TermsAndConditions PDF
TermsAndConditions PDF
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TERMS AND CONDITIONS
CONTENTS
1. Introduction ............................................................................................................................... 3
2. Restrictions on the Users ........................................................................................................... 3
3. License and Provision of Platform .............................................................................................. 4
4. Intellectual Property .................................................................................................................. 4
5. Use of the Platform .................................................................................................................... 5
6. Safety ........................................................................................................................................ 7
7. Services...................................................................................................................................... 7
8. Registration ............................................................................................................................... 7
9. Identification ............................................................................................................................. 8
10. Advice and Commentary ............................................................................................................ 9
11. Placement and Execution of Orders ........................................................................................... 9
12. Decline of Client’s Orders ......................................................................................................... 11
13. Events of Default...................................................................................................................... 12
14. Trade Confirmations ................................................................................................................ 13
15. Prohibited Trading Techniques ................................................................................................. 14
16. Client Money Handling Rules.................................................................................................... 16
17. Client Accounts, Deposits and Withdrawals.............................................................................. 17
18. Currency Conversions .............................................................................................................. 19
19. Inactive and Dormant Client Accounts...................................................................................... 19
20. Language ................................................................................................................................. 20
21. Communications and Written Notices ...................................................................................... 20
22. Privacy and Data Protection ..................................................................................................... 20
23. Amendments ........................................................................................................................... 21
Amendments of the Agreement ............................................................................................... 21
Natural Person ......................................................................................................................... 22
Legal Entity .............................................................................................................................. 23
Review of Costs ........................................................................................................................ 23
24. Termination and Results of Termination .................................................................................. 23
25. Force Majeure.......................................................................................................................... 24
26. Limitations of Liability and Indemnity....................................................................................... 26
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TERMS AND CONDITIONS
1. Introduction
This Client Agreement ( “ the Agreement”) , is the document which governs the relationship
between you ( also referred to as “Client”, “your” and “ yourself”, as appropriate ) and Scope
Markets Limited ( also referred to as “ Scope Markets”, “ the Company”, “we”, “us”, “our”, as
appropriate) concerning the services we provide and your activity with us.
1.1. Scope Markets is a business private limited company incorporated in Belize, with registration
number 145,138. Our registered address is at 5 Cork street, Belize City, Belize.
1.2. Financial Services are provided by Scope Markets Limited ( operating under the trading
name “Scope Markets”), which is a Securities Service Provider Licensee and Brokerage and
Consultancy Licensee , regulated and authorized by the International Financial Services Commission
(“IFSC”) in Belize under the license numbers 000274/58 and 000274/57.
1.3. This Client Agreement together with any Appendices added thereto and the following
documents, as amended from time to time: Complaints & Dispute Resolution Policy, Withdrawals
Policy, AML Policy, Privacy Policy, Risk Disclosure, Restricted Countries (together, the "Agreement”)
set out the terms upon which the Company will offer Services to the Client and also include
important information which we are required as an authorised Belize Investment Firm to provide to
our prospective Clients. By registering as a user, you are consenting to the terms and conditions of
all the above-mentioned documents and it means that in the event that you are accepted by us as
our Client you shall be bound by these terms and conditions. For this reason, you are advised to read
all the above mentioned documents which form the Agreement and any other letters or notices sent
by the Company carefully, as well as the various documents found on our Website and make sure
that you understand and agree with them.
By accepting these terms, you enter into a legally binding agreement with us. You acknowledge that
you have read and understood the terms of the Agreement.
2.1. Without prejudice to the Company’s right to refuse to provide Services hereunder or make
its Platform available to any person, the Platform is not intended for use by a person:
(a) who is under the age of 18 years old or is not of legal competence or of sound mind;
(b) The Platform and our Service hereunder are not intended to persons residing in any country
where CFD trading activity or other such services would be contrary to local law or regulation or
religion. It is your responsibility to comply with any local law or regulation to which you are subject
to;
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(c) who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to
the Company or any affiliate thereto.
3.1. Subject to the Client’s obligations under the Agreement being fulfilled, the Company hereby
grants the Client a limited license, which is personal, non- transferable, non-exclusive and fully
recoverable, to use the Platform(s) (including the use the Website and any associated downloadable
software available on our Website from time to time), solely for personal use and benefit in order to
place Orders in a particular Financial Instrument(s) in accordance with the terms of this Agreement.
Should the Agreement be terminated for any reason, the license will automatically be revoked, and
the Platform software must no longer be used by the Client.
3.2. If any third-party software is included within the Platform, then such third-party software
shall be provided subject to the terms of this Agreement. The Client shall fully comply with the terms
of any third-party software licenses that the Company may provide him with from time to time.
3.3. The Company reserves any and all rights to the Platform not expressly granted to the Client
by this Agreement. Rights to the Platform are licensed to the Client by the Company and not sold. All
rights to the Platform shall remain the property of the Company.
3.4. The Company has the right to shut down the Platform(s) at any time for maintenance
purposes without prior notice to the Client. This will be done only in weekends, unless not
convenient or in urgent cases. In these cases, the Platform(s) will be inaccessible.
3.5. From time to time, acting reasonably, the Company shall have the right to add to, modify, or
remove any of the Platform or parts of it without liability under this Agreement. In such a case, it
shall use reasonable endeavours to replace any part of the Platform with an equivalent where
practicable.
