LAST UPDATED: 1-Jan-2024

PART I – OPENING PROVISIONS

1. Parties To This Client Agreement

1.1 This Client Agreement is made between Lumina Capital, a company incorporated in the Union of Comoros who is the holder of the trade name TradingLevel (hereinafter “the Company” or “We” or “Us”) and the Client, any person who has completed the Application Form and whose application we have accepted.

2. Effect Of The Agreement

2.1 This Client Agreement takes effect when you accept it online on our website and when we confirm to you in writing and/or by electronic means that your Account has been opened and we accepted you as our Client. The Company does not offer its services to residents of certain jurisdictions such as: Australia, New Zealand, Canada, Iran, North Korea, Belgium, and Cyprus. USA nationals are not accepted regardless of the country of residence.

2.2 By continuing to place orders with us, you agree to continue to be bound by this Client Agreement, which supersedes all other Agreements and terms of business which may previously have been in place between us.

2.3 We shall not be required and may be unable to accept you as a Client until all Know-Your-Client and Anti-Money-Laundering documentation we require has been received by us, and we reserve the right that until we have received all such documentation, properly completed by you, your account will not be enabled for trading.

2.4 Please be aware that we do not accept citizens from certain countries. US citizens or US residents are strictly not accepted as clients due to US Securities and Exchange Commission (“SEC”) rules.

3. Scope of Services

3.1 From the date on which your Account is activated we will:

• (a) Receive and transmit orders for you in Financial Instruments,
• (b) Provide foreign currency services provided they are associated with the provision of the Investment Service of Section 3.1 (a) herein,
• (c) Provide for safekeeping and administration of financial instruments for the account of Clients, including custodianship and related services such as cash/collateral management,
• (d) Investment research and financial analysis or other forms of general recommendations relating to transactions in financial instruments.

3.2 You acknowledge that our Services do not include the provision of investment advice. Any investment information as may be announced by the Company to you does not constitute investment advice but merely aims to assist you in investment decision making. It is also understood and accepted that we shall bear absolutely no responsibility, regardless of the circumstances, for any such investment strategy, transaction, investment, or information.

3.3 We will not advise you about the merits of a particular Transaction, and you alone will make trading and other decisions based on your own judgment for which you may wish to seek independent advice before entering into. In asking us to enter into any Transaction, you represent that you have been solely responsible for making your own independent appraisal and investigation into the risks of the Transaction. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any Transaction.

3.4 We obtain information about your knowledge and experience in the investment field so that we can assess whether the service or product envisaged is appropriate for you. We shall assume that information about your knowledge and experience is accurate and shall bear no responsibility if such information is inaccurate or changes without informing us, and as a result, we will not be able to assess the appropriateness and suitability of our services for you. If you fail to provide sufficient information in this regard (or fail to provide any information), we will not be able to assess whether you have the necessary knowledge and experience to understand the risks involved. If you still wish us to proceed on your behalf, we may do so, but we shall not be able to determine whether trading in CFDs is appropriate for you. Consequently, we strongly advise you to provide us with any requested information which we believe to be necessary for the purpose of enabling us to assess the appropriateness of our products for you.

3.5 We may periodically, and with our absolute discretion, withdraw all or any part of the Services temporarily or permanently.

4. Client Consents

4.1 You agree and understand that you will not be entitled to delivery of, or be required to deliver, the Underlying of the Financial Instrument, nor ownership thereof or any other interest therein.

4.2 You agree and understand that no interest shall be due on the money we hold in your Account.

4.3 You agree and understand that we will affect any Transactions with you as an agent. Thus, we will be transmitting your Orders for execution to another broker(s), and such broker(s) may be transmitting the orders received by us to other liquidity providers. These broker(s) are not necessarily operating in a regulated market. We are receiving set prices for the financial instruments you can trade on our platform and have no means of amending or requoting them.

4.4 You agree and understand that CFDs trading is not done in a regulated market.

4.5 You solemnly declare that you have carefully read and fully understood the entire text of the Client Agreement herein with which you fully and unreservedly agree.

4.6 You solemnly declare that you have read, understood, found satisfactory, and accept as an integral part of this Client Agreement the following information provided on our Website:

• a) Risk Warnings and Risk Disclosures, and
• b) Trading Conditions.

4.7 You specifically consent to the provision of the information of Section 4.6 by means of our Website.

4.8 You confirm that you have regular access to the internet and consent to us providing you with information, including, without limitation, information about amendments to our Client Agreement, costs, fees, policies, and information about the nature and risks of investments by posting such information on our Website.

4.9 You acknowledge that a variation which is made to reflect a change of law may, if necessary, take effect immediately without prior notice. We may vary this Client Agreement at any time and it remains solely your responsibility to stay informed about any changes. The latest version of our Client Agreement is available for access on our Website.

4.10 Your trading account must be established for trading purposes only. The Company is not a bank, nor does it keep deposits as a bank. We keep deposits only to maintain margins supporting the trading account and trading activities.

4.11 The Company may offer its Clients the service of financial analysis. The service is provided by Trading Central™, a leading market-information and analysis provider. Trading Central™ offers technical insight, analyst views, value analyzer, newsletters, and features ideas. The Company assumes no responsibility or liability for the Client’s trading and investment results. The alerts received are provided for informational and educational purposes only and should not be construed as investment or trading advice. The Company has no involvement in the production of the trading signals provided and does not guarantee the accuracy, completeness, or timeliness of the information provided by Trading Central™. The Company does not in any way endorse the views, opinions, or recommendations provided from Trading Central™. The alerts/signals do not give investment or trading advice, they do not take into account the suitability for each Client, nor do they advocate the purchase or sale of any security or investment. The information is not intended to provide tax, legal, or investment advice, which you should obtain from a professional advisor prior to making any investment of the kind discussed in the information. By using the Company’s services, you expressly agree to hold the Company harmless against any claims whatsoever and confirm that your actions are at your sole discretion and risk. In case the Client does not wish to be provided with this service, the Company must be informed in writing. By continuing to receive the services of Trading Central™, you continue to agree to their Terms and Conditions. The Company may withdraw the trading signals service on a temporary or permanent basis at any time without prior notice.

5. Risk Warning

5.1 You unreservedly acknowledge and accept that:

• (a) You run a great risk of incurring losses and damages as a result of trading in CFDs and/or Financial Instruments and accept and declare that you are willing to undertake this risk. The damages may include loss of all your money and also any additional commissions and other expenses,
• (b) CFDs and/or Financial Instruments carry a high degree of risk. The gearing or leverage obtainable in CFDs and/or Financial Instruments trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small movement can lead to a proportionately larger movement in the value of your investment and this can work against you as well as for you. CFDs and/or Financial Instruments Transactions have a contingent liability and you should be aware of the implications of this in particular the margining requirements,
• (c) When trading in CFDs and/or Financial Instruments you are trading on the outcome of the price of an Underlying and that trading does not occur on a regulated market but over-the-counter (OTC),
• (d) Before deciding to trade on margin you should carefully consider your investment objectives, level of experience, and risk appetite,
• (e) You have chosen the particular type of service and financial instrument, taking your total financial circumstances into consideration which you consider reasonable under such circumstances, and
• (f) There are risks associated with use of online deal execution and trading systems including, but not limited to, software and hardware failure and internet disconnection. The Company is not responsible for such losses or failures.

5.2 The Company shall not be responsible for any loss arising from any investment based on any recommendation, forecast, or other information provided. Any opinions, news, research, analyses, prices, or other information contained on this Website are provided as general market commentary, and do not constitute investment advice. The Company will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

5.3 The contents of any report provided should not be construed as an express or implied promise, as a guarantee, or implication that Clients will profit from the strategies herein, or as a guarantee that losses in connection therewith can, or will be limited.

5.4 Trades in accordance with the recommendations in an analysis, especially leveraged investments can be very speculative and may result in profits, as well as losses, especially if the conditions mentioned in the analysis do not occur as anticipated.

5.5 In case of any fault in pricing process, typing errors, entering errors and quoting errors through the electronic trading system and/or phone, the Company has full right to make any necessary modifications to the investor’s trading account in which the mistake took place.

5.6 If you do not understand the risks involved in trading foreign exchange or leveraged Financial Instruments, please do not trade.

6. Liability

6.1 You agree that we shall not be liable for any consequential, indirect, incidental, or special loss (including loss of profits and trading losses) that result from your use of the Services even if you have advised us of the possibility of such loss. Consequential loss includes pure economic loss, loss of profit, loss of business, and likely loss whether direct or indirect.

6.2 Otherwise than through our negligence or willful default, we will not be liable for any losses, damages, or claims that result directly or indirectly from any person obtaining any access data that we have issued to you prior to you reporting to us the misuse of your access data.

6.3 We will not be liable to you for any losses, damages, or claims which result directly or indirectly from any research which you rely on in making an Order whether published by us or not.

6.4 We will not be liable to you for any losses, damages, or claims, which result directly or indirectly from a delay transmitting any Order.

6.5 We will not be liable to you for any losses, damages, or claims, which result directly or indirectly from any changes in the rates of tax.

6.6 We will not be liable for any losses, damages, or claims which result directly or indirectly if we fail to receive any documents sent in respect of your Account or any funds held on your behalf, or if you fail to receive any such documentation which we may forward to you.

6.7 Nothing in this Client Agreement shall be taken to restrict or exclude any duty or liability which we may owe you.

6.8 You agree to indemnify us against any loss, liability, cost, claim, action, demand, or expense incurred or made against us in connection with the proper performance of your obligations under this Client Agreement except where that loss, liability, cost, claim, action, demand, or expense arises from our negligence, fraud, or willful default or that of our employees.

6.9 Our failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Client Agreement or our failure to exercise any right or remedy to which we are entitled under this Client Agreement, shall not constitute an implied waiver thereof.

PART II – FUNDS

7. Client Money

7.1 All amounts handed over by the Client to the Company or which the Company holds on behalf of the Client, for the provision of Investment Services, shall be held in the name of the Client and/or in the name of the Company on behalf of the Client in an account. All Client Funds deposited for the provision of Investment Services, shall be held in a segregated account(s) (omnibus account) under the name “Client Account” together with money of other Clients. All amounts handed over by the Client to the Company or which the Company holds on behalf of the Client, for the provision of Investment Services, shall be held in the name of the Client and/or in the name of the Company on behalf of the Client in an account. This means that your funds will be segregated from our own money and cannot be used in the course of our business.

7.2 We may hold your money and the money of other Clients in the same clients’ bank account (omnibus account). In this case, we are able to identify your money through our back office and accounting system.

7.3 We may receive or pass on clients’ money to any of our affiliated companies or a third party (e.g. a bank, a market, merchant, e-wallet, intermediate broker, OTC counterparty or clearing house) to hold or control in order to effect a Transaction through or with that person or to satisfy your obligation to provide collateral (e.g. initial margin requirement) in respect of a Transaction. We have no responsibility for any acts or omissions of any third party to whom we pass money received from you. The third party to whom we pass money may hold it in an omnibus account and it may not be possible to separate it from our money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, we will only have an unsecured claim against the third party on behalf of you and our other Clients, and you may be exposed to the risk that the money received by us from the third party is insufficient to satisfy the claims of you and all other Clients with claims in respect of the relevant account. The Company accepts no responsibility for any funds not deposited directly into the Company’s bank accounts, for losses (directly or as a result of) due to delays and/or failures to deposit/remit funds through affiliated and/or third parties. Client Accounts will be credited with deposited funds only after the funds have reached the Company’s bank account.

7.4 We shall not pay interest on Client money that is credited or deposited into the segregated Client Account(s) by the Company, and we may place your money in overnight deposits and you hereby consent that we are permitted to keep any interest accrued. We may deposit your money with a depository which may apply a security interest, lien, or right of set-off to the funds.

7.5 We may hold your Client money on your behalf outside our home jurisdiction. The legal regime applying to any such bank or person may be different and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, your money may be treated differently from the treatment which would apply if the money was held with a bank in an account in our home jurisdiction. We will not be liable for the insolvency, acts, or omissions of any third party referred to in this paragraph.

7.6 We may deposit your money with a depository who may have a security interest, lien, or right of set-off in relation to that money.

7.7 Upon signing or acceptance of the Client Agreement, you hereby authorize the Company to process any deposits and withdrawals from the “Client Funds” Bank Account on behalf of the Company including, and without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Client Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person.

7.8 The Company may, at its discretion, from time to time and without the Client’s authorization, set-off any amounts held on behalf of the Client and/or to the credit of the Client against the Client’s obligation to the Company or its Broker(s). Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of any credit facilities.

8. Funding and Withdrawals of the Clients Account

8.1 You may fund your Account by credit or debit card, wire transfers or SEPA transfers, e-wallets or other similar methods of money transfer acceptable by the Company or any of its affiliated companies from time to time in its absolute discretion. We do not guarantee that all the transfer methods are available to be used in your country. Transfers to fund your account can only be initiated by you either 1) through the trading platform or 2) through the assistance of a tele operator subject to your express consent.

8.2 The minimum initial deposit required to start trading is described in the ‘Accounts’ section of our Website. At our discretion, we can allow you to start trading if you have transferred fewer funds than the minimum initial deposit. We reserve the right to refuse cash deposits and/or access to trading accounts due to said cash deposits.

8.3 You may request to withdraw funds deposited from your account as per the procedure described in the withdrawals section of the website, subject to delivering to us the required documents. If your withdrawal request is made to us without meeting all requirements, the Company reserves itself absolute discretion to execute this withdrawal request until all legal requirements are met. The Company does not charge any fees for transferring withdrawal funds to you, but any expenses incurred by the bank, credit card company, payment processor, or e-wallet for transferring the withdrawn funds shall be borne by you; please refer to the relevant section on our website. The maximum amount that can be transferred to your initial deposit facility is equal to the initial deposit made; profits made can only be transferred to your bank account.

8.4 The Client may withdraw funds deposited to his Account and/or profit gained through trading transactions from his Accounts only to the relevant account or card from which he had used to fund his Account (such account to be called “Originating Account/Card”. Transfers (withdrawals) of funds to accounts/cards other than the Originating Account/Card is allowed at the Company’s absolute discretion and provided the Company is satisfied that there is a reasonable justification for transmitting the funds to a different account. The minimum withdrawal amount is USD 25, unless otherwise stated. The minimum withdrawal amount for bank wires is USD 100.

8.5 The Client is fully responsible for the payment details given to the Company, and the Company accepts no responsibility for the Client’s funds if the details provided by the Client are wrong. If a withdrawal request is made to a bank account, the details must be provided within 5 business days. If 5 business days have passed, a new withdrawal request must be submitted.

8.6 The Company will effect withdrawals of Client funds only when the identity of the Client is verified by the valid Know-Your-Client and Anti-Money-Laundering documentation.

8.7A We shall make any payments due to you in such a manner as we deem appropriate in the circumstances and maintain a zero-tolerance policy for any violations of these Terms and Conditions such as, but not limited to, any fraudulent credit/debit card use, credit/debit card chargebacks, or other processor chargebacks (regardless of when the transaction or chargeback occurred), in which case all accounts will be immediately and irrevocably terminated. Any open trades associated with the account will be immediately closed and future trades will be refused as per provision 13.1.q of the T&C. You acknowledge that we are not required to provide you notice before closing your trades and/or account but may choose to do so. We shall make any payments due to you in such a manner as we deem appropriate under the circumstances and reserve the right to initiate legal proceedings against any Client submitting a chargeback. In case of a chargeback, we reserve our right to close/cancel all positions whether at a profit or a loss and liquidate the account without any additional information to the Client.

8.7B In cases of suspected “Friendly Fraud” such as an unwarranted chargeback claim against a legitimate transaction, you acknowledge that, in addition to the rights mentioned in provision 8.7A, the Company also reserves the right to:

• (a) Immediately, irrevocably, and indefinitely ban you – and all third parties you have authorized to act on your behalf – from using our services. We reserve the right to implement bans on:
  • i. All IP addresses used to access or otherwise associated with your account.
  • ii. Your own and your authorized third parties’ registered postal and billing addresses transmitted during the account verification process.
  • iii. Your own and your authorized third parties’ names and last names, and all other identification details as they appear on the identification documents submitted during the account verification process.
  • iv. Any other identifying elements we may find appropriate and effective.
  • All bans will be final and non-negotiable.
• (b) Recover the chargeback amount(s) from your account’s remaining balance.
• (c) Seize from your account’s remaining balance the total sum of profits.
• (d) Seize from your account’s remaining balance any given bonuses.
• (e) Notify all relevant credit issuers and credit rating institutions.
• (f) Pursue criminal proceedings against you for credit card fraud.
• (g) Initiate civil proceedings against you for redress, compensation, and recovery of any and all incurred losses and damages, including damages to reputation, directly or indirectly related to fraudulent chargebacks.

8.7C Provided that we find provision 8.7.B to be adequately satisfied, any positive balance left in your account will be refunded to the point of origin of the funds. You acknowledge that we are not required to provide you notice before proceeding with the refund, but may choose to do so.

8B Promotions and Incentives

8.8 Open trades of Clients who have not logged in for more than one week and/or never deposited any own funds will be closed automatically each weekend and the funds will be debited from their account. The Company accepts no liability or responsibility for the financial outcome resulting from the automatic closing of such open positions.

8.9 The Company, from time to time, and at our sole discretion, may offer several types of promotions and/or incentives through which Clients can earn specified rewards upon reaching or by completing pre-defined targets. “Promotions” are schemes which the Company runs repeatedly with the same or similar mechanisms whilst “incentives” (or competitions) are specific one-off schemes (for example, but not limited to, Christmas gifts) usually open to Clients only subject to invitation and respective confirmations. Clients who have not deposited any funds cannot be entitled to any bonus, or to any withdrawal bonuses and/or any other similar incentives which may be available under any promotion or incentive offered by the Company.

8.10 Joining promotions will be subject to specific conditions applied as listed below in Section 8.12; however, the conditions applicable for the specific one-off incentives are/will be issued in the incentive announcement. When joining promotions and/or incentives all other terms of this Agreement apply unless expressly and specifically excluded. Conditions apply for the duration of the promotion/incentive only and may be subject to change without any notice.

8.11 Any suspected breach, violation, or abuse of this Agreement and/or the specific conditions may lead, without prejudice to any other right we may have under this Agreement or Regulations, to the immediate cancellation, withdrawal, and debit of all bonuses.

8.12 Promotions and incentives are subject to availability and might not be offered to all clients. By participating in the promotions and incentives, you continue to accept our Terms and Conditions. We reserve the right to change promotions and/or incentives, conditions, withdraw, or annul any scheme without prior notice.

8.13 Promotions:

• A. Deposit Bonus (Pending Bonus)
  • (a) Subject to the deposit method, bonuses receive instant or manager’s approval. Bonuses subject to manager’s approval will only be visible in your bonus wallet once approved.
  • (b) Some bonus promotions might include a time window for which new deposits are eligible to receive a bonus and shall accordingly be announced in the terms of the respective promotion. In case no specific time window is stipulated, all deposit requests have to be received within the first 24 hours the first deposit was approved under the respective bonus promotion to be eligible for a bonus.
  • (c) The respective bonus promotion shall indicate the bonus to be granted with each approved deposit. In case no specific terms are issued, the bonus shall be 30%.
  • (d) The required trading volume is based on the cumulative bonus amount and updated each time a bonus is issued.
  • (e) Your bonus will be automatically released to your account balance when your leveraged trading volume reaches a specified multiplier on the granted bonus within a period of 60 days. In case the respective bonus promotion does not stipulate different terms, this multiplier shall be USD 10,000. For example, if you have a bonus of USD 300, you need to trade a total volume of USD 3,000,000 for it to be released. If you are subsequently granted another bonus of USD 200, your required trading volume will be USD 5,000,000 to release all bonus funds.
  • (f) When the bonus is released, it will be automatically credited to your account balance and can be withdrawn immediately.
  • (g) Bonus funds cannot be used for trading until they are added to your account balance.
  • (h) The bonus wallet cannot exceed USD 10,000 unless otherwise stipulated in the respective bonus promotion.
  • (i) Deposited funds (excluding the bonus) can be withdrawn at any time.
  • (j) The Company reserves its right to amend and/or cancel the conditions of its bonus promotions at any time and it shall be the responsibility of the Client to update himself accordingly. By continuing to participate in the bonus promotions you agree to their terms and conditions.
• B. Redeposit Bonus
  • The Redeposit bonus may be issued in different bonus levels, the below example refers to the 20%; all other levels follow the same mechanism. Subject to joining the redeposit bonus promotion, the following conditions shall apply:
  • (a) Subject to the deposit method, bonuses receive instant or manager’s approval. Bonuses will be visible only once approved.
  • (b) The required trading volume is based on the bonus amount received.
  • (c) You can withdraw your entire bonus amount and the profits generated with it when your leveraged trading volume reaches a multiplier of USD 10,000. For example, if you make a redeposit of USD 1,000, your 20% bonus will be USD 200 and you need to trade a total volume of USD 2,000,000 for it to be withdrawable. If you are subsequently granted another bonus of USD 200, your required total trading volume from the moment of receiving the first bonus will remain USD 2,000,000. Once this volume is reached, the initial amount of your bonus funds will become withdrawable. To release the follow-up bonus, you will have to complete another trading volume of USD 2,000,000.
  • (d) Any withdrawal of funds from an account that has received a bonus can result in the cancellation of all or part of the bonus(es) awarded.
  • (e) The bonus cannot exceed USD 10,000 unless otherwise stipulated in the respective bonus promotion.
  • (f) The Company’s normal terms and conditions apply and we reserve our right to amend and/or cancel the conditions of any bonus promotions at any time. By continuing to participate in the bonus promotions you agree to their terms and conditions.
  • (g) The redeposit bonus applies only to new deposits. If you withdraw funds from your account and redeposit them, you may not be eligible to receive the redeposit bonus.
• C. Rebate Bonus
  • Subject to joining the rebate bonus promotion, the following conditions shall apply:
  • (a) Our rebate bonus scheme will allow you to claim real cash back money when specified targets (such as for example but not limited: volume, rebate per trade, etc.) amounts are completed before the promotion’s expiration time. Targets are applicable as per the specific rebate promotion.
  • (b) The rebate bonus scheme may apply to all financial instruments or to specific ones from time to time; the rebate amount available per trade and/or financial instrument shall be available in the specific rebate bonus promotion’s terms and conditions.
  • (c) There is no minimum or maximum number of trades to be performed for participation in the rebate bonus promotion.
  • (d) Once the targets are completed, your bonus shall be credited automatically to your account. To qualify for a rebate bonus you will need to complete the required trading volume. The leverage applied may vary subject to the underlying asset and/or the account status.
  • (e) For rebate bonus claims, the required cumulative trading volume will be calculated based on the multiplier of USD 10,000 and updated each time a rebate is issued. For example, if you have a bonus of USD 300, you need to trade a total volume of USD 3,000,000 for it to be credited to your account. If you are subsequently granted another rebate of USD 200, your required trading volume will be USD 5,000,000 to release the rebate funds.
  • (f) When the rebate is credited, it will be automatically added to your account balance and can be withdrawn immediately.
  • (g) The Company’s normal terms and conditions apply and we reserve our right to amend and/or cancel the conditions of any rebate bonus promotions at any time. By continuing to participate in the rebate bonus promotions you agree to their terms and conditions.
• D. Competition Terms
  • (a) The Company may organize trading competitions and competitions (such as but not limited to, competitions related to Christmas, Easter, Summer Holidays, or other seasonal events) subject to invitation and respective confirmations.
  • (b) Participation is subject to meeting the specific competition’s terms and conditions.
  • (c) The Company’s normal terms and conditions apply and we reserve our right to amend and/or cancel the conditions of any competition at any time. By continuing to participate in the competition you agree to its terms and conditions.

8.14 The Company’s general conditions for bonus promotions:

• (a) All new promotions/incentives/competitions as described herein, are available to existing clients that have been notified by us via email, newsletter, or our website’s promotion page.
• (b) The specific terms and conditions of each promotion/incentive/competition must be accepted by the client during the registration process.
• (c) Each promotion/incentive/competition is subject to specific conditions applicable for the duration of the scheme only. General Terms and Conditions are applicable to all promotions/incentives/competitions.
• (d) Any suspected breach, violation, or abuse of this Agreement and/or the specific conditions may lead to the immediate cancellation, withdrawal, and debit of all bonuses.
• (e) Promotions/incentives/competitions are subject to availability and might not be offered to all clients. By participating in the promotions/incentives/competitions, you continue to accept our Terms and Conditions.
• (f) We reserve the right to change promotions/incentives/competitions conditions, withdraw, or annul any scheme without prior notice.

PART III – TRADING

9. Orders

9.1 The Client may give us instructions in writing (including fax), by email, or other electronic means (including trading through the online trading platform) or orally (including by telephone).

9.2 You shall place orders with us for the purchase or sale of Financial Instruments through our platform or by other means accepted by the Company from time to time.

9.3 All orders must be placed and executed on the same day. Any orders which have not been executed on the same day shall be treated as expired and must be renewed the next day if they are to be executed.

9.4 The Client may place orders with the Company 24 hours a day, 7 days a week. Orders will be accepted for execution only during the trading hours of the underlying asset as published by the Company.

9.5 The Company reserves its right, at its discretion, to limit the amount of open positions and/or positions opened for certain underlying assets. This is in consideration of the availability of underlying assets and/or leverage requirements.

9.6 We will not be responsible for the non-execution of any order given by you unless such non-execution is due to our negligence, willful default, or fraud. For the avoidance of doubt, we will not be liable to you for any direct or indirect losses, damages, or expenses arising from or in connection with non-execution.

9.7 The Company may, at its discretion, require that orders be confirmed by you through your registered email account and/or via a telephone call.

9.8 We may, at our discretion, refuse to accept any instructions from you, provided we inform you of the refusal as soon as is reasonably practicable.

10. General Trading Terms

10.1 When an order is executed, we shall send you an electronic confirmation of the order executed.

10.2 The Company may execute Client’s orders as per below:

• (a) The Company will execute Client’s orders on an ‘Agency’ basis by passing them for execution to another company/third party (Liquidity Provider) which might execute the orders against the Company’s or third parties’ proprietary accounts. The Company might also pass orders for execution to another broker.
• (b) The Company might hedge its Clients’ positions, with the Liquidity Provider(s), on a Back-to-Back Principal basis, meaning that the Client opens an order with the Company, the Company, in turn, places the exact same order with a third party (Liquidity Provider).

10.3 We may also, at our discretion, aggregate your orders with our own orders, orders of any of our employees and/or orders of other Clients. Furthermore, we may split your orders when executing them. In aggregating or splitting your orders, we must reasonably believe that it is in the best interest of the Clients. However, in some cases, aggregation and splitting of your order may result in you obtaining a less favorable price than if your orders had been executed respectively separately or mutually.

10.4 The Company reserves the right to refuse to execute any order.

10.5 The Company shall provide a general information and price transparency policy on our website. If you require any further information, you should contact our support desk.

11. Trading Platform

11.1 You shall enter your user name and password to access our electronic systems. You acknowledge that we may rely on this user name and password to identify you and you agree that you will not disclose this information to any other person.

11.2 You must notify us immediately if you become aware of any improper use of our electronic systems including your account.

11.3 We will use our reasonable endeavors to make our electronic systems available when required by you but we cannot guarantee that they will be available at all times.

11.4 You agree not to use our electronic systems in any improper manner including, but not limited to:

• (a) Reverse engineering, decompiling, or modifying our electronic systems.
• (b) Removing or altering any copyright, trademark, or other intellectual property notices.
• (c) Using any device, software, or routine to interfere or attempt to interfere with the proper working of our electronic systems.

11.5 The Company reserves the right to suspend your account if it detects any improper use of our electronic systems.

12. Price Data

12.1 The prices of Financial Instruments and/or Underlying Assets provided by the Company may differ from the current prices in the corresponding Exchanges and/or from other providers of prices of Financial Instruments and/or Underlying Assets.

12.2 The prices of Financial Instruments and/or Underlying Assets are calculated based on current market prices of the Underlying Asset and our profit margin.

12.3 The Company reserves its right, at its discretion, to refuse to accept any order and/or any transaction from you which is made based on any prices of Financial Instruments and/or Underlying Assets that may differ from the current prices in the corresponding Exchanges and/or other providers of prices of Financial Instruments and/or Underlying Assets. You acknowledge that such refusal does not constitute a violation of this Agreement.

13. Fraud, Anti-Money Laundering, and Market Manipulation

13.1 You shall not, under any circumstances, carry out or allow the carrying out of any activity which constitutes or may constitute:

• (a) Money laundering or any attempt to do so.
• (b) Fraud, including, without limitation, submitting false credit/debit card claims, chargebacks, or any other similar activity.
• (c) Market manipulation or any attempt to do so.

13.2 We shall report any suspicious activity to the relevant authorities without informing you, and we shall cooperate with any investigation that the authorities may undertake.

