/* Template Name: Legal Level 2 */ ?>
Use of the Website:
1.2. The client warrants and represents to the Company that he is legally entitled to visit the Website and make use of information made available via the Website.
2.1. This Website and the information, tools and material contained in it are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject the Company or its affiliates to any registration or licensing requirement within such jurisdiction. In accessing any part of the Website, the Client agrees not to use this Website in such a way that disrupts, interferes with or restricts the use of this Website by other users; not to upload, display or transmit any materials through this Website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world.
Disclaimer of Warranties:
3.1 The Company makes no representations about the results to be obtained from using this Website, the Services, the information or the content.
3.2 The use of same is at the Client’s own risk. The information on this Website is provided on “as is” and “as available” basis.
3.3 The company does not warrant the accuracy, completeness, security or timeliness of the content, information or Services provided on or through the use of the Website, either expressly or by implying, for any particular purpose.
3.4 The company, its licensor and its suppliers, to the fullest extent permitted by law, disclaim all warranties express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
Limitation of Liability:
5.1 The Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the Client or any third party, as a result of or which may be attributable, directly or indirectly, to the access and use of the Website, any information contained on the Website, the Client’s personal information or material and information transmitted over the Company’s system. In particular, neither the Company nor any third party or data or content provider shall be liable in any way to the Client or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
6.2 The Client may download content only for his personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Company. The Client may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without a prior written consent from the Company. Anything that the Client transmit to this Website becomes the property of the Company, may be used by the Company for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Company, including to any legal or regulatory authority to which the Company is subject. The Company reserves all rights with respect to copyright and trademark ownership of all material at this Website, and will enforce such rights to the full extent of the law.
Links and Advertisements:
7.1 The Website may include links to other Internet websites or resources as well as for third party advertiser’s websites. You acknowledge and agree that the Company shall not be responsible any such external website, resource or advertisement, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites, resources or advertisements. Client Agreement This client agreement is entered by and between the operator of the Borman Corp side (the “Company”) and the person or legal entity that has applied to open a trading account at the Company’s CFD’s Trading platform (the “Client”),according to the terms and conditions detailed herein.
1.1 This agreement, as well as any legally binding document entered into between the Company and the Client, all as amended from time to time (together: the “Agreement”), set out the terms upon which the Company will deal with the Client in respect to placing orders and trading over financial instruments, on the Company’s trading platform.
1.2 Trading, means that a contract is being created which gives the Client the right to estimate the direction of change in price of an underlying asset, within a specified time frame determined by the Company. This trading instrument is different from trading in traditional options, since there is a fixed return that is determined at the outset of the trade, there is usually no Stop-Loss order and other features.
1.3 Opening an account and usage of the Trading Platform provided by the Company is by limited license given by the Company to the Client. The license is personal, non-transferable and is for persons who are older than 18 years old (or older legal age, if the law applicable to the Client’s jurisdictions requires a higher legal age) and subject to this Agreement. The Client may not transfer, assign, or enable other to make any use of the license, and/or give the Clients access codes to the Trading Account to anyone. Any damage caused to the Client, the Company and any third party due to breach of this Agreement by Client, shall be under the Client’s sole responsibility.
1.4 All services are provided to the client by , which is the management company and the client enters into a contractual agreement with Borman Corp only.
Opening of the Trading Account:
2.1 The Company will open an account for the Client (the “Trading Account”) as soon as reasonably practicable after: (i) the Company has received confirmation that the Client has agreed to enter into this Agreement (such confirmation can be made by checking the “I AGREE” button or link on the Company’s Internet website (the “Website”), followed by a completed application form (if applicable) and all other Client’s information required by the Company to be provided for full verification. The Client confirms that Client’s information is full, accurate and complete. If there is a change in the information provided by the Client at any time, the Client must notify the Company immediately of any such change.
2.2 The Trading Account will be activated by the Company as soon as the Company has identified the funds credited by the Client to the Trading Account. The Company may activate the Trading Account and permit trading in the Trading Account subject to such limitations, and before full verification has been determined, and to the satisfaction of such further requirements as the Company may impose. In the event that the Trading Account is activated but any such requirements are not complied with, the Company may freeze activity in the Trading Account. Where a Trading Account is not activated or is frozen, no funds held by the Company in respect of that Trading Account may be transferred back or to any other person until the Company is satisfied that all Applicable Regulations have been complied with.
2.3 In relation to any Transaction entered into pursuant to the Agreement the Company may act, according to the Company’s sole discretion, as principal or as agent on the Client’s behalf. Therefore the Company may act as the counter party to the Clients Trading activity. The Client confirms that it acts as principal and not as agent or trustee on behalf of someone else.
2.4 The Client hereby represents and warrants that his engagement with the Company in this Agreement and his use of the Company’s services are in full compliance with the law applicable to the Client.
3.1 The Trading Platform supplied by the Company enables trading in foreign exchange rates of different currencies, commodities, and any other financial instruments made available by the Company (all hereof: “Financial Instruments”). The Trading Platform displays indicative quotes of exchange rates of different financial instruments pairs, based on different financial information systems, as the most updated exchange rates in the international capital markets. For determining the quotes for different time periods, the platform is making mathematical calculations according to known and accepted capital markets formulas. It is acknowledged by both Parties that due to different calculation methods and other circumstances, different trading platforms and/or markets may display different price quotes.
3.2 The Client will receive a predetermined pay-out if his transaction expires in-the-money, and he will lose a predetermined amount of his investment in the Transaction if the option expires out-of-the-money. The predetermined amounts are a derivative of the collateral invested in the transaction by the Client, and will be published in the Trading Platform. The degree to which the option is in-the-money or out-of-the-money does not matter as it does with a traditional options.
3.3 The Company does warrant that trading in the Trading Account will be available at all times.
3.4 The Client authorises the Company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Client or any person authorised on the Client’s behalf, without further enquiry on the part of the Company as to the authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication. The Client will be responsible for and will be bound by all obligations entered into or assumed by the Company on behalf of the Client in consequence of or in connection with such orders, requests, instructions or other communication.
3.5 The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed or added to by the Company and may include (without limitation): (i) controls over maximum order amounts and maximum order sizes; (ii) controls over total exposure of the Company to the Client; (iii) controls over prices at which orders may be submitted (including, without limitation, controls over orders which are at a price which differs greatly from the market price at the time the order is submitted to the Company’s order book); (iv) controls over any electronic services provided by the Company to the Client (including ,without limitation, any verification procedures to ensure that any particular order or orders has come from the Client); or (v) any other limits, parameters or controls which the Company may be required to. The Company may, in addition, require the Client to limit the number of open Transactions which the Client may have with the Company at any time.
3.6 The Company does not allow actions or non-actions based on arbitrage calculations or other methods that are based on exploitation of different systems or platforms malfunction, delay, error etc.
3.7 The Company is entitled, by its own discretion, to cancel any trade that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Client etc. The Company’s records will serve as decisive evidence to the correct quotes in the world capital markets and the wrong quotes given to the Client; The Company is entitled to correct or cancel any trade based according to the correct quotes.
3.8 Reporting- Client can see his open trades (“Positions”) and guarantee funds situation at any time by accessing his Trading Account in the Company’s platform and viewing past trade’s reports generated by the Company. No hard-copy reports are sent.
4.1 The Client may transfer funds to the Company with different methods of payment as permitted by the Company from time to time and in any currency (acceptable by the Company), and such funds will be converted and managed in the Trading Platform in US Dollars and/or Euro and/or GBP, as determined by the Company, according to an exchange rate determined by the Company’s according to the available market rates.
4.2 When making a bank transfer, the Client must send the Company an authentic SWIFT confirmation, stating full bank account details and proof that the bank account is registered under its name. Non-delivery of the SWIFT confirmation or in case that the details do not conform to the Client’s details registered at the Company may result in the funds not being credited to the Client’s Trading Account.