4. Intellectual Property
4.1. The Platform(s), all copyrights, trademarks, patents, service marks, trade names, software
code, icons, logos, characters, layouts, trade secrets, buttons, color scheme, graphics and data
names are the sole and exclusive Intellectual Property (IP) of the Company or of third parties and are
protected by local and international intellectual property laws and treaties. This Agreement does not
convey an interest in or to the Platform(s) but only a right to use the Platform(s) according to the
terms of this Agreement. Nothing in this Agreement constitutes a waiver of the Company’s IP rights.
4.2. Under no circumstances shall the Client obscure or remove any copyright, trademark or any
other notices from any of the Company’s IP or Website or Platform(s).
4.3. It is understood that the Company may offer its Services under different tradenames or
trademarks and websites. The Company owns all the images displayed on its websites, the
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Platform(s) and downloadable software and material. The Client may not use these images in any
way other than the manner which the Company provides them for.
4.4. The Client is permitted to store and print the information made available to him through the
Company’s Website or Platform(s) including documents, policies, text, graphics, video, audio,
software code, user interface design or logos. The Client is not permitted to alter, modify, publish,
transmit, distribute, otherwise reproduce commercially exploit that information, in whole or in part,
in any format to any third party without the Company’s express written consent.
(a) may only use the Platform for so long as he is authorised to do so under the terms of the
license granted hereunder;
(c) may not use the Platform for any purpose other than for the purpose for which it has been
provided under this Client Agreement;
(d) is responsible for all transactions effected on his Client Account via the Platform and the use
of the Platform (including the Access Data);
(e) will logout from the Platform should his access terminal be left unattended, to prevent
unauthorised access to his Client Account.
5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the
Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems
and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for him.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or
instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the
communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or
Applicable Regulations.
(e) Do anything that will or may violate the integrity of the Company computer system or
Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any
security measures that the Company has applied to the Platform(s).
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(g) Perform any action that could potentially allow the irregular or unauthorised access or use
of the Platform(s).
(h) Carry out any commercial business on the Platform, unless specifically allowed by us in
writing.
5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph
5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client
Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment
necessary to access and use the Platform(s), which includes at least a personal computer or mobile
phone or tablet (depending on the Platform used), internet access by any means and telephone or
other access line. Access to the internet is an essential feature and the Client shall be solely
responsible for any fees necessary in order to connect to the internet.
5.5. The Client represents and warrants that he has installed and implemented appropriate
means of protection relating to the security and integrity of his computer or mobile phone or tablet
and that he has taken appropriate actions to protect his system from computer viruses or other
similar harmful or inappropriate materials, devices, information or data that may potentially harm
the Website, the Platform(s) or other systems of the Company. The Client further undertakes to
protect the Company from any wrongful transmissions of computer virus or other similarly harmful
or inappropriate material or device to the Platform(s) from his personal computer or mobile phone
or tablet.
(a) that the Platform will be available for access all the time, or at any time on a continuous
uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance,
repairs, reconfigurations or upgrades;
(d) that the Platform is free from viruses or anything else that has contaminating or destructive
properties including where such results in loss of or corruption to Client data or other property.
5.7. The Company will not be liable to the Client should his computer system or mobile phone or
tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs
delays and any other form of data integrity problems that are a result of his hardware configuration
or mismanagement, the Company shall not be liable.
5.8. The Company will not be liable for any such disruptions or delays or problem in any
communication experienced by the Client when using the Platform(s).
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5.9. The Company agrees to hold harmless the Client from losses on his Client Account in the
event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs
which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company
from losses in the event that his Client Account is hacked or associated unauthorised use of his
Access Data occurs due to his negligence.
6. Safety
6.1. When the Client access the Platform he will be asked to enter his Access Data, which are
confidential and he agrees to keep secret and not to disclose to any third person.
6.2. The Client agrees to notify the Company immediately if he knows or suspects that his Access
Data or Client Account number have or may have been disclosed to any unauthorised person. The
Company will then take steps to prevent any further use of such Access Data and will issue
replacement Access Data. The Client will be unable to place any Orders until he receives the
replacement Access Data.
6.3. The Client agrees that he will co-operate with any investigation the Company may conduct
into any misuse or suspected misuse of his Access Data.
6.4. The Client acknowledges that the Company has no responsibility if unauthorized third
persons gain access to information, including electronic addresses, electronic communication,
personal data and Access Data when the above are transmitted between the Parties using the
internet or other network communication facilities, post, telephone, or any other electronic means.
6.5. If the Company is informed from a reliable source that the Access Data of the Client may
have been received by unauthorised third parties, the Company may, at its discretion without having
an obligation to the Client, deactivate the Client Account.
7. Services
7.1. Trading with the Company involves the provision of the following services from the
Company to the Client, subject to the Client’s obligations under the Agreement being fulfilled:
8. Registration
8.1 We are obligated by law to confirm and verify the identity of each person who registers on our
system and opens an Account with us. Therefore, at any given time, starting from the date of
your registration with us, we may ask you to provide personally identifiable information. We
reserve the right to limit, block access to our Services and/or terminate and/or close your
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Account with us, if such information is not provided and/or if any such information provided to
us appears to be untrue, inaccurate, incomplete and/or incorrect. If you choose to provide us
with such information and register with us as our client, you are confirming to us that any
information provided to us is true, accurate, updated and complete information about yourself.