13.3 If we have reasonable grounds to suspect that you have engaged in any activity described in clause 13.1, we may, at our discretion, close your account and terminate this Agreement without notice to you. In such circumstances, we shall be under no obligation to refund any funds held in your account.

13.4 The Company may conduct periodic reviews of its Clients’ accounts and report any suspicious transactions to the relevant authorities.

14. Regulatory Disclosures

14.1 The Company is authorized and regulated by the Comoros International Bank of Commerce and Investments. The Company complies with the relevant anti-money laundering regulations and other applicable laws and regulations.

14.2 The Company may disclose information about you to the relevant authorities if required to do so by law or regulation.

15. Taxation

15.1 You are responsible for complying with all applicable tax laws and regulations in your jurisdiction. You acknowledge that you are responsible for reporting any income or gains from trading to the relevant tax authorities.

15.2 The Company does not provide tax advice, and you should seek independent advice if you have any questions about your tax obligations.

16. Conflicts of Interest

16.1 The Company has a conflicts of interest policy which is available on our website. This policy sets out how we manage conflicts of interest that may arise in the course of providing our services to you.

17. Amendments to the Agreement

17.1 The Company may amend this Client Agreement from time to time. We will notify you of any material changes by email or through our website.

17.2 Your continued use of our services after the effective date of any changes to this Client Agreement constitutes your acceptance of the changes.

PART IV – TERMINATION

18. Termination of the Agreement

18.1 Either party may terminate this Client Agreement at any time by giving written notice to the other party. Termination will not affect any obligations which have already been incurred by either party.

18.2 Upon termination of this Client Agreement, you shall immediately cease using our services and return any materials provided to you by the Company.

18.3 The Company may, at its discretion, terminate this Client Agreement immediately if you breach any of its terms or if we have reasonable grounds to suspect that you have engaged in any activity described in clause 13.1.

18.4 Upon termination, the Company shall be entitled to set-off any amounts owed by you to the Company against any amounts held in your account.

19. Governing Law and Jurisdiction

19.1 This Client Agreement is governed by the laws of the Comoros.

19.2 Any disputes arising out of or in connection with this Client Agreement shall be subject to the exclusive jurisdiction of the courts of the Comoros.

PART V – MISCELLANEOUS

20. General

20.1 If any provision of this Client Agreement is found to be invalid or unenforceable by any court or regulatory authority, the remaining provisions shall continue to be valid and enforceable.

20.2 This Client Agreement constitutes the entire agreement between the parties and supersedes any previous agreements or understandings, whether written or oral, relating to the subject matter of this Client Agreement.

20.3 Any failure by the Company to enforce any of its rights under this Client Agreement shall not be deemed a waiver of such rights.

20.4 You may not assign or transfer any of your rights or obligations under this Client Agreement without our prior written consent. The Company may assign or transfer any of its rights or obligations under this Client Agreement without your prior consent.

20.5 All communications between the parties shall be in English.

21. Notices

21.1 Any notice to be given under this Client Agreement shall be in writing and shall be deemed to have been duly given if sent by email or by post to the address last notified by the recipient to the sender.

21.2 Any such notice shall be deemed to have been received, if sent by email, on the day it was sent, or if sent by post, within five days of the date of posting.

22. Data Protection

22.1 The Company is committed to protecting your privacy and maintaining the confidentiality of your personal information. Our Privacy Policy sets out how we collect, use, and protect your personal data.

22.2 By entering into this Client Agreement, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

22.3 You have the right to access and correct any personal information that we hold about you. If you have any questions about our privacy practices or wish to access or correct your personal information, please contact us.

23. Intellectual Property

23.1 All intellectual property rights in our services and any materials provided to you by the Company are owned by the Company or our licensors.

23.2 You may use such materials only for your own personal, non-commercial use and may not copy, reproduce, distribute, or create derivative works from such materials without our prior written consent.

24. Force Majeure

24.1 We shall not be liable for any failure or delay in performing our obligations under this Client Agreement if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, technical failures, or government actions.

25. Third Party Rights

25.1 A person who is not a party to this Client Agreement shall not have any rights under or in connection with this Client Agreement.

26. No Partnership or Agency

26.1 Nothing in this Client Agreement is intended to create a partnership, joint venture, or agency relationship between the parties.

By entering into this Client Agreement, you acknowledge that you have read, understood, and agree to be bound by its terms and conditions.