This client agreement, together with any Schedule(s) and accompanying documents, as amended from time to time (hereafter the Agreement) sets out the terms of the contract between you and us. By signing this agreement, it is assured that you understand and agree with the terms of this agreement.
Barclays Capital (hereafter the Company), is a Binary options trading Company incorporated in BVI via its website found at www.tdoptions.com, as these are defined throughout this Agreement, through its electronic system over the Internet (hereafter the Trading Platforms).
The Company will provide investment services (hereafter the Services) strictly under the terms and conditions defined throughout the Agreement.
We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement, from time to time, and we will notify you of any such amendment, modification or change by publishing the new version of this Agreement on the relevant page of our Internet sites. Any modified version of this Agreement will take effect 10 days after its publication on the Internet Site and your continued use of the Services or the Software after the aforementioned 10 days will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement and we advise you to check for updates on a regular basis.
ONLINE SERVICES AGREEMENT
This Agreement applies to both the The Company websites and the trading platforms, as well as to the electronic content and or software currently contained on the website that supplies the customer with real time information and any other features, content or services that the Company may add in the future.
The Client has read and accepted all the information presented in the Company’s websites which are available to the public. It is noted that Company may operate other websites apart from the main websites mentioned above and which may contain information concerning the Company, its services and the legal framework to which the Company is bound, in different languages other than the English language.
Our services are available to and may only be used by individuals or companies who can form legally binding contracts under the Law applicable to their country of residence. Without limiting the foregoing, our Services are not available to persons under the age of 18 or otherwise under the legal age (Minors). If you are a minor, you may not use this service. For avoidance of doubt, we shall not be responsible for any unauthorised use by minors of our services in any way or manner.
Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via the Company’s websites and have done so without relying on any information contained in the Company’s website. The offering of binary options on various underlying financial and other assets may not be legal in some jurisdictions. 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 the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Our Services are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion. For avoidance of doubt, the ability to access our Web site 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 residency.
COMMUNICATION WITH US
You may communicate with us in writing (including fax), by email or other electronic means, or orally (including by telephone). The 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. Our websites contain further details about us and our services, and other information relevant to this Agreement. By accepting and agreeing to the Terms and Conditions of this Agreement and further opening an account with the Company, the Client accepts the following terms and conditions.
The Company is free to use any idea, concept, know-how or technique or information contained in your communications for any purpose including, but not limited to, developing and marketing products. The Company monitors 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 manner in which the Company monitors your communications.
Account means the personal trading account the Client maintains with the Company and designated with a particular account number. Access Codes means the username and password given by the Company to the Client for accessing the Company’s electronic systems. Agreement means these Terms and Conditions for the Services offered by the Company. Balance means the sum held on behalf of the Client on its Client Account within any period of time. Base Currency means the first currency in a currency pair. Business Day means a day which is not a Saturday or a Sunday or a public holiday in Hong Kong or any other holiday to be announced by the Company on its website. Company’s website means the following website is www.tdoptions.com.
Operating (Trading) Time of the Company means period of time within a business week, where the trading terminal of the Company provides the opportunity of trading operations. The Company reserves the right to alter this period of time as fit, upon notification to the Client. Services means the investment services which will be provided by the Company to the clients and are governed by this Agreement as these are described in Paragraph 3 of this Agreement. Transaction means any type of transaction subject to this Agreement effected in the Client’s trading account(s) including but not limited to Deposit, Withdrawal, Open Trades, Closed Trades and any other transaction of any financial instrument.
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 the genders and whenever reference is made to the terms Paragraphs, Sections and Appendices it concerns paragraphs, sections and appendices of this Agreement.
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.
ACCOUNT OPENING INFORMATION AND REQUIREMENTS
When you register for the Services, the Company will ask you to provide certain identifying information (“Account opening”).
From time to time the Company may contact clients whether by phone or email or by any form of communication means for the purpose of offering them further information about the Company, binary options trading or financial market trading. In addition the company may, on occasion, seek to contact clients, whether by phone or by email, for the purpose of informing them of unique promotional offerings provided by the Company.