Additionally, you agree that you will not impersonate any person or entity, misrepresent any
affiliation with another person, entity or association, use false headers or otherwise conceal
your identity from us for any purpose or reason.
8.2 If you are registering as or for a business entity, you hereby declare that you have the authority
to bind that entity to these Terms and Conditions. We apply strict security procedures and
undertake to treat the information that you provide us with care in accordance with the privacy
policy published on our Website(s) (our “Privacy Polic(y)ies”).
8.3 Please note that when you register with us, you will choose a username and password that will
personally identify you each time you log on to our system (“Access Codes”). Your Access Codes
(username and password) should be kept strictly private and confidential at all times. It is your
sole and exclusive responsibility to safeguard this information and you are responsible for all
actions made using your Account User Information. You agree: (a) to notify us immediately of
any unauthorized use of your Access Codes or of any other violation of security and (b) at the
end of each use, to log out from your Account in an orderly way. If the security of your Access
Codes (username and password) is breached or if you suspect that they are being wrongfully
used – please contact our Customer Support team immediately.
9. Identification
9.1. We are obligated by law to confirm and verify the identity of each person/entity who
registers on our system and opens an Account with us; therefore, as part of our obligations to
comply with applicable “Anti-Money Laundering (“AML”) Legislation”, you will be prompted to
provide us with the following information when you register with us: (a) name; (b) address/
residency; (c) date of birth; (d) nationality; (e) contact information;(f) payment instructions; and any
other personally identifiable information that we may ask for from time to time, such as a copy of
your Passport and/or other identifying documents.
9.2. Upon the death of an Account owner, if the legal heirs of such account owner would like to
withdraw the remaining balance in the Account, to the extent there is any, such legal heirs should
present to us with official legal documents from the applicable governmental authorities in the
jurisdiction of the deceased to our satisfaction, and we, in our sole discretion and upon checking
such documents, shall make the decision whether to allow such withdrawal(s).
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10.1. The Company will not advise the Client about the merits of a particular Order or give him
any form of investment advice and the Client acknowledges that the Services do not include the
provision of investment advice in Financial Instruments or the Underlying Markets or Assets. The
Client alone will decide how to handle his Client Account and place Orders and take relevant
decisions based on his own judgment.
10.2. The Company will not be under any duty to provide the Client with any legal, tax or other
advice relating to any Transaction. The Client may wish to seek independent advice before entering
into a Transaction.
10.3. The Company will not provide to the Client any trading and or other advice, but it may, from
time to time and at its discretion, provide the Client (or in newsletters which it may post on its
Website or provide to subscribers via its Website or otherwise) with information, news, market
commentary or other information but not as part of its Services to the Client. Where it does so:
(c) This information is provided solely to enable the Client to make his own investment
decisions and does not amount to investment advice or unsolicited financial promotions to the
Client.
(d) If the document contains a restriction on the person or category of persons for whom that
document is intended or to whom it is distributed, the Client agrees that he will not pass it on to any
such person or category of persons.
(e) The Client accepts that prior to dispatch, the Company may have acted upon it itself to made
use of the information on which it is based. The Company does not make representations as to the
time of receipt by the Client and cannot guarantee that he will receive such information at the same
time as other clients.
10.4. It is understood that market commentary, news, or other information provided or made
available by the Company are subject to change and may be withdrawn at any time without notice.
11.1. The Company may from time to time accept Client Orders in different ways such as on the
Platform, via telephone call and any other methods at the Company’s discretion.
11.2. The Client may place Orders with the Company on the Platform and via telephone call, by
using his Access Data and provided all the Essential Details are given in both cases.
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11.3. The Company will use reasonable efforts to execute an Order, but it is agreed and
understood that despite the Company’s reasonable efforts transmission or execution may not
always be achieved at all for reasons beyond the control of the Company.
11.4. The Client hereby acknowledges and agrees that the Company may, at its sole discretion,
add, remove or suspend from the Platform, any Financial Instrument, on any type of Underlying
Asset or Market, from time to time in the event of a stock transformation event (for example as the
result of a takeover, share consolidation/split, merger, spinoff, nationalisation, de-listing, etc.) or if
no Client Positions are held in a particular Financial Instrument at that time.
11.5. Orders may be placed within the normal trading hours of the Company, available on the
Platform and/or the Website, as amended from time to time.
11.6. The On-Line Facility is provided “as is” and neither we nor any of our Service Providers
makes any representations or warranties of any kind whatsoever regarding (i) the availability,
currency, accuracy or completeness of the On-Line Facility, (ii) the results to be obtained by you or
anyone else from the use of the On-Line Facility, and (iii) any third-party content accessible on or
through the On-Line Facility. Neither we, our affiliates, nor any of our or their directors, officers,
employees and agents shall be liable for any loss or damage (including direct, indirect or
consequential loss or loss of profits) suffered by you or any third party in connection with the
provision of any services to which this Agreement applies except to the extent that such loss or
damage results directly from our or their fraud, gross negligence or wilful misconduct.
11.7. The Company shall not be held responsible for any loss or damage caused, directly,
indirectly, by any events, actions or omissions beyond our control including, without limitation, loss
or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of
orders and/or information due to a breakdown in, delay or failure of any transmission,
communication or computing facilities.
