This Agreement is executed by and between O.C.M ONLINE CAPITAL MARKETS PTY Ltd (the “Company”), and the Client, a physical or legal person, (the “Client”).
This Agreement is applicable to the content and information included in the Services, web pages and databases as well as any agreements and software provided by the Company and its associates/third party suppliers (the "Information Providers") to which a Client may have access through the domain or sub-domain of the Company at www.xforex.com (the “Website”).
The purpose of this Agreement is to describe the terms, conditions and risks upon which the Client accesses to the Company’s Services provided therein; access to the Company will mean that the Client have accepted the terms to this Agreement. If the Client does not agree to be bound by these terms and conditions s/he cannot use nor can s/he access our services.
THIS IS NOT A PURCHASE CONTRACT BUT AN AGREEMENT ON THE RIGHTS OF THE CLIENT. The Company remains the owner of the copy of any software in relation to the Services as well as of all copies of the software to which the Client is entitled under this Agreement.
The Client accepts and understands the Company’s official language is English and should always refer to the Company in the English language. The Client may refer to the website for all information and disclosures about the Company and its activities.
The Company must established and ascertain the Identity and Investment Profile of the Client as required by the Laws and Regulations governing its activity. Accordingly, the Client shall complete the investor’s questionnaire and provide all necessary documents (as it appears on the registration page of the Company’s website). Additionally, the Client must read understand and electronically accept (tick the relevant box) the terms and conditions of engaging with the Company. Apart from some instances where additional documents shall deem necessary to be acquired by the Client, the Client by clicking on the button "Submit" and / or ticking the relevant box during the download, installation, copy or any other usege of the Software, expresses full and unconditional consent to the provisions and terms hereof.
Handwritten signing of hard copy of the Agreement is not required so the above mentioned electronic manner of acceptance of the agreement has the same judicial power and establishes the same rights and duties and responsibilities as a regular agreement signed between both parties. In case a client wishes to have a printed agreement, duly signed and stamped by the Company, the client must send 2 duly signed copies of the Agreement to the Company, stating his postal address and a copy will be sent back to that address.
THE CLIENT AGREE THAT USING THE SERVICES PROVIDED BY THE COMPANY AND/OR ANY SOFTWARE INDICATES THAT THE CLIENT HAVE READ THIS AGREEMENT, THE CLIENT UNDERSTAND IT AND AGREE TO BE BOUND BY ITS PROVISIONS.
[1] DEFINITIONS AND INTERPRETATIONS
1.1 DEFINITIONS
(Client) Account: is the account opened by the Company and held in the name of the Client, or of the Company on behalf of the Client.
Account Statement: a regularly drawn up record of trading, debit and credit transactions carried out on the Account;
Base Currency: United States Dollar (USD), unless otherwise specified by the Company;
Authorized Person: any person authorized by the Client to give instructions to the Company;
Equity: The current real amount in the account, calculated by this formula: (Total Account Deposits) minus (Total Account Withdraws) plus (Closed Profit and Loss) plus (Open Profit and Loss) plus Bonus, converted into the Account Base Currency.
Maintenance Margin: In order to keep a new position open, you must ensure that the account Equity exceeds the total Maintenance Margin Level. Maintenance Margin Level requirements are specific to each financial instrument. [If the margin is not maintained, the position/s will be closed automatically by the system].
Available Balance: Amount available to be used as initial Margin. (Equity) minus (used Margin).
Equity – used Margin
used margin = Deal Amount (always converted into the Account Base Currency) divided by Leverage (depends on Instrument)
Pending Bonus: Displays the Bonus amount that will be transferred into the Equity, provided that you exceed the "Volume to Reach" within the set period.
Volume to Reach: Presents the Volume you need to reach within the set period in order to have the pending Bonus transferred into the Equity.