Where the Company provides general trading recommendations, market commentary or other information in its newsletters and/or website:
The Company will act in the capacity of a principal and not as an agent on Client’s behalf and in this respect the Client enters into this Agreement as a principal and not as an agent on behalf of another person either legal or natural.
The Company’s operating hours are from 22:00 GMT on Sunday to 21:00 GMT on Friday, excluding official holidays in Hong Kong. The Company reserves the right to suspend or modify the operating hours on its own discretion and on such event its websites will be updated without delay in order for the Client to be informed accordingly.
The Company has the right to refuse the provision of any investment and/or ancillary service to the Client, at any time, without being obliged to inform the Client of the reasons why in order to protect the lawful interests of both the Client and the Company.
The Company may, at its sole discretion, arrange for any Transaction to be effected with or through the agency of an intermediate broker, who may be an Associate of the Company, and may not be in Hong Kong. Neither the Company nor its respective director, officers, employees or agents will be held liable to the Client for any act or omission of an intermediate broker or agent. No responsibility will be accepted for intermediate brokers or agents selected by the Client.
GUARANTEES ON BEHALF OF THE CLIENT
The Client states, confirms and guarantees that any funds handed to the Company for trading purposes, belong exclusively to the Client and are free of any lien, charge, pledge or any other burden. Further, whatever funds handed over to the Company by the Client is not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity. The Client acts for himself and not as a representative or a trustee of any third person, unless he has produced, to the satisfaction of the Company, a document and/or powers of attorney enabling him to act as representative and/or trustee of any third person. The Client agrees and understands that in the event that the Company has such proofs that are adequate to indicate that certain amounts, as classified above, received by the Client are proceeds from illegal acts or products of any criminal activity and/or belonging to a third party, the Company reserves the right to refund these amounts to the sender, either this being the Client or a beneficial owner. Furthermore, the Client also agrees and understands that the Company may reverse any transactions performed in the Client’s Trading Account and may terminate this agreement. The Company reserves the right to take any legal action against the Client to cover and indemnify itself upon such an event and may claim any damages caused to the Company by the Client as a result of such an event. The Client declares that he/she is over 18 (eighteen) years old, in case of natural person, or that it has full legal capacity, in case of legal person, to enter into this Agreement. The Client understands and accepts 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. The Client guarantees the authenticity and validity of any document handed over by the Client to the Company.
Upon accepting and signing this Agreement, the Client is entitled to apply for Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions to either buy or sell any Financial Instrument available from the Company. Further, the Client will be able to trade on the Company’s 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, the Client understands that the Company can, at its absolute discretion, terminate the Client’s access to the Company’s systems in order to protect both the Company’s and clients interests and to ensure the systems effectiveness and efficiency. The Client agrees that he/she will keep the Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorised access or use of the Trading Platforms. The Client agrees 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. The Client is responsible for all acts or omissions that occur within the Websites through the use of his/her registration information. If the Client believes that someone has used or is using his/her registration information, user name or password to access any Service without the Client’s authorisation, the Client should notify our Customer Support immediately. The Client will make every effort possible to keep the Access Codes secret and known only to him and will be liable of any Orders received by the Company through his trading Account under his Access Codes. Further, any Orders received by the Company will be considered as received from the Client. In cases where a third person is assigned as an authorised representative to act on behalf of the Client, the Client will be responsible for all Orders given through and under the representative’s Account Password. The Client is responsible to monitor his Account and to notify the Company immediately if it comes to his attention that his Access Codes are lost or being used by an unauthorised third party. Also, the Client agrees to immediately notify the Company should he become aware of any failure by the Client to receive a message indicating the reception and/or execution of an Order, the accurate confirmation of an execution, any information for Client’s Account balances, positions or transactions history as well as in case the Client receives confirmation of an Order that he did not place. The Client acknowledges that the Company may choose not to take action based on Orders transmitted to the Company using electronic means other than those Orders transmitted to the Company using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such Orders. The Client agrees 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 protocols used by the Company. Moreover, the Client agrees to follow the access procedure (Login) of the Company that supports such protocols. The Company will not be held responsible in the event of unauthorised access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the Client and the Company and/or any other party using the Internet or other network or electronic mean available. 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. In the case of such electricity / communication/ Internet failures, if the Client wishes to place an Order, then the alternative means of communications/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/Client’s identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. The Company further reserves the right to ask the Client to give instructions regarding the Client’s transactions by other means that it deems appropriate. The Company shall have no liability for any potential damage the Client 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. The Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the Client to suspend access to electronic systems / trading platforms for this reason.