11.8. Should quoting, execution or other errors occur, which may include , but are not limited to, a
dealer’s mistype of a quote, a quote or trade that is not representative of fair market prices, an
erroneous price quote from a trader, such as but not limited to a misquote or an erroneous quote
due to failure of hardware, software or communication lines or systems and/or inaccurate data
feeds provided by us or third or third-party vendors, we will not be liable for the resulting errors in
account balances or trading losses. The foregoing list is not meant to be exhaustive. In the event of
quoting or execution error, we reserve the right to make the necessary corrections or adjustments
on the account involved. Any dispute arising from such quoting, execution or other errors will be
resolved by us in our sole and absolute discretion.
11.9. Internet Connectivity delays and price feed errors sometimes create a situation where the
prices displayed on the trading platform or liquidity connection do not accurately reflect the market
rates. We do not permit the practice of latency arbitrage or taking advantage of these internet
delays. Transactions that rely on price latency arbitrage opportunities may be revoked. We reserve
the right to make the necessary corrections or adjustments on the account involved in our sole and
absolute discretion.
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11.10. We shall have no obligation to contact you to advise upon appropriate action in light of
changes in market conditions or otherwise. The foreign exchange market is highly speculative and
volatile. Following execution of any transaction, you are solely responsible for making and
maintaining contact with us for the purpose of monitoring the position of ensuring that any further
instructions are given on a timely basis. We shall not be responsible for any loss caused directly,
indirectly, actually or alleged as a result of any inability or failure by you to do so.
12.1. Without prejudice to any other provisions herein, the Company is entitled, at any time and
at its discretion, without giving any notice or explanation to the Client to restrict the Client’s trading
activity, to cancel Orders, to decline or refuse to transmit or execute any Order of the Client, and the
Client has no right to claim any damages, specific performance or compensation whatsoever from
the Company, in any of the following cases:
(f) The Company has sent a notice of Termination of the Agreement to the Client.
(g) The system of the Company rejects the Order due to trading limits imposed.
(i) The Client does not hold adequate funds in his Balance for the specific Order or the Balance
goes below zero.
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(a) The failure of the Client to perform any obligation due to the Company.
(b) If an application is made in respect of the Client pursuant to the Belize Bankruptcy Act or any
equivalent act in another Jurisdiction (if the Client is an individual), if a partnership, in respect of one
or more of the partners, or if a company, a receiver, trustee, administrative receiver or similar officer
is appointed, or if the Client makes an arrangement or composition with the Client’s creditors or any
procedure which is similar or analogous to any of the above is commenced in respect of the Client.
(c) The Client is unable to pay the Client’s debts when they fall due.
(d) Where any representation or warranty made by the Client in paragraph 29 is or becomes
untrue.
(e) The Client (if the Client is an individual) dies or is declared absent or becomes of unsound
mind.
(f) Any other circumstance where the Company reasonably believes that it is necessary or
desirable to take any action set out in paragraph 14.2.
(g) An action set out in paragraph 14.2 is required by a competent regulatory authority or body
or court.
(h) The Company reasonably considers that the Client involves the Company in any type of fraud
or illegality or breach of Applicable Regulations or the Company is placed at risk of being involved in
any type of fraud or illegality or breach of Applicable Regulations if it continues offering Services to
the Client, even when this is not due to the Client’s wrongdoing.
(i) The Company reasonably considers that there is a material violation by the Client of the
requirements established by legislation of the Republic of Belize or other countries having
jurisdiction over the Client or his trading activities, such being materiality determined in good faith
by the Company.
(j) If the Company suspects that the Client is engaged into money laundering activities or
terrorist financing or card fraud or other criminal activities.
(k) The Company reasonably suspects that the Client performed a prohibited action as set out in
paragraph 5.2.
(l) The Company reasonably suspects that the Client performed abusive trading such as, but not
limited to, Snipping, Scalping, Pip-hunting, Hedging, placing "buy stop” or "sell stop” Orders prior to
the release of financial data, arbitrage, manipulations or a combination of faster/slower feeds.
(m) The Company reasonably suspects that the Client opened the Client Account fraudulently.
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(n) The Company reasonably suspects that the Client performed forgery or used a stolen card to
fund his Client Account.
13.2. If an Event of Default occurs the Company may, at its absolute discretion, at any time and
without prior Written Notice, take one or more of the following actions as deemed appropriate
under the circumstances:
(a) Terminate this Agreement immediately without prior notice to the Client.
(c) Temporarily or permanently bar access to the Platform(s) or suspend or prohibit any
functions of the Platform(s) until the Company can reasonably determine that an Event of Default
occurred.
(d) Reject or Decline or refuse to transmit or execute any Order of the Client until the Company
can reasonably determine that an Event of Default occurred.
(e) Restrict the Client’s trading activity until the Company can reasonably determine that an
Event of Default occurred.
(f) In the case of fraud, forgery or use of stolen cards reverse the funds back to real owner or
according to the instructions of the law enforcement authorities of the relevant country, or of the
credit card company or of another financial institution.
(g) Cancel or reverse any profits gained through abusive trading of paragraph 14.1. (k) and (l) or
the application of artificial intelligence on the Client Account or in case of the use of stolen cards,
forgery, fraud or when the Client engaged into a criminal activity or money laundering.
(h) Take legal action for any losses suffered by the Company.
14.1. The Company shall provide the Client with adequate reporting on his Orders. For this reason,
the Company will provide the Client with an online access to his Client Account via the Platform(s),
which will provide him with sufficient information in order to comply with IFSC Rules in regard to
Client reporting requirements.