4.3 The Funds deposited with the Company by the Client, together with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security to any Transaction, including Trading Losses, Commission and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Trading Account. The Client’s Funds shall not accumulate any interest or any other benefits. Trading that relate to a reference security shall not grant the Client any right to dividends, voting, allocations or any other Benefits, but may be subject to adjustments according to financial or corporate events which may have an effect the reference security, such as distribution of dividends, splits etc.
4.4 Repayment of any funds via wire transfer by the Company to the Client will be in the same currency and to the same account/credit card from which the funds were originally transferred, unless the Company has decided, by its own discretion, to return the funds to a different account of the Client. 4.5 The Client declares that all funds that it transfers to the Company do not derive from any criminal or other illegal activity and without any violation of any applicable anti-money laundering laws and regulations.
4.6 The Client will have no claim against the Company and will not hold the Company responsible for any delay and/or differences originating from a credit company’s, banks or other financial institutions rates calculation and/or commission and/or any other debit.
4.7 a)In the case the Client gives an instruction to withdraw funds from the Trading Account, Borman Corp ™ finance department supervises every withdrawal request submitted. Identification documents must be submitted to process any withdrawal. The Company shall pay the specified amount (less any transfer charges, if applicable, see point (5) below) within seven to ten (7-10) Business Days once instructions has been accepted and at the moment of payment, the Client’s margin requirements, proof of identity (to ensure safety of client’s funds) and due diligence criteria have been met. The Company may cancel the Client’s withdrawal order, if, according to the Company’s discretion, the remaining funds (after the withdrawal) shall not be sufficient to secure open Position(s) in the Trading Account. b) The company does not take any responsibility for any delays of withdrawals, due to third party (banks, credit card companies or other service providers) policies, nor any force major events that are not under the company’s control. c) Minimum withdrawal amount for wire transfers is $500.00 USD. d) Minimum withdrawal amount for Credit card / Debit Card transfers is $100 USD e) Minimum Deposit amount (for Credit / Debit cards) is $250 USD / Max Deposit amount is unlimited.
4.8 The Company shall debit the Client’s Trading Account for all payment charges. If the Client has the obligation to pay any amount to the Company which exceeds the amount held in the Client’s Trading Account, the Client shall immediately pay such amount upon Company’s request.
4.9 The Company shall not provide physical delivery in relation to any Transaction. As mentioned above, Profit or loss is credited to or debited to or from the Trading Account (as applicable) once the Transaction is closed.
Fees & Charges
5.1 The Company does not charge brokerage fees or commissions for executing trades.
5.2 All deposits to the company either by Credit Card or Wire Transfer are not subject to fee’s from the company. Clients may see fee’s charged to them and these charges will be from the clients’ bank.
5.3 All withdrawals either by Credit Card or Wire are not subject to fee’s. The company pays all fee’s for wire withdrawals.
5.4 The Company may introduce additional fees and charges, and may change any existing fees and charges, at any time, by giving the Client not less than 10 Business Days’ notice of such changes.
6.1 The Company may offer a number of attractive reward features, including welcome bonuses, contests and awards to new or existing customers. Bonuses and trading credits rewarded to clients are part of the Company’s promotions programs. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change from time to time.
6.2 Bonuses and profits that are based, even partially, on use of bonus credit, shall be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms and Conditions by Client.
6.3 In order to withdraw funds from an account that has been credited with a trading bonus, the trader will be required to execute a minimum trading volume of (bonus amount + Deposit) x25.
6.4 Funds can only be withdrawn when the preceding stipulation has been fully met and fulfilled. All trading bonuses are final, and a trading bonus cannot be removed once it has been credited to an account.
6.5 In regards to all “7 days guarantee campaign” or all insured money campaign: Insured money is replaced with bonus money. The bonus money needs to meet the following trading requirements in order to be withdrawn. The 1st deposit amount needs to be traded 15 times in order to be eligible for withdraw.
Privacy and Data Protection
7.1 Due to the nature of the Company’s business and relations with the Client, The Company shall hold some personal client information. All data collected, whether it is on paper or on a computer is safeguarded in order to maintain the Client privacy under Data protection laws
7.2 The Company shall be permitted to use and/or disclose the Client Information (a) For internal use, including with affiliated entities; (b) As permitted or required by law; (c) For protection against or prevent actual or potential fraud or unauthorised transactions or behaviour (d) For computerised supervision of Client’s use of the services, review and/or supervision and/or development and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligation to observe any applicable law.