The Company has the right, unilaterally and with immediate effect, to suspend or withdraw permanently Client’s 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 Client’s breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the Client when there has been a breach of security. In addition, the use of an Electronic Service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the Electronic Service; or this Agreement. The use of an Electronic Service may be terminated immediately if an Electronic Service is withdrawn by any Market or the Company is required to withdraw the facility to comply with Applicable Regulations. The Client remains fully liable for any and all positions traded on his/her account, and for any credit card transactions entered into the site for the Client’s account. The Client agrees to indemnify the Company fully in respect to all costs and losses whatsoever as may be incurred by the Company as a result, direct or indirect, of the Client’s failure to perform or settle such a transaction. The Client further agrees that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the mispricing) due to an undetected programming error, bug, defect, error or glitch in the Company’s website software or any other reason resulting in mispricing (for the purpose of this section the error), the Company reserves the right to cancel such transactions upon notifying you of the nature of the computer error that led to the mispricing. The Company may, at its sole discretion, impose volume or other limits on Customer accounts. Contract payouts shall be determined by the Company by reference to the daily values reported on this website relevant to the inter-bank trading data received by the Company for all options, subject to the proviso that the Company shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.
ORDERS – INSTRUCTIONS AND BASIS OF DEALINGS
Reception and Execution of Transactions
The Company may, in certain circumstances, accept instructions, by telephone via the Company’s Dealing Room, provided that the Company is satisfied, at its full discretion, of the Client’s identity and the Company is further also satisfied with the clarity of instructions. In case of an Order received by the Company in any means other than through the Trading Platform, the Order will be transmitted by the Company to the Trading Platform and processed as if it was received through the Trading Platform. It is understood that an Order will not be affected until it is actually considered received by the Company. It is noted that in this Agreement, instructions and orders have the same meaning.
In the event that the Company wishes to confirm in any manner any instructions and/or Orders and/or communications sent through the telephone, it reserves the right to do so. The Client accepts that there is a risk of misinterpretation or mistakes in the instructions or Orders sent through the telephone, regardless of what caused them, including, among others, technical failures.
Once the Client’s instructions or Orders are received by the Company, they cannot be revoked, except with the Company’s written consent which may be given at the Company’s sole and absolute discretion. The Company reserves its right not to accept Client’s Orders, in its absolute discretion, and in such a case the Company shall not be obliged to give a reason but it shall promptly notify the Client accordingly.
The Customer places his market request at the prices he sees on his terminal/platform and the execution process is initiated. Due to the high volatility of the market as well as the internet connectivity between the customer terminal and the server, the prices requested by the customer and the current market price may change, during this process. The Customer has the right to use a Power of Attorney to authorise a third person (representative) to act on behalf of the customer in all business relationships with the Company. 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 the customer.
The Company uses it’s reasonable endeavours to execute any order promptly, but in accepting the Client’s orders the Company does not represent or warrant that it will be possible to execute such order or that execution will be possible according to the Client’s instructions. In case the Company encounters any material difficulty in carrying out an order on Client’s behalf, for example in case the market is closed and/or due to illiquidity in financial instruments and other market conditions, the Company shall promptly notify the Client. The Client agrees that the Company may execute an order on Client’s behalf outside a regulated market and that the Company’s order execution policy will not apply when the Client places a specific instruction.