14.2. If the Client has a reason to believe that the Confirmation is wrong or if the Client does not
receive any Confirmation when he should, the Client shall contact the Company ten Business Days
from the date the Company of the Order was sent or ought to have been sent (in the event that a
Conformation was not sent). If the Client expresses no objections during this period, the content is
considered as approved by him and shall be deemed conclusive.
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15.1. Circumvention & Reverse Engineering: You shall not unlawfully access or attempt to gain
access, reverse engineer or otherwise circumvent any security measures that we have applied to our
Services and/or computer system(s). If, at our sole discretion, we were to determine that you are in
breach of this clause, we reserve the right to take all action as we see fit, including, without
limitation, completely blocking access to our Services, blocking and/or revoking your Access Codes
and/or terminating your Account. Under these circumstances, we reserve the right to seize any
profits and/or revenues generated directly or indirectly by exercising any such prohibit trading
activity and we shall be entitled to inform any interested third parties of your breach of this clause;
we have, and will continue to develop any tools necessary to identify fraudulent and/or unlawful
access and use of our Services; any dispute arising from such fraudulent and/or or unlawful trading
activity will be resolved by us in our sole and absolute discretion, in the manner we deem to be the
fairest to all concerned; that decision shall be final and/or binding on all participants; no
correspondence will be entered into.
15.2. Artificial Intelligence Software: It is absolutely prohibited to use any software, which we
determine, at our sole discretion, to have as its purpose to apply any kind of artificial intelligence
analysis to our Services and/or computer system(s) with an ultimate purpose of gaining unfair
advantage and exploiting our trading facility; in the event that we determine, at our own discretion,
that any such artificial intelligence software has been used, or is being used, we reserve the right to
take all actions as we see fit, including, without limitation, completely blocking access to our
Services, blocking and/or revoking your Access Codes and/or terminating your Account. Under these
circumstances, we reserve the right to seize any profits and/or revenues generated directly or
indirectly by exercising any such prohibited trading activity and/or charge you with extra fees. In
addition, we shall be entitled to inform any Interested third parties of your breach of this clause; we
have, and will continue to develop any tools necessary to identify fraudulent and/or unlawful access
and use of our Services; any dispute arising from such fraudulent and/or or unlawful trading activity
will be resolved by us in our sole and absolute discretion, in the manner we deem to be the fairest to
all concerned; that decision shall be final and/or binding on all participants; no correspondence will
be entered into.
15.3. Moreover, it is absolutely prohibited to use any software in such a way which can cause
serious negative impact on the performance of our servers and may prevent us from achieving the
best possible result for our clients as regards the execution of their orders. In the event that we
identify any such activity, we reserve the right to take all actions as we see fit, including, without
limitation, completely blocking access to our Services, blocking and/or revoking your Access Codes
and/or immediately terminating your Account. Moreover, you acknowledge that once your Account
has been terminated, we may liquidate any outstanding contracts/positions you have with us. In
view of the above, please note that you will be strictly prohibited from opening any new trading
Account(s) and trade with our Company. Nonetheless, in cases where you may successfully open an
Account and trade with our Company due to any technical and/or human error, we reserve every
right to immediately close your Account upon identification, nullify any profit/loss generated and
refund the original amount of deposit, excluding any deposit and withdrawal charges.
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15.4. Unlawful trading techniques: Internet, connectivity delays, and price feed errors sometimes
create a situation where the price(s) displayed on our Online Trading Facility do(es) not accurately
reflect the market rates. The concept of using trading strategies aimed at exploiting errors in prices
and/or concluding trades at off-market prices and/or by taking advantage of internet delays
(commonly known as “arbitrage”, “sniping” or “scalping” hereinafter, collectively, referred to as
“Arbitrage”), cannot exist in an OTC market where the client is buying or selling directly from the
principal; accordingly, we reserve the right, at our sole discretion, NOT to permit the abusive
exploitation of Arbitrage on our Services and/or in connection with our Services; any Transactions or
Contracts that rely on price latency arbitrage opportunities may be revoked, at our sole discretion
and without prior notice being required; furthermore, in those instances, we reserve the right, at our
sole discretion and without prior notice being required: (a) to make the necessary corrections or
adjustments on the Account(s) involved (including, without limitation, adjusting the price spreads
available to the client); (b) to restrict the Account(s) involved access to streaming, instantly tradable
quotes (including, without limitation, providing manual quotations only and submitting any Orders
to our prior approval); (c) to retrieve from the Account(s) involved any historic trading profits that
we can document as having been gained through such abuse of liquidity at any time during the client
relationship; (d) to terminate the client relationship and/or close all Accounts involved (including,
without limitation all other Accounts held by the same Account holder with us) immediately by
giving written notice; and/or (e) to inform any interested third parties.
15.5. Any indication or suspicion, in Scope Market’s sole discretion, of any form of arbitrage
(including but not limited to risk free profiting), abuse (including but not limited to participant's
trading activity patterns that indicate that the participant solely aims to benefit financially without
being genuinely interested in trading in the markets and/or taking market risk), internal hedging in
coordination with other parties, fraud, manipulation, cash-back arbitrage or any other forms of
deceitful or fraudulent activity, will constitute all Transactions carried and/or profits or losses
garnered as invalid. In these circumstances, we reserve the right to close/suspend (either
temporarily or permanently) all of the Client’s trading Accounts and/or cancel all Transactions. In
view of the above, please note that you will be strictly prohibited from opening any new trading
Account(s) and trade with our Company. Nonetheless, in cases where you may successfully open an
Account and trade with our Company due to any technical and/or human error, we reserve every
right to immediately close your Account upon identification, nullify any profit/loss generated and
refund the original amount of deposit, excluding any deposit and withdrawal charges.
