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Övgü-Yatirim Kulakları

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ABD Borsaları
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Övgü-Yatirim Kulakları

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Bestekar Saadettin Kaynak Sokak, No:3 / 1 Altunizade Mahallesi, Üsküdar, İstanbul, 34662

Sosyal Medya

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Yatırım hizmet ve faaliyetleri, Sermaye Piyasası tarafından yetkilendirilen lisanslı Övgü-Yatirim Menkul Değerler A.Ş tarafından sunulmaktadır.

Sunulan hizmetlere erişim Kognivia Yazılım A.Ş. (‘Övgü-Yatirim Finansal Teknolojiler’) tarafından sağlanan Övgü-Yatirim mobil uygulaması üzerinden sağlanmaktadır.

KVKK
Gizlilik Politikası

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Gizlilik Politikası

1. The Client has the right to deposit their trading account only using the payment systems available on the Company website.

2. The actual payment of services is deemed to be the moment when all appropriate funds are credited to the Company's account.

3. The Company holds no responsibility for the result of trading operations on the Client's account, in case there are any delays in depositing this account. The Client is solely responsible for any financial loss risks coming from possible delays in depositing funds to the Client's trading account.

4. The Company has the right to cancel the Client's deposit or withdrawal if the Client's trading account is going to be deposited by a third party or the Client is going to withdraw on the name of a third party. In this case, the deposited funds will be transferred back to the same bank details they came from. If this occurs, the Client is charged with all costs for the funds transfer.

5. In the event the trading account is credited in any currency other than the one in which the trading account is maintained, such funds are to be credited to the trading account on the basis of an internal exchange rate adopted by the Company from the Bank serving the Company at the date of deposit.

6. When processing a withdrawal request, the Company shall use its internal currency rates adopted by the Company from the Bank serving the Company at the date of withdrawal.

7. If the trading account cannot be credited automatically, the appropriate application will be fulfilled within 24 hours since the client's notice on crediting the trading account is received.

8. In case the Client deposits their trading account by means of direct transfer to the Company's bank details, they are obliged to leave a deposit notification in «Live Account».

9. The Client can remove its funds into any payment systems designated in its Live Account under the caption «Withdrawals».

10. When withdrawing funds from the trading account, the Client is charged with all costs for the funds transfer.

11. The funds can be withdrawn only into such a payment system that was used for crediting the trading account and regarding to the sufficient trade volume. The quantum of a sufficient trade volume is established by the Company at its own discretion.

12. The Client bears full responsibility for the adequacy of all the information set out in its application for the removal of funds.

13. The Company has the right to refuse the Client's request for withdrawal, if the Client uses the same payment system for withdrawal and depositing, but with different bank details.

14. The removal of funds from the Client's account is accomplished within 2 business days from the time a relevant application for the removal of such funds has been confirmed in the Live Account.

15. The Company reserves the right to deduct from the account an amount paid to the Client in compensation, if the account does not embrace a sufficient trade volume or the account is used for the purpose of converting funds from one payment system into another. The quantum of a sufficient trade volume is established by the Company at its own discretion.

16. The funds credited through Credit Card can be removed only upon completion of a legality check by the operator, not any earlier than within 30 days after the crediting of such funds.

17. Funds deposited by means of Credit Cards (Bank Cards), as well as profit earned during trading, can be withdrawn only after they are checked for legality and no sooner than 15 days after the last deposit. With UnionPay withdrawal is available immediately after the documents verification process is completed.

18. In case the payment system stops operating for some time, the Company has the right to postpone the date of withdrawal until the payment system resumes working.

19. The Company has the right to charge the Client with an additional commission if the Client uses different payment systems to deposit and withdraw funds. The amount of the commission charged to the Client is calculated based on costs paid by the Company when fulfilling the Client's withdrawal request.

20. In order to remove the funds through exchange mechanisms (with the employment of cash at an exchange office), it is necessary to fill in an application indicating adequate data about the recipient of such funds: full name, surname, passport details.

21. The Company undertakes to take any and all expedient actions to preclude any illegal financial operations and money laundering with the employment of the Company's resources.

Kullanım Şartları

1.1 This Client Agreement (hereinafter referred to as the Agreement) uses the following definitions and terms:

“Affiliate” – means any legal entity directly or indirectly controlled by the Company or controlling the Company, as well as any legal entity directly or indirectly under common control with the Company. "Control" here refers to the ownership of a controlling interest in the Company or entities mentioned above.

"Quote Database" – information about the flow of quotes stored on the server.

"Base currency" – the first currency specified in the Currency Pair, at the exchange rate of which the Client buys or sells the quoted Currency.

"Balance” – the final financial result of all Completed money transfer operations and transactions carried out on the Trading Account.

"Trading Account Currency" – the currency chosen by the client at the time of opening the Trading Account.

"Quote Currency" – is the second currency in the Currency Pair that is bought or sold by the Client to obtain the Base Currency.

"Currency pair" – the object of a Trading operation, the basis of which is the change in the value of one currency in relation to another currency.

"Website” — the Company's website, as well as any other website that the Company recognizes as official and that it may periodically maintain for Customer access.

"Access Data" – means the Client's authorization code and access codes, password and Trading Account number, and any information necessary for issuing Orders to the Company.

"Customer Data" – means any documentation or information received by the Company from the Customer itself or otherwise regarding the Customer, his Account, the provision or use of Services by him.

“Data Submission date" – each data submission date agreed upon by the parties.

"Long position" – is the purchase of an Instrument in the expectation of an increase in the exchange rate or the purchase of the Base Currency for the Quote Currency (the latter is applied to currency pairs).

"Precious metal" or "Spot Metal" – cash silver, cash gold.

"Request” or” Request for quotation" – the Client's instruction to the Company to receive a quotation. It is not an obligation to make a deal.

"Indicative Quote" – means a Quote for which the Company has the right not to execute any Orders or accept any instructions.

"Instrument" – means any financial instruments offered by the Company: currency pair, contract for difference, spot metals and others.

“The Company”- Nak Timvar

"Credit leverage” or “Ratio between borrowed and own funds” – ratio 1:25, 1:50, 1:100, 1:200, 1:500, 1:1000 in relation to the Trading Volume and Initial Margin (other ratios can also be published on the Website). The ratio of 1:100 in relation to the opening of a position means that the size of the Initial Margin is one hundred times less than the volume of the Trading Operation.

“Customer" means any legal or natural person completing the registration Form the Client (except for individuals under eighteen years of age; persons without citizenship).

“Short position” – a transaction of sale of currencies that are profitable in the fall in market prices or selling rate of the basic currency relative to the counter currency (the latter in terms of Currency pairs).

"Quote” – information about the current price of a particular financial instrument in the form of the Ask Price and the Bid Price.

"Course” – means the following: 1) In the case of a Precious Metal: the price per troy ounce of the Precious Metal expressed in the currency specified for the instrument in the Contract Specification (for example, in US dollars); or 2) For a Currency Pair: the unit value of the Base Currency, expressed in the Quote Currency.

"Client terminal log file" – a file that is created by the client terminal, which records all requests and orders sent by the Client to the Company to the nearest second.

"Server log file" – a file that is created by the server, which records all requests and orders received from the Company's Client, as well as the results of their processing, to the nearest second.

"Lot" – the value of the volume of Securities, Base Currency, troy ounces of Precious Metal on the Trading Platform.

"Locked Positions" – Short and Long Positions of the same volume opened by the Company on the same Instrument on the same Trading Account, including, but not limited to, any trading and / or non-trading operations.

"Margin” or” Collateral" – the necessary guarantee funds to maintain Open Positions, which are specified in the Contract Specification for each Instrument.

"Margin trading" – term deals on the exchange market in which The Client can perform Trading Operations with significantly less funds on the Trading Account than necessary, based on the Volume of the Trading Operation.

"Illegal income" – means income received as a result of violation of any provisions of Regulatory Documents, incorrect quotation or occurrence of a case of default.

"Required Margin" – is the monetary security required by the Company to maintain open positions. For each Instrument, it is listed on the Website in the Contract Specification.

"Normal market conditions" – a market that does not occur rapid price movements, significant gaps in the Flow of quotes on the Trading Platform, large price gaps.

"Trading volume" – is the product of the lot size and the number of lots.

"Agreed procedure" – means any procedure agreed between the parties that is relevant to the dispute, except for the dispute settlement procedure, in which the parties have the right to make changes.

"Order" – an order from the client of the company to close or open a position when the price reaches the order level.

"Opened Position" – is a Short or Long Position that is not a full completed transaction.

"Erroneous quotes" – quotes that were received by the Client Terminal as a result of some system technical error.

"Initial Margin” – the margin that the Company requires to open a position.

"Floating profit”," Floating loss " – current profit or current loss on Open Positions, calculated at current Quotes.

"Liquidity provider" – means a bank or electronic system for the execution of transactions for the purchase and sale of exchange-traded goods (ECN) that provides streaming prices to the Company. It can be used by the Company to hedge client transactions.

"Quote flow" – the process of receiving Quotes for each instrument in the Trading Platform.

"Lot size" – means the number of Securities, units of Base Currency, Base Assets or troy ounces of Precious Metal in one Lot specified in the Contract Specification.

"Market conditions other than normal” – conditions that differ from normal market conditions. For example, the price gaps observed in the market, low liquidity, rapid price changes.

"Free Margin" – means Funds in the Trading Account that can be used to open a position. Calculated by the formula: Funds – the required margin.

"Server" – means a software product that processes client requests and orders; provides the Client with information about trading on financial markets in real time and to the extent determined by the Company; records common obligations between the client and the company in accordance with the terms of regulatory documents.

"Contract Specification" – the main trading conditions applicable to each instrument displayed on the Company's Website: Lot Size, Spread, Initial Margin, Hedged Margin, etc.

"Spread" – the difference between the Ask Price and the Bid Price.

"Funds" – the current state of the Client's account. It is determined by the formula: Balance + Floating profit – Floating loss.

"Third-party service provider" – a legal entity agreed by the Parties that will perform all or part of the operations for the corresponding position for both parties.

"Trading Account" – is a unique personalized system for registering all full completed transactions, Orders, Open positions, deposit or withdrawal transactions in the Trading Platform.

"Trading Platform" – all technical means and programs that allows to perform Trading Operations; allows to receive Quotes in real time; allows to place/ change / delete / execute Orders and calculate all mutual obligations existing between the Client and the Company. It consists of a Server and a Client Terminal.

"Trading Operation" – means any deal that is carried out or made by or on behalf of the Client in accordance with the Agreement and the Rules of Operations.

"Margin level" – the percentage ratio between the Required Margin and Funds. Calculated using the formula: (Funds / Required margin) × 100%.

"Order level” – the price specified in the Order.

"Services” – means the Company's services provided to the Client specified in Paragraph 4 of the Agreement.

"Client registration form" – an application form that the Client must fill out to register it in the service "Personal Account". The form is available on the Company's website.

"Force majeure" – has the meaning specified in Paragraph 16 of the Agreement.

"Hedged Margin" – the margin required by the Company, sufficient to open and maintain Positions with the opposite direction. For more information, see the Contract Specification.

"Demand Price” or” Ask" – the price at which the Client can buy the currency, that is, a higher Quote price.

"Offer Price” or” Bid" – the price at which the Client can sell the currency, that is, the lower price of the Quote.

"Price gap" means: 1) The current Ask Price is lower than the Bid Price at the previous Quote; or 2) The current Bid Price is higher than the Ask Price at the previous Quote.

"Stop Loss" – a trading order that involves closing a position opened earlier at a price less favorable to the Client than the current price at the time of placing the order.

"Stop Out" – an order to force closing of a position generated by the Server in case of lack of funds to maintain an Open Position (closing is performed without the Client's consent and prior notification).

"Take Profit" – a Trading order that involves closing a position opened earlier at a price that is more favorable for the Client than the current price at the time of placing the Order.

General provisions

2.1 This Client Agreement (hereinafter referred to as the Agreement) is concluded between the Client and the Company.

2.2 The Company Nak Timvar.

2.3 The definitions and Terms used in the Agreement are specified in Paragraph 1 (hereinafter referred to as “Terms and Definitions").

2.4 The Agreement, together with the Regulations, transactions, Regulations on trading operations, Regulations of the service “PAMM-account”, a Statement on the risk disclosure, and any other documents referred to on the website in the section “Treaties and regulations”, which may be periodically additions or changes (collectively, the “Regulatory documents”) constitute the entire agreement between Client and the Company.

2.5 The regulatory documents will regulate the procedure for performing all the Client's operations in the Company (trading and non-trading) and should be carefully studied by them, as they contain important information that the Company is obliged to provide to the Client in accordance with the applicable provisions of the law.

2.6 In The Regulatory Documents set out the conditions (subject to periodic changes and additions) under which the Company is entitled to carry out deals with the Client in respect of Instruments.

2.7 The Company acts as a direct participant in the Contract and not as an agent of the Client in relation to each Trading Operation of the Client. Therefore, the Company will consider the Client as a Client in all respects, and the Client will be directly and fully responsible for the fulfillment of obligations under any Trading Operation carried out by him (in the absence of other agreements).

2.8 If the Client acts on behalf of or in relation to another person, regardless of whether the Client reveals the identity of the above person to the Company or not, the Company will not consider the above person an indirect client and will not bear any obligations to the above person (unless otherwise agreed).

Entry into force

3.1 This Agreement is considered to be the initial agreement for the provision of services related to individual operations or a series of consecutive operations, including Trading Operations with Instruments.

3.2 The terms and conditions of the Regulatory Documents are recognized as unconditionally accepted by the Client on the date when the Client receives a notification from the Company in accordance with Paragraph 4.1 and are valid until they are terminated at the initiative of either Party.

3.3 The Agreement is concluded electronically and enters into force remotely. The Client does not have the right to cancel the Agreement only on the ground that it is concluded remotely in electronic form.

Services

4.1 The Company provides the Client with the following Services: a) investment services: receiving and transmitting orders or executing Client's Orders for financial instruments at its own expense; b) foreign exchange services related to the provision of Investment Services in accordance with Paragraph 4.1 (a) of the Agreement; c) responsible storage and control of financial instruments at the Client's expense (if applicable), including storage and related services, such as cash management services described in Paragraph 6 of the Agreement; d) providing the Client with access to any relevant information about the analysis of their investments; e) deposit insurance services: the client's account must be insured against the full or partial amount of losses (if the request for withdrawal of funds revealed a transaction on the client's account, causes risks for other users when using margin leverage, if the company notified about the provision of insurance regulations by mail to the client), according to the regulatory mechanism of the licensing authority the company; f) services for converting funds when they are withdrawn at the Client's expense; g) services for the legalization of the profit received by the Client in the form of providing the Client with assistance in opening an account in a foreign bank, registering an offshore company for the legalization of income.

4.2 The Company provides Services to the Client subject to the fulfillment of the Client's obligations arising in accordance with the Regulatory Documents and taking into account any other rights of the Company provided for in the provisions of the Regulatory Documents. If the Client fulfills all obligations under the Agreement and Regulatory Documents, the Company will provide the Client with the opportunity to perform operations provided for in these documents using the Tools of the Website and the capabilities of the Personal Account.

4.3 The Company carries out all Trading Operations with the Client on the principle of "execution only” and has the right to execute them, despite the fact that any Trading Operation may be unprofitable for the Client.

4.4 The Company has the right to provide the Client, and the Client has the right to request the Company to provide investment advice and personal recommendations in relation to any Trading Operations or opinions that can motivate the Client to perform any Trading Operation.

4.5 The Company may, at its sole discretion, periodically provide information and recommendations in newsletters that it may publish on its Website, provide to subscribers through its Website or otherwise. Any recommendations or analytical reports can be published by the Company on one or more interfaces of information services. In this case: 1) the above information is not an investment recommendation or promotion of a financial product that is not requested by the Client and is provided exclusively to allow the Client to make their own investment decisions; 2) The Company does not provide the Client with any representations or guarantees regarding the completeness and accuracy of the above information or the tax consequences of any Trading Operation; 3) The Company does not guarantee that the Client will receive the above information at the same time as other Clients, as it does not make any statements regarding the period of receipt of information by the Client. 4) market comments, news or other information provided by the Company may be changed or deleted at any time without any notice. 5) if the document contains any restriction on the person (category of persons) for whom this document is not intended, the Client undertakes not to transfer it to any of the above-mentioned person or category of persons; 6) the information does not necessarily take into account the relevant legal or regulatory provisions of the country of which the Client is a resident, which means that it is the Client's responsibility to independently comply with the above provisions.

4.6 The Company has no obligation to monitor or notify the Client of the status of any Trading Operation; to close any Open Positions of the Client; to submit margin requirements (unless otherwise specified in Regulatory Documents).

4.7 The Company does not provide physical delivery of the Underlying Asset of any Instrument in relation to any Trading Operation. Gains or losses from foreign exchange differences will be reflected in the Trading Account immediately after the Trading Operation is closed.

4.8 The Company has the right to request, and the Client is obliged to provide information about his knowledge and experience in the field of investment in such a way that the Company can assess whether a particular service or product under consideration is suitable for the Client. If the Client does not provide the above information to the Company or if its volume is insufficient, the Company will not be able to determine whether a particular service or product in question is suitable for the Customer. The company will assume that the information supplied by the Client about his knowledge and experience is accurate and will not bear any responsibility to the Customer in the event that the above information is incomplete or misleading or, in the case of change it, or if it is inaccurate, except where the Client notifies the Company about the above changes.

4.9 The Company has the right, at its sole discretion and at any time, to refuse to provide Services to the Client, and the Client agrees that the Company is not obliged to inform him of the reasons for its refusal. The Company also reserves the right to stop, postpone, change the terms of its services in the event of Market Conditions that are differ from normal.

4.10 The Company reserves the right to stop, cancel or close any Trading Operation that has arisen as a result of any incorrect configuration or technical error, as well as if the Company suspects any fraudulent activity on the Client's account (s): arbitrage sales deals, manipulative actions or other forms of misleading activities, fraudulent activities that are otherwise related to or related to any or all Trading Operations. In this case, the Company: will be entitled to deduct any income that it considers to be improperly received, and to charge the associated costs; will not be responsible for the cancellation of any Trading Operation or Income; will not be responsible for any damage or loss that may arise as a result of the suspension, closure, or cancellation of the Trading Operation.

4.11 All Requests from the Client are considered in terms of their size. If the requested amount is greater than the Company can execute at a certain time in accordance with current market conditions, the Order may be partially executed or may be rejected fully at the sole discretion of the Company.

4.12 The Client undertakes to provide at the request of the Company all the necessary information and documents about himself as a Client: name, date and place of birth, address, jurisdiction of residence / registration, bank account number of the Client. The Client agrees to transfer his / her personal data to the Company registered as data controller according to the Law, required by the Company: for identification purposes; for administrative and business purposes to fulfill its legal and contractual obligations in accordance with this and other agreements of the parties; with the right to transfer the above personal data to lawyers, auditors, financial consultants and other service providers and contractors with whom the Company enters into contracts.

4.13 The Client understands, accepts and further hereby confirms that the trading and non-trading history stored in the Client's Personal Account will be available for viewing and downloading at any time.

4.14 If the client has become the subject of financial monitoring (blocking the wallet over the network), funds in the client’s account go through the process of withdrawal through respondent banks serving cryptographic smart contracts, converting client funds into the client’s national currency after providing the data of the recipient’s bank to the company.

Activation of Personal Cabinet and Trading Account

5.1 The Company activates the Client's Personal Account after: a) it will receive a completed Client Registration Form from the Client; b) it will carry out appropriate checks of identification documents in accordance with the Company's requirements; c) it will approve the methods of depositing and / or withdrawing funds by the Client; d) The Client will accept the terms of the Regulatory Documents. The Company will notify the Client about the activation by notifying the Client about it.

5.2 In order for the Client to start using his Trading Account, the Company has the right to demand the Client to make a minimum deposit.

5.3 After activating his Personal Cabinet and Trading Account, the Client will be able to see the amount due to him as the account balance in the Personal Account at any time and will be entitled to withdraw it (upon request).

5.4 The Company has the right at its sole discretion to refuse to register the Client Personal Cabinet based on the completed documentation received from the Client and filled in by the Client properly and fully.

Commissions and other costs

6.1 The Client is obliged to pay the Company commissions and bear other costs specified on the Company's Website in the "Trading Conditions" section on the "Contract Specification" page.

6.2 The Company undertakes to display all applicable commissions and other costs on its Website. The Company has the right to make changes to commissions and other costs without the need to provide the Client with prior written notice. All changes in commissions and other costs published on the Company's Website will be considered a proper notification of these changes.

6.3 The Company has the right to send notifications to the Client in case the Company pays any commissions / fees to any third party who has represented the Client to the Company or who acts on his behalf. The Client agrees to receive the above notifications from the Company.

6.4 The Client undertakes to pay all stamp duties associated with the Agreement and with Regulatory Documents that may be necessary for the implementation of Trading Operations.

6.5 The Client is personally responsible for all submitted financial statements and tax returns for any Trading Operations that must be submitted to any relevant government or other authority, as well as payment of all taxes arising in connection with any Trading operation, including, without limitation, the transfer of securities or property tax or VAT.

6.6 All Client funds are stored in the Company's accounts, including segregated accounts opened in the Company's name for storing Client funds separately from the Company's funds.

6.7 The Company does not charge a commission for opening an account and maintaining the account.

6.8 The company does not charge a commission for depositing and withdrawing funds; the commission can be charged by the payment systems used by the client.

Conflict of interests and material interest

7.1 In cases where the Company carries out transactions with or on behalf of the Client, the Company, a related person or any other person affiliated with the Company may have an interest or agreement that is significant in relation to the Trading Operation in question or that may be contrary to the interests of the Client. For example, in cases where the Company makes any deals with or on behalf of the Client, the Company may: a) to make deals with the relevant Instrument as a principal at its own expense through the purchase / sale of the Instrument from the Client / Client; b) to make deals with the Instrument (including holding a Long or Short Position) that the Company offers to the Client; c) to coordinate the Client's Trading Operations with him or with another client, acting on behalf of the above-mentioned other client, as well as on behalf of the Client himself; d) to provide advice and other services to any related parties or other clients of the Company who may have an interest in the Underlying Assets or Investments, provided that such interest may conflict with the interests of the Client.

7.2 The Client authorizes the Company and agrees to grant the authority to make deals with or on behalf of the Client in any manner that the Company consider appropriate, despite any conflict of interest or the existence of any material interest of the parties in the Trading Operation without necessity prior notification of the Client about this.

7.3 The Company's employees are obliged to comply with the independence policy and not to take into account any of the above-mentioned conflicts of interest or material interests when providing advice to the Client.

Exchange of information

8.1 The rules for the exchange of information between the Client and the Company are set out in the Rules of Trading Operations posted in the section "Treaties and regulations" of the Company's Website.

8.2 The Client undertakes to submit Requests and Orders only through the Client Terminal in accordance with the above-mentioned trading operations Regulations.

Limitation of responsibility and compensation of damages

9.1 If the Company provides any information, advice or recommendations, it will not be responsible for their use. The Client confirms that the Company will not be responsible for any losses, expenses, or damage suffered by the Client as a result of any inaccuracy or mistake in any information provided to the Client, including information related to any Trading Operations, other than malicious acts, fraud or any carelessness from the side of the Company. Taking into account the Company's rights to close or cancel any Trading Operation in certain circumstances specified in the Regulatory Documents, this Trading Operation, after the above mistake or inaccuracy, nevertheless remains valid and imposes obligations in all respects on both the Client and the Company.

9.2 The Company will not be responsible for any losses or expenses suffered by the Client and directly or indirectly arising in connection with: a) Trading operations carried out through the Client Terminal; b) any breakdown in the operation of the Trading Platform, or with any error in the operation of the Trading Platform, or with any delay caused by the Client Terminal; c) any violation of the Company's obligations specified in the Regulatory Documents that occurred for reasons beyond the Company's control; d) the actions, omissions or negligence of any third party.

9.3 At the request of the Company, the Client agrees to pay the Company compensation in the amount of all costs and expenses of any kind (including costs, obligations, claim requirements) that the Company take or incurs as a result (direct or indirect) any violation by the Client of any obligations in accordance with the Regulatory documents.

9.4 Under no circumstances the Company will not be responsible to the Client for any direct or indirect losses, lost income or profits (including in relation to consecutive market movements), for costs, expenses or damages that the Client may suffer in accordance with the Regulatory Documents, unless otherwise specified in the Regulations of Trading Operations.

Modification and termination of the Agreement

10.1 The Customer confirms the Company's right, at any time and in its sole discretion to unilaterally amend the terms and conditions of the Regulatory documents, giving the Client an email notification or posting information about the above changes on its Web site.

10.2 Both Parties to the Agreement have the right to terminate this Agreement by giving each other written notice of this.

10.3 Upon termination of this Agreement, the Company will have the right to stop providing the Client with access to the Trading Platform without prior notice to the Client.

10.4 Upon termination of this Agreement, all amounts that the Client is required to pay to the Company will be immediately payable, including (but not limited to): a) all payable amounts, fees and commissions ; b) any operating expenses which the Company suffered in connection with the termination of this Agreement and expenses incurred by the Company in transferring the Client's investment to another investment company; c) any losses and expenses realized in the settlement or performance of any expired obligations taken by the Company on behalf of the Client, as well as in the closing of any Trading Operations of the Client.

10.5 The Company, in accordance with the terms of the current Agreements, has the right, at its sole discretion, to deactivate the Client's account without prior notice, if the Client places a number of false requests that deviate from the standard, which create an excessive load on the Company's servers and may lead to a negative trading experience of other clients using these servers. False requests may include, but are not limited to, incorrect processing of Trading Operations or the system log, invalid steps or changes, a large number or an excessive volume of requests or orders with insufficient funds in the Client's account.

Use of the Trading Platform and security

11.1 When using the Trading Platform, the Client does not have the right to allow the implementation of anything as a result of actions or omissions that will violate or may violate the security of the platform or may lead to its incorrect work. The Client does not have the right to proceed with any actions that could potentially lead to unauthorized access or inappropriate use of the Trading Platform. The Client confirms that the Company has the right, at its sole discretion, to terminate or restrict his right of access to the Trading Platform, if the Client suspects that he has allowed such use of it or has begun to carry out the above actions.

11.2 The Client has the right to store, modify, analyze, format, display and print information provided on the Company's Trading Platform. The client does not have the right to publish, reproduce or otherwise transmit whole or part information provided on the Company's Trading Platform in any format to any third party without the consent of the Company. The Client does not have the right to change, delete or hide any references to trademarks and copyrights or any other references to rights presented on the Company's Trading Platform.

11.3 The Client has to keep in secret and not disclose any Data of access to the Company's Trading Platform to any person. The Client undertakes to immediately notify the Company if he suspects or becomes aware that his Access Data has been or could have been disclosed to any unauthorized person.

11.4 The Client confirms that the Company will not be responsible if any unauthorized persons gain access to information, including personal data, email addresses and correspondence, when this information is transmitted through the Internet or other network communication means, as well as by mail, telephone or other electronic means.

11.5 The Client confirms that he is responsible for all orders or instructions transmitted and provided on the basis of his Access Data, and that any above-mentioned orders or instructions received by the Company will be considered as received by it from the Client.

11.6 The Client undertakes to assist the Company in any investigative activities carried out by the Company in connection with the improper use of his Access Data, actual or estimated.