Orders can be placed, executed, changed or removed only within the operating (trading) time and shall remain effective through the next trading session. The Client’s 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. 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 customer and/or any other material information relating to a transaction are properly recorded. Such records will be the Company’s property and will be accepted by the customer as evidence of his orders or instructions. The Company may use recordings and/or transcripts thereof for any purpose which it deems desirable. The Company may require the Client to limit the number of open positions which the Client may have with the Company at any time and the Company may in its sole discretion close out any one or more Transactions in order to ensure that such position limits are maintained. The position limits will be notified in advance to the Client either through the Company’s website or trading platforms. If any underlying asset of the Financial Instrument becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to withdraw the specific financial instrument from the Company’s trading platform. The Company has the right to set control limits in relation to Client’s orders at its own and absolute discretion. Such limits may be amended, removed or added and may include without limitation:
There may be restrictions on the number of Transactions that the Client can enter into on any one day and also in terms of the total value of those Transactions when using an Electronic Service. The Client acknowledges that some Gold Physical Markets (Prime Jade Refinery Bars) manufacture by Prime Jade Engineering Sdn Bhd located at Penang Gold Exchange Centre, Jalan Sungai Penang, Penang, Malaysia place restrictions on the types of orders on its gold forward contract that can be directly transmitted with the symbol “PG$” or “PGex” 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 base on its physical supply against Demands. The Client acknowledges that a Market may cancel a synthetic order when fixing its daily price base on physical gold supply and demand, trading screens may drop the record of such an order, and the Client enters such orders at his own risk. The Client shall refer to the Company’s website for details of the restrictions / limits imposed on Transactions performed through its electronic systems and/or trading platforms apart from verifications of COA (Certificate Of Authenticity).
In case where the client has any open positions on the ex-dividend day for any of the underlying assets of the financial instrument, the Company has the right to close such positions at the last price of the previous trading day and open the equivalent volume of the underlying financial instrument at the first available price on the ex-dividend day. In this case, the Company will inform the client via the internal mail of the said adjustment and no client consent will be required.
Confirmations for all Transactions that have been executed in the Client’s Trading Account on a trading day will be available via Client’s online Account through the Trading Platform as soon as the transaction is executed. It is Client’s responsibility to notify the Company if any confirmations are incorrect. Confirmations shall, in the absence of manifest error, be conclusive and binding on the Client, unless the Client places his/her objection in writing within five (5) Business Days. The Client might request to receive the Account statement monthly or quarterly via email, by providing such a request to the client support department, but the Company is not obliged to provide the Client with the paper Account statement. The Account statement is provided at the expense of the client.
Authorisation of third person to give instructions on behalf of a Client
The Client has the right to authorise a third person to give instructions and/or Orders to the Company or to handle any other matters related to this Agreement, provided that the Client has notified the Company in writing that such a right shall be exercised by a third party and that this person is approved by the Company and fulfils all of Company’s conditions to allow this.
In case the Client has authorised a third person as mentioned in Section 7.3.1 above, it is agreed that in the event that the Client wishes to terminate the authorisation, it is the Client’s full responsibility to notify the Company of such decision in writing. In any other case, the Company will assume that the authorisation is still ongoing and will continue accepting instructions and/or Orders given by the authorised person on behalf of the Client.
The Company will quote prices at which it is prepared to deal with the Client. Save where:
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 with a principal amount not to exceed a maximum determined by the Company. The Client acknowledges that these prices and maximum amounts may differ from prices and maximum amounts provided to other customers of the Company and may be withdrawn or changed without notice. The Company may in its sole discretion and without prior notice to the Client immediately cease the provision of prices in some or all currency pairs and for some or all value dates at any time. When the Company quotes a price, market conditions may move between Company’s sending of the quote and the time the Client’s order is executed. Such movement may be in Client’s favour 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 the Client.
REFUSAL TO EXECUTE ORDERS
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:
The Company shall proceed to a settlement of all transactions upon execution of such transactions.
Acquisition of a financial contract is completed when the financial contract has been customised, the premium (or the margin, as the case may be) has been calculated and payment has been verified.