15.6. Changes in Market conditions: Please note that we shall have no obligation to contact you
to advise upon appropriate action in light of changes in Market Conditions (including, without
limitation, Market Disruptions) or otherwise. You acknowledge that the Over-The-Counter Market in
leveraged Securities is highly speculative and volatile and that, following execution of any
transaction, you are solely responsible for making and maintaining contact with us and for
monitoring open positions and ensuring that any further instructions are given on a timely basis. In
the event of any failure to do so, we can give no assurance that it will be possible for us to contact
you and we accept no liability for loss alleged to be suffered as a result of any failure by you to do so.
15.7. Indemnification: Without prejudice to any other provisions of this Agreement, you agree to
indemnify us and hold us, any of our Associates, harmless from and against any and all liabilities,
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TERMS AND CONDITIONS
losses, damages, costs and expenses, including, without limitation, legal fees and expenses incurred
in connection with and/or directly or indirectly related with, any fraudulent and/or unlawful access
and use by you of our Services and/or the prevention and/or remediation thereof, provided that any
such liabilities, losses, damages, costs and expenses would not have not arisen, but for our gross
negligence, fraud or wilful default.
15.8. MT4/MT5 Multiterminal: The Company may offer the trading platform MT4/MT5
Multiterminal which allows the Client to manage more than one trading accounts. You hereby
represent, warrant, and agree that you will not use MT4/MT5 Multiterminal to manage trading
accounts not belonging to you.
16.1. The Company will promptly place any Client money it receives into one or more segregated
account(s) with reliable financial institutions (for example a bank) and the Client funds will be
segregated from the Company’s own money and cannot be used in the course of its business.
16.2. The Company shall not pay to the Client any interest earned on Client money (other than
profit gained through trading Transactions from his Client Account(s) under this Agreement) and the
Client waives all right to interest.
16.3. The Company may deposit Client money in overnight deposits and will be allowed to keep
any interest.
16.4. Client money may be held on the Client’s behalf a bank located within or outside Belize. The
legal and regulatory regime applying to any such person outside Belize will be different from that of
Belize and in the event of the insolvency or any other equivalent failure of that person, the Client’s
money may be treated differently from the treatment which would apply if the money was held in a
Segregated Account in Belize. The Company will not be liable for the solvency, acts or omissions of
any third party referred to in this paragraph.
16.5. In the event of the insolvency or any other analogous proceedings in relation to that third
party, the Company may only have an unsecured claim against the third party on behalf of the
Client, and the Client will be exposed to the risk that the money received by the Company from the
third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant
account. The Company does not accept any liability or responsibility for any resulting losses.
16.6. It is agreed that the Company shall have the right to transfer the Client Money to successors
or assignees or transferees or buyers, with 15 Business Days prior Written Notice to the Client.
16.7. The Company shall have a general lien on all funds held by the Company or its Associates or
its nominees on the Client’s behalf until the satisfaction of his obligations.
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TERMS AND CONDITIONS
17.1. The Company shall open one or more a Client Account(s) for the Client to allow him to place
Orders in particular Financial Instruments.
17.2. It is understood that the types of the different Client Accounts offered by the Company and
the characteristics of such Client Accounts are found on the Website and are subject to change at
the Company’s discretion.
17.3. The Client Account shall be activated upon the Client depositing the minimum initial deposit,
as determined and mended by the Company in its discretion from time to time. The minimum initial
deposit may vary according to the type of Client Account offered to the Client and is found on the
Website.
17.4. The Client may deposit funds into the Client Account at any time during the course of this
Agreement. Deposits will be made via the methods and in the currencies accepted by the Company
from time to time. The detailed information about deposit options is shown on the Website.
17.5. The Company shall have the right to request the Client at any time any documentation to
confirm the source of funds deposited into the Client Account. The Company shall have the right to
reject a deposit of the Client and/or block the Client Account in any of the following cases:
(a) if the Company is not duly satisfied as to the legality of the source of funds;
(b) if the Client fails to provide the Company with any relevant documents it requests from the
Client for client identification purposes or for any other reason;
(c) if the Company reasonably suspects or has concerns that the submitted documents may be
false or fake;
(d) if the Company reasonably suspects that the Client is involved in illegal or fraudulent
activity;
(e) if the Company is informed that the credit or debit card (or any other payment method used
by the Client) has been lost or stolen;
(f) where the Company reasonably considers that there is a chargeback risk for any other
reason; or
(g) when the Client deposits $10,000 or more (in one or more separate deposits) and the
Company is unable to verify the source,
(h) when the acquiring bank, issuer bank or any third-party processor or payment service
provider rejected the transaction.
17.6. If the funds sent by the Client are not deposited in the Client Account when they were
supposed to, the Client shall notify the Company and request from the Company to make a banking
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TERMS AND CONDITIONS
investigation of the transfer. The Client agrees that any charges of the investigation shall be paid by
the Client and deducted from his Client Account or paid directly to the bank performing the
investigation. The Client understands and aggress that in order to perform the investigation the
Client shall have to provide the Company with the requested documents and certificates.