11.7 If the Company suspects the commission of fraud, manipulation, swap arbitrage or other form of misleading activity on the Client's account (s) with the Company or unauthorized activities otherwise related to any Trade, it shall have the right to close all open Trading account positions and may add or deduct a penalty equivalent to the revenue from exchange and (or) incomes for all Trading operations in real time and (or) previously made on account, and shall be entitled to cancel any profits generated in the result of the above, and (or) to reject any future requests from the Client to release from any of the swaps, and (or) terminate all agreements with the Client.

Personal data and phone call recording

12.1 The Company has the right to store, process and use the personal data provided by the Client in connection with the provision of Services.

12.2 If the Client is an individual, the Company is obliged to provide a copy of the document with the Client's personal data (if available) at the request of the Client and subject to payment for this service.

12.3 By accepting the terms of the Agreement, the Client agrees to the Company to transfer its data to any third parties for the effective provision of Services or for the effective performance of any operational function performed by the Company in favor of the Client (for example, a refund of the Customer's funds).

12.4 By accepting the terms of the Agreement, the Client agrees to the Company that any Telephone conversations between him and the Company can be recorded and that these recordings will remain the exclusive property of the Company and will be accepted by the Client as final proof of Orders / Requests or telephone conversations. The Client confirms that the Company has the right to provide copies of the transcripts of the above records to any regulatory or governmental authority, as well as to any court.

Consent to direct contact

13.1 The Client confirms that the Company has the right to contact the Client directly from time to time by telephone or other means of communication for the purpose of marketing its financial services and products.

Confidentiality and refusal

14.1 The information about the Client held by the Company is confidential, so it cannot be used for any other purpose, except for the purpose of providing Services by the Company to the Client. Information of a confidential nature requires appropriate use if it is not legally owned by the Company and was not subject to a confidentiality or non-disclosure obligation at the time it was received by the Company, and also provided that it is not publicly available. Confidential Information may be disclosed by the Company to any person only in the following cases: a) in accordance with the requirements of the Law or at the request of the courts, law enforcement, regulatory and similar bodies in the jurisdiction of which the Company is located; b) for the purpose of preventing or investigating fraud or other illegal activities; c) when the above information is necessary for purposes related to the provision of Services or for the administration of the Client's Trading Account, including for the purpose of requesting or evaluating the loan amount or for identification purposes; d) when the above information is necessary for any third party in connection with the provision of Services to the Client and (or) when it is necessary for the Company's employees in order to perform their official duties in accordance with Regulatory Documents; e) when the above information is requested by the Client or other persons with the consent of the Client; f) when the above information is necessary in any legal proceedings between the Client and the Company; g) when the above information is necessary in the context of any public dispute between the Client and the Company. h) when the above information is necessary for lawyers, consultants, auditors of the Company, provided that in each case the relevant specialist will be notified of the confidential nature of the above information about the Client and has accepted the above obligations for non-disclosure of the Client's confidential information.

Violation of obligations

15.1 "Cases of Default" include the following events: a) the Client's failure to fulfill any obligation to the Company specified in the Regulatory Documents; b) the Client's failure to submit any amount payable in accordance with Regulatory Documents, for example, the Initial and / or Hedged Margin; c) the initiation by any third party litigation concerning the bankruptcy of the Customer if he is an individual; the initiation of any third party litigation regarding the liquidation of the Customer or for the appointment of a bankruptcy Trustee or administrator in respect of the Customer and (or) any of its assets in, if the Client is a legal entity; or in both cases, if the Client agrees, enters into a settlement agreement with its creditors, as well as if any procedural actions are initiated against the Client that are similar to any of the above actions and processes; d) if any statement made by the Client or any guarantee provided by the Client in accordance with Paragraph 17 of the Agreement is or becomes false; e) if the Client is unable to repay its debts to the Company when they are due; f) if the Client, being a natural person, dies or becomes disabled due to a mental disorder; g) in the event of any circumstances where the Company reasonably believes that the preferred or even necessary solution is to take any measures specified in Paragraph 18.5 of this Agreement; h) if the Client makes any attempts and / or performs any actions defined by the Company as manipulative, fraud, swap arbitration or other forms of activity that are misleading or fraudulent in nature on the Client's account (s) opened with the Company; i) if the Client was trading: - using arbitrage or relying on price lag; – which can be characterized as excessive trading in order to benefit from price changes in the market without legitimate intentions; - which can be classified as market fraud.

15.2 In the event of any of the above Cases of violation of the obligations, the Company has the right to take one or more of the following measures at any time without providing prior Written notice to the Client: a) close any part (or all) Open positions of the Client at current Quotes; b) close any part (or all) Client's trading accounts in the Company; c) write off the amounts due to the Company from the Client's Trading Account; d) refuse to open a new (new ones) Trading Account to the Client e) reduce the Balance of the Client's Trading Account by the amount of illegally obtained income.

Force majeure

16.1 The Company has the right, at its reasonable discretion, to determine whether any Force Majeure Event has occurred and, if such a circumstance exists, the Company undertakes to take reasonable measures to notify the Client accordingly. Force majeure circumstances include, but are not limited to: a) any actions, events, or cases that reasoned discretion of the Company do not allow it to appropriately support market conditions for any Instruments, including (but not limited to those): war, strikes, riots, civil disturbances, terrorist acts, natural disasters, fires, floods, storms, accidents, failures in the electricity supply, failures of electronic or communications equipment, or failures of the supplier, government actions, failure of the employer to ensure the work of their subordinates; b) the suspension, liquidation or closure of any market; the non-occurrence or cancellation of any event on which the Company's Quotes depend; the imposition of restrictions, the establishment of non-standard or special trading conditions in any of the above markets or in any of the above events.

16.2 If the Company reasonable considers that there was any Force majeure event, the Company may without prior written notice to the Client at any time to take any of the following measures, without damage to any other rights arising in accordance with the legal documents: a) close any or all Open positions at the prices which the Company reasonably considers appropriate; or b) increase margin requirements; or c) to modify, suspend or freeze the application of any (or all) of the terms of legal documents to the extent in which the Force majeure circumstances prevent or make for the Company is impossible or impractical their compliance; or d) to take any other action which the Company reasonably considers appropriate in the circumstances in relation to the condition of Company, Client and other customers or to refrain from their adoption.

Refusal to satisfy the claim

17.1 The Company has the right to refuse to satisfy the claim submitted by the Client.

17.2 If the Company has notified the Client in advance by any means of carrying out scheduled technical work on the Server, then the claims made by them in respect of any outstanding Orders given during the period of carrying out the above-mentioned work will not be accepted. The fact that the Client did not receive the above notification does not serve as a basis for making a claim.

17.3 Claims based on the difference between the price of the underlying asset of the Contract for Difference and the execution price of an Order or Order under the Contract for Difference will not be accepted for consideration.

17.4 No claims are accepted for the time of Order execution, regardless of the time period that the Company took to execute the Order, and regardless of the time when the record of Order execution appeared in the server Log File, except in cases when the execution of the Order placed in the queue was not carried out in accordance with the Rules of Trading Operations.

17.5 No complaints are accepted for cancellation of the financial results of Trading operations that were committed by the Client for additional margin generated in Trading account due to making profitable trades at non-market quote or the quotation received as a result of manifest mistake, of the Company and subsequently canceled her.

17.6 The Client confirms that he will not be able to control the position or other open positions or give Orders to open new positions while the disputed situation in relation to the disputed position is under consideration by the Company, and that no claims on this issue will be accepted.

17.7 The Company has the right to cancel any Trading Operation if the relevant hedging trade has been canceled by the Liquidity Provider and does not accept any claims under this circumstance.

Dispute settlement procedure

18.1 When considering Disputable situations, any references of the Client to quotes of other companies or information systems are considered illegal and are not taken into account.

18.2 The Client confirms that the Company has the right not to notify him additionally that the Dispute has been settled and the disputed position has been restored. The Client takes upon itself all risks associated with this.

18.3 Following the settlement of the Dispute, the Company has the right to execute Take Profit or Stop Loss orders for the disputed position, depending on which of these orders would have been chronologically crossed by the price of the first one, if the position had not been closed as a result of the disputed situation.

18.4 In the event of any conflict situation where the Client reasonably believes that the Company has violated any provisions of the Regulatory Documents as a result of any of its actions or omissions, the Client has the right to submit a claim to the Company within 5 (five) business days from the date of the Dispute situation.

18.5 If the Parties fail to resolve Disputes through negotiations, the parties shall refer such Disputes to the Court of the Republic of Vanuatu after applying pre-trial proceedings to resolve such Disputes in accordance with the law of the Republic of Vanuatu.

Risk recognition and notification of risks

19.1 The Company notifies, and the Client confirms that it is aware of the materiality of the risk of loss and damage resulting from the purchase or sale of any financial instrument and confirms that it takes upon itself the above risk.

Applicable law and jurisdiction

20.1 The provisions of this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Vanuatu.

20.2 In the event of any Dispute arising in connection with the Agreement, the Client unconditionally confirms that the Parties to the Agreement will first seek to resolve the above Dispute in accordance with the Dispute settlement procedure specified in Paragraph 18 of this Agreement.

İşlem Komisyonu

Aylık Hacim
₺200.000'e kadar
₺200.000'den fazla
₺3.000.000'dan fazla
₺10.000.000'dan fazla

Komisyonlar
0.04% (onbinde 4)
0.03% (onbinde 3)
0.02% (onbinde 2)
0.01% (onbinde 1)