2.1. The terms defined in this Article have, for all purposes of this Contract, the meaning herein specified unless the context otherwise specifies or requires. The following definitions are equally applicable to both the singular and plural forms of any of the terms herein defined:
“Services” — mean a Company’s activity for providing Client with possibility to receive the information provided on the Site and reception and transmission of the Client’s orders to conduct Operations through the on Site platform
“Operation” — means an action or actions related to Client’s purchase and/or selling of financial instruments information about which is available on the Site.
“Account” — means the data accumulated by Company having the specific details specified by Company to facilitate the availability of such data on the Site for Client and that allows to Client to monitor on the Site the Client’s Operations.
2.2. Any term used herein but not interpreted herein, shall have the meaning attributed thereto in the applicable law.
2.3. Headings of the Articles shall be used solely for reference and shall not affect the content and interpretation of this Contract.
2.4. Unless the context otherwise requires, the singular shall include the plural and vice-versa and either gender shall include the other.
2.5. Reference to any agreement between the Parties (including without limitation, this Contract) or to any other document, shall be deemed as reference to such agreement or document and to all agreements and documents which are declared by Company to be supplementary to them or to be attached thereto.
3. SUBJECT OF THE AGREEMENT
3.1. Subject of this Contract is to provide Services by Company to Client.
3.1.1. The Company’s Services includes the procuring of the access of Client to the Site and information platform located on the Site, support of Client by Company in relation to Services, procuring of analytics and news information.
3.1.2. Proceeding a payment on the Site, client makes a deposit in his account.
3.2. Hereby Client agrees that:
(i) — Company does not provide Client with any trust services for Client’s funds;
(ii) — Company does not provide Client with trading and any other recommendations in relation to the Operations performed by Client;
(iii) — Company reserves the right to transfer the Client’s orders to conduct Operations even if such Operation is or may be unprofitable for Client;
(iv) — Company is not liable for the results of the Clients’ Operations.
3.3. Hereby Client warrants that:
(i) — all provisions of this Contract were carefully read and accepted by the Client as terms that will define all conditions of Client-Company interaction;
(ii) — Client is the only authorized user of the Company’s Services and Client is irreplaceable subject of legal relations emerging from performance of this Contract by Client and Company;
(iii)- Client’s rights cannot be delegated, and obligations cannot be imposed on any other person;
(iv) — no person excluding Client has rights of action or obligations regarding Operations conducted by Client on the Site;
(v) — Client is not subject to any law or regulation which prevents his enter or performance of this Contract or any Operation;
(vi) — the information provided by Client to Company is complete, true, accurate and not misleading in any respect.
RIGHTS and OBLIGATIONS of the PARTIES
4.1. Client has a right:
4.1.1. to give Company an order to conduct Operations through the Site;
4.1.2. in case of absence of debt to Company or as a result of conducted Operations, to transfer to Company a demand to discharge Company’s obligations in favor of Client to the extent of amount of free funds, information about which is available on the Site in form of Account;
4.1.3. if any disputable situation occurs, to make a claim properly in official letter or by email to the details specified by Company on the Site.
4.1.4 .to terminate this Contract unilaterally, in case no debt to the Company exists.
4.2. Client is obliged:
4.2.1. to observe the provisions of this Contract when receiving Services and conducting of the Operations on the Site;
4.2.2. to be exclusively responsible for all actions or omission resulted from usage of usernames and passwords by Client or other third parties in relation to Client’s usernames and passwords for an access to the Site or platform on the Site;
4.2.3. to be exclusively responsible for all Client’s actions and omission, including the responsibility for the giving orders to conduct Operations on the Site;
4.2.4. to be solely responsible for the choice of strategy and consideration of possible risks from Operations or receiving of Services;
4.2.5. to be fully responsible for preserving confidentiality of information received from Company and to accept risk of possible financial loss of Client or Company resulted from unauthorized access to Client’s Accounts by the third parties;
4.2.6. to notify Company of any changes of Client’s contact details within seven (7) calendar days from the moment of such changes via official letter or email;
4.2.7. to register on the Site only one (1) Account. If it will be revealed that Client have multiple Accounts, the provision of Services will be canceled and further Services will not be performed. Company reserves the right to block all Client’s Accounts and Client’s funds contained therein will not be considered as Company’s obligation to withdrawal in favor of Client.