17.7. The Company shall make withdrawals of Client funds upon the Company receiving a relevant
request from the Client by email or in any other method accepted by the Company from time to
time.
17.8. Upon the Company receiving an instruction from the Client to withdraw funds from the
Client Account, after the Client completed the withdrawal process, the Company shall pay the said
amount within one to five Business Days, if the following requirements are met:
(a) the withdrawal instruction includes all required information and identification details of the
Client as may be required by the Company;
(b) the instruction is to make a transfer to the originating account (whether that is a bank
account, a payment system account etc) from which the money was originally deposited in the Client
Account or at the Client’s request to a bank account belonging to the Client;
(c) the account where the transfer is to be made belongs to the Client;
(d) at the moment of payment, the Client’s Balance exceeds the amount specified in the
withdrawal instruction including all payment charges;
(e) there is no Force Majeure event which prohibiting the Company from effecting the
withdrawal;
(f) the Client does not have any Open Positions or in the case if any Open Positions the
remaining Balance in the Client Account shall be at least double the necessary Maintenance Margin
required to keep the positions open;
g) the Client sends the withdrawal instruction in an email or in any other approved method by the
Company from time to time.
It is agreed and understood that the Company will not accept third party or anonymous payments in
the Client Account and will not to make withdrawals to any other third party or anonymous account.
17.9. The Company reserves the right to reasonably decline a withdrawal request of the Client
asking for a specific transfer method and the Company has the right to suggest an alternative.
17.10. All payment and transfer charges of third parties will be borne by the Client and the
Company shall debit the relevant Client Account for these charges.
17.11. The Client may send the request for internal transfer of funds to another Client Account held
by him with the Company. Internal transfers shall be subject to the Company’s policy from time to
time.
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TERMS AND CONDITIONS
17.12. Mistakes made by the Company during transfer of funds shall be refunded to the Client. It is
understood that should the Client provide wrong instructions for a transfer, the Company may be
unable to correct the mistake and the Client may have to suffer the loss. It is further understood that
the Company shall not be liable for any mistakes of third-party payment service providers.
18.1. In the event that the Client deposits money in a different currency of that of the Currency of
the Client Account then the Company shall convert the sum deposited into the Currency of the Client
Account. The Company shall do this at reasonable market rate and/or rate of exchange and/or bank
that it considers appropriate. The Company shall be entitled to charge the Client for currency
conversion or retain a mark-up from the exchange rates for arranging such conversion as the
Company may from time to time specify to the Client and publish on the Platform and/or the
Website. The Company shall be entitled to charge to the Client and obtain from the Client Account
or from the deposited amount the expenses incurred with regard to currency conversions for the
Client, including commissions to banks, money transfer fees, commissions to intermediaries.
18.2. Depending on the currency used to deposit money in the Client Account, the Company may
charge an amount in the form of a percentage (as a fixed spread) of the amount deposited. If the
Client pays in his card currency, the Company will be allowed to charge a fixed spread of 3% for
exotic currencies. In relation to what is called exotic currencies (GBP, USD, EUR, CHF, JPY, CAD, DKK,
AUD), the Company does not charge any conversion fees when the Client pays in these currencies.
18.3. In the event of currency fluctuations, the Company will have no liability for any losses or
damages incurred on the Client.
19.2. All remaining bonuses / promotion credits will be automatically removed from dormant
Accounts. In addition, any pending orders may be deleted.
19.3. Dormant Accounts will be charged with a monthly dormant fee of USD 10 (ten United States
Dollars) or the full amount of the free balance in the Account, if the free balance is less than USD 10
(ten United States Dollars). There will be no charge if the free balance in the Account is zero.
Following the implementation of the dormant fees, the dormant account will automatically be
regarded as archived.
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TERMS AND CONDITIONS
19.4. Accounts with free balance less than USD 10 (or currency equivalent) will be archived
immediately, after a period of six months.
20. Language
20.1. The Company’s official language is the English language and the Client should always read
and refer to the main Website for all information and disclosures about the Company and its
activities. Translation or information provided in languages other than English is for informational
purposes only and do not bind the Company or have any legal effect whatsoever, the Company
having no responsibility or liability regarding the correctness of the information therein.
21.1. The Client shall be able to call the Company within its normal working hours.
21.2. In order to communicate with the Company, the Client may use the contact details of the
Company available on its Website or notified to the Client in any other way.
21.3. In order to communicate with the Client, the Company will use the contact details provided
by the Client whilst opening the Client Account or as updated latter on. Hence, the Client has an
obligation to notify the Company immediately of any change in the Client’s contact details. Should
the Client fail to do so, the Company shall have no liability should any important notices or cheques
issued in his name are lost when sent by the Company at his last know details.
21.4. The following methods of communication are considered as Written Notice from the
Company to the Client: email, Platform’s internal mail, post, commercial courier service, air mail or
the Company’s Website. The following methods of communication are considered as Written Notice
from the Client to the Company: email, post, commercial courier service or air mail or commercial
courier.
21.5. Any Written Notices sent to the Company shall have to be received within the working hours
of the Company. Any Notices received outside the normal working hours shall be treated as being
received the following Business Day.
