TERMS AND CONDITIONS PURSUANT TO WHICH AN ACQUISITION OF FINANCIAL BETS IS GOVERNED.

Transcription

1 1/5 TERMS AND CONDITIONS IT IS THE RESPONSIBILITY OF EACH CUSTOMER TO READ AND UNDERSTAND THIS LEGAL NOTICE AND THE TERMS AND CONDITIONS PURSUANT TO WHICH AN ACQUISITION OF FINANCIAL BETS IS GOVERNED. THE TERM "THE COMPANY" SHALL DENOTE SUISSPROTRADE SA 1. LAWS REGARDING FINANCIAL BETTING CONTRACTS VARY THROUGHOUT THE WORLD, AND IT IS THE RESPONSIBILITY OF PERSONS ACCESSING THIS SITE TO ENSURE THAT THEY UNDERSTAND AND FULLY COMPLY WITH ANY LAWS OR REGULATIONS RELEVANT TO THEMSELVES IN THEIR OWN COUNTRY. THIS SITE DOES NOT CONSTITUTE, AND MAY NOT BE USED FOR THE PURPOSES OF, AN OFFER OR SOLICITATION TO ANYONE IN ANY JURISDICTION IN WHICH SUCH OFFER OR SOLICITATION IS NOT AUTHORIZED OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR SOLICITATION. ACCESS TO THIS SITE AND THE OFFERING OF FINANCIAL BETTING CONTRACTS VIA THIS SITE OR THE COMPANY S PLATFORM IN CERTAIN JURISDICTIONS MAY BE RESTRICTED AND, ACCORDINGLY, PERSONS ACCESSING THIS SITE ARE REQUIRED TO INFORM THEMSELVES ABOUT AND TO OBSERVE SUCH RESTRICTIONS. 2. THE COMPANY FULLY COMPLIES WITH ALL RELEVANT GAMING LEGISLATION IN THE JURISDICTION OF COSTA RICA. 3. THE FINANCIAL BETTING SERVICES CONTAINED WITHIN THIS SITE ARE ONLY SUITABLE FOR CUSTOMERS WHO ARE ABLE TO BEAR THE LOSS OF ALL THE MONEY THEY INVEST AND WHO UNDERSTAND AND HAVE EXPERIENCE OF THE RISKS INVOLVED IN THE ACQUISITION OF FINANCIAL BETTING CONTRACTS. 4. INTERNATIONAL CURRENCY, STOCK INDEXES OR SHARE PRICES ARE HIGHLY VOLATILE AND VERY DIFFICULT TO PREDICT. DUE TO SUCH VOLATILITY NO FINANCIAL BETTING CONTRACT PURCHASED IN OUR SYSTEM (WHETHER OR NOT THE PAYOUT EXCEEDS THE PREMIUM AMOUNT) CAN BE CONSIDERED A SAFE BET. 5. THE MAXIMUM LOSS THAT MAY BE INCURRED BY ANY CUSTOMER IS THE AMOUNT OF MONEY PAID BY HIM TO THE COMPANY. 6. THE COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO REFUSE AND/OR CANCEL SERVICES TO ANYONE FOR ANY REASONS INCLUDING, BUT NOT LIMITED TO: ANY INSTANCE WHERE THE COMPANY BELIEVES THAT PERSON'S ACTIVITIES AT THIS SITE MAY BE ILLEGAL IN THAT PERSON'S COUNTRY OR STATE. ANY INSTANCE WHERE THE COMPANY MAY BE APPROACHED OR CONTACTED BY LEGAL AUTHORITIES OR REGULATORS FROM THAT PERSON'S COUNTRY OR STATE. ANY INSTANCE WHERE THE COMPANY MAY SUFFER ANY PECUNIARY, FISCAL OR REGULATORY DISADVANTAGE BY VIRTUE OF THAT PERSON'S ACTIVITIES AT THIS SITE.

2 2/5 ANY INSTANCE WHERE TRANSACTIONS ON THIS WEBSITE ARE PERFORMED IN BREACH OF THE PRESENT TERMS AND CONDITIONS. ANY RESTRICTION TO ITS CLIENTS FROM PURCHASING ANY BETS DURING CERTAIN HOURS. 7. THE CALCULATION OF THE PRICE TO BE PAID (OR THE PAYOUT TO BE RECEIVED) FOR FINANCIAL BETTING CONTRACTS ON THIS SITE AT THE TIME THE FINANCIAL BETTING CONTRACT IS PURCHASED OR SOLD WILL BE BASED ON THE COMPANY'S BEST ESTIMATE OF MARKET PRICE MOVEMENTS AND THE EXPECTED LEVEL OF INTEREST RATES, IMPLIED VOLATILITIES AND OTHER MARKET CONDITIONS DURING THE LIFE OF THE FINANCIAL BETTING CONTRACT, AND IS BASED ON COMPLEX MATHEMATICS. THE FINANCIAL BETTING CONTRACT PRICES (OR THE PAYOUT AMOUNTS) OFFERED TO CUSTOMERS SPECULATING ON MARKET OR INDEX PRICES MAY DIFFER SUBSTANTIALLY FROM PRICES AVAILABLE IN THE PRIMARY MARKETS WHERE STOCK INDICES OR COMMODITIES OR CONTRACTS THEREUPON ARE TRADED. THE COMPANY'S DECISION AS TO THE CALCULATION OF A FINANCIAL BETTING CONTRACT PRICE WILL BE FINAL AND BINDING. 8. THE COMPANY DOES NOT PROVIDE A MARKET AMONGST OR BETWEEN CUSTOMERS FOR INVESTMENTS, SECURITIES, DERIVATIVES OR SPECULATIONS. EACH FINANCIAL BETTING CONTRACT PURCHASED BY A CUSTOMER VIA THIS SITE IS AN INDIVIDUAL AGREEMENT BETWEEN THAT CUSTOMER AND THE COMPANY AND IS NOT A SECURITY, NOR IS IT TRANSFERABLE, NEGOTIABLE OR ASSIGNABLE TO OR WITH ANY THIRD PARTY. 9. ACQUISITION OF FINANCIAL BETTING CONTRACTS THROUGH THIS SITE OR THE COMPANY S TRADING PLATFORM MUST BE EFFECTED IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRESENTED ON THE PAGES OF THIS SITE. ACQUISITION OF A FINANCIAL BETTING CONTRACT IS COMPLETED WHEN THE FINANCIAL BETTING CONTRACT HAS BEEN CONFIRMED, THE PREMIUM (OR THE PAYOUT, AS THE CASE MAY BE) HAS BEEN CALCULATED AND PAYMENT HAS BEEN VERIFIED. 10. EACH CUSTOMER AGREES TO BE FULLY AND PERSONALLY LIABLE FOR THE DUE SETTLEMENT OF EVERY TRANSACTION ENTERED INTO UNDER HIS ACCOUNT WITH THE COMPANY. THIS INCLUDES ANY TRANSACTIONS ENTERED INTO BY MEMBERS OF THE CUSTOMER'S FAMILY OR ENTOURAGE WHO HAVE GAINED ACCESS TO THE ACCOUNT. THE CUSTOMER IS RESPONSIBLE FOR ENSURING THAT HE ALONE CONTROLS ACCESS TO THE ACCOUNT, AND THAT NO MINORS ARE GRANTED ACCESS TO TRADING ON THE TRADING PLATFORM. IN ANY CASE, THE CUSTOMER REMAINS FULLY LIABLE FOR ANY AND ALL POSITIONS TRADED ON HIS ACCOUNT, AND FOR ANY CREDIT CARD TRANSACTIONS ENTERED INTO THE SITE FOR HIS ACCOUNT. EACH CUSTOMER ALSO INDEMNIFIES THE COMPANY IN RESPECT TO ALL COSTS AND LOSSES OF ANY KIND, WHATSOEVER AS MAY BE INCURRED BY THE COMPANY AS A RESULT, DIRECT OR INDIRECT, OF THE CUSTOMER'S FAILURE TO PERFORM OR SETTLE SUCH A TRANSACTION. 11. MONIES COLLECTED FROM CUSTOMERS ARE NOT INVESTED IN ANY SECURITIES, FUTURES, CURRENCIES, DERIVATIVES OR OTHER INVESTMENTS, ON BEHALF OF CUSTOMERS. 12. NO PERSON SHALL ABUSE THIS SITE FOR THE PURPOSE OF MONEY LAUNDERING. THE COMPANY EMPLOYS BEST PRACTICE ANTI MONEY LAUNDERING PROCEDURES, WHICH MAY HAVE SEVERAL EFFECTS ON CUSTOMERS. THE COMPANY RESERVES THE RIGHT TO REFUSE TO DO BUSINESS WITH, TO DISCONTINUE TO DO BUSINESS WITH, AND TO REVERSE THE TRANSACTIONS OF, CUSTOMERS WHO DO NOT ACCEPT OR ADHERE TO THESE ANTI MONEY LAUNDERING PROCESSES. THE ANTI MONEY LAUNDERING PROCESSES HAVE THE FOLLOWING EFFECTS ON CUSTOMERS:

3 3/5 IT IS THE ACCOUNT HOLDERS RESPONSIBILITY TO PROVIDE ACCURATE DETAILS WHEN APPLYING FOR AN ACCOUNT. ANY INACCURATE OR FALSE INFORMATION PROVIDED SHALL BE DEEMED AN ESSENTIAL BREACH. THE COMPANY THEREFORE RESERVES THE RIGHT TO CANCEL OR FREEZE ANY ACCOUNT WHERE THE INFORMATION IS DEEMED TO BE FALSE OR INADEQUATE. WINNINGS MAY ONLY BE PAID TO THE INITIATOR OF AN ACCOUNT. WHEN A CUSTOMER MAINTAINS AN ACCOUNT BY MEANS OF TELEGRAPHIC DEPOSITS, WINNINGS ARE ONLY PAID TO THE HOLDER OF THE ORIGINATING BANK ACCOUNT, AND IT IS THE ONUS OF THE CUSTOMER TO ENSURE THAT ACCOUNT NUMBER AND NAME ACCOMPANY ALL TRANSFERS TO THE COMPANY. WHEN A CUSTOMER MAINTAINS AN ACCOUNT BY MEANS OF CREDIT/DEBIT CARD DEPOSITS, WINNINGS ARE ONLY PAID BACK TO THE SAME CARD. ONLY ONE ACCOUNT IS ALLOWED PER PERSON. NO WINNINGS MAY BE COLLECTED ON ACCOUNTS OPENED IN FALSE NAMES OR ON MULTIPLE ACCOUNTS OPENED BY THE SAME PERSON. THE COMPANY MAY, FROM TIME TO TIME, AT ITS SOLE DISCRETION, REQUIRE A CUSTOMER TO PROVIDE PROOF OF IDENTITY (SUCH AS NOTARIZED COPY OF PASSPORT OR OTHER MEANS OF IDENTITY VERIFICATION AS THE COMPANY DEEMS REQUIRED UNDER THE CIRCUMSTANCES) AND MAY AT ITS SOLE DISCRETION SUSPEND AN ACCOUNT UNTIL SUCH PROOF HAS BEEN PROVIDED TO ITS SATISFACTION. 13. THE COMPANY RESERVES THE RIGHT TO SUSPEND THE OPERATION OF THIS SITE OR SECTIONS THEREOF WHEN, AS A RESULT OF POLITICAL, ECONOMIC, MILITARY OR MONETARY EVENTS (INCLUDING UNUSUAL MARKET VOLATILITY OR ILLIQUIDITY) OR ANY CIRCUMSTANCES OUTSIDE THE CONTROL, RESPONSIBILITY AND POWER OF THE COMPANY, THE CONTINUED OPERATION OF THIS SITE IS NOT REASONABLY PRACTICABLE WITHOUT MATERIALLY AND ADVERSELY AFFECTING AND PREJUDICING THE INTERESTS OF CUSTOMERS OR THE COMPANY, OR IF, IN THE OPINION OF THE COMPANY, A PRICE CANNOT BE CALCULATED FOR FINANCIAL BETTING CONTRACTS; OR WHEN THERE IS A BREAKDOWN IN THE MEANS OF COMMUNICATION NORMALLY EMPLOYED IN DETERMINING THE PRICE OR VALUE OF ANY OF THE FINANCIAL BETTING CONTRACTS OR WHERE THE PRICE OR VALUE OF ANY OF THE FINANCIAL BETTING CONTRACTS CANNOT BE PROMPTLY OR ACCURATELY ASCERTAINED. IN SUCH AN EVENT, THE COMPANY MAY AT ITS SOLE DISCRETION (WITH OR WITHOUT NOTICE) CLOSE OUT CUSTOMERS' OPEN FINANCIAL BETTING CONTRACTS AT PRICES IT CONSIDERS FAIR AND REASONABLE AT SUCH A TIME AND NO CLAIMS MAY BE ENTERTAINED AGAINST THE COMPANY IN CONNECTION THERETO. 14. THE COMPANY MAY IMPOSE VOLUME BETTING LIMITS ON CUSTOMER ACCOUNTS IN ITS SOLE DISCRETION. CURRENT BETTING VOLUME LIMITS UPON ACCOUNT OPENING ARE USD/GBP/EUR 50,000/DAY MAXIMUM BETTING VOLUME. THE MAXIMUM ACCOUNT SIZE (I.E. CASH BALANCE) IS USD/GBP/EUR 250,000 AND THE MAXIMUM OUTSTANDING BET PAYOUT AT A GIVEN TIME PER ACCOUNT IS USD/GBP/EUR 25,000. THESE LIMITS ARE INCREASED ONCE A CLIENT FULLY AUTHENTICATES HIMSELF; WHERE THE NEW MAXIMUM BETTING VOLUME WILL BE USD/GBP/EUR , HAVING A MAXIMUM ACCOUNT SIZE OF USD/GBP/EUR AND A MAXIMUM OUTSTANDING BET PAYOUT AT A GIVEN TIME PER ACCOUNT OF USD/GBP/EUR IF THE ACCOUNT BALANCE EXCEEDS THE MAXIMUM ACCOUNT SIZE, THEN WITHDRAWALS MUST BE MADE TO BRING THE BALANCE DOWN TO UNDER THIS LIMIT.

4 4/5 15. ANY INFORMATION GIVEN ON THESE PAGES AND/OR S OR NEWSLETTERS SENT BY THE COMPANY RELATED THERETO, IS NOT INTENDED AS FINANCIAL OR INVESTMENT ADVICE AND THE COMPANY WILL NOT ACCEPT ANY LIABILITY IN THIS RESPECT, NOR WILL THE COMPANY ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY OR COMPREHENSIVENESS OF THE INFORMATION PROVIDED ON THIS SITE. 16. THE RIGHT IS RESERVED TO AMEND OR CHANGE THE RULES AND SCOPE OF THIS SERVICE FROM TIME TO TIME WITHOUT PRIOR NOTICE. ANY CHANGE TO THE RULES MADE WHILST THE SITE IS IN OPERATION WILL NOT APPLY RETROSPECTIVELY AND WILL ONLY APPLY TO ACQUISITIONS OF FINANCIAL BETTING CONTRACTS MADE AFTER SUCH CHANGE. CUSTOMERS WILL BE INFORMED OF ANY SUCH CHANGES BY NOTIFICATION TO THE ADDRESS REGISTERED IN THEIR ACCOUNT. 17. CONTRACT PAYOUTS SHALL BE DETERMINED BY THE COMPANY BY REFERENCE TO THE DAILY HIGH/LOW/CLOSE VALUES REPORTED ON THIS WEBSITE RELEVANT TO THE UNDERLYING INDEX(ES) OF THE CONTRACT(S) OR FROM THE INTERBANK TRADING DATA RECEIVED BY THE COMPANY FOR FOREX QUOTES, SHARES OR COMMODITIES PRICES AS DISPLAYED ON THE PLATFORM, SUBJECT THAT THE COMPANY SHALL HAVE THE RIGHT TO MAKE CORRECTIONS TO SUCH DATA IN THE EVENT OF MISS PRICED OR TYPOGRAPHICALLY INCORRECT DATA. CUSTOMERS SHOULD NOTE THAT THE DIFFERENT MARKETS MAY CLOSE AT DIFFERENT TIMES DURING THE DAY DUE TO LOCAL TRADING HOURS AND TIME ZONES. IN THE CASE OF SINGLE STOCK AND STOCK INDEX PRICES, THE FINAL CLOSING PRICE AS REPORTED BY THE RELEVANT EXCHANGE SHALL APPLY FOR ALL SETTLEMENTS (THIS FINAL SETTLEMENT PRICE MAY, AT TIMES, BE REPORTED BY THE EXCHANGE MINUTES AFTER THE OFFICIAL CLOSING TIME OF THE MARKET). FOR FOREX QUOTES THE CLOSING TIMES ARE DEFINED BY THE COMPANY AS SHOWN IN THE MARKET OPENING TIMES SECTION OF THE PLATFORM. IN THE EVENT OF ANY DISPUTE REGARDING MARKET OR SETTLEMENT VALUES, THE DECISION OF THE COMPANY SHALL BE FINAL AND BINDING. CUSTOMERS SHOULD NOTE THAT CERTAIN MARKETS (SUCH AS STOCKS AND STOCK INDICES) ARE NOT OPEN THROUGHOUT THE DAY AND THAT TRADING MAY NOT BE AVAILABLE WHEN THE MARKETS ARE CLOSED. 18. THE COMPANY WILL NOT BE LIABLE IN ANY WAY TO ANY PERSONS IN THE EVENT OF FORCE MAJEURE, OR FOR THE ACT OF ANY GOVERNMENT OR LEGAL AUTHORITY OR FOR THE FAILURE OF OR DAMAGE OR DESTRUCTION TO, ITS COMPUTER SYSTEMS, DATA OR RECORDS OR ANY PART THEREOF, OR FOR DELAYS, LOSSES, ERRORS OR OMISSIONS RESULTING FROM THE FAILURE OR MISMANAGEMENT OF ANY TELECOMMUNICATIONS OR COMPUTER EQUIPMENT OR SOFTWARE. 19. IN THE CASE THAT ANY FINANCIAL BETTING CONTRACTS ARE ACQUIRED OR SOLD AT PRICES THAT DO NOT REFLECT FAIR MARKET PRICES OR THAT ARE ACQUIRED OR SOLD AT AN ABNORMALLY LOW LEVEL OF RISK DUE TO AN UNDETECTED PROGRAMMING ERROR, BUG OR GLITCH IN OUR PLATFORM SOFTWARE, THE COMPANY RESERVES THE RIGHT TO CANCEL OR REVERSE SUCH TRANSACTIONS UPON NOTIFICATION TO THE CUSTOMER OF THE NATURE OF THE COMPUTER ERROR THAT LED TO THE MISS PRICING. CUSTOMERS HAVE A DUTY TO REPORT TO THE COMPANY ANY PROBLEMS OR SUSPECTED SYSTEM INADEQUACIES THAT THEY MAY EXPERIENCE AND MAY NOT ABUSE OF SYSTEM PROBLEMS FOR PROFIT. THE COMPANY WILL ENDEAVOR TO RESOLVE ANY SUCH DIFFICULTIES IN THE SHORTEST TIME POSSIBLE. PERSONS WITH INSIDER KNOWLEDGE OF ANY FINANCIAL MARKET OR INSTRUMENT ARE PROHIBITED FROM TRADING. 20. THE TRANSACTIONS PERFORMED ON THIS SITE AND THE RELATIONSHIP BETWEEN CUSTOMERS AND THE COMPANY ARE TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COUNTRY OF INCORPORATION OF THE COMPANY (THE "JURISDICTION"), WHICH SHALL BE EITHER OF

5 5/5 THE ISLE OF MAN, MALTA, OR COSTA RICA. YOU AGREE THAT THE JURISDICTION'S COURTS WILL HAVE SOLE JURISDICTION TO SETTLE ANY DISPUTES THAT MAY ARISE IN RELATION THERETO. FOR SUCH PURPOSES, YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE COURTS OF THE JURISDICTION IN RELATION TO ANY SUCH DISPUTE AND YOU AGREE THAT ANY CLAIM YOU MIGHT HAVE AGAINST THE COMPANY SHALL ONLY BE BROUGHT BEFORE THE COURTS OF THE JURISDICTION. IN THE EVENT OF ANY DIFFERENCES BETWEEN THE ENGLISH VERSION OF THIS WEBSITE AND ANY OTHER LANGUAGE, THE ENGLISH VERSION SHALL PREVAIL. 21. YOU MAY ONLY OPEN AN ACCOUNT ON CONDITION THAT: YOU HAVE READ THIS LEGAL TERMS AND CONDITIONS PAGE IN FULL AND UNDERSTOOD THAT YOU WILL BE BUYING AND SELLING FINANCIAL BETS SUBJECT TO THESE TERMS AND CONDITIONS. YOU HAVE READ OUR PRIVACY STATEMENT AND HEREBY GIVE US CONSENT TO PROCESS YOUR PERSONAL INFORMATION AS OUTLINED THERE. YOU ARE OVER 18 YEARS OF AGE. YOU HAVE SUFFICIENT EXPERIENCE AND KNOWLEDGE IN MATTERS OF FINANCIAL BETTING TO BE CAPABLE OF EVALUATING THE MERITS AND RISKS OF ACQUIRING FINANCIAL BETTING CONTRACTS AND HAVE DONE SO WITHOUT RELYING ON ANY INFORMATION CONTAINED IN THIS SITE AND YOU CONSIDER THESE PRODUCTS TO BE SUITABLE FOR YOU. YOU UNDERSTAND THAT ACCOUNT HOLDERS MAY ONLY AMASS LOSES TOTALING THE VALUE OF FUNDS ON DEPOSIT WITH THE SITE. NO FORM OF CREDIT SHALL BE EXTENDED NOR SHALL ANY INDIVIDUAL PURCHASE BETTING CONTRACTS WITHOUT SUFFICIENT FUNDS ON DEPOSIT. DATE AND PLACE: CLIENT NAME: SIGNATURE: RESERVED SPACE PLEASE DO NOT FILL INTRODUCING BROKER ACC ID ACC NR DATE AUTH OBS