Best Execution Policy: The Company’s existing policy with respect to execution of Client orders, at the best price, which is available at the Company’s website;
Business//Working Day: any banking day according to the jurisdiction in which the Company runs its bank accounts;
Spread: is the difference between the price quoted in the website for an immediate sale (bid) and an immediate purchase (ask), as its determined by the company under it sole discretion;
Conflict of Interest Policy: shall mean the Company’s prevailing policy regarding
conflicts of interest which and is available at the Website;
Contracts for Differences or “CFDs”: any contracts for difference between prices of
spot FOREX, equity indexes, precious metals, stocks or any
other commodities available for trading, in different points
of time;
Counterparty/ies: any banks and/or brokers, through which the Company may cover its Contracts with Clients;
Client Classification: the Company’s overall, product or transaction specific classification of Clients;
Margin: The ratio between the account value and the exposure.
Net Exposure: The sum of all open positions converted into the account base currency.
Open Position: A deal of either purchase or sale that is not settled by an opposite sale or purchase of the contract (a deal that has not been closed);
Open Profit and Loss: The sum of all open positions Profit and Loss converted into the
account base currency.
Orders: The request for the transaction’s execution;
Platform: Any information, software and hardware used by the Company for the purpose of providing Services to the Client in accordance with this agreement;
Services: Shall mean the services to be provided by the Company subject to this agreement;
Trade Confirmation: Any message sent by the Company to the Client in confirmation of entering into Contract with the Client;
Transaction: Any type of operation effected in the Client’s Account that includes but is not limited to Deposit, Withdrawal, Open Trades, Closed trades, Transfer between Client’s accounts;
Client: Shall mean the individual person, legal entity or firm being a customer of the
Company;
Client’s Instructions: a request for a Client’s transaction and/or message sent by the Client to the Company.
1.2 INTERPRETATIONS
(i) Any reference to an individual person shall include bodies corporate, unincorporated associations, partnerships and individuals;
(ii) Headings and notes in the Terms and Condition of this Agreement are for reference only and shall not affect the contents and interpretation of the Terms;
(iii) Any references to any law, regulation or statute shall include reference to any statutory modification or re-enactments thereof;
(iv) Any appendices attached to this Agreement shall constitute an integral part of this Agreement.
[2] RISK ACKNOWLEDGMENT
2.1 The Client agrees to use the Website and/or the Services provided by the Company at his/her own risk.
2.2 The Client acknowledges, understands and accepts that trading and investing in Financial Commodities:
(i) is highly speculative;
(ii) may be extremely risky;
(iii) Is suitable for persons who are in a position to bear the loss of all the money they invest.
2.3 The Client further acknowledges, understands and accepts:
(i) that international currency prices are highly volatile;
(ii) that trading on foreign markets involves risks different to the risks usually involved in the markets of the country of residence of the Client;
(iii) that any information provided by the Company or any financial contract purchased or other Service offered through the Website, in no way guarantees profit or freedom from loss;
(iv) that by trading and investing through the platform the Client may incur a loss equal to the amount of money deposited by the Client to the Company including swaps for day trade deals;
(v) the great risks associated with speculative investments;
(vi) The Client accepts and declares that the Client is willing and able, financially or otherwise, to undertake these risks.
2.4 The Client acknowledges, understands and accepts that trading and investing through the platform may entail other risks than the ones contained in the paragraph.
2.5 The Client acknowledges, understands, accepts and agrees to the information that appears under the RISK DISCLAIMER title on the Website, which forms an integral part of this Agreement should the Client agrees to these terms and conditions.
[3] CLIENT CLASSIFICATION
3.1 The Company may choose to practice Client Categorisation policy, in which it’ll classify clients into different categories in relation with the clients and its trading account characteristics.
[4] COMPANY’S SERVICES
4.1 Subject to the Client fulfilling its obligations under the terms of this Agreement, the Company shall provide its Clients the opportunity to trade in the following investments and instruments:
(i) CFDs on Spot FOREX, equities, precious metals;
(ii) Future contracts, options futures, swaps forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash.
(iii) Foreign Exchange Services in connection to the above
4.2 (a) The Client acknowledges and recognises that any information provided through the Website or by the Company is provided for information purposes only to assist the Client in making decisions but, in no case such inform
This Agreement is executed by and between O.C.M ONLINE CAPITAL MARKETS PTY Ltd (the “Company”), and the Client, a physical or legal person, (the “Client”).
This Agreement is applicable to the content and information included in the Services, web pages and databases as well as any agreements and software provided by the Company and its associates/third party suppliers (the "Information Providers") to which a Client may have access through the domain or sub-domain of the Company at www.xforex.com (the “Website”).
The purpose of this Agreement is to describe the terms, conditions and risks upon which the Client accesses to the Company’s Services provided therein; access to the Company will mean that the Client have accepted the terms to this Agreement. If the Client does not agree to be bound by these terms and conditions s/he cannot use nor can s/he access our services.
THIS IS NOT A PURCHASE CONTRACT BUT AN AGREEMENT ON THE RIGHTS OF THE CLIENT. The Company remains the owner of the copy of any software in relation to the Services as well as of all copies of the software to which the Client is entitled under this Agreement.
The Client accepts and understands the Company’s official language is English and should always refer to the Company in the English language. The Client may refer to the website for all information and disclosures about the Company and its activities.
The Company must established and ascertain the Identity and Investment Profile of the Client as required by the Laws and Regulations governing its activity. Accordingly, the Client shall complete the investor’s questionnaire and provide all necessary documents (as it appears on the registration page of the Company’s website). Additionally, the Client must read understand and electronically accept (tick the relevant box) the terms and conditions of engaging with the Company. Apart from some instances where additional documents shall deem necessary to be acquired by the Client, the Client by clicking on the button "Submit" and / or ticking the relevant box during the download, installation, copy or any other usege of the Software, expresses full and unconditional consent to the provisions and terms hereof.
Handwritten signing of hard copy of the Agreement is not required so the above mentioned electronic manner of acceptance of the agreement has the same judicial power and establishes the same rights and duties and responsibilities as a regular agreement signed between both parties. In case a client wishes to have a printed agreement, duly signed and stamped by the Company, the client must send 2 duly signed copies of the Agreement to the Company, stating his postal address and a copy will be sent back to that address.
THE CLIENT AGREE THAT USING THE SERVICES PROVIDED BY THE COMPANY AND/OR ANY SOFTWARE INDICATES THAT THE CLIENT HAVE READ THIS AGREEMENT, THE CLIENT UNDERSTAND IT AND AGREE TO BE BOUND BY ITS PROVISIONS.
[1] DEFINITIONS AND INTERPRETATIONS
1.1 DEFINITIONS
(Client) Account: is the account opened by the Company and held in the name of the Client, or of the Company on behalf of the Client.
Account Statement: a regularly drawn up record of trading, debit and credit transactions carried out on the Account;
Base Currency: United States Dollar (USD), unless otherwise specified by the Company;
Authorized Person: any person authorized by the Client to give instructions to the Company;
Equity: The current real amount in the account, calculated by this formula: (Total Account Deposits) minus (Total Account Withdraws) plus (Closed Profit and Loss) plus (Open Profit and Loss) plus Bonus, converted into the Account Base Currency.
Maintenance Margin: In order to keep a new position open, you must ensure that the account Equity exceeds the total Maintenance Margin Level. Maintenance Margin Level requirements are specific to each financial instrument. [If the margin is not maintained, the position/s will be closed automatically by the system].
Available Balance: Amount available to be used as initial Margin. (Equity) minus (used Margin).
Equity – used Margin
used margin = Deal Amount (always converted into the Account Base Currency) divided by Leverage (depends on Instrument)
Pending Bonus: Displays the Bonus amount that will be transferred into the Equity, provided that you exceed the "Volume to Reach" within the set period.
Volume to Reach: Presents the Volume you need to reach within the set period in order to have the pending Bonus transferred into the Equity.
Best Execution Policy: The Company’s existing policy with respect to execution of Client orders, at the best price, which is available at the Company’s website;
Business//Working Day: any banking day according to the jurisdiction in which the Company runs its bank accounts;
Spread: is the difference between the price quoted in the website for an immediate sale (bid) and an immediate purchase (ask), as its determined by the company under it sole discretion;
Conflict of Interest Policy: shall mean the Company’s prevailing policy regarding
conflicts of interest which and is available at the Website;
Contracts for Differences or “CFDs”: any contracts for difference between prices of
spot FOREX, equity indexes, precious metals, stocks or any
other commodities available for trading, in different points
of time;
Counterparty/ies: any banks and/or brokers, through which the Company may cover its Contracts with Clients;
Client Classification: the Company’s overall, product or transaction specific classification of Clients;
Margin: The ratio between the account value and the exposure.
Net Exposure: The sum of all open positions converted into the account base currency.
Open Position: A deal of either purchase or sale that is not settled by an opposite sale or purchase of the contract (a deal that has not been closed);
Open Profit and Loss: The sum of all open positions Profit and Loss converted into the
account base currency.
Orders: The request for the transaction’s execution;
Platform: Any information, software and hardware used by the Company for the purpose of providing Services to the Client in accordance with this agreement;
Services: Shall mean the services to be provided by the Company subject to this agreement;
Trade Confirmation: Any message sent by the Company to the Client in confirmation of entering into Contract with the Client;
Transaction: Any type of operation effected in the Client’s Account that includes but is not limited to Deposit, Withdrawal, Open Trades, Closed trades, Transfer between Client’s accounts;
Client: Shall mean the individual person, legal entity or firm being a customer of the
Company;
Client’s Instructions: a request for a Client’s transaction and/or message sent by the Client to the Company.
1.2 INTERPRETATIONS
(i) Any reference to an individual person shall include bodies corporate, unincorporated associations, partnerships and individuals;
(ii) Headings and notes in the Terms and Condition of this Agreement are for reference only and shall not affect the contents and interpretation of the Terms;
(iii) Any references to any law, regulation or statute shall include reference to any statutory modification or re-enactments thereof;
(iv) Any appendices attached to this Agreement shall constitute an integral part of this Agreement.
[2] RISK ACKNOWLEDGMENT
2.1 The Client agrees to use the Website and/or the Services provided by the Company at his/her own risk.
2.2 The Client acknowledges, understands and accepts that trading and investing in Financial Commodities:
(i) is highly speculative;
(ii) may be extremely risky;
(iii) Is suitable for persons who are in a position to bear the loss of all the money they invest.
2.3 The Client further acknowledges, understands and accepts:
(i) that international currency prices are highly volatile;
(ii) that trading on foreign markets involves risks different to the risks usually involved in the markets of the country of residence of the Client;
(iii) that any information provided by the Company or any financial contract purchased or other Service offered through the Website, in no way guarantees profit or freedom from loss;
(iv) that by trading and investing through the platform the Client may incur a loss equal to the amount of money deposited by the Client to the Company including swaps for day trade deals;
(v) the great risks associated with speculative investments;
(vi) The Client accepts and declares that the Client is willing and able, financially or otherwise, to undertake these risks.
2.4 The Client acknowledges, understands and accepts that trading and investing through the platform may entail other risks than the ones contained in the paragraph.
2.5 The Client acknowledges, understands, accepts and agrees to the information that appears under the RISK DISCLAIMER title on the Website, which forms an integral part of this Agreement should the Client agrees to these terms and conditions.
[3] CLIENT CLASSIFICATION
3.1 The Company may choose to practice Client Categorisation policy, in which it’ll classify clients into different categories in relation with the clients and its trading account characteristics.
[4] COMPANY’S SERVICES
4.1 Subject to the Client fulfilling its obligations under the terms of this Agreement, the Company shall provide its Clients the opportunity to trade in the following investments and instruments:
(i) CFDs on Spot FOREX, equities, precious metals;
(ii) Future contracts, options futures, swaps forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash.
(iii) Foreign Exchange Services in connection to the above
4.2 (a) The Client acknowledges and recognises that any information provided through the Website or by the Company is provided for information purposes only to assist the Client in making decisions but, in no case such inform
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