4.3. Company has a right:
4.3.1. if Client violates one or several provisions of this Contract to review value of the Company’s obligations to Client, with corrections being made to a relevant Client’s Operation register entry;
4.3.2. to suspend the provision of Services at any time and without any explanation to Client;
4.3.3. to terminate this Contract unilaterally. In such a case, Company shall notify Client by any available to Company means within three (3) business days from the date of termination of this Contract;
4.3.4. to contact Client with any question concerning this Contract, particularly, in order to make certain in the Client’s intentions regarding Client’s actions on Client’s Accounts;
4.3.5. to modify, to add, to rename or to leave unchanged any sections, paragraphs and sub-paragraphs of this Contract, and Company is not obliged to notify Client regarding such changes;
4.3.6. if any objective causes exist, Company has a right to suspend the provision of Services to Client;
4.3.7. to modify the size of the value of the Company’s obligations in favor of Client, if the Operations made on the Site is not respected by this Contract;
4.3.8. to engage the third parties for service provision in accordance with this Contract, under the condition that they completely assume the Company’s obligations to keep all information received from Client as strictly confidential;
4.3.9. in regards to any circumstances and situations not covered by this Contract Company has a right to act at its own discretion in accordance to business customs and existing practice.
4.4. Obligations of Company:
4.4.1. in accordance to the provisions of this Contract to provide Client with Services on the Site;
4.4.2. in accordance to the provisions of this Contract, if no obligations on the Client’s part exist, on the Client’s request to discharge the Company’s financial obligations in favor of Client to the extent of amount of free funds on the Client’s Account;
4.4.3. to observe the provisions of this Contract.
5. APPLICABLE LAW
5.1. In the interpretation and enforcement of the provisions of this Contract the Parties shall be governed by the laws
5.2.In regards to any disputes resulted from the performance of this Contract the Parties agrees with UK law-courts’ jurisdiction.
5.3. In case of a disputable situation being considered in accordance to the law , the language used for adjudication is English and the Parties have the right to use interrupter services during the trial and for preparation for the trial.
6. TERM of this CONTRACT and TERMINATION of this CONTRACT
6.1. This Contract is an official offer (public offer), and implies the intention of Company to conclude an agreement with any person who accepts all conditions hereof by the registration on the Site, except when the Services cannot be provided for technical, legal or other reasons according to the law applicable to this Contract and/or under the laws of any jurisdiction that applies to Client or Company. This Contract enters into force after the acceptance of this terms and conditions by Client.
6.2. This Contract is concluded by the Parties for an indefinite period and shall be deemed as terminated after full blocking of the Client’s Account.
7. INDEMNITY and LIABILITY
7.1. The Parties shall be held liable in accordance with the laws of the Marshall Islands for the failure to perform or improper performance of their obligations under this Contract.
7.2. Client shall indemnify and keep indemnified Company and its directors, officers, agents, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by Company or any other third party and arising out of Client’s failure to fully and timely comply with its obligations set forth herein and/or out of the Company’s need to enforce such liabilities in respect to any act or omission by Client in the performance of his obligations hereunder, unless such liabilities result from gross negligence, willful default or fraud by Company. This indemnity shall survive termination of this Contract.
7.3. Company shall not be liable for any losses, expense, cost or liability incurred by Client in relation hereto, unless such losses, expense, cost or liability result from gross negligence, willful default or fraud by Company. Notwithstanding the provisions of Article 7.2 hereof, Company shall have no liability to Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with this Contract.