22.1. You acknowledge that by entering into this Agreement and opening a trading account with
us and using our Online Trading Facility, you will be providing us with personal data within the
meaning of the General Data Protection Regulation (679/2016) or any other similar applicable
law/regulation as may be in force from time to time. You provide your consent to us to process all
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TERMS AND CONDITIONS
such information for the purposes of complying with our legal obligations, performing our
contractual obligations and administering the relationship between you and us. You acknowledge
and agree that this may result in your personal information being sent outside the European
Economic Area (“EEA”). You consent to us processing and disclosing such information in accordance
with this Agreement and our Privacy Policy as published on our website(s), as this may be updated
from time to time.
22.2. We are the Data Controller for the purposes of all applicable Personal Data Protection
Legislation. For all information regarding privacy and data protection as well as for the legal bases
and purposes of the processing of your personal data and other relevant information, please read
the complete terms of our Privacy Policy carefully, before submitting an application for the opening
of a trading account with us.
22.3. Your telephone conversations, e-mails, internet conversations (chat), meetings and other
communications with us, our Associates and/or Third Party Providers will be recorded/maintained
by us for security purposes, in compliance with the Applicable Laws, Rules and/or Regulations,
training purposes as well as to maintain and improve the quality of our Services. Any recordings shall
be and shall remain our sole property and will be accepted by you as conclusive evidence of their
content as recorded by us. You agree that we may deliver copies of transcripts of such recordings to
any court, regulatory or government authority, including without limitation, in disputes which may
arise between you and us. However, technical reasons may prevent us from recording a
conversation, and recordings or transcripts made by us will be securely destroyed in accordance with
our normal practice. Consequently, you should not rely on such recordings to be available.
22.4. Please note that we reserve the right to amend, revise, modify, and/or change our Privacy
Polic(y)ies at any time. Should we decide to make any changes to our Privacy Polic(y)ies, such
changes shall be incorporated into our revised Privacy Polic(y)ies which shall be posted on our
Website. We will use reasonable endeavours to contact you and notify you of any change to how we
hold, process or disclose information, by posting a notice on our Website or sending you an email to
your last known email address. If you do not tell us you object to this change in writing within 60
days of the notice and you continue to maintain the Account after the expiry of this period of notice
then we will regard you as having agreed to it.
23. Amendments
23.1. The Company may upgrade the Client Account, convert Client Account type, upgrade or
replace the Platform or enhance the services offered to the Client if it reasonably considers this is to
the Clients advantage and there is no increased cost to the Client.
23.2. The Company may also change any terms of the Agreement for any of the following reasons:
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TERMS AND CONDITIONS
· the change would make the terms of the Agreement easier to understand or are more
complete; or
(b) To cover:
· the involvement of any service or facility the Company offers to the Client; or
· the withdrawal of a service or facility which has become obsolete, or has ceased to be widely
used, or has not been used by the Client at any time in the previous year, or it has become very
expensive for the Company to offer.
(c) To enable the Company to make reasonable changes to the services offered to the Client as
a result of changes in:
· technology; or
· the systems or Platform used by the Company to run its business or offer the Services
hereunder.
(d) As a result of a request of IFSC or of any other authority or as a result of change or expected
change in Applicable Regulations.
(e) Where the Company finds that any term in the Agreement is inconsistent with Applicable
Regulations. In such a case, it will not rely on that term but treat it as if it did reflect the relevant
Applicable Regulations and shall update the Agreement to reflect the Applicable Regulations.
23.3. The Company may change any of the terms of the Agreement for any serious reason not
listed under paragraph 23.2. Where the Client is a natural person, he shall have the right to object to
the change.
Natural Person
23.4. Where the Client is a natural person, for any change made under paragraphs 23.2. and 23.3.,
the Company shall provide the Client with advance notice of at least 10 Business Days. However, the
Client acknowledges that a change which is made to reflect a change of Applicable Regulations may,
if necessary, take effect immediately.
23.5. Where the Client is a natural person, for any change made under (a), (d) and (e) of
paragraph 23.2., the notice of the Company shall be a Written Notice including a post on the
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TERMS AND CONDITIONS
Company’s Website. For any other change of the Client Agreement the Company, where the
Company elects to provide such Written Notice via a post on the Website, the Company shall also
provide the said Written Notice with an additional means of Written Notice.
23.6. When the Company provides Written Notice to Clients who are natural persons of changes
under paragraphs 23.2. and 23.3. it shall tell the Client the date it comes into effect. The Client shall
be treated as accepting the change on that date unless, before then, the Client informs the Company
that he wishes to object the change. Client shall not have to pay any charges as a result of
terminating in this case, other than costs due and payable for Services offered until the termination.
Legal Entity
23.7. Where the Client is a legal entity the Company shall have the right to amend any terms of
the Agreement for any reason by providing at least five Business Days’ notice to such Client. Notice
shall not have to be personal but may be posted on the Website.
Review of Costs
23.8. Unless differently provided for elsewhere in this Agreement, the Company shall have the
right to review its costs, fees, charges and commissions), from time to time, in its discretion. Such
changes shall be effected on the Platform and/or the Website and the Client is responsible to check
for updates regularly. In the absence of a Force Majeure event, the Company shall be providing the
Client with advance notice on its Website of at least ten Business Days where the Client is natural
person and five Business Days when the Client is a legal person. Premiums may be changed without
prior notice.
24.1. The Client may terminate this Agreement with Written Notice to the Company at any time.
Without prejudice to the Company’s rights under this Agreement to terminate it immