The Site is owned by Option24 Trading (hereinafter, “the Company”) a financial services company providing trading in financial and commodity-based derivative instruments and other securities, licensed by the International Business Corporations Act. The registered office address is located at 4-115 First St. Suite 341. Collingwood, ON. L9Y4W3 Canada. The Company provides online and mobile financial services to You (the "Company’s Services") subject to the following Services Agreement (the "Agreement") which should be read carefully by You in its entirety prior to Your use of the Company’s Services. Please note that this Agreement constitute a legally binding agreement between You and the Company.
In this Agreement, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them: “Access Data” shall mean the Username and Password given by the Company to the Client for accessing the Company’s electronic systems.
“Account” shall mean a personal account opened by an individual, solely for such individual to enable such individual to use the Services provided by the Company.
“Application Form” or “Client Account Opening Questionnaire” shall mean the application form/questionnaire completed by the Client online in order to apply for the Company’s Services under this Agreement, via which the Company will obtain amongst other things information for the Client’s identification and due diligence, his categorization and appropriateness in accordance with the Applicable Regulations.
“Affiliate” shall mean in relation to the Company, any entity which directly or indirectly controls or is controlled by the Company, or any entity directly or indirectly under common control with the Company; and “control” means the power to control, directly or indirectly, direct, or the presence of any ground to manage the affairs of the Company or entity.
“Applicable Regulations” shall mean:
a. Regulation Rules or any other rules of a relevant regulatory authority having powers over the Company;
b. the Rules of the relevant Underlying Market;
c. the Investment Services and Activities and Regulated Markets Law of 2007, as amended;
d. all other applicable laws, rules and regulations from time to time. “Ask” shall mean the higher price in a Quote at which the price the Client may buy. “Balance” shall mean the total financial result in the Client Account after the last Completed Transaction and depositing/withdrawal operation at any period of time.
“Base Currency” shall mean the first currency in the Currency Pair against which the Client buys or sells the Quote Currency.
Bid” shall mean the lower price in a Quote at which the Client may sell. “Business Day” shall mean any day, other than a Saturday or a Sunday, or the 25th of December, or the 1st of January or any international holidays to be announced on the Company’s Site.
“CFD” shall mean a contract for difference. A financial instrument which is derived based on the fluctuation in the price of the underlying asset.
“Client" shall mean anyone who registers via the Site and opens an Account.
“Client Account” shall mean the exclusive personalized account of the Client consisting of all Completed Transactions, Open Positions and Orders in the Company’s Online Trading System, the balance of the Client money and deposit/withdrawal transactions of the Client money. “Client Terminal” shall mean the platform trading facilitates including (but not limited to) web and mobile traders, which are used by the Client in order to obtain information on underlying markets in real- time, to make technical analysis of the markets, make Transactions, place / delete / modify Orders, as well as to receive notices from the Company and keep record of Transactions.
“Closed Position” shall mean the opposite of an Open Position. “Company Online Trading System” shall mean the Software used by the Company which includes the aggregate of its computer devices, software, databases, telecommunication hardware, a trading platform, all programs and technical facilities providing real-time Quotes, making it possible for the Client to obtain information of Underlying Markets in real time, make technical analysis on the markets, enter into Transactions, place / delete / modify Orders, receive notices from the Company and keep record of Transactions and calculating all mutual obligations between the Client and the Company. The Company Online Trading System consists of the Server and the Client Terminal.
“Completed Transaction” shall mean two counter deals of the same size (opening a position and closing a position): buy then sell and vice versa.
“Contract Specifications” shall mean the principal trading terms in CFDs (for example these may include Margin, Spread, Swaps, Lot Size, Initial Margin, Necessary Margin, Hedged Margin, Normal Market Size, the minimum level for placing Stop Loss, Take Profit and Limit Orders, financing charges, ticket fees for Swap Free Client Accounts, Company Costs, charges, minimum deposit requirements for different types of Client Accounts etc.) for each type of CFD and / or type of Client Account as determined by the Company from time to time in its discretion. The Contract Specifications appear on the Site of the Company.
“Currency of the Client Account” shall mean the currency that the Client Account is denominated in.
“Currency Pair” shall mean the object or Underlying Asset of a CFD Transaction based on the change in the value of one currency against the other. A Currency Pair consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the Quote currency is needed to purchase one unit of the Base Currency.
“Eligible Counterparty” shall mean an “Eligible Counterparty” for the purposes of the Regulation Rules, as determined in Client Classification Policy.
“Equity” shall mean the Balance plus or minus any Floating Profit or Loss that derives from an “We”, “Our” or “Us” shall mean the Company, its subsidiaries, affiliates, employees, directors, officers, agents, suppliers, consultants and/or contractors.
“You” or “Your” or “the Client” shall mean any user of the Site who registers and opens an account.
Capitalised terms not specifically defined in this paragraph shall have the meaning awarded to them in the body of this Agreement.
Capitalised terms not specifically defined herein shall, where relevant, have the meaning awarded to them in the relevant document incorporated in this Agreement by reference.
References to this Agreement shall be to this Agreement together with all documents incorporated by reference to this Agreement forming an integral part of the same.
Anyone registered at the Site, in accordance with the procedure specified hereafter, or participating in one of the Site's proposed activities, or uses the information published on the Site, accepts upon himself/herself, in free will and consent, the Agreement's authority, agrees to be bound by the Agreement, undertakes to act pursuant to the Agreement's stipulations and to the rules specified therein, as they will be updated from time to time, without any reservation.
This Agreement is legally binding between the Parties and shall conclusively govern the relationship between the Parties. Pursuant to and in accordance with Applicable Regulation where this Agreement is concluded as a distance contract, according to the terms herein, signing of this Agreement is necessary and the Agreement shall nevertheless constitute a legally binding and enforceable agreement between the Parties as if it were duly signed.
Using the Services is permitted solely to if You comply with all of the following:
On the participation date, You are eighteen (18) years old or of legal age as determined by the laws of the country where You live (whichever is higher);
a. You are the owner of a valid payment method (or authorized to use a valid payment method by the owner of that valid payment method); and
b. You do not violate any law or regulation as a result of using the Services. In this context it will be stressed, that if You reside or are present in any jurisdiction that prohibits using the Services offered at the Site, You shall not participate in the prohibited activity.
The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from using the Services. The Company does not intend to enable You to contravene applicable law. You represent, warrant and agree to ensure that Your use of the Site and/or the Services will comply with all applicable laws, statutes and regulations. The offering or availability of the Services shall not be deemed or interpreted as an offer or invitation by Us to use the Services, if You reside in a place in which such use is currently forbidden by law, or where the Company, in its sole discretion, elects not to offer Services. You shall be solely responsible for determining whether Your use of the Site and/or Services is legal in the place where You live and/or use the Site and/or Services. We make no representations or warranties, expressed or implied, concerning the legality of the Services and/or of the Site and/or of any person's participation in the Services through this Site, and shall not be responsible for any illegal use of the Site by You. It is Your responsibility to ensure that You comply with any and all laws applicable to You before registering or participating in any of the Services through this Site. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and/or the Services.
The Company reserves the right at any time to request from You evidence of age and reserve the right to suspend or cancel Your Account and exclude You, temporarily or permanently, from using the Services if satisfactory proof of age is not provided or if the Company suspects that You are underage and such satisfactory proof is not provided by You within three (3) days of requesting such proof.