7.3 The Client hereby grants the Company his/her permission to make use of his/her details in order to provide updates and/or information and/or promotion or marketing purposes through the Clients E-mail address or other contact information. Cancellation of this consent shall be performed by providing written notice to the Company, and shall apply to new publications that have not been sent.
7.4 The Client agrees that the Company may record all conversations with the Client and monitor (and maintain a record of) all emails sent by or to the Company. All such records are the Company’s property and can be used by the Company, amongst other things, in the case of a dispute between the Company and the Client.
7.5 Affiliation- the Company may share commissions and charges with its associates, introducing brokers or other third parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with Client’s information.
7.6 The Company’s Trading Platform, Website or other services may require the use of ‘Cookies’.
Advice, Information and Tax
8.1 The Company does not advise its Clients in regard to the expected profitability of any Transaction, and any tax or other consequences. The Client represents that it has been solely responsible for making its own independent appraisal and investigations into the risks of any Transaction. The Client represents that it has sufficient knowledge, market sophistication and experience to make its own evaluation of the merits and risks of any Transaction. The Client acknowledges that he has read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.
8.2 Where the Company does provide market commentary or other information: (a) this is incidental to the Client’s relationship with the Company. (b) It is provided solely to enable the Client to make its own investment decisions.
8.3 The Company shall not be responsible for the consequences of the Client acting upon such trading recommendations, market commentary or other information.
8.4 The Client acknowledges that the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.
8.5 The Company is under no obligation to assess the appropriateness of any Transaction for a Client, to assess whether or not the Client has the necessary knowledge and experience to understand the nature of risks associated with the Transactions. All risks related to the above are under the sole responsibility of the Client.
8.6 Any tax applying on the Client and/or results from the Client’s trading activity, including trading profits and/or trading losses and/or any charges and/or deductions, shall be under the Client’s full and sole responsibility. The Client shall personally report and pay any personal, federal, state and local tax liability he is obligated to, if applied. The Company serves as a mediator only and does not collect deduct, pay or withhold tax from the Client. The Company reserves the right, if ordered by an official entity, to deduct tax from the Client and deliver it to the proper tax authority as ordered by the official entity.
9.1 Trading Account balances and statements are displayed within the trading platform made available to the Client by the Company. Common terms definitions can be found on the Company’s Website. Closing an account and cancellation of the agreement
10.1 Either party may terminate this Agreement by giving 10 (Ten) days written notice of termination to the other. Either party may terminate this Agreement immediately in any case of any breach of this Agreement or event of Default by the other Party. Upon terminating notice of this Agreement, Client shall be under the obligation to close all open positions, otherwise, the notice shall become void, or the Company shall have the right to close all open positions without assuming any responsibility. Such closure may result in an outcome that would be less favourable for the Client.
10.2 Upon termination, all amounts payable by Either Party to the other Party will become immediately due. 10.3 Termination shall not affect any outstanding rights and obligations according to the applicable law and the provisions of this this Agreement. Limitations of Liability and Indemnities
11.1 THE SERVICES OF THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY AFFILIATED SOFTWARE, SERVICES OR COMMUNICATION THAT MAY BE OFFERED OR USED BY THE CLIENT SHALL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM TRADING OR THE USE OF THE COMPANY’S SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
11.2 Client acknowledges and agrees that the Trading Platform follows the relevant market, whether the Client is in front of his computer or not, and whether the Client’s computer is switched on or not, and will exercises the order left by the Client if applicable.
11.3 The Client shall, upon first demand by the Company, compensate the Company from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company.
11.4 The Company shall have the right to set-off any amount owed by the Company to the Client, against any debt or other obligation of the Client towards the Company. In any event of Default of Client (voluntary or involuntary insolvency procedures against the Client) all debts, future debts and other obligations of the Client towards the Company shall become immediately due. General Provisions