities (Seychelles) Limited <\/strong>is a Securities Dealer company incorporated and registered under the Laws of Seychelles under registration number 8425493-1, authorized and regulated by the Seychelles Financial Services Authority (hereafter the \u201cFSA<\/strong>\u201d), under authorization number SD038 (operating under the trading name \u201cErrante<\/strong>\u201d henceforth \u201cus<\/strong>\u201d, \u201cour<\/strong>\u201d, \u201cwe<\/strong>\u201d, \u201cCompany<\/strong>\u201d or \u201cErrante<\/strong>\u201d). Our registered office is situated at Room 12, Kingsgate House, Victoria, Mahe Seychelles. Errante will provide its investment services strictly under the terms and conditions defined throughout this Agreement. This Agreement is made between yourself, as our Client (hereinafter referred to as \u201cyou<\/strong>\u201d or \u201cyour<\/strong>\u201d or the \u201cClient<\/strong>\u201d) and the Company and may hereinafter be referred to individually, as \u201cParty<\/strong>\u201d and, collectively, as the \u201cParties<\/strong>\u201d.<\/p>\n\n\n\n The Business relationship between the Client and the Company shall be governed by this Agreement. You hereby expressly acknowledge and agree that:<\/p>\n\n\n\n you are entering into a legally binding contract by and between you and us, and you fully agree to abide by and to be bound by all the Terms and Conditions set out in this Agreement as they may apply to you. <\/p>\n\n\n\n For client protection and satisfaction, you should take time to carefully read this Agreement as well as any other policies, additional documents and information available to you via our website prior to opening a trading account with us. By default, you must read, agree and accept all the terms and conditions set out below, and any additional documents incorporated herein by reference before you establish a Business relationship with us (without modifications). <\/p>\n\n\n\n IF YOU HAVE OBJECTIONS TO ANY OF THESE TERMS AND CONDITIONS, OR ANY PART THEREOF, AND\/OR IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OR ANY PART THEREOF, DO NOT ACCESS AND\/OR USE OUR ONLINE TRADING FACILITY IN ANY WAY AND INFORM US IN WRITING IMMEDIATELY.<\/strong><\/p>\n\n\n\n By accepting this Agreement, you confirm and acknowledges that we reserve the right to amend, alter, modify, delete or add to any of the provisions of these Terms and Conditions at any time, in accordance with the Terms hereof. When these Terms and Conditions are modified (hereinafter referred to as \u201cChanges<\/em>\u201d) we will post the new version of the Terms and Conditions on our Online Trading Facility and you will be notified for the updated version through your Portal<\/a>. Each such notification shall be deemed as sufficient notice and it is your duty to consult and\/or to check regularly this Agreement on our Online Trading Facility regarding any such Changes. Therefore, you should review these pages from time to time to ensure that you will be aware of any such Changes. All amended terms shall be effective five (5) calendar days after their initial posting on our Online Trading Facility, or as of the first time that you access and\/or use our Online Trading Facility after such amendments were made, whichever is sooner. Your continued use of our Online Trading Facility after the publication of any Changes shall be considered as your agreement to such modified Terms and Conditions and shall be governed by those Terms and Conditions, as modified. If you do not wish to be bound by those Changes, you should cease to access and\/or use our Online Trading Facility and inform us in writing, immediately. Your access and use of our Online Trading Facility constitute your acceptance of these Terms and Conditions and any other legal notices and statements contained on or in our Online Trading Facility. <\/p>\n\n\n\n Your access and use of or Online Trading Facility is governed by the version of these Terms and Conditions that is in effect on the date on which our Online Trading Facility is accessed and\/or used by you. Please feel free to contact our customer support<\/a> team for any clarifications before you continue to access and\/or use our Online Trading Facility. <\/p>\n\n\n\n You expressly agree to communicate with us, via Electronic messaging, website posts, email, telephone, telefax or otherwise, to the extent permitted by Applicable Laws and\/or Regulations. The communication being made via electronic media or otherwise in order to place Orders, transactions, other notice or additional documentation in relation herein, to the extent permitted by the Applicable Laws and\/or Regulations, to be treated as Confidential, and satisfying any legal\/regulatory requirements. <\/p>\n\n\n\n The main language of communication shall be English, and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavor to communicate with you in other languages. By accepting and agreeing to the Terms and Conditions of this Agreement, you accept the following terms and conditions, and Additional documentation such as policies included on our website.<\/p>\n\n\n\n We are free to use any ideas, concepts, know-how or techniques or information contained in your communications for any purpose including, but not limited to, developing and marketing products. We monitor your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the way we monitor your communications. <\/p>\n\n\n\n The contents of our website and any communication that you may receive from us, via Electronic messaging, website posts, email, telephone, telefax or otherwise, and any articles forming our website, in particular, are general information and educational purposes only and do not amount to investment advice or unsolicited financial marketing to you. You are advised to read our General Risk Disclosure <\/a>on our website, before opening a trading account and accessing and\/or using our online trading services.<\/p>\n\n\n\n You acknowledge your understanding that you have the right to withdraw your consent to our Online trading services and signature of documents at any time by providing us with written notice. We reserve the right to terminate or restrict your login access to our website if you refuse to consent or\/ revoke consent at any given time before or\/ after establishing a business relationship with us. <\/p>\n\n\n\n Services are available and reserved only for individuals or legal entities that have established a legally binding contract under the laws applicable in their country of residence. Without limiting the below-mentioned terms, our Services are not available to people aged under the age of 18 or who have not attained the legal age (\u201cMinors<\/strong>\u201d). To avoid any doubt, we disclaim any liability for unauthorized use by Minors of our Services in any manner or another. <\/p>\n\n\n\n Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illegal, and we reserve the right to refuse and\/ or cancel access to its Services to anyone at its sole convenience. <\/p>\n\n\n\n For the 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 relevant to your country of residence. <\/p>\n\n\n\n You hereby expressly acknowledge and agree that by (1) completing or submitting to us documentation and the form available on our website and\/or clicking on the appropriate consent boxes or\/ similar buttons and\/or (2) using or\/ accessing or\/ continuous use or\/ access of our Online Trading Facility, you are entering into a legally binding contract with us, and you fully agree to abide by and to be bound by all the Terms and Conditions set out in this Agreement, as such may apply to you.<\/p>\n\n\n\n For the purpose of this Agreement, when used in this Agreement, unless the context otherwise requires, capitalized words and expressions shall have the meanings assigned to them in the defined terms that are set forth in bold hereinafter, under the heading \u201cDefinitions\u201d and throughout this Agreement: <\/p>\n\n\n\n 4.1 \u201cAccess Codes\u201d<\/strong> means the User ID\/email and password of the Client, which are required to access and use the platform and the client\u2019s portal. <\/p>\n\n\n\n 4.2 \u201cAgreement\u201d<\/strong> means the provision of these Terms and Conditions for the Services provided by the Company, inclusive of all of its annexes, appendices, attachments, schedules, and amendments, as the same may be in for from time to time and modified from time to time. <\/p>\n\n\n\n 4.3 \u201cApplicable Laws and\/or Regulations\u201d<\/strong> means FSA Legislation, Directives, Circulars or other Regulations issued by FSA and govern the operations of Security Dealers, Anti-money laundering (AML) Law and all other applicable laws and rules in force and as amended from time to time. <\/p>\n\n\n\n 4.4 \u201cBalance\u201d<\/strong> means the sum held on behalf of the Client on its Client Account within any period of time.<\/p>\n\n\n\n 4.5 \u201cBusiness Day\u201d<\/strong> means a day which is not a Saturday or a Sunday or a public holiday in Seychelles or any other holiday to be announced on our website. <\/p>\n\n\n\n 4.6 \u201cBusiness Introducer\u201d or \u201cIB\u201d<\/strong> means the individual or entity which applies for partnership with the Company in accordance with the relevant agreement which the parties enter into. Such individual\/entity may be remunerated by the Company as per the respective agreement; <\/p>\n\n\n\n 4.7 \u201cClient\u201d or \u201cclient\u201d<\/strong> means \u201cyou\u201d, \u201cyour\u201d and in general terms, including each instance, without limit to a \u201cNatural person\u201d or\/ \u201cLegal person\u201d: (1) who register a trading account with us, (2) who enters or\/ has entered into our online trading platform and\/or (3) who has submitted to us all corporate account opening application form(s) including identifiable documentation required by applicable laws and regulations. <\/p>\n\n\n\n 4.8 \u201cClient Account\u201d<\/strong> means the personal trading account allocated to the Client, under a unique account number maintained with the Company. In this Agreement, unless the context otherwise requires, account also means the trading account or Errante account registered with us, which consists of all personal transactions, open positions or\/ orders, account balances and deposits\/withdrawals of client money.<\/p>\n\n\n\n 4.9 \u201cClient Funds\u201d<\/strong> means money that is paid or\/ deposited into the Client Account and held for the Client in segregated client accounts or in segregated accounts with another authorized firm which may be our affiliate. <\/p>\n\n\n\n 4.10 \u201cContract For Differences or CFDs\u201d<\/strong> are derivative financial products that are traded using Leverage. CFDs are agreements to exchange the difference in value of a particular instrument or currency between the time at which the agreement is entered into and the time at which it is closed. This allows the Clients to replicate the economic effect of trading in particular currencies or other instruments without requiring actual ownership of those assets. A full list of the CFDs on offer by us is available on our Website. <\/p>\n\n\n\n 4.11 \u201cCRS\u201d<\/strong> is an abbreviation for Common Reporting Standard. <\/p>\n\n\n\n 4.12 \u201cCompany\u2019s website\u201d<\/strong> means www.errante.com <\/p>\n\n\n\n 4.13 \u201cFSA\u201d<\/strong> means the Seychelles Financial Services Authority. <\/p>\n\n\n\n 4.14 \u201cExecution\u201d <\/strong>means the execution of Clients\u2019 orders on the Company\u2019s trading platform, where the Company acts as a Principal to Clients\u2019 transactions. <\/p>\n\n\n\n 4.15 \u201cEquity\u201d<\/strong> means the Balance plus or minus any profit or loss that derives from any open trades plus or minus any other fees or commissions and rollover rates\/swaps. <\/p>\n\n\n\n 4.16 \u201cFATCA\u201d <\/strong>is an abbreviation for Foreign Account Tax Compliance Act. <\/p>\n\n\n\n 4.17 \u201cFFI\u201d<\/strong> is an abbreviation for Foreign Financial Institution. <\/p>\n\n\n\n 4.18 \u201cFinancial Markets\u201d<\/strong> means international financial markets in which financial instruments exchange rates are determined in multi-party trade. <\/p>\n\n\n\n 4.19 \u201cFinancial Instruments\u201d<\/strong> means any of the financial instruments offered by the Company and which are defined as such under applicable Law or Regulation. <\/p>\n\n\n\n 4.20 \u201cInitial Margin\u201d <\/strong>means any funds required for the purpose of opening a CFD position, excluding commission, transaction fees, and any other related costs. <\/p>\n\n\n\n 4.21 \u201cLeverage\u201d<\/strong> means the ratio in respect of transaction size and initial margin. <\/p>\n\n\n\n 4.22 \u201cMargin\u201d<\/strong> means the amount of funds that a Client is required to deposit and\/ or maintain with the Company in order to enter \/ maintain Transactions with the Company. <\/p>\n\n\n\n 4.23 \u201cMargin Close Out\u201d<\/strong> means the percentage of the Margin required for a client account to hold open CFD positions. At a Margin Level of 20% is required at which the Company will automatically close one or more positions at market prices where the stop out level is reached. By applying a close-out rule at 20% margin call, limits the risk of any substantial loss by a client when the sum of funds in the trading CFD account and the unrealized net profits of all open CFDs connected to the Client. <\/p>\n\n\n\n 4.24 \u201cMargin Level\u201d<\/strong> means the percentage ratio (%) of the amount of equity to margin used and is shown on the trading platform and calculated as follows: margin used\/account balance* 20% stop out<\/p>\n\n\n\n 4.25 \u201cOffice or Operating Hours\u201d<\/strong> means between 09:00 to 18:00 GMT+2 (GMT +3 during summertime) on Business day(s), and the client can contact us until 22:00 GMT for support. <\/p>\n\n\n\n 4.26 \u201cOrder\u201d<\/strong> means the request\/ instruction given by the Client to the Company to Open or Close a Position in the Client\u2019s Account. <\/p>\n\n\n\n 4.27 \u201cOnline Trading Facility\u201d or \u201cPlatform\u201d<\/strong> means MetaQuotes MT5), Client\u2019s Portal, Software and\/or Services provided by us, from time to time under and\/or pursuant to these Terms and Conditions. <\/p>\n\n\n\n 4.28 \u201cOmnibus Accounts\u201d<\/strong> means that the Clients\u2019 funds are pooled with monies (or funds) belonging to other Clients in a segregated account which is kept separate from the Company\u2019s corporate account. <\/p>\n\n\n\n 4.29 \u201cPolitically Exposed Persons\u201d<\/strong> means a natural person who is or who has been entrusted with prominent public functions in Seychelles or in any other country (internationally), an immediate close relative of such person as well as a person known to be a close associate of such persons as further defined in the applicable laws and regulations. <\/p>\n\n\n\n 4.30 \u201cReporting\u201d<\/strong> means a formal record of the financial activities, transactional statements and position of a person or\/ entity, as required under applicable FSA Rules, and\/or other Law or Regulation. <\/p>\n\n\n\n 4.31 \u201cServices\u201d<\/strong> means the services offered under the Securities Dealer license as well as all the other services and ancillary services that we may provide in accordance with the terms of our license and in connection with the clients trading with us; <\/p>\n\n\n\n 4.32 \u201cSlippage\u201d<\/strong> means the difference between the requested\/expected price of a trade and the executed price. <\/p>\n\n\n\n 4.33 \u201cSegregated Accounts\u201d<\/strong> means the account held with a banking institution for the purpose of holding Client monies (or funds). This account is held in trust with Clients as beneficiaries and kept separate from the Company\u2019s own funds.<\/p>\n\n\n\n 4.34 \u201cSpread\u201d<\/strong> means the difference between Ask and\/or Bid of an underlying asset in a CFD trade at that simultaneously. <\/p>\n\n\n\n 4.35 \u201cSwap or Rollover\u201d <\/strong>means the interest added or deducted for holding a position open overnight. <\/p>\n\n\n\n 4.36 \u201cTransaction\u201d<\/strong> means any type of transaction subject to this Agreement effected in the Client\u2019s trading account(s) including but not limited to Deposit, Withdrawal, Open Trades, Close Trades and any other transaction of any financial instrument. <\/p>\n\n\n\n 4.37 \u201cTransaction size\u201d<\/strong> means the notional monetary size of the trade shown as the amount\/unit on the trading platform. <\/p>\n\n\n\n 4.38 \u201cUS Reportable Persons\u201d<\/strong> In accordance to FATCA, a US Reportable person is: <\/p>\n\n\n\n Please note that the Company does not accept Clients that are US Reportable Persons. <\/p>\n\n\n\n In this Agreement, all the words that denote only the singular number will also comprise the plural, wherever the aforementioned definitions apply and vice versa and the words that denote natural persons will comprise legal persons and vice versa. Words denoting any gender include all genders and whenever reference is made to the terms \u201cParagraphs\u201d, \u201cClauses\u201d, \u201cSections\u201d and \u201cAppendices\u201d it concerns paragraphs, sections, and appendices of this Agreement. <\/p>\n\n\n\n The headings of the Sections are only used for facilitating the reference and they do not affect their interpretation. References to any law or regulation will be considered to comprise references to that law or regulation as this can be altered or replaced from time to time or, similarly, to be extended, re-enacted or amended.<\/p>\n\n\n\n 5.1<\/strong> We are authorized to provide brokerage services in accordance with its Securities Dealer license authorization and are governed by this Agreement. <\/p>\n\n\n\n We provide services related to financial \u201cContracts for Differences\u201d(CFDs) on Commodities, Forex, Shares, Indices, and other Derivatives. <\/p>\n\n\n\n It shall be clarified and noted that we deal on an execution-only basis and do not advise on the merits of particular transactions, their legal or tax consequences or portfolio management. <\/p>\n\n\n\n Where we issue technical or other market analysis or marketing content, this is not directed and does not have regard to the investment objectives or specific circumstances of the Client. This analysis or content should not be construed as any form of investment advice or recommendation. <\/p>\n\n\n\n 5.2<\/strong> You assume all responsibility in relation to any investment strategy, transaction or investment, tax costs, and any consequences brought by from any transaction that you perform, and we shall not be held responsible nor you shall rely on us for the aforementioned. <\/p>\n\n\n\n Where we provide general trading recommendations, market commentary or other information in its newsletters and\/ or website: <\/p>\n\n\n\n a) This is incidental to your dealing relationship with us. It is provided solely to enable you to make your own investment decisions and does not result in investment advice; 5.3<\/strong> Our operating hours are from 00:00 GMT+2 Monday to 23:59 GMT+2 on Friday, excluding holidays which will be announced through our website. We reserves the right to suspend or modify the operating hours on our own discretion and on such event our website will be updated without delay in order for you to be informed accordingly.<\/p>\n\n\n\n \u201cPlease note that trading hours are subject to change based on available liquidity. Should the underlying market close ahead of time or the liquidity be deficient, we may delay market opening or disable trading for the affected instruments\u201d <\/em><\/p>\n<\/blockquote>\n\n\n\n 6.1<\/strong> By entering this Agreement, you acknowledge, agree and accept that you have and understand the risks related to CFDs. <\/p>\n\n\n\n 6.2<\/strong> We provide negative balance protection limits on a per account basis to a client\u2019s aggregate liability for all CFDs which ensures the maximum losses from trading CFDs per account, including all related costs, are limited to the total funds that are in the account. This means that your losses cannot exceed your equity. <\/p>\n\n\n\n 6.3<\/strong> Notwithstanding the above, any indication or suspicion, in our reasonable discretion, of any form of arbitrage performed in your trading account either solely or in connection with other clients of us (including but not limited to risk-free profiting), abuse (including but not limited to participant’s trading activity patterns that indicate that the participant solely aims to benefit financially without being genuinely interested in trading in the markets and\/or taking market risk), internal hedging in coordination with other parties and abuse of our \u2018no negative balance\u2019, constitute a violation of these Terms and Conditions. In such cases, we reserve the right, among others, NOT to apply our Negative Balance Protection policy and transfer any or all funds you may have in a different trading accounts to set-off the obligations (e.g., negative balance) that have occurred to the other account used for any abusive acts. <\/p>\n\n\n\n 6.4<\/strong> Nevertheless, we also offer margin close-out protection rule set at 20% to ensure your margin is not eroded close to zero (0); negative balance initial margin protection; and standardized risk warning. You understand and accept that the risk of loss associated with the corresponding potential benefits for trading CFDs, is reasonably understandable considering the specific nature of the Transaction. <\/p>\n\n\n\n 7.1<\/strong> We are obliged by law to confirm and verify the identity of each person and\/or legal entity who register an Account with us. <\/p>\n\n\n\n 7.2<\/strong> You acknowledge that we shall obtain, verify and record information identifying each individual client who registers a trading account with us as per applicable laws and regulations. Upon registration process or at any given period thereafter and in the events before commencing your trading activities, we shall require you to provide personally identifiable information and documentation to complete the registration process, before you can make a deposit and start trading. <\/p>\n\n\n\n 7.3<\/strong> It is hereby agreed that you may suffer any applicable transfer\/bank charges in case that your funds are refunded and\/or withdrawn from your trading account to your source of funding, should you fail and\/or otherwise, to provide us with the requested identifiable information and\/or documentation required for your verification. <\/p>\n\n\n\n 7.4<\/strong> You agree that during the initial registration period and onward, you will not impersonate any person or\/ entity, misrepresent any affiliation with another person, entity, institution or\/ association, use a false identity or\/ otherwise conceal your identity. <\/p>\n\n\n\n 7.5<\/strong> When you register for the aforementioned Services, you will be requested to provide certain personal information, as part of the account registration and opening procedure that will allow us to identify and verify you. Each Client is entitled to have two (2) trading accounts. Where a Client creates more than two (2) trading accounts under multiple email addresses, we reserve all rights to close all trades of all trading accounts and immediately return funds (deposit) to the client source funding. <\/p>\n\n\n\n In such an event, we will investigate whether the Client had been acting in accordance with our Order Execution Policy and these Terms and Conditions, or whether it was an act to exploit any deficiencies for the purpose of riskless or\/and fraudulent profits. <\/p>\n\n\n\n Where there are indications that the Client was acting in good faith, we will communicate with the Client in order to make the transition of orders from one account to the other with minimal to zero losses for the Client. <\/p>\n\n\n\n 7.6<\/strong> You further acknowledge your willingness to share with us certain private information which we use for the purpose of verifying your identity. This information is collected in line with our stringent verification procedures which are used to deter international money laundering operations and to ensure the security and safety of our clients\u2019 trading activity throughout and is subject to the Company\u2019s Privacy Policy<\/a>. <\/p>\n\n\n\n If you are registering as a legal entity, you hereby declare that you have the authority to bind that entity to this Agreement. We will treat with care the information you entrust to us, in accordance with the disclosures it provides during the Registration process and in its Privacy Policy<\/a>. <\/p>\n\n\n\n 7.7<\/strong> By registering with us, you confirm and agree that you consent to the use of all or part of the information you supply concerning your trading account, the transactions you undertake through us and the interactions which you perform with us on our behalf. All interactions you undertake with us will be stored for the purposes of record-keeping, as required by the Law and may be employed by us in cases where disputes arise between you and us or on request by FSA or any other competent authority. <\/p>\n\n\n\n 8.1 You hereby represent, warrant and covenant, without prejudice to any other representations, warranties and\/or covenants made under this Agreement that:<\/p>\n\n\n\n Without prejudice to any of the foregoing, we shall not be responsible for verifying and\/or checking whether you have sufficient knowledge and experience for trading via our platform nor we shall be responsible for any damages and\/or losses incurred by you as a result of insufficient knowledge and\/or experience.<\/p>\n\n\n\n If you do not qualify, please do not access and\/or use our platform and inform us in writing immediately.<\/p>\n\n\n\n 9.1 We will not advise you on the merits or suitability of any services or trading activity performed via our Platform pursuant to these Terms and Conditions, nor will we manage or monitor your investments. You acknowledge and understand that by executing any order on your behalf does not imply, in any way, that we have approved or recommended that activity. <\/p>\n\n\n\n 10.1<\/strong> You state, confirm and guarantee that any funds handed to the Company for trading purposes, belong exclusively to you and are free of any lien, charge, pledge or any other burdens. Further, whatever funds handed over to the Company by you are not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity. <\/p>\n\n\n\n 10.2<\/strong> You act for yourself and not as a representative or a trustee of any third person, unless you have produced, to the satisfaction of the Company, a document and\/ or powers of attorney enabling you to act as representative and\/ or trustee of any third person. <\/p>\n\n\n\n 10.3 <\/strong>You understand and agree that in the event that the Company has such proofs that are adequate to indicate that certain amounts, as classified above, received by you are proceeds from illegal acts or products of any criminal activity and\/ or belonging to a third party, we reserve the right to refund these amounts to the sender, either this being you or a beneficial owner of a legal entity. <\/p>\n\n\n\n Furthermore, you also agree and understand that the Company may reverse any transactions performed in your Trading Account and may terminate this agreement. We reserve the right to take any legal action against you to cover and indemnify itself upon such an event and may claim any damages caused to the Company by you as a result of such an event. <\/p>\n\n\n\n 10.4<\/strong> You understand and accept that all transactions in relation to trade in any of the financial instruments, will be performed only through the Trading Platforms provided by the Company and the financial instruments are not transferable to any other Trading Platform whatsoever. <\/p>\n\n\n\n 10.5<\/strong> You guarantee the authenticity and validity of any document handed over to the Company. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and we make no representations whatsoever as to the legality of the Services in your jurisdiction. <\/p>\n\n\n\n 10.6<\/strong> You act as principal and sole beneficial owner in entering this Agreement and each transaction. In the event you wish to open more than one account with us either as an individual client (natural person) or as the beneficial owner of a Corporate client (legal entity), you are required to disclose to us such information with immediate effect, during the account opening procedure and provide us with all information and\/or documents regarding the natural person and\/or legal entity. We reserve the right and are entitled at any time and open our sole discretion to decline offering our services to such natural person(s) and\/or legal entity(s); <\/p>\n\n\n\n 10.7<\/strong> If you are a natural person, you represent and warrant to us on the date of this Agreement comes into effect and the date of each transaction that:<\/p>\n\n\n\n a) You are of legal age for the purpose of entering this Agreement which is legally binding on you in accordance with the applicable laws and regulations, and 10.8<\/strong> If you are a legal entity, you represent and warrant to us on the date of this Agreement comes into effect and of the date of each transaction that: <\/p>\n\n\n\n a) You are duly incorporated and validly existing under the applicable laws of the jurisdiction in which you are constituted; 1) The Company shall provide you with Access Codes for gaining online access to our website and\/ or trading platforms, thereby being able to place orders for any Financial Instrument available from us and entering into transactions with us. Further, you will be able to trade on our Trading Platforms with and through the Company with the use of a personal computer, smartphone or any other similar device that is connected to the internet. In this respect, you understand that the Company can, at its absolute discretion, terminate your access to our systems in order to protect both the Company\u2019s and your interests and to ensure the systems\u2019 effectiveness and efficiency. 2) You agree not to attempt to abuse the Trading Platforms in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency or applying practices such as price manipulation, lag trading, time manipulation.<\/p>\n\n\n\n 3) You are responsible for all acts or omissions that occur within the website using your registration information. If you believe that someone has used or is using your registration information, username or password to access any Service without your authorization, you should notify the Company immediately. You must make every effort possible to keep the Access Codes secret and known only to you and you will be liable for any Orders received by us through your trading Account under your Access Codes. Further, any Orders received by the Company will be considered as received from you. In cases where a third person is assigned as an authorized representative to act on behalf of you, you will be responsible for all Orders given through and under the representative\u2019s Account Password. <\/p>\n\n\n\n 4) Trading under more than one (1) account, that has been created under multiple email addresses by the same client is not permissible by the Company. Similarly, we may limit the number of trading accounts maintained by any person or within a single household, at our sole discretion. You agree that the Company, without notice to you, can take such action to protect our own position by closing trades on the one (1) account and immediately return funds (deposit) to the client source funding. <\/p>\n\n\n\n 5) You are responsible to monitor your Account and to notify the Company immediately if it comes to your attention that your Access Codes are lost or being used by an unauthorized third party. Also, you agree to immediately notify us should you become aware of any failure by you to receive a message indicating the reception and\/or execution of an Order, the accurate confirmation of an execution, any information for your Account balances, orders or transactions history as well as in case you receive confirmation of an Order that you did not place. <\/p>\n\n\n\n 6) You acknowledge that the Company may choose not to take action based on Orders transmitted to us using electronic means other than those Orders transmitted to the Company using the predetermined electronic means such as the Trading Platform, and we shall have no liability towards the Client for failing to take action based on such Orders. <\/p>\n\n\n\n 7) You agree to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with the protocols used by the Company. Moreover, you agree to follow the access procedure (Login) of the Company that supports such protocols. <\/p>\n\n\n\n 8) The Company shall not be held responsible in the event of unauthorized access from third persons to information including, but not limited to, electronic addresses and\/ or personal data, through the exchange of these data between you and the Company and\/or any other party using the Internet or other network or electronic means available.<\/p>\n\n\n\n 9) The Company is not responsible for any power cuts or failures that prevent the use of the system and\/or the Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. The Company further reserves the right to ask you to give instructions regarding your transactions by other means that it deems appropriate. <\/p>\n\n\n\n 10) The Company shall have no liability for any potential damage you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to electronic systems\/online trading platforms may be limited or unavailable due to such system errors and that the Company reserves its right upon notifying you to suspend access to electronic systems\/online trading platforms for this reason. <\/p>\n\n\n\n 11) The Company has the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Service, or any part thereof, without notice, where the Company consider it necessary or advisable to do so, for example, due to your non-compliance with the Applicable Regulations, breach of any provision of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. The Company shall, at all times perform its Reporting obligations (i.e. Transaction Reporting) and exercise discretions under the below Reporting requirements with reasonable care, provided the Company shall not do or cause to be doing anything in contrary or\/ otherwise prevented from doing under any applicable Laws, Rules or Regulations. <\/p>\n\n\n\n The Company shall also provide the Client with additional information and disclosures to ensure adequate protection of the Client\u2019s interests. <\/p>\n\n\n\n The Company reserves the right to take any action as we consider necessary, at our sole and absolute discretion to ensure our Reporting obligations are compliance with FSA Rules or any applicable Laws and Regulations, and such actions shall be binding on you and shall not render us or any of our affiliates liable. <\/p>\n\n\n\n You agree to contact us for additional information and\/ or clarifications prior to agreeing to these terms.<\/p>\n\n\n\n Without limiting the foregoing, the Company, as a regulated Securities Dealer, is required to comply based on the Intergovernmental Agreement between Seychelles and the United States and has taken all reasonable steps to be considered in compliance with FATCA. You acknowledge and accept that the Company, is required to disclose information in relation to any US reportable persons to the relevant authorities, as per the reporting requirements of FATCA. <\/p>\n\n\n\n The CRS is an international model agreement between competent Tax authorities between participating jurisdiction on automatic exchange of financial account information. <\/p>\n\n\n\n In reference to the improvement of the international tax compliance with the common reporting standard (CRS) for the automatic exchange of financial account information developed by the Global Forum of the Organization for Economic Co-Operation and Development (OECD), Seychelles has signed the Multilateral Competent Authority Agreement for the automatic exchange of financial information of financial accounts. <\/p>\n\n\n\n Subsequently, the Company to comply with the common reporting standard (CRS), in the cases where your tax residence is located outside Seychelles, the Company may be legally obliged to pass on the information and other financial information with respect to your financial accounts to Seychelles tax authorities and they may exchange this information with tax authorities of another jurisdiction or jurisdictions pursuant to intergovernmental agreements to exchange financial account information. <\/p>\n\n\n\n The Client shall be responsible to provide accurate information for CRS purposes and the Company shall not be held liable if any misleading and\/or false information will be reported to the tax authorities of another jurisdiction or jurisdictions pursuant to intergovernmental agreements to exchange financial account information. <\/p>\n\n\n\n Through one or more of its Services, the Company makes available to you a wide range of financial information that is generated internally, from agents, suppliers or partners (\u201cThird Party Providers\u201d). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”). <\/p>\n\n\n\n The financial information provided on the Company\u2019s website is not considered to be intentional investment advice. The Company, its affiliate companies, and its Third-Party Providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the financial information or the results of your use of this financial information. The financial information may quickly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances. <\/p>\n\n\n\n It is your responsibility to verify the reliability of the information on the Company\u2019s website and its suitability for your needs. We exclude all liability for any claim, damage or loss of any kind caused by information contained in or referenced to by the website. <\/p>\n\n\n\n 1. You can place an Order via the Company\u2019s trading platform. Once your instructions or Orders are received by us, they cannot be revoked, except with our written consent which may be given at the Company’s sole and absolute discretion. The Company takes all reasonable steps to obtain the best possible results for its Clients. Our Order Execution Policy sets out a general overview of how orders are executed as well as several other factors that can affect the execution of a financial instrument. You acknowledge and accept that you have read and understood the \u201cOrder Execution Policy\u201d, which was provided to you during the registration process and which is uploaded on our website. <\/p>\n\n\n\n You agree that the Company may execute an order on your behalf outside a regulated market and\/ or multilateral trading facility and that our Order Execution Policy will not apply when you place such a specific instruction. <\/p>\n\n\n\n The Company is the sole execution venue and the sole counterparty to the Clients\u2019 trades as well as any execution of orders. On the contrary, the Company uses multiple third-party liquidity providers to enhance the likelihood of execution across instruments we offer. We reserve the right to register with and\/or change from any of the third-party liquidity providers at our own discretion.<\/p>\n\n\n\n Our Execution Policy shall be applicable to all Transactions entered into by and between the Client and the Company, to the extent that it does not impose and\/or does not seek to impose any obligations on us that we would not otherwise have, but for the FSA as a supervisory authority. <\/p>\n\n\n\n The Company shall provide you with price quotes (bid and offer prices) in relation to financial instruments offered through our Trading Platforms or our Dealing Department where expressly agreed so. Each price quote shall be available to be used in facilitating the Client\u2019s Transaction with a principal amount not to exceed a maximum leverage amount, decided by us. You acknowledge that the prices and maximum Leverage provided by the Company may differ between Financial Instruments and that Leverage provided to clients and may be adjusted or withdrawn by us at any time. For more information please see section 16 below. <\/p>\n\n\n\n We are restricted to executing Transaction in financial instruments offered via our Online Trading Platform, at the prices quoted therein or otherwise communicated to you upon request. <\/p>\n\n\n\n 15.1<\/strong> Confirmations for all transactions that have been executed in your Trading Account on any trading day will be available via your online account through the online trading platform as soon as the transaction is executed. It is your responsibility to notify the us, if any confirmations are incorrect. Confirmations shall, in the absence of manifest error, be conclusive and binding on you, unless you place your objection in writing within 14 (fourteen) Business Days. You may request to receive the account statement monthly or quarterly via email, by providing such a request to us, but the Company is not obliged to provide you with the paper account statement. The Account statement may be provided at the expense of the Client. <\/p>\n\n\n\n 15.2<\/strong> If there is any manifest error in the statement or information provided by us, we, acting reasonably and in good faith, void any transaction or decline to accept any orders and\/or reserve the effect of any transaction or amend any trade so that the relevant trade is affected as if the error did not incur. <\/p>\n\n\n\n 15.3<\/strong> You have the right to authorize a third person to give instructions and\/or Orders to the Company or to handle any other matters related to this Agreement, provided that you have notified the us in writing that such a right shall be exercised by a third party and that this person is approved by the Company and fulfills all of our conditions to allow this, including a Power of Attorney.<\/p>\n\n\n\n 15.4<\/strong> In case that you have authorized a third person as mentioned above, it is agreed that in the event that you wish to terminate the authorization, it is your full responsibility to notify the Company of such decision in writing. In any other case, we will assume that the authorization is still ongoing and will continue accepting instructions and\/or Orders given by the authorized person on behalf of you. <\/p>\n\n\n\n 16.1<\/strong> In respect of any transactions, the Company shall quote prices at which it is prepared to deal with you. Save where we exercise any of its rights: <\/p>\n\n\n\n 1. to close out a transaction, or It is your responsibility to decide whether or not you wish to deal at the price quoted by us. Our prices are determined by the Company in the manner set out in the enclosed terms. <\/p>\n\n\n\n 16.2<\/strong> Each price shall be effective and may be used in a dealing instruction prior to the earlier of its expiration time and the time, if any, at which it is otherwise withdrawn by the Company. A price may not be used in a dealing instruction after such time. Each price shall be available for use in a dealing instruction for a transaction up to an amount not to exceed a maximum determined by the Company, where such maximum amount may change from time at our discretion. <\/p>\n\n\n\n 16.3<\/strong> You acknowledge that these prices and maximum amounts may differ from prices and maximum amounts provided to other clients of the Company and may be withdrawn or changed without notice. The Company may in its sole discretion and without prior notice to you immediately cease the provision of prices in some or all currency pairs and for some or all value dates at any time. <\/p>\n\n\n\n 16.4<\/strong> When the Company quotes a price, market conditions may move between our sending of the quote and the time your order is executed. Such movement may be either in your favor or against it. Prices that may be quoted and\/ or traded upon, from time to time, by other market makers or third parties shall not apply to trades between the Company and you. For example, in times of high volatility (i.e. major news announcements, central bankers\u2019 speeches, etc.) as well as low liquidity in the market, your orders may not be executed at declared prices but instead on the next best available prices.<\/p>\n\n\n\n The Company has the right, at any time and for any reason and without giving any notice and\/ or explanation, to refuse, at its discretion, to execute any Order, including without limitation in the following cases: <\/p>\n\n\n\n 1. If you fail to provide to the Company with any documents requested from you either for Client identification purposes or for any other reason. It is understood that any refusal by the Company to execute any order shall not affect any obligation which you may have towards us or any right which we may have against you or your assets. You declare that you shall not knowingly give any Order or instruction to the Company that might instigate us taking action in accordance with the paragraph above. <\/p>\n\n\n\n The Company reserves the right to cancel a transaction if it has adequate reasons\/ evidence to believe that one of the following has incurred: <\/p>\n\n\n\n 1. Fraudulent \/unauthorized activities\/ illegal actions led to the transaction; In the event that, you involve us, directly or indirectly in any type of fraud, the Company shall reserve the right, without prejudice to any other rights we may have under this Agreement, to reverse all previous Transactions that would place the Client and the Company at a risk exposure.<\/p>\n\n\n\n The Company shall proceed to a settlement of all transactions upon execution of such transactions. The acquisition of a financial contract is completed when the financial contract has been customized, the premium (or the margin, as the case may be) has been calculated and payment has been verified. <\/p>\n\n\n\n You agree to be fully and personally liable for the due settlement of every transaction entered into under your account with the Company. <\/p>\n\n\n\n 1. Circumvenio Holdings Ltd (Reg. No. HE 406903), with registered office at 30, Karpenisiou Street, 1077 Nicosia Cyprus and business address at 67, Spyrou Kyprianou, 1st floor, 4042 Limassol Cyprus, is the entity according to which the Company has an additional permanent location and conducts business activities in Europe. These business activities do not include any investment and ancillary services but do include decision making solely on distribution of the services when a client deposits\/withdraws funds to the Company via Credit\/Debit Cards. Other payments methods are performed exclusively by the Company. Transactions via Paysafe Group Limited (Skrill and Neteller) are processed through Errante Securities (Seychelles) Ltd (Company Number 8425493-1). 1. The Company shall not accept payments by cash and\/or cheque. Third parties may add fees for: <\/p>\n\n\n\n 1. International credit cards – When transactions are processed through foreign (non-local) acquirers. You are fully responsible for the payment details that you provide to the Company and we accept no responsibility if you have provided false or inaccurate payment details. You may be requested to provide proof of ownership of the account or of the card to which the funds are being transferred on withdrawal or closure of the account request. <\/p>\n\n\n\n 1. You agree that any amounts sent by you to an account in the Company\u2019s name, under its bank or merchant accounts, will be deposited to your trading account at the value date of the payment received and for the gross amount received in the bank or at the payment processor. For the Company to accept any deposits by you, the identification of the sender must be verified and ensure that the person depositing the funds is you. If these conditions are not met, we reserve the right to refund the net amount deposited via the method used by the depositor. The Company has the right not to accept funds deposited by you and\/or to cancel your deposits and remit your funds back to you in the circumstances that include but are not limited to the following: <\/p>\n\n\n\n 1. a client fails to provide us with documents and\/or information which we require from you either for client identification or for any other regulatory reason, including with respect to verifying the source of wealth; You agree that any specific bank fees or direct payment processing fees incurred when depositing funds in your Account will be borne by us, but other transfer fees, corresponding fees or fees which are charged outside the process of the Company shall be borne by you, the Client. More information regarding deposit methods and fees can be found on our website under Funding Methods<\/a>. <\/p>\n\n\n\n You agree that following your withdrawal request the Company may charge a withdrawal fee which rate will be according to the method of withdrawal (i.e. card or wire transfer). More information regarding withdrawal methods and fees can be found on our website under Funding Methods<\/a>. <\/p>\n\n\n\n We are not involved with and nor have any control over any additional fees your bank \/ payment processor may charge. We, therefore, advise you to check with your payment solution provider if any additional fees may apply on their side. <\/p>\n\n\n\n You hereby authorize us to debit or credit your Errante Account with the transfer\/bank charges relating to facilitating a refund or withdrawal as a result of failure to provide us with identifiable information and documentation within the designated time-frame as defined under section 7 of this Agreement.<\/p>\n\n\n\n Any amounts sent by you to an account or merchant account in the Company\u2019s name will be deposited to your trading account at the value date of the payment received and for the gross amount received in the bank or at the payment processor. <\/p>\n\n\n\n The Company reserves the right to impose withdrawal limits on your withdrawal requests at any time.<\/p>\n\n\n\n These limits are based on the free margin within a trading account and any other pending instructions to the Company at the point in time when the withdrawal request was submitted. When a withdrawal or refund is performed, we shall only process such requests to accounts held in the account holders name and reserves the right (but shall under no circumstances be obliged) to send the funds to the same sender from, and by the same payment through which such funds were initially received by us. Should you wish to receive the funds in another method, the Company shall request sufficient proof and details of the new account details in order to process such a withdrawal request. <\/p>\n\n\n\n If you make a payment\/ deposit, the Company, without prejudice to any other provision of this Agreement, shall exercise best efforts to credit your Account with the gross amount of such payment within one (1) business day following receipt of the deposit, if the Company is satisfied that you are the sender of the funds. <\/p>\n\n\n\n Should the Company require, you shall be requested to submit additional documentation as required by applicable Anti-Money Laundering (AML) Act as amended from time to time and\/or equivalent Regulations applicable to us. <\/p>\n\n\n\n 23.1<\/strong> If you were referred\/ introduced to the Company by a Business Introducer (\u201cIB\u201d), you acknowledge and agree that (a) you authorise the IB to introduce you to Errante; and (b) a commission may be paid to the IB for introducing you to Errante. <\/p>\n\n\n\n A Client referred by an IB will not incur or pay additional fees compared to any other Client of the Company. Should the trading terms of a Client referred by an IB be different to the trading terms of any other Client, then the written consent of the Client must be obtained by us. <\/p>\n\n\n\n The Company shall not be responsible for any agreement made between the Client and the Client’s IB. The Client acknowledges that any such IB will either be acting as an independent intermediary or an Agent for the Client and that no such IB shall be authorized to make any representations concerning the us or the Company\u2019s Services. <\/p>\n\n\n\n 23.2<\/strong> If the IB undertakes any deductions from the Client’s Trading Account without the knowledge of the Company, according to any agreement between the Client and the IB, then we have no responsibility as to the existence or validity of such an agreement. <\/p>\n\n\n\n 23.3<\/strong> If the IB undertakes any deductions from the Client’s Trading Account according to any agreement between the Client and the IB where the Company is also a party to such an agreement, then we shall always obtain the written consent of the Client before implementing such costs. <\/p>\n\n\n\n 23.4<\/strong> Should an agreement exist between the Client and an IB, then the client acknowledges and accepts that frequent transactions may result in a sum total of commissions, fees, price or interest\/financing rate adjustments for trades conducted that may be substantial and not necessarily be offset by the net profits, if any, achieved from the relevant trades. It is the Client\u2019s responsibility for correctly assessing whether the size of the total commissions, fees, price or interest\/financing rate adjustments for trades conducted makes trading commercially viable. The Company only acts as the custodian and principal broker, and therefore is not responsible for the size of the commissions and fees as well as any price or interest rate paid by the Client. <\/p>\n\n\n\n You can deposit or withdraw funds to\/from your Account with us easily by credit or\/ debit card, and the transaction process is electronically carried out online. The Company reserves the right to require that you register with us your credit or\/ debit card information and submit documentation as required by applicable rules and regulations. The credit\/debit card must be connected to your personal information which is already identified and verified by us (i.e. mailing address used upon your registration and your full name must match credit\/debit card). <\/p>\n\n\n\n The Company takes extra measures to protect its clients and has various systems and control tools in place for protection against credit card fraud to comply with all applicable Laws and Regulations. The measures to identify and\/or prevent credit card fraud may include, but are not limited to, authentication for processing of transactions, limits on amounts allowed to deposit\/withdraw per transaction, per client and registered email address within a certain timeframe. <\/p>\n\n\n\n It is a serious criminal offense to provide false or inaccurate information whilst registering your credit\/debit card with us. We shall endeavor to resolve any dispute arising from fraudulent activity in our sole and absolute discretion, that decision shall be final and binding on all parties involved.<\/p>\n\n\n\n The Company uses \u20183-D Secure (3DS)\u2019 electronic software designated as an additional authentication where possible and where your bank allows it. This serves as a security layer for online transactions as well as payment cards issued to clients under the name issued and verified by the Client\u2019s bank. In particular, we will use the 3DS as an enhanced measure to mitigate fraudulent transactions and\/or third-party payments. <\/p>\n\n\n\n Unless expressly determined and stated, we may impose limits and restrictions on the deposit, as we consider fit pursuant to applicable Laws and Regulations. You may contact our Customer Support Team if you wish to increase your credit\/deposit limit and\/or read more information on the Account Types limits available on our website<\/a>. <\/p>\n\n\n\n By accepting this Agreement, you agree to contact us with the aim to resolve any problem you might have before requesting a chargeback from your bank or credit card provider at any time while or after using our services. A chargeback in breach of the foregoing obligation is a material breach of the Agreement and we reserve a right to debit 50 USD research fee (to cover investigative costs), upon receiving the chargeback by our merchant service provider. <\/p>\n\n\n\n We do not allow credit card fraud or fraudulent activities, and without exception, these instances shall be prosecuted through criminal proceedings under the applicable Laws, Rules and\/or under the relevant jurisdiction. <\/p>\n\n\n\n You may deposit funds into your Client Account at any time, and such deposits shall be accepted by the Payment methods available on our website and need to be done from an account in your name, as initially identified and verified by us. The Company will not accept third-party or\/ anonymous payments under any circumstances. <\/p>\n\n\n\n 27.1<\/strong> You acknowledge and confirm that if your Account(s) remain inactive for 5 months (150 days), we will regard your Account(s) to be dormant. We reserve the right to change the 5 -month inactivity period as we deem necessary. <\/p>\n\n\n\n 27.2<\/strong> Inactivity means that there is no trading, withdrawal, deposit or internal transfer in your Account(s).<\/p>\n\n\n\n 27.3<\/strong> You further acknowledge and confirm that we reserve the right to charge you a one-off account maintenance fee of US$ 15 (or currency equivalent), followed by a monthly fee of US$ 5 for each month that the Account(s) remains inactive. There will be no charge if the free balance in the Account is zero. Following the implementation of the dormant fees, should the account\u2019s balance fall to zero (US$0) then the dormant account will automatically be regarded as archived. You can request to re-activate your Account(s) at any time. <\/p>\n\n\n\n 27.4<\/strong> Prior to the decision to consider the client\u2019s account to be treated as a Dormant account, the Company may take all reasonable steps to ensure the clients satisfies the conditions set out by its competent supervisory authority. <\/p>\n\n\n\n The status of your Account can be viewed via the Client Portal, and you can request to re-enable your Account at any time. The Inactive and\/ or Dormant Account will then be reactivated subject to if required, up-to-date client identification documentation to be provided to the Company. <\/p>\n\n\n\n 28.1 <\/strong>You shall pay the Company\u2019s commissions, swaps, spreads, costs and associated charges as agreed with you, and any applicable fees imposed by clearing entities and interest on any amount due to us at the rates then charged by us. We disclose all current typical commissions, charges and other costs on our website. The spread will vary according to market conditions, liquidity, and trade size. You may be notified about any alteration to our commissions, prices, or charges. We may notify you on or after the event. <\/p>\n\n\n\n 28.2<\/strong> It is your responsibility to ask for further clarification should you require so. Any applicable charges are directly deducted from your Account. You may find the comprehensive table with the fees regarding deposits and withdrawals as set out, on our website<\/a>. <\/p>\n\n\n\n\n
2. COMMUNICATION WITH US <\/h2>\n\n\n\n
3. MEMBERSHIP ELIGIBILITY <\/h2>\n\n\n\n
4. DEFINITIONS \u2013 INTERPRETATION <\/h2>\n\n\n\n
\n
\n
5. PROVISION OF SERVICES <\/h2>\n\n\n\n
b) 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, you agree that you will not pass it on to any such person or category of persons;
c) We give no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the tax consequences of any transaction;
d) You accept prior to its dispatch that we may have made use of the information on which it is based. We do not make representations as to the time of receipt by you and cannot guarantee that you will receive such information at the same time as other Clients. Any published research reports may appear in one or more screen information service(s). <\/p>\n\n\n\n\n
6. MEETING THE NEEDS OF INVESTORS <\/h2>\n\n\n\n
7. ACCOUNT OPENING INFORMATION AND REQUIREMENT <\/h2>\n\n\n\n
8. CLIENT \u2018S EXPERIENCE AND KNOWLEDGE<\/h2>\n\n\n\n
\n
9. SUITABILITY AND APPROPRIATENESS <\/h2>\n\n\n\n
10. GUARANTEES ON BEHALF OF THE CLIENT <\/h2>\n\n\n\n
b) You are at least 18 years of age (not Minor) and of legal age in your jurisdiction to form a binding contract, and all information you submit to us is true and correct for the purposes of this Agreement. <\/p>\n\n\n\n
b) Each natural person executing and delivering this Agreement on your behalf, entering all transactions and performance of all obligations contemplated under this Agreement has been duly authorized by you;
c) You have submitted all necessary authority, powers, consents, and\/or authorizations as well as taken all necessary action to enable you to lawfully conclude and perform this Agreement and each transaction.<\/p>\n\n\n\n11. ELECTRONIC TRADING <\/h2>\n\n\n\n
11.1 Use of Trading Platform, Access Codes, and Safety <\/h4>\n\n\n\n
You agree that you will keep the Access Codes in a safe place chosen in your discretion and will not reveal them to any other person. You will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the Trading Platforms. <\/p>\n\n\n\n
In addition, the use of the service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the particular service; or this Agreement. The use of the service may be terminated immediately if the service is withdrawn by any market or the Company is required to withdraw the facility to comply with Applicable Regulations.<\/p>\n\n\n\n12. REPORTING OBLIGATION <\/h2>\n\n\n\n
12.1 FATCA <\/h4>\n\n\n\n
12.2 CRS <\/h4>\n\n\n\n
13. FINANCIAL INFORMATION <\/h2>\n\n\n\n
14. ORDERS \u2013 INSTRUCTIONS AND BASIS OF DEALINGS <\/h2>\n\n\n\n
14.1 Execution of Orders <\/h4>\n\n\n\n
2. You place your market request at the prices you see on your terminal\/ platform and the execution process is initiated. Due to the high volatility of the market as well as the internet connectivity between the client terminal and the server, the prices requested by the client and the current market prices may change, during this process.
3. You have the right to use a Power of Attorney to authorize a third person (representative) to act on your behalf in all business relationships with us. The Power of Attorney should be provided to the Company accompanied by all identification documents of the representative. If there is no expiry date, the Power of Attorney will be considered valid until the written termination by you.
4. The Company uses its reasonable endeavors to execute any order promptly, but in accepting your orders we do not represent or warrant that it will be possible to execute such orders or that execution will be possible according to your instructions. In case the Company encounters any material difficulty in carrying out an order on your behalf, for example in case the market is closed and\/ or due to illiquidity in financial instruments and other market conditions, we shall promptly notify you.
5. Orders can be placed, executed, changed or removed only within the operating (trading) time and shall remain effective through the next trading session. Your Order shall be valid and in accordance with the type and time of the given Order, as specified. If the time of validity of the Order is not specified, it shall be valid for an indefinite period.
6. The Company shall record telephone conversations, without any prior warning (unless required to do so by Applicable Regulations), to ensure that the material terms of a transaction and\/ or order placed by the client and\/ or any other material information relating to a transaction are properly recorded. Such records will be the Company\u2019s property and will be accepted by you as evidence of your orders or instructions.
7. Unless expressly determined and stated otherwise, the Company may limit the number of transactions that you can enter into on any one day and also in terms of the total value of those transactions. You acknowledge that some markets place restrictions on the types of orders that can be directly transmitted to their electronic trading systems. These types of orders are sometimes described as synthetic orders. The transmission of synthetic orders to the market is dependent upon the accurate and timely receipt of prices or quotes from the relevant market or market data provider.
8. Without limiting the foregoing, by using our services you understand and acknowledge that failure to provide your information and documentation within the required time-frame or provide inaccurate, incomplete or otherwise misleading information for verifying your identity we reserve the right to restrict transaction order(s), block access to the services (including closing all open positions) and\/or terminate your account if such information is not provided. You should note that any applicable charges may be instantly deducted from your Trading Account(s). <\/p>\n\n\n\n14.2 Execution Policy <\/h4>\n\n\n\n
14.3 Prices and Open Positions <\/h4>\n\n\n\n
15. TRADE CONFIRMATIONS <\/h2>\n\n\n\n
16. PRICING <\/h2>\n\n\n\n
2. a transaction closes automatically;<\/p>\n\n\n\n17. REFUSAL TO EXECUTE ORDERS <\/h2>\n\n\n\n
2. If the Company suspects or has concerns that the submitted documents may be false or fake.
3. If you do not have the required funds deposited in your Account.
4. If the Company is informed that your credit or debit card (or any other payment method used) has been lost or stolen.
5. If the Company considers that there is a chargeback risk.
6. If the Company has adequate reasons to suspect that the execution of an Order is part of an attempt to manipulate the market, trading on inside information, relates to money laundering activities or if it can potentially affect in any manner the reliability, efficiency, or smooth operation of the Trading Platform.
7. If the order is a result of the use of inside confidential information (insider trading). <\/p>\n\n\n\n18. CANCELLATION OF TRANSACTIONS <\/h2>\n\n\n\n
2. Orders placed on prices that have been displayed as a result of system errors or systems malfunctions either of those of the Company or of its third-party service providers; or
3. The Company has not acted upon your instructions.
4. The transaction has been performed in violation of the provisions of this Agreement. <\/p>\n\n\n\n19. SETTLEMENT OF TRANSACTIONS <\/h2>\n\n\n\n
20. CLIENTS FUNDS OR MONEY <\/h2>\n\n\n\n
20.1 Client funds and Assets <\/h4>\n\n\n\n
2. We cooperate with various banks, credit institutions and\/or payment service providers which are usually regulated in their country of incorporation.
3. You acknowledge that funds that belong to you may be used for trading purposes and kept in an account with any bank or credit institution or financial institution, and the Company may notify you from time to time regarding any changes regarding such arrangements. The legal and regulatory regime applying to any such banks or credit institutions may differ from the legal and regulatory regime in Seychelles, and in the event of the insolvency or any other analogous events in relation to that bank or credit institution or financial institution, your funds may be treated differently from the treatment which would have applied had the funds been held with banks or credit institutions in an account in Seychelles.
4. Without foregoing the above, all funds and\/or assets ,including collateral (by that we mean securities, investments or other financial instruments, acceptable to us in lieu of cash) held by us on behalf of the Client for the provision of our services, will be held in one or more accounts opened with approved credit institutions or financial institution, or any electronic payment service providers\/processors (PSPs) or a qualifying money market fund approved by us and will be segregated and held separately from the Company’s own funds. You accept that such Client funds will be subject to the laws of that territory and therefore your rights differ accordingly.
5. By accepting this Agreement, you expressly consent that we may maintain your funds in an omnibus account together with other clients\u2019 funds separate from Company\u2019s money.
6. An omnibus account means that your funds will be pooled with funds belonging to other clients in a Segregated Account. On the contrary, in the event of default of the credit institution where these funds are held, a Client has no right to claim against a specific sum in a specific account in the event of insolvency or default of such credit institution. Clients\u2019 claims may be made against the monies held in the segregated account according to the Laws of that jurisdiction.
7. Unless you notify us beforehand and in writing, we may allow a third party, such as an exchange, a clearing house or an intermediate broker to hold control of all or part of your funds where we have transferred your funds: (i) for the purpose of a transaction you entered into; or (ii) to meet your obligations to provide collateral or Margin for a transaction.
8. You hereby authorize us to make any deposits and withdrawals from your Account with us on your behalf, including, without limitation and prejudice to the generality of the above, withdrawals for the settlement of all trading activity you have entered into under these Terms and Conditions, as well as for the settlement of any and all amounts which are payable by you, or on your behalf, to us or any other person under and\/or pursuant to these Terms and Conditions.
9. The Company will exercise all due skill, care and diligence in the selection, appointment and periodic review of the credit institutions, banks, financial institutions or other electronic payment service providers\/processors and any qualifying market funds for the holding and safekeeping of Clients\u2019 funds.
10. It is commonly understood that any amount payable by the Company to you, shall be paid directly to you to a bank account the beneficial owner of which is you. Fund transfer requests are processed by us within the time period specified on the Company\u2019s official website and the time needed for crediting into your personal account will depend on your bank account provider.
11. The Company retains a right of set-off and may, at its own discretion, from time to time and without your authorization, set-off any amounts held on behalf and\/or to the credit of you against your obligation to the Company. Unless otherwise agreed in writing by us and you, this Agreement shall not give rise to the rights of credit facilities.
12. The Company will perform reconciliation of funds on a regular basis and in line with our internal policies and procedures, in order to comply with the applicable Laws.<\/p>\n\n\n\n20.2 Withdrawal and Deposit of Funds <\/h4>\n\n\n\n
2. You have the right to withdraw the funds which are not used for margin covering, free from any obligations from your Account without closing the said Account, subject to any applicable restrictions regarding its operation, and any other right or limitation on such withdrawal. We reserve the right to decline a Client\u2019s withdrawal request where such instruction is intended to manipulate the Negative Balance Protection policy of the Company.
3. The Company reserves the right to decline a withdrawal or deposit request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied with the full documentation provided. More information on our accepted payment methods can be found on our website<\/a>.
4. The Company covers most payment processing fees. There are rare occasions when fees may occur when depositing to or withdrawing from your Errante account. These are set and applied by the payment provider or your bank, not Errante. <\/p>\n\n\n\n
2. Incoming\/Outgoing bank wire – When transferring funds from your bank account to Errante, and vice versa.
3. Currency conversions – When the deposit is in a currency that the selected payment method does not support. <\/p>\n\n\n\n
2. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where you need to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, we can request additional documentation and if the request is not satisfied, we can reverse the withdrawal request and deposit the funds back to your trading account.
3. The Company shall ensure that all withdrawals, either in part or in full of the funds you deposit with us are sent to the same source where the funds came from. Where we are unable to do so, for some reason, and subject to restrictions under the applicable Regulations, we shall return the funds as requested in part or full to another verified source, net of any transfer fees, charges or other deductions incurred by the us.
4. In the event we are not satisfied as to the above and decline an incoming transaction, we reserve the right to return the funds to the sender, net off any transfer fees or charges which we may incur. We will send back refunds to the same source from where the funds were received. The Company may deviate from this policy provided we have been satisfied that this will not be contrary to any of our policies and applicable Laws.
5. When a withdrawal request is submitted, the Company will process the withdrawal within one working business day. The withdrawal applications which have not been received during business operating hours and\/or on during business days will be dealt with in the next business day. When your withdrawal application is approved, it may take time for the banks and\/ or payment processors to process the payment, in these cases, the Company shall not be held liable for such delays. You should be aware, however, that the actual time for processing may vary. The processing time of any past deposits is not indicative and cannot guarantee that any subsequent deposits would be processed in a similar timeframe.
6. You agree that the Company or the banks or payment service providers (PSPs) or credit institutions that we collaborate with may introduce limits on the total amount of money that can be accepted or transferred by or to us or them at any given time or on an aggregated limit basis. Where the Company sets a deposit limit, based on market circumstances, you will be notified of the same in advance, either through email notification, the trading platform or\/and other communication means under the terms of this Agreement. By accepting the terms of this Agreement, we shall have no liability to you where you are unable to deposit any amount to your account due to the deposit limits and you waive any claims that you may have against us in any jurisdiction, to the extent permissible by law, as a result of you being unable to deposit any amount to your account with us.
7. In the event that any amount received in the bank accounts or payment providers in the name of the Company are reversed by the provider at any time and for any reason, we will immediately reverse the affected deposit from your trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of your trading account(s).
8. You agree to waive any of your rights to receive any interest earned on the funds held in any Bank Account where your funds are kept.<\/p>\n\n\n\n20.3 Declining of Client\u2019s Funds <\/h4>\n\n\n\n
2. we have reason to suspect your involvement in illegal or fraudulent activity or engage in abusive trading activities;
3. we have been informed of a lost or stolen credit or debit card or any other payment method;
4. we have reason to believe the documents and information provided to us are misleading, false or fake;
5. we are unable to identify you as the original remitter of the funds; or
6. we are unable to return funds to the same source payment; and\/or
7. we decline to do so in order, in our own discretion, to comply with the applicable laws and regulations.<\/p>\n\n\n\n20.4 Withdrawal and Deposit Charges <\/h4>\n\n\n\n
21. WITHDRAWAL LIMITS <\/h2>\n\n\n\n
22. VERIFICATION OF CLIENT\u2019S IDENTITY <\/h2>\n\n\n\n
23. BUSINESS INTRODUCERS <\/h2>\n\n\n\n
24. CREDIT\/DEBIT CARD USE <\/h2>\n\n\n\n
25. CHARGEBACKS <\/h2>\n\n\n\n
26. THIRD-PARTY PAYMENTS <\/h2>\n\n\n\n
27. INACTIVE AND ARCHIVED ACCOUNTS <\/h2>\n\n\n\n
28. COSTS AND CHARGES <\/h2>\n\n\n\n