Terms & Conditions
Agreement for the provision of investment services, activities and ancillary services to a retail client
This Agreement is entered into by and between:
Mobytrader OÜ with its registered office at K. Kärberi tn 14-25, 13812 Tallinn, Estonia (hereinafter referred to as the “Company”) on the one part and the Client who has registered for a trading account with the Company and deposited funds on the other part.
The Company will provide the Services covered by this Agreement, through its electronic system via the Mobile application (hereinafter called the “Trading Platform” or “the Application”).
The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of section 7 below.
The Client confirms that he/she has read, understood and accepted all information, conditions and terms set out on the Company’s website www.mobytrader.com (hereinafter referred to as the “Website”).The Company reserves the right to register and operate other website(s) for identifying suitable opportunities and creating consumer interest and awareness towards the Services to specific countries, which contain information and disclosures to the Clients and prospective clients in a foreign language.
The Company may provide all company documents in languages other than English for informational purposes only. Any translations provided do not bind the Company legally and the Company is not responsible for the accuracy of the information therein. The Client should also refer to the Website in English for information on the Company and its policies.
By accepting this Agreement, the Client agrees and accepts the terms and conditions contained in the Agreement, its Annexes and/or Appendices as well as other documentation/information on the Website. The Client accepts this Agreement by registering a Trading Account on the Application and depositing funds. By accepting the Agreement, the Client enters into a legal and binding agreement with the Company.
The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of a deposit made by the Client in accordance with this Agreement. As soon as the Company receives the Client’s deposit, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
Subject to the Company’s final approval and upon the Client funding his account, the Client enters into a legal and binding contract with the Company.
By accepting this current agreement, the Client confirms that they are able to receive information, including amendments to the present agreement either via email, on the Application or through the Website.
In case a Client wishes to have a printed Agreement, duly signed and stamped by the Company, the Client must download from the website at www.mobytrader.com the Agreement, complete and send two signed copies of the Agreement to the Company, indicating the Client postal address and a countersigned copy will be sent back to specified address.
WHEREAS the Client wants to make use of the Services provided by the Company, having agreed to the terms and conditions stated herein and completed the Client’s information required to activate the Trading Account.
1.1 In this Agreement, except where the context otherwise requires, the following terms shall have the following meaning:
“Agreement” means the present Agreement including any Annexes and/or Appendices attached herein as this may, from time to time, be amended or replaced.
“Appendix” means the Appendices of the Agreement as these may, from time to time be amended or replaced, which constitute an integral part of this Agreement.
“Annex” means the Annexes of the Agreement as these may, from time to time be amended or replaced, which constitute an integral part of this Agreement.
“Client” means a natural or legal person, accepted by the Company as its Client to whom Services will be provided by the Company under the Terms.
“Durable Medium” means any instrument, which enables the Client to store information addressed personally to the Client, in a way accessible for future reference and for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
“Exchange” means any Regulated Market.
“Financial Instruments” means the Financial Instruments as per paragraph 3.1 below that are available on the Company’s Trading Platform.
“Crypto currency” means a digital or virtual currency that uses cryptography for security. A cryptocurrency is difficult to counterfeit because of this security feature. A defining feature of a cryptocurrency, and arguably its most endearing allure, is its organic nature; it is not issued by any central authority, rendering it theoretically immune to government interference or manipulation. a Few examples of current crypto currencies are Bitcoin, Ether, Litecoin or Dash.
“Market” means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not.
“Operating (Trading) Time” means the period of time within a calendar week, where the trading terminal or platform of the Company provides the opportunity of trading operations. The Company reserves the right to alter this period of time as it deems fit, upon notification to the Client.
“Retail Client” means a Client who is not a “Professional Client” or an “Eligible Counterparty” under the meaning of the EU Markets in Financial Instruments Directive (hereinafter – “MiFID”) and in accordance to the Investment Services and Activities and Regulated Markets Law of 2007.
“Parties” means the two parties to the Agreement i.e. the Company and the Client.
“Password” means the password chosen, at the request of the Company, by the Client for accessing the Company’s Trading Platform.
“Prices” means the prices offered to the Client for each transaction and which are based on the market rates provided by the Company, and may be changed without prior notice. The Prices are the prices the Company are prepared to deal with the Client.
“Services” means the services provided or should be provided by the Company through the Trading Platform to the client.
“Transaction” means any type of transaction effected in the Client’s Trading account(s). “Trading Account” means unique personified register (account) of all the transactions/ operations on the trading platform of the Company.
“Trading Platform” means all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.
“Ranger Option” means an option derivative on certain currency pairings price range. More specifically, the range of price at a predefined point in time.
“Username” means the username chosen, at the request of the Company, by the user for accessing the Company’s Trading Platform.
“FATCA” means a United States federal law full name of which is The Foreign Account Tax Compliance Act.
“US Reportable Person” – for the purposes of this Agreement means, a US Reportable persons who, in accordance with FATCA provisions, are defined as follows:
1.2 Any term used in this Agreement and not otherwise interpreted, shall have the meaning attributed thereto in the Law and/or any EU Directive.
1.3 Headings of the paragraphs shall be used solely for ease of reference and shall not affect the contents and interpretation of the Agreement.
1.4 Unless the context otherwise requires, reference to persons shall also include legal persons, the singular shall include the plural and vice-versa and either gender shall include the other.
1.5 Reference to any agreement (including without limitation, this Agreement) or to any other document, shall be deemed to include references to them as these may from time to time be amended, expanded or replaced and to all agreements and documents, which are declared to be supplementary to them or are attached thereto.
2.1 Subject to the Client fulfilling the obligations under this Agreement, the Company shall facilitate the execution of relevant transactions requested by the Client and allowed by the capabilities of the Company and the Agreement.
2.2 The Company shall carry out all transactions with the Client as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided on this Agreement even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Trading Platform.
2.3 The Company agrees to provide the Client with the Services subject to the Client:
2.4 Without derogation from the above, the Company reserves the right, acting reasonably, to suspend or refuse access to and use of the Trading Platform to anyone it’s its sole and absolute discretion.
2.5 Any reports, news, opinions and any other information which may be provided by the Company to the Client, aim to facilitate the Client in making his own investment decisions and do not constitute personal investment advice. In case the Company is deemed, for any reason to provide any recommendation and/or advice, the Client hereby agrees that any transaction effected either by adopting or ignoring any such recommendation and/or advice shall be deemed to have been affected by the Client relying exclusively on his own judgment and the Company shall have no responsibility.
2.6 The Client agrees and acknowledges that he shall be exclusively responsible for any trading strategy, transaction or investment and he shall not rely on the Company for this purpose and the Company shall have no responsibility whatsoever, irrespective of any circumstances, for any such investment strategy, transaction or investment.
3.1 When registering for a trading account with the Company, the Client must provide their personal data and verify their email address. The Client is unable to proceed in his account registration unless this information is provided.
3.3.1 The Company reserves the right to request additional supporting documents during the verification of the Client’s Trading Account and on an ongoing basis during the business relationship.
3.3.2 Depending on the method of deposit, the Company reserves the right to request supporting documentation in order to verify the beneficial owner of the account from which funds have been sent.
3.4 It is understood that the Company, under applicable regulations, is not required to accept a person as a Client until all documentation required by the Company have been received, properly and fully completed by the person and all internal checks have been satisfied.
3.5 The Client agrees to:
3.6 The Company reserves the right to use the Client’s information in order to follow anti-money laundering regulation. The Client authorizes the Company to use such information to perform internal checks.
3.7 The Company may, at its discretion and depending on the deposit amount of the Client, give the client up to seven (7) days from the date of deposit, to provide supporting documents for the verification of the account. During this time, the Client will have access to the Trading Platform. If the Client does not provide the documentation within this timeframe, the Company will close the client’s account and return any remaining funds.
4.1 In accordance with our governing regulation, part of the information requested from Clients is used to assess the Client’s appropriateness to the services and financial instruments offered by the Company.
4.2 The Client’s knowledge and experience, as provided by the Client, enables the Company to make a decision on the appropriateness of the Client. If the Client is identified as not having the correct level of knowledge/experience, the Company will inform the Client accordingly.
5.1 The Company is required under MiFID to categorize any Client as eligible Counterparty, Professional Client or Retail Client so that when carrying out business with a Client, the Company can provide the level of information, services and protection that is appropriate to and consistent with a Client categorization.
5.2 On the basis of the information available to the Company, the Company categorized the Clients as Retail Client and agrees that he will be subject to the rules of professional conduct, which govern the Company’s relationship with Retail Client.
5.3 This categorization will apply to all of the Company’s MiFID-related business with the Client unless the Parties agree otherwise.
5.4 The Client has the right to request in writing to be categorized as a Professional Client (provided the relevant criteria and procedure are fulfilled), but in such case the Client will be afforded fewer regulatory protections. The Company will assess specific quantitative and qualitative criteria in accordance with the provisions of the Law and the change of categorization will depend on its absolute discretion.
5.5 The Client has the right to register only one Trading Account, if any Client has multiple Trading Accounts then the Client needs to inform the Company in relation to these Trading Accounts before carrying out any transactions. If for any reason, the Company is not informed of any multiple Trading Accounts and discovers this to be the case, the Client will be contacted in order to choose which account they wish to keep. All other accounts will be blocked and Client’s funds will be refunded back to the Client. Any losses incurred as a result of trading will not be refunded to the Client.
6.1 The Client represents and warrants to the Company that:
6.2 The Client confirms that the purpose and reason for registering and operating a MobyTrader account is to trade, on their own behalf, in Ranger Options and to take advantage of the services offered by the Company. The Client warrants that should the reason for operating a MobyTrader account change, they will inform the Company immediately.
7.1 The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his obligations under this Agreement and/or the liquidation of any Financial Instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
7.2 The Company shall not be liable for any loss, expense, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost or liability is resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of paragraph 6.1 above, the Company shall have no liability to the Client whether in Agreement, 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 the Agreement.
7.3 The Company shall not be liable for any loss of opportunity as a result of which the value of the Financial Instruments of the Client could have been increased or for any decrease in the value of the Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
7.4 The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment or any act done or which the Company has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
7.5 The 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 the Client or with or through whom transactions on behalf of the Client are carried out.
8.1 By accepting this Agreement, the Client accepts that he has read and understood all provisions of this Agreement and related information on the Website.
8.2 The Client authorizes the Company to rely and act in accordance with any order, which appears to have been placed (and has been reasonably accepted as such by the Company) by the Client in accordance with the provisions of paragraph 16.
8.3 The Client agrees that the Company may record all telephone conversations between the Client and the Company’s employees or representatives and use such recordings or transcripts from such recordings as evidence towards any dispute.
8.4 Any orders of the Client, once placed, cannot be revoked or amended.
8.5 The Client acknowledges and accepts a) the risk of mistakes or misinterpretations in the orders sent through the Trading Platform due to technical or mechanical failures of such means, b) the risk of delay or other problems as well as c) the risk that the orders may be placed by unauthorized persons and agrees to indemnify the Company in full for any loss incurred as a result of acting in accordance to such orders. The Client accepts that during the reception and transmission of his order, the 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 the Company.
9.1 By accepting this Agreement, the Client is entitled to apply for access codes, within the Company’s electronic systems and/ or Trading platform, in order to be able to give orders for the purchase or sale of the Financial Instruments by connecting to the internet through a compatible device such as a personal computer, a tablet or a smartphone. The Client acknowledges and understands that the Company reserves the right, at its absolute discretion, to terminate the Client’s access to the Company’s Trading Platform or part of them in order to ensure the effective and efficient operation of its systems and in order to protect its own interests and the interests of its Clients. In such cases, the Company may close any or all Trading Accounts.
9.2 The Client agrees and declares that:
9.3 The Client undertakes to notify the Company immediately if the Client notices or has any reason to suspect that:
9.4 The Client acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company takes reasonable steps to avoid information being intercepted and read by third parties, by utilizing techniques such as encryption, however it is not always possible to avoid someone other than the Company from gaining access to information about the Client and the Client dealings with the Company.
9.5 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.
9.6 Orders can be transmitted for execution, only within the operating (trading) time. The Client’s order shall be valid and in accordance with the type and time of the given order, as specified.
9.7 The Client acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, in which the said asset is traded (such time referred to as ‘Closing Time’ and the relevant expiring transaction referred to as an ‘Expiring Transaction’). The Company will not be obligated to take actions to roll over an open position in an Expiring Transaction.
9.8 In case of force-majeure, the Company may suspend, freeze and/or cancel the Client positions and suspend any trading activities on the Trading Platform, and/or suspend the trading of a particular asset and/or request the revision of the executed transactions.
9.9 If the Client remains inactive for a period of 90 concurrent days (‘Inactive Account’), his account will be charged with an annual maintenance fee of €10.00 or crypto equivalent of that on the unused credit balance. It should be made clear that any maintenance fees shall not exceed the total balance of such Inactive Account.
9.10 Tournaments: Clients are given the opportunity to enter into battles in which virtual funds are traded. The top traders in the tournaments are awarded with real funds into their trading accounts. The Client accepts that the Company cannot guarantee fair play amongst all participants in the tournaments and enters them at their own risk.
10.1 The Client acknowledges that the Company will have the right, at any time and for any reason and without justification, at its sole discretion, to refuse to transmit any order, including without limitation the following circumstances:
10.2 If the execution of the order aims or may aim to manipulate the market price of the Financial Instruments (market manipulation);
10.3 If the execution of the order constitutes or may constitute abusive exploitation of confidential information (insider trading);
10.4 If the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities (money laundering);
10.5 If the Client has insufficient funds to cover the purchase of Financial Instruments or if there is insufficient number of Financial Instruments to cover their sale;
10.6 If the Client fails to fulfill any of his obligations towards the Company under this Agreement;
10.7 If the Client seeks to be or became the US Reportable Person or the citizen or resident of Australia, Belgium, Israel, Sudan, Syria, Iran, North Korea or Japan.
10.8 Any such refusal by the Company shall not affect any obligation, which the Client may have towards the Company.
11.1 Client’s crypto funds which will be used for the provision of Service(s) shall be held with the Company in the name of the Client in special client denominated accounts (further – crypto wallet) with reliable crypto institutions (and/or cold wallets). These crypto funds will be segregated from the Company’s funds and cannot be used for any other purpose. Company will not be held liable for the insolvency, act or omissions of any crypto funds or other third party holding Client’s crypto funds.
11.1.1 Client’s monetary funds which will be used for the provision of Service(s) shall be held with the Company in the name of the Client in special client denominated accounts (further – Bank account) with reliable financial institutions (within or outside the Netherlands). These funds will be segregated from the Company’s funds and cannot be used for any other purpose. Company will not be held liable for the insolvency, act or omissions of any bank or other third party holding Client’s funds.
11.2 The Client’s (crypto) funds in accordance with the provisions of paragraph 10.1 may be held with the (crypto) funds of other Clients in a pooled Bank account, and although segregated from the Company’s own funds it may not be segregated from the funds held for other clients within the relevant Bank account. Consequently, in the event of default on the part of the bank or other institution, which causes a shortfall in the funds held in the pooled Bank account, the Client may share proportionately in that shortfall.
11.3 The Client authorizes the Company to make deposits and/or withdrawals from the Bank account on his behalf including, without prejudice to the generality of the above, withdrawals for settlement of all transactions undertaken by this Agreement and all amounts payable by or on behalf of the Client to the Company or to any other third party
11.4 The Company retains a right of set off and may, at its discretion, from time to time and without the Client’s authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client’s obligation to the Company and/or merge any accounts of the Client with the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to any rights other than those set out herein or to any credit facilities.
11.5 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.
11.6 The crypto funds transfer (crypto withdrawal from Trading Account upto BTC 0.002 or equivalent of that amount) is achieved automatically and transferred immediately within standard transfer time of that crypto currency after receiving from the Client a withdrawal request instruction.
The crypto funds transfer (crypto withdrawal from Trading Account above BTC 0.002 or crypto equivalent of that amount) is achieved manually within 3 (three) banking days after receiving from the Client a withdrawal request instruction.Then the transferring amount reduces the balance of the Client’s Trading Account on the day the withdrawal request is processed. The Company reserves the right to decline a withdrawal request if the request is not in accordance with this Agreement or to delay the processing of the request if not satisfied with full documentation of the Client.
11.6.1 The monetary funds transfer (withdrawal from Trading Account) is achieved within 3 (three) banking days after receiving from the Client a withdrawal request instruction. Then the transferring amount reduces the balance of the Client’s Trading Account on the day the withdrawal request is processed. The Company reserves the right to decline a withdrawal request if the request is not in accordance with this Agreement or to delay the processing of the request if not satisfied with full documentation of the Client.
11.7 The Client agrees to pay any incurred crypto transfer fees when withdrawing funds from his account to his designated bank account. In order to achieve this, the crypto withdrawal amount has to exceed the cost of that particular crypto transfer. For example in case of Bitcoin, your withdrawal should exceed BTC 0.001 in order to cover that particular Bitcoin transfer cost from your Bitcoin wallet. This may vary in time and/or per cryptocurrency. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility for the Client’s crypto funds if the Client’s given details are incorrect. It is also understood that the Company accepts no responsibility for any crypto funds transfer costs and crypto transfer time after that particular request instruction.
11.7.1 The Client agrees to pay any incurred bank transfer fees when withdrawing funds from his account to his designated bank account. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility for the Client’s funds if the Client’s given details are incorrect. It is also understood that the Company accepts no responsibility for any funds not deposited directly into the Company’s bank accounts/Trading Account(s).
11.8 The Client agrees that any (crypto) amounts sent by the Client will be deposited to the Trading Account at the value date of the payment received and net of any charges / fees charged by the bank / fees charged by the crypto currency or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client before making any amount available to the Trading Account, otherwise the Company reserves the right to refund / send back the net amount received to the remitter by the same method as received.
11.9 Withdrawals should be made using the same method and the same crypto currency 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. The Company further reserves the right to request further documentation while processing the Client’s’ withdrawal request. If the Company is not satisfied with any documentation provided by the Client, the Company may reverse the withdrawal transaction and deposit the amount back to the Client’s Trading Account.
11.10 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).
11.11 The Client acknowledges and agrees that the Company will not pay interest to the Client on (crypto) funds located on Trading Account.
11.12 It is understood by the Client that the Company may keep merchant accounts in its name with payment service providers (PSPs). The primary function will be to facilitate and settle payment transactions of its Clients and it is noted that merchant accounts are not used for safekeeping of Client money.
11.13 The Company will exercise due skill, care and diligence when selecting and appointing financial institutions such as banks or PSPs or Crypto PSP’s, especially in cases where these institutions hold Client money. The Company will periodically review, monitor and take into account the financial institution’s reputation, integrity and expertise. It should be noted that the Company cannot be held liable for any circumstances beyond its control and as such is not responsible for any losses the client may face as a result of the insolvency or failure of the financial institution where Client money is held.
11.14 For the purposes of safeguarding Client (crypto) money, according to regulation, the Company:
11.15 Will retain accurate corresponding records distinguishing the Client (crypto) money from its own as well as that of other Clients.
11.16 Will conduct on a regular basis reconciliation between its internal accounts and records and those of any third parties by whom those (crypto) funds are held.
11.17 Will keep all Client (crypto) money segregated from its own (crypto) funds
11.18 Will not use Client (crypto) money for its own business purposes
11.19 Will ensure that Client (crypto) money deposited into financial institutions and/or crypto wallets is segregated from its own money in clearly identified accounts (Clause 9.1)
11.20 The (crypto) financial institution where segregated client funds will be kept and/or guarded may be within the Netherlands or outside of it. It should be noted that the applicable legislation applied to such (crypto) financial institutions outside of the Netherlands may be different from the applicable legislation in the Netherlands. In the event of insolvency, your funds may be treated differently from any treatment applicable to funds held in segregated accounts in the Netherlands.
11.21 The (crypto) financial institution, to which we will pass your money, may hold it in an omnibus account. Hence, in the event of the insolvency or any other comparable proceedings in relation to that cold wallet, we may only have an unsecured claim against the financial institution on your behalf, and you will be exposed to the risk that the money received by us from the financial institution is insufficient to satisfy your claims. It is understood that the Company may hold Client money and the money of other clients in the same account.
12.1 The Client’s Trading Account shall be activated upon the deposit of (crypto) funds.
12.2 The Client is able to deposit (crypto) funds into his account at any time during the course of business relationship. Deposits can be made through a number of methods as specified on the Company’s Website and/or App, which may be changed at the Company’s discretion. When making a deposit, the Company shall credit the Client’s Trading account with the relevant amount.
12.3 The Company prohibits third party or anonymous payments into the Client’s trading account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion, if it has identified third party or anonymous deposits, to block the account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client.
12.4 The Company reserves the right to request documentation to confirm the source of funds deposited into the Client’s account.
12.5 The Client is prohibited from making crypto deposits higher than 0.05 BTC (50 mBTC). The Client understands that it is his sole responsibility to verify he does not do so. The Client should note that any exceeding crypto funds higher than 0.05 BTC (50 mBTC) will be returned via the same crypto payment method and any profits accumulated by the Client using these exceeding crypto funds will not be made available to the Client.
12.6 The Company will process withdrawals upon receiving a request through the Trading Platform. When requesting a withdrawal, the Client should note that the withdrawal of (crypto) funds will be sent back to the same (crypto) account via the same (crypto) method from where the initial deposit was received.
12.6 Withdrawals can only be requested to accounts in the Client’s name. No withdrawals will be processed to third party or anonymous accounts.
13.1 The Financial Instruments purchased by the Client or by the Company on behalf of the Client and shall be registered in the name of the Client and/or in the name of the Company on behalf of the Client.
14.1 The Client’s Financial Instruments shall be deposited for safekeeping with a third party/custodian in the name of the Client and/or in the name of the Company on behalf of the Client subject to the terms of this Agreement. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases, the Client may not be fully protected against any act, omission or the insolvency of the third party / custodian.
14.2 The Company shall act with diligence and care during the appointment and monitoring of the third party / custodian for the holding and safeguarding of Financial Instruments. The Company shall not be liable for any loss suffered by the Client due to any act, omission or the insolvency of the third party / custodian, unless such loss is the result of gross negligence or fraud by the Company in the appointment or monitoring of the third party / custodian.
14.3 The Client’s Financial Instruments in accordance with the provisions of paragraph 11.1 may be held with Financial Instruments of other clients in a pooled Bank account with a third party / custodian. Consequently, in the event of default on the part of the third party / custodian which causes a shortfall in the Financial Instruments held in the pooled Bank account, the Client may share proportionately in that shortfall.
14.4 Where the Financial Instruments and assets of the Client are deposited for safekeeping with a third party / custodian of the Client’s choice, the Client will enter directly into an agreement with the third party / custodian of his choice and will notify the Company in writing of the appointment and the details of the third party / custodian.
15.1 The Client shall be obliged to deposit with the Bank and/or Crypto Account any required funds so that there is sufficient clear balance for the transmission of his order for the purchase of Financial Instruments and to deliver to the third party / custodian under the Company’s control any Financial Instruments he requires from the Company to sell. In case of non-fulfillment of these obligations, the Company shall be entitled not to transmit the relevant order, in whole or in part. If the Company transmits such orders, the Client shall be obliged to immediately pay the difference between the said balance and the cost of the transaction (in case of purchase) or to deliver the Financial Instruments and/or their control to the third party / custodian (in case of sale) and to pay the Company’s fee, commissions and/or other expenses, otherwise the Client shall be instantly deemed in default without any further notice and shall be liable for any loss caused to the Company from this delay including loss of profit.
15.2 All assets, including Financial Instruments or funds which come into the control of the Company on behalf of the Client shall be subject to the Company’s right of lien. To this extent, the Company shall be entitled to refuse their delivery to the Client until all the obligations towards the Company are fulfilled. The Company shall not be liable for any losses caused to the Client or to any third party by the exercise of the right of lien or by any other lawful measures, which may be taken by it, in settlement of its claims against the Client, including any future or contingent claims.
15.3 The Client agrees that in case the Company carries out a transaction on his behalf which is not covered by the balance of his Trading account, the Company shall have the right to liquidate his assets and use the proceeds to cover part or the total difference.
15.4 The Company has the right to refuse to fulfill its obligations under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction from which such obligations arise.
16.1 The Client shall sign any document, which at the Company’s discretion, is considered fair and necessary for the provision of the Service(s) by the Company under this Agreement, including without limitation, for the transmission of the Client’s orders and the operation of the Client’s funds. Such document shall constitute an integral part of this Agreement and shall remain in force until the Company receives a written notice from the Client to revoke it.
17.1 The Client acknowledges and agrees that he shall undertake all risks deriving from any conversion of currencies and in particular, the risk of loss which may be incurred as a result of the fluctuation in the (crypto) exchange rates.
18.1 The Company may pay fee/commission to business introducers, referring agents, or other third parties based on written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters.
19.1 The Company may receive delayed, modified or erroneous reports from a third party / custodian. By accepting this Agreement, the Client declares that he understands, agrees and accepts that such notice may be amended as a result of such delayed, modified or erroneous reports from a third party / custodian, and in such cases the Company shall have no responsibility.
20.1 The Company may appoint tied agents (further – “Agent(s))”) for identifying suitable opportunities and creating consumer interest and awareness towards the Services, for the receipt and transmission of orders from the Clients and/or for the provision of advice to the Client (if the Company offers such service as separate Service) or potential client in relation to the Financial Instruments. In case of appointment of an Agent, the Company shall remain fully and unconditionally responsible for any action or omission on the part of the Agent when acting on its behalf.
21.1 By accepting this Agreement the Client accepts that the Client has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Financial Instruments and/or Service(s) which can be found in our Risk Assessment.
22.1 This Agreement shall take effect upon its acceptance by the Client by opening Trading Account and the depositing of funds. This agreement shall be valid for an indefinite time period, unless terminated in accordance with this Agreement.
22.2 This Agreement may be amended unilaterally by the Company to reflect any change in the legislation and/or decisions. In any such case, the Company shall notify the Client of the said amendment, which shall take effect immediately without the Client’s consent by publishing the new version of the Agreement and/or other related documentation/information on the Website.
22.3 In cases where the amendment of this Agreement is not required as in paragraph 22.2 above, the Company shall notify the Client of the relevant amendment. The amendments may take effect the date specified in the said notice, which date shall be at least 15 (fifteen) days after the sending date of the notice. Any order of the Client to affect a transaction(s) following the receipt of the notice, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended. In case the Client does not agree with the amendments made in Agreement and/or Website and/or related documentation/information the Client shall be entitled to terminate the Agreement in accordance with paragraph 24 below. No amendment of the terms of this Agreement shall affect any outstanding order, transaction or any other rights or obligations, which exist at the date of amendment.
23.1 Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice.
23.2 The Company shall be entitled to terminate this Agreement immediately without giving prior notice under the following circumstances:
23.3 Provided that the provisions of paragraph 14 shall continue to apply even after the termination of the Agreement, any other lawful rights or obligations that have arisen during or before the termination of the Agreement shall not be affected and the Client shall be obliged to pay to the Company, inter alia:
23.4 Any pending fee of the Company and any other amount payable to the Company;
23.5 Any expenses incurred by the Company in the provision of the Service(s) under this Agreement, or as a result of the termination of this Agreement, and
23.6 Any losses arising during the arrangement or the settlement of the outstanding obligations.
23.7 In case of termination of this Agreement for a reason indicated in clause 23.2 of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the profit of the Client.
23.8 In case of termination of this Agreement for a reason indicated in clause 23.1 of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the client the opportunity to withdraw his remaining balance. In case of termination of this Agreement for a reason indicated in clause 23.2 of this Agreement, the Company shall have to wire to the Client the remaining balance.
23.9 In case of termination of this Agreement for any reason, the Company shall have no liability towards the Client in case the obligations subject to the fulfillment the Company’s obligations.
24.1 The Client’s data are those recorded in the Client’s questionnaire and are included in the Client’s Trading Account under his personal account.
24.2 The Company could update the Client’s data by written notice to the Client in a reasonable time at its absolute discretion.
24.3 The Company will keep Client’s data for the whole duration of this Agreement and for at least 5 (five) years following termination of this Agreement.
25.1 The Parties agree to keep confidential and not to disclose to any third party any confidential information given by the other Party under this Agreement including without limitation all the communication, documentation or other information exchanged between them, both during the term of the Agreement as well as after its termination.
25.2 The Company has the right, without prior notice to the Client, to disclose personal data or details of the transactions of the Client in order to comply with the requirements of regulatory authorities. The Company may also disclose such information to its auditors/consultants provided if they are informed and committed to the confidentiality of the information communicated.
25.3 The Company will handle all Clients’ personal data according to the relevant laws and regulations for the protection of personal data as this may be amended from time to time.
26.1 Subject to any specific provision to the contrary in this Agreement, the Client may communicate with the Company by email or telephone. The communication details of the Company are the following:
26.2 Postal Address: Tartu mnt 84A, 10112, Tallinn, Estonia
Telephone: +372 660 0128
26.3 The official communication language of the Company is English. For the ease and convenience of the Client, the Company employs staff who are able to speak the Client’s native language. It should be noted that all documents and information provided by the Company shall be in English, if the Company provides such information in any languages other than English, it does so for informational purposes only. The Company will not be legally responsible or liable regarding the accuracy of the translated information. It is advised that the Client refer to the English version of such information/documentation.
27.1 The Client shall contact (per mail) the Company’s compliance officer in respect to any complaints for the Services provided by the Company under this Agreement at the communication details specified above or through the email: firstname.lastname@example.org. The complaint shall be dealt with in accordance with the procedures set forth in the Company’s policy.
27.2 The Client Moreover has the option to contact the live chat support team through the support platform in the Application.
28.1 The Company shall not be liable to the Client for any failure, hindrance or delay in performing its obligations under this agreement where such failure, hindrance or delay arises directly or indirectly from circumstances beyond its reasonable control. Such force majeure events shall include without limitation any technical difficulties such as telecommunications failures or disruptions, declared or imminent war, rebellion, civil unrest, natural disasters, statutory provisions, measures taken by authorities, strikes, lock–outs, boycotts, blockades or discontinuance or suspension of the operation of any Market.
28.2 The Company does not bear responsibility for not fulfilling (improperly fulfilling) of its obligations when prevented from doing so by uncontrollable circumstances.
29.1The Agreement shall be personal to the Client and the Client shall not be entitled to assign or transfer any of his/her rights or obligations under this Agreement.
29.2 The Company may at any time assign or transfer any of its rights or obligations under this Agreement to a third party. The Company shall notify the Client of any such assignment.
30.1 The Agreement and all transactional relations between the Client and the Company shall be governed by and construed in accordance with the laws of the Netherlands and the Parties agree that all disputes shall be finally settled in the courts of the Netherlands.
31.1 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 this Agreement.
31.2 This Agreement, together with the Appendices/Annexes and other related documentation/information on the Website shall constitute the entire agreement between the Company and the Client in accordance with the provisions of the Law and shall prevail over any oral or written communication and/or previous agreements between the Company and the Client.
31.3 In case any provision of the Agreement becomes, at any time, illegal, void or unenforceable in any respect, in accordance with any applicable law and/or regulation of any jurisdiction, the legality, validity or enforceability of the remaining provisions of the Agreement shall not be affected.
31.4 In case of negligence, tolerance or leniency on the part of any Party with respect to its rights under this Agreement shall not in any case be deemed a silent or other waiver or abandonment of rights.
31.5 Where the Client is more than one person, the Client’s obligations under this Agreement shall be joint and several and any reference in this Agreement to the Client shall be construed, where applicable, as reference to any one or more of such persons. Unless otherwise specified, any order, notice or communication given by any of the persons who constitute the Client shall be deemed to have been given by and/or on behalf of all the persons who constitute the Client.
31.6 The Client consents to unsolicited communication (cold calling) and agrees to be contacted during normal business hours for direct advertising without prior invitation by the Company.
31.7 The Client undertakes to pay all stamp expenses relating to the Agreement and any documents, which may be required for the execution of the transactions under the Agreement.
31.8 The Client solemnly declares that:
31.9 the Client has received and/or has had the opportunity to receive a copy of the Agreement prior to the date of its signing and that he/she has had the opportunity to get advice from a lawyer and/or professional advisor of his choice, and
31.10 the Client has carefully read and has fully comprehended the entire contents of this Agreement with which he absolutely and unreservedly agrees and the Client accepts that he/she shall be fully bound by its terms and conditions.
ANNEX 1* – GENERAL TERMS
1*. The Client’s Responsibility
1*.1 The Client acknowledges that these General Terms are as an integral part of this Agreement.