7.4. Company shall not be liable for any loss of opportunity as a result of which the value of the Client’s funds could have been increased or for any decrease in the value of the Client’s funds, regardless of the cause, unless such losses is directly due to gross negligence, willful default or fraud on the part of Company.
7.5. Company shall not be liable for any losses which are the result of misrepresentation of facts, error in judgment or any act done or which Company has omitted to do, whenever caused, unless such act or omission result from gross negligence, willful default or fraud by Company.
7.6. Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of Client or with or through whom transactions on behalf of Client are carried out.
7.7. Any reports, news, opinions and any other information which may be provided by Company to Client, aim to facilitate Client in making his own investment decisions and do not constitute personal investment advice. If Company is deemed, for any reason to provide any recommendation and/or advice, Client hereby agrees that any Operation affected either by adopting or ignoring any such recommendation and/or advice received from Company shall be deemed by Client as relying exclusively on Client’s own judgment and Company shall have no responsibility or liability
7.8. Client acknowledges and agrees that he shall be exclusively responsible and liable for any investment strategy or Operation and he shall not rely on Company for any purpose and Company shall have no responsibility or liability whatsoever, irrespective of any circumstances, for any such investment strategy or Operation.
7.9. Client acknowledges and assumes (i) the risk of mistakes or misinterpretations in the Client’s orders sent through the on Site platform or mobile apps authorized by Company due to technical or mechanical failures of equipment or devices, (ii) the risk of delay or other problems with processing of the Client’s orders as well as (iii) the risk that the Client’s orders may be placed by unauthorized persons and agrees to indemnify Company in full for any loss incurred as a result of acting in accordance to such orders. Client accepts that during the reception and transmission of Client’s order, Company shall have no responsibility as to its content or the identity of the person placing the order, except for gross negligence, willful default or fraud by Company.
7.10. Client acknowledges that Company will not take action based on orders transmitted to Company using electronic means other than Client’s orders transmitted using the on Site platform or mobile apps authorized by Company, and Company shall have no liability towards Client for failing to take action based on such orders.
7.11. Company bears no responsibility for any actions or omissions of third parties nor does it bears any responsibility for any damage and/or losses and/or costs caused to Client and/or third party as a result of and/or in relation to any aforesaid action or omission.
7.12. Company is not responsible for any power cuts or failures that prevent the use of the on Site platform and/or the Site and/or mobile apps authorized by Company and cannot be responsible for not fulfilling any obligations under this Contract because of network connection or electricity failures.
7.13. Company is not responsible for the failures in the work of the post-office, Internet, communication networks, which occur for the reasons not depending on Company, and which have been followed by delayed receipt or failure to receive by Client any notices of Company.
7.14. Client hereby fully and irrevocably accepts all risks related to protection of funds, including without limitation unfavorable changes in the market conditions while investing into selected portfolio specified on the Site. Upon occurrence of events (risks) specified in this Article, the liability of Company is fully excluded.
7.15. Company doesn’t take any responsibility for actions or omission of the third parties who are carrying out banking, billing, or any other activity, similar to it, or other intermediary activity related to the support of banking or other accounts, billing or transfer of the Client’s funds.
Addition 1 to the Terms & Conditions
8. RISK WARNING
8.1. The Client guarantees that he knows the basic principles of the cryptocurrency work, and also the characteristics of the cryptocurrency that affect its value. The Client also guarantees that he has the ability to make transactions with the cryptocurrencies, and that the Client is legally competent in accordance with his personal law.
8.2. The Client understands that the Service reflects on the Site the course on which the transactions are based, and that such a course is set by the users themselves. The Service does not influence the course in any way, the Service does not give recommendations for determining the course, and does not forecast it. The Client bears all the economic risks associated with choosing one or another course. The Service does not guarantee to the Client that the Transaction will be completed and that the terms of such transaction will be beneficial to the Client.
8.3. The Client understands that any operations with cryptocurrencies are irreversible.