The Client agrees to be fully and personally liable for the due settlement of every transaction entered into under their account with the company. Further to the provisions of paragraph 6.2. of this Agreement, a statement of Account will be provided by the Company via the Trading platform to the Client once a year, as required by the Law. Any confirmation or proof for any act or statement of Account or certification issued by the Company in relation to any transaction or other matter shall be final and binding on the Client, unless the Client has any objection in relation to such statement of Account or certification and the said objection is communicated in writing and received by the Company within five (5) working days from the receipt or the deemed date of receipt of any statement of Account or certification.
In the case where the Client is able to have an online statement for his Account on a continuous basis, then the Company is considered as having fulfilled its obligations under Paragraph 11.2 and any objections of the Client shall be valid only if received by the Company in writing within two (2) working days from the transaction under objection.
Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client’s name and/or the Company’s name. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
Upon signing the Agreement, the Client authorises the Company to make any deposits and withdrawals from the Bank Account on his behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person.
It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the Client to a bank account the beneficial owner of which is the Client. Fund transfer requests are processed by the Company within the time period specified on the Company’s official website and the time needed for crediting into the client’s personal account will depend on the client’s bank account provider.
The Company retains a right of offset and may, at its discretion, from time to time and without the Client’s authorisation, offset any amounts held on behalf and/or to the credit of the Client against the Client’s obligation to the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of credit facilities.
The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations from his Account without closing the said Account.
The Company reserves the right to decline a withdrawal 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 on full documentation of the Client.
It is within the Client’s terms that any incurring bank fees will be paid by him in case of funds withdrawals from his trading account to his designated bank account. The Client is fully responsible for the payment details that he has provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank details.
The Client agrees that any amounts sent by the Client in the Bank Accounts, will be deposited to the Client’s trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by the Client, the identification of the sender must by verified and ensure that the person depositing the funds is the Client. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor.
Withdrawals should be made using the same method used by the Client to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with specific payment method and to suggest another payment method where the Client needs 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, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client’s trading account.
In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client’s 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 the Client’s trading account(s).
The Client agrees to waive any of his rights to receive any interest earned in the funds held in the company custody where Client’s funds are kept.
The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorism financing, on the payment document. It is the Company’s policy not to accept payments from third parties to be credited to the Client’s account unless a written consent is provided. Please note that while using one of the clearing methods of the Company (in accordance with the Client’s clearing circumstances) the Client could be under custodianship of the company.
The Company has the right to refuse a client’s transferred funds in any of the following cases:
In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the client will suffer the relevant client’s bank account provider charges.
Client fund transfer requests will be performed from the Company’s client portal located on its official website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer.
The client acknowledges that in case where a client’s bank account is frozen for any given period and for any given reason the Company assumes no responsibility and client’s funds will also be frozen. Furthermore, the client acknowledges that he has read and understood the additional information provided on each payment method available on the Company’s client portal. The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of a withdrawal order.
Withdrawal of credit card deposits:
Credit card deposits may be, according to credit card companies’ regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at Company’s discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures and documentation from the Client. Please note that we only accept withdrawal requests of at least $100 per transaction. Credit Card Deposits: When choosing an account base currency other than USD and EUR, the Client’s credit card may be debited sums which due to exchange rates and credit card companies’ fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency.
The Client hereby accepts that such variations may occur and he/she hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency these phenomena will be avoided. Wire Transfers: When depositing by a Bank Transfer, as required by anti-money-laundering regulations, the Client is required to use only one bank account, which is in his/her country of residence and in his/her name. An authentic SWIFT confirmation or Transfer Confirmation, showing the origin of the funds, must be sent to the Company. Failure to submit such SWIFT/Confirmation may result in the return of the deposited amount, hence preventing the deposit of such pending amounts to the Client’s trading account. Any withdrawal of funds, from the Client’s trading account to a bank account, can only be refunded to the same bank account that the funds were originally received from.
The Company is entitled to receive fees from the Client for its Services provided as described in the Agreement as well as compensation for the expenses it will incur for the obligations it will undertake during the provision of the said Investment Services. The Company reserves the right to modify, from time to time the size, the amounts and the percentage rates of its fees providing the Client with a respective notification of such changes accordingly. Notification is made via the Company’s website.
In the event where Clients wish to withdraw their balance without having traded on the platform will be subject to up to 7% handling fees which would be determined at the Company’s sole discretion.
In the event where a Client accepts a bonus (please refer to Bonus Terms & Conditions), undertakes the obligation of our trading benefits (but not exclusively) and requests to withdraw in contrary to the terms and conditions of the bonus benefits will be reviewed by a special committee that will decide with accordance to each Client’s unique circumstances whether to approve the Client’s request and under which conditions, which may include inter alia that Clients who received bonus and wish to withdraw are subject to a handling fee. The maximum percentage fee that a Client could incur is up to 30% of the balance (less the trading benefits). The exact percentage will be determined according to each Client’s circumstances which would be determined at Company’s sole discretion which will take into consideration inter alia:
In case of any value added tax or any other tax obligations that arise in relation to a transaction performed on behalf of the Client or any other action performed under this agreement for the Client, the amount incurred is fully payable by the Client and in this respect the Client must pay the Company immediately when so requested and the Company is fully entitled to debit the account of the Client with the outstanding amount to be settled (excluding taxes payable by the Company in relation to Company’s income or profits). You understand and agree that, in general, the Company does not collect tax on behalf of any authority in any form or manner.
Without limiting the foregoing, it is the Client’s obligation alone to calculate and pay all taxes applicable to him/her in his/her country of residence, or otherwise arising as a result of his/her trading activity from the use of the Company’s Services. Without derogating from his/her sole and entire responsibility to perform tax payments, the Client agrees that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company. The Client understands that amounts that may be withdrawn by him/her from his/her account are “gross amounts”, from which the Company may deduct such taxes, and that you shall have no claim towards the company with regard to such deductions.
Without limiting the foregoing, once a client enters into a position and chooses multiple directions (i.e. call/put) on the same asset whilst close to and/or on the same expiry date of said asset, it must be emphasized that only one direction will be considered as turnover with accordance to the calculation of the required trade volume in the Bonus scheme.
By accepting the terms and conditions specified in this agreement, the Client has read and understood and accepted the information uploaded and found on the Company’s main website and is publicly available for all Clients, in which all related commission, costs and financing fees are explained. The Company may amend from time to time at its own discretion all such commission, costs and financing fees. All information relating to the aforementioned amendments will be available on the main website which the Client must review and check for changes during the period that he is dealing with the Company and especially before placing any orders with the Company. The Client is deemed to have seen, reviewed and considered the Company’s commission, costs and financing fees and any changes that the company may make thereto from time to time.
COMPANY LIABILITY AND INDEMNITY
It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the Client’s Orders and/or from which transactions are carried out on behalf of the Client, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company.
The Company will not be held liable for any lost opportunities by the Client that have resulted in either losses or reduction (or increase) in the value of the Client’s Financial Instruments.
In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the Services and all related operations that are performed as a mean for these Services to be performed to the Client as these are agreed in this Agreement or in relation to the potential disposal of the Client’s Financial Instruments, the Client is fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the Client’s responsibility to indemnify the Company for the aforementioned.
The Company shall not be held liable for any damage caused to the Client as a result of any omission, negligence, deliberate omission or fraud by the bank where the Bank Account is maintained.
The Company shall not be held liable for the loss of funds of the Client in cases where the Client’s assets are kept by a third party such as a bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
The Company makes every effort to ensure that the Banks and institutions to which the Client’s funds are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.
Without prejudice to any other terms of this Agreement, the Company will not be liable for:
The Company shall not be liable to the Client for any partial or non-performance of its obligations hereunder by reason of any cause beyond reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, Market or clearing house, for any reason, to perform its obligations.
The client further acknowledges that he/she is responsible for reviewing the expiration dates for the binary options, which are located on the Company’s official website.
This Agreement shall take effect upon the first deposit in the Client’s Account, provided that the Company has sent the Client written confirmation for his acceptance and the Client has either accepted in writing or digitally this Agreement. It shall be valid for an indefinite time period until its termination from either the Company or the Client or both.
The Agreement may be amended on the following cases:
The Client has the right to terminate the Agreement by giving the Company at least thirty (30) days written notice, specifying the date of termination in such, on the condition that in the case of such termination, all Client’s Open Positions shall be closed by the date of termination without derogating the Bonus Terms and Conditions and all the provision aforementioned therein, including charges, fees and penalties.
The Company may terminate the Agreement by giving the Client a five (5) days written notice, specifying the date of termination therein.
The Company may terminate the Agreement immediately without giving any notice in the following cases:
Death of the Client;
The termination of the Agreement shall not in any case affect the rights which have arisen, existing commitments or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay:
Any pending fee of the Company and any other amount payable to the Company;
It shall be noted that the due to market conditions and fluctuations, the value of Financial Instruments may increase or decrease, or may even be reduced to zero. Regardless of the information the Company may provide to the Client, the Client agrees and acknowledges the possibility of these cases occurring.
The Client is aware and acknowledges that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of Financial Instruments) through the Company and the Company’s counter party, refinery for forward contracts and its products, Company’s Trading Platform and accepts that he is willing to undertake this risk upon entering into this business relationship. You agree to use the website at your own risk. Without limiting the foregoing, the financial services contained within this site are suitable only for customers who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in the acquisition of financial contracts.
The Client declares that he has read, understood and unreservedly accepted the following:
The maximum loss that may be incurred by any customer is the amount of money paid by them to the Company including rolling fees for day trade deals.
Each financial contract purchased by a customer via this site is an individual Agreement made between that customer and the Company, and is not transferable, negotiable or assignable to or with any third party.
The Company may make available to you through one or more of its services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data. (“Market Information”). Market Information provided on these web pages is not intended as investment advice. The Company does not endorse or approve the market information, and we make it available to you only as a service for your own convenience. The Client will not deep-link, redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorised by the Company to receive Market Information.
The Client acknowledges and accepts that there may be other risks which are not contained in Section 18 and that he has read and accepted all information under the titles “RISK DISCLAIMER” as this information is loaded on the Company’s webpage public and available to all Clients.
RESTRICTIONS FOR TRADING ON THE TDOPTIONS PLATFORM
The tdoptions platform give clients the ability to hedge their investments according to the ladder of percentage scale options on the tdoptions tab as it is from time to time.
The maximum trade amount on the tdoptions while using this option, and clients are restricted to a limited amount of trades while using this feature, unless the client has special approval. All turnovers accumulated while using this feature are calculated by the actual amount risked, not the entire safeguarded amount. The Company has the exclusive discretion regarding the amount of turnover, if any, that will count towards trade volume when qualifying for a withdrawal.
The Client acknowledges that no representations were made to him by or on behalf of the Company which have in any way incited or persuaded him to enter into the Agreement. In case of joint trading Accounts for two or more persons who will jointly be considered as Company’s Client in the case of gold forward contracts, the Client’s obligations under the Agreement shall be joined and several and any reference in the Agreement to the Client shall be construed, where appropriate, as reference to one or more of these persons. Any warning or other notice given to one of the persons which form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client. In case any provision of the Agreement is or becomes, at any time, illegal void or non-enforceable in any respect, in accordance with a law and/or regulation of any jurisdiction, the legality, validity or enforceability of the remaining provisions of the Agreement or the legality, validity or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected. All Transactions on behalf of the Client shall be subject to the laws which govern the establishment and operation, the arrangements, directives, circulars and customs (hereinafter called the “Laws”) of Hong Kong and any other authorities, as they are amended or modified from time to time. The Company shall be entitled to take or omit to take any measures which it considers desirable in view of compliance with the Laws in force at the time. Any such measures as may be taken and all the Laws in force shall be binding for the Client. The Client shall take all reasonably necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents) so that the Company may duly fulfill its obligations under the Agreement.