1*.2 It is the Client’s responsibility to verify that all transactions and Service(s) received are not contradictory to any applicable law and to undertake any other legal duty emanating from the use of Application at the Client’s sole option, discretion and risk, and the Client is solely responsible for ascertaining whether it is legal in the Client’s jurisdiction and/or place of residence. The Client holds sole liability for all transactions in his Trading Account, including all cards transactions or other means of deposit and withdrawal transactions (as stated below).
1*.3 The Client is responsible for securing his/her Username and Password for Trading Account. The Client holds sole responsibility for any damage caused due to any act or omission of the Client causing inappropriate or irregular use of the Client Trading Account.
1*.5 Without limitation of the aforesaid and only in the event of definitive judgment by court or other authorized legal institution resolving that the Company and/or its Agent(s) hold liability towards the Client or third party, the Company’s liability, in any event, will be limited to the amount of money deposited and/or transferred by the Client to the Trading Account in respect of the transaction which caused the liability of the Company and/or its Agent(s) (if such was caused).
1*.6 No Trading Account will be approved without the completion of the Company’s compliance procedures.
1*.7 The Client is responsible for securing his/her cryptocurrency address and/or wallet and/or passwords for depositing and withdrawing its Trading Account. The Client holds sole responsibility for any damage or loss of crypto currencies caused due to any act or omission of the Client causing inappropriate or irregular use of its cryptocurrencies.
2*. Risk Disclosure
2*.1 The Client acknowledges that he has read, understood and accepted the Company’s risk assessment information found on the Company’s Website.
3*. Financial Information
3*.1 The Company should not be held responsible for any losses that the Client may incur (or to third party) due to reliance on inaccurate or erroneous financial information on the Website or Application.
3*.2 The Client should verify the accuracy and reliability of the information on the Website and Application and its appropriateness in comparison with other dependable information sources. The Company will not be held responsible for any allegedly caused claim, cost, loss or damage of any kind as a result of information offered on the Website or the Application or due to information sources used by the Website and Application.
3*.3 The Client approves and accepts that any oral information given to him/her in respect of his Trading Account might be partial and unverified. The Client’s accepts sole risk and responsibility for any reliance on the aforementioned information. The Company does not give any warranty that pricing or other information supplied by it through its trading software or any other form is correct or that it reflects current market conditions.
4*. Trading Rescission
4*.1 Trading on the Application or partly on one or more instruments may be cancelled with no advanced notice. The Client will have no claim or right of indemnification for damages allegedly caused by trading cancellation, whether for concluded transactions or for transactions, the Client may indicate that he allegedly intended to be carried out.
5*. Limited Liability
5*.1 The Company does not guarantee uninterrupted service, safe and errors-free, and immunity from unauthorized access to the trading sites’ servers nor disruptions caused from damages, malfunctions or failures in hardware, software, communications and systems in the Client’s computers and in the Company’s suppliers.
5*.2 Supplying services by the Company depends, inter alia, on third parties and the Company bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to the Client and/or third party as a result of and/or in relation to any aforesaid action or omission.
5*.3 The Company will bear no responsibility for any damage of any kind allegedly caused to the Client, which involves force majeure or any such event that the Company has no control of and which has influenced the accessibility of its trading site.
5*.4 Under no circumstances will the Company or its Agent(s) hold responsibility for direct or indirect damage of any kind, even if the Company or its Agent(s) had been notified of the possibility of aforesaid damages.
6*. The Company’s Privileges
6*.1 The Client agrees that the Company may, at any time and with no prior notice to the Client terminate, cancel and/or close all or part of the Client’s transactions, pledge, transfer, or sell the balance and/or securities in the Client’s Trading Account and to perform any action which the Company, at its sole discretion, sees fit to cure the breach if any of the following occur:
6*.2 The Client confirms and accepts that the Company might impose restrictions on the Trading Account if required to by law, including without limitation, court order, tax authority, regulatory authorities and any other official authority requirement. The Client agrees that the Company might be required to return or block money existing in the Client’s Trading Account to fulfill requirements of the previously mentioned authorities. Should the aforementioned occur, the Client will have no right, claim or demand from the Company in respect of losses caused to his account as a result of any such action and undertakes to indemnify the Company for any damage caused by the Company’s aforesaid action.
6*.3 The Company cannot accept request to modify or cancel transaction received from the Client.
6*.4 The Company is responsible for approving transmission for the execution of a specific transaction and the Client will only assume that a specific transaction was executed upon receipt of an official company report/reply. Further, the Client is solely responsible to verify the status of the pending transactions prior to carrying out other transactions.
6*.5 It is the Client’s responsibility to review transaction confirmations and reports through his Trading Account or delivered by email or in any other form, instantly following their receipt. Unless the Client objects within (3) three business days, the Company shall consider the reports accurate. The Company has the right to determine the validity of any such objection should it occur.
7*. Special Offers, Benefits and Bonuses
7*.1 Bonuses and benefits shall be credited to the Trading Account subject to compliance with the terms of the offer made to the Client, e.g. making minimum deposits. These bonuses and benefits are provided either at the initiative of the Company or of the Market Maker.
7*.2 Unless stated otherwise in the Agreement and/or on the Website, a precondition for making deposit bonus/benefit withdrawals is to buy options of 35 times the amount of the bonus/benefit. In case of a non-deposit bonus/benefit, the Client must buy options of 50 times the bonus/benefit amount before requesting a bonus/benefit withdrawal. Transactions with ‘equal’ result (the strike price is equal to the Expiry price) are not counted in the calculation of the required trading volume.
7*.3 Any abuse of the bonus/benefit program could lead to cancellation of the bonus/benefit and closure of the Trading Account on the Application.
7*.4 The Company and/or the Market Maker has the right to use stimulating campaign results for advertising and merchant purposes.
7*.5 The Company has the right to stop contests and bonus programs at any time.
7*.6 The bonus amount is charged only once. Every Client has the right to take in one bonus only once according to the bonus program restrictions.
7*.7 The bonus amount charged to the Trading Account according to the conditions of the bonus program shall not bind the Company in any way.
8*.1 The graphs displayed on the Trading Platform are indicative. Thus, the Company does not guarantee that the transaction that was transmitted for execution by the Market Maker will be made at the same prices specified in the Trading Platform at the time of the Client transactions. In other words, the execution time of the server of the Market Maker counts.
8*.2 The price displayed on the Trading Platform is formed by the formula (Bid + Ask) / 2
8*.3 The company guarantees that all data from its forex data feed providers, VWD Group and Thomson Reuters are broadcasted by the Platform exactly as received from its providers without any interference by the Company.
8*.4 Quotes from the Platform are solely based on forex data from our data providers VWD Group and Thomson Reuters. Any dispute about orders and price ranges based on these data will be verified by support since they are stored per trader account. Disputed based on other data sources than VWD Group and Thomson Reuters will be ignored. The Company cannot not be held responsible for any losses that the Client may incur (or to third party) based at data feed from other providers.
10*.1 Copyrights and Intellectual Property (IP) on the Website and the Application are the Company’s property or of the Market Maker or of third parties which have authorized the Company to use such IP on the Website and Service(s). It is forbidden to copy, distribute, duplicate, present in public, or deliver the copyrighted material, in whole or in part, to third parties. It is forbidden to alter, advertise, broadcast, transfer, sell, distribute or make any commercial use of the copyrighted material, in whole or in part, except with duly signed prior permission from the Company.
10*.2 Unless explicitly stated otherwise, any material and/or message, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments (hereinafter – “Information”) delivered to the Company shall not be considered the Client’s confidential or proprietary right of. Consent to the Agreement will be considered as authorization to the Company to use the entire Client’s’ Information (excluding Clients’ Information designated for personal identification), at the absolute and sole discretion of the Company without requirement of any additional permission from the Client and/or the payment of any compensation due to such use.
10*.3 Client undertakes that any notice, message or any other material supplied by the Client shall be appropriate and shall not harm other persons including their proprietary rights. Client shall refrain from uploading or sending any illegal and/or harmful and/or disturbing to other Clients material, and is strictly forbidden from taking any action, which might damage the Company.
11*. Content and Third parties’ websites
11*.1 The Website and the Application might include general information, news, comments, quotes and other information related to financial markets and/or advertising. Some information is supplied to the Website and Application by unaffiliated companies.
11*.2 The Company does not prepare, edit or promote the information/links and/or other information provided by unaffiliated companies.
11*.3 The Company will not be liable for the content of any third-party websites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship on those websites. The hyperlinks to other websites are provided for information purposes only. Any Client and/or potential client use any such links at his/her own risk.
12*.1 If any provision in the Agreement and/or this Annex or its implementation towards any person or in any circumstance shall be invalid, illegal or unenforceable, the remainder of the Agreement and its implementation shall not be affected and will be enforceable in any manner allowed by law.
13*. Communications and delivery of notices; Advertising Material
13*.1 Reports and any notice hereunder may be sent to the Client at the address indicated by the Client, or such other address notified by the Client in writing to the Company from time to time. All communications sent to the Client shall be deemed delivered, at the time of delivery if sent by email, fax, by hand delivery or notified through the Internet Trading Platform or within 2 (two) business days if posted by courier. Communications by the Client shall be deemed delivered only when actually received by the Company.
13*.2 The Client’s details provided or will be provided by the Client during his activity on the Website and Application may be used by the Company for sending Company’s advertising content and promotional material to the Client, unless the Client selects to uncheck the relevant consent box that would allow the Company to do so. Such removal can be done when:
13*.3 opening a Trading Account; or
13*.4 when receiving advertising content;
14*.1 For avoidance of doubt and unless noted otherwise, words in singular shown in the Agreement will refer to plural and vice versa; words in masculine gender will refer to feminine gender and vice versa; words referring to a person will refer to corporation and vice versa. The headlines in the Agreement will not be used as interpretation of the terms but rather be used for convenience.
15*.1 MobyTrader is available for Bitcoin deposits globally. The exception to this is any country within the European Union. If you are in a country within the EU, you can still use MobyTrader to practice trading with virtual currency, however, you will not be able to make a Bitcoin deposit. MobyTrader reserves the right to change global restrictions at any time.
15*.2 MobyTrader is not available for credit card use in the following countries:
AML/CFT: Afghanistan, Bosnia & Herzegovina, Iran, Iraq, Laos, N. Korea, Palestinian Territories, Syria, Uganda, Vanuatu, Yemen
Regulatory: All European SEPA countries, Canada, Israel, USA
Risk Management: Anguilla, Antigua & Barbuda, Aruba, Bahamas, Belize, Benin, Bermuda, Bhutan, Cape Verde, Cayman Islands, Cook Islands, Ivory Coast, Fiji, Mauritania, Mongolia, Myanmar, Rwanda, St. Kitts & Nevis, St. Lucia, St. Vincent & the Grenadines, Samoa, Seychelles, St. Maarten, Solomon Islands, Swaziland, Togo, Tonga, Trinidad & Tobago, Turks & Caicos, Virgin Islands