The location of detailed information regarding the execution and conditions for the investment transactions in Financial Instruments conducted by the Company and other information regarding the activity of the Company are accessible and addressed to any natural persons and legal entities at the Company’s website over the Internet. The Client agrees not to delete any copyright notices or other indications of protected intellectual property rights from materials that he/she prints or downloads from the websites. The Client will not obtain any intellectual property rights in or any right or license to use such materials or the website, other than as set out in this Agreement. Images displayed on the website are either the property of the Company or used with permission. The Client agrees not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of the Company. Nothing contained on the website shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of the Company and/or such third party that may own the trademarks. The Client will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any of the aforementioned activities. The Client shall notify the Company immediately upon becoming aware of the commission by any person of any of the aforementioned activities and shall provide the Company with reasonable assistance with any investigation it may conduct in light of the information provided by the Client in this respect. Use of the trademarks or any other content of the web site, except as provided herein, is strictly prohibited. It is important that the Client is fully aware of the following point: A Day-Trading position may be extended to the following day, as presented to you on the site. Such extension is subject to a Renewal Fee (Rolling Fee) at the rate and time as specified on the site.
The Company via its trading platforms shall collect such Renewal Fee from the free balance in the Client’s account held with the Company. In the event there are not sufficient funds in the Client’s free balance to cover such fee(s), the Client herby agrees that the Company may charge, at its sole discretion, such fee(s) from his/her credit card(s). Please note that the minimum charge from a credit card is USD 3.00.
Accordingly, any surplus balance, after paying the Renewal Fee(s) will be credited to the Client’s balance. If the Company is unable to collect such fee(s), the Company reserves the right to close part, or all, of the Client’s open positions.
The Client shall be liable for promptly paying all Renewal Fees fee(s), even if all margins previously deposited by him/her have been lost. The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in the Client’s favor, but that could also mean considerable losses if the fluctuations are to the Client’s detriment. No system exists that could assure the Client that transactions on the foreign currency market should bring you great benefits, nor is it possible to guarantee, that the Client’s transactions will yield favorable results. The amount the Client could lose in a transaction carrying limited risk will never be more appreciable than that which the Client can lose in transactions having no pre-determined limit on loss. Nevertheless, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time. It is possible that some unfavorable situations on the market could occur, in a relatively short period of time, resulting in the TOTAL LOSS of the Client’s investment. Since deposit of an additional guarantee is not obligatory in this case, the Company reserves the right to close the outstanding balances without the Client’s consent. The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to the stock market. Therefore, before starting to trade, the Client should learn the specifics of trading on stock markets in detail. The Client should conclude an Agreement for opening and/or closing transactions on the market only if he/she is absolutely sure of the size of its possible risk and consequences, and if he/she understands in detail the scope and range of his/her rights and obligations.
APPLICABLE LAW, JURISDICTION
This Agreement and all transactional relations between the Client and the Company are governed by the Laws of Hong Kong and the competent court for the settlement of any dispute which may arise between them shall be the District Court of the district in which the Company’s headquarters are located.
27.1. All substance and/or information relating to The Company, including, inter alia, the website domain, Binary options trading platform, clientele and activity are fully owned and operated by the Company, an entity duly incorporated in Hong Kong.
Whereas TD Options is a trading name of The Company registered in Hong Kong And Whereas The Company has offered an exclusive 7 Day Guarantee Campaign for new clients signing up for an account with accordance to the Company’s sole discretion (hereinafter: “Clients”) by which the Client will make a deposit of funds after account registration (hereinafter: “initial deposit”), trade for 7 consecutive trading days (hereinafter: “7 trading days”), and thereupon the 7 trading days receive a Bonus into the account (hereinafter: “Bonus”) which will cover any losses incurred to the initial deposit during the said trading period (hereinafter: “7 Day Guarantee Campaign”);
Therefore it was agreed between both parties as follows:
Last updated: 08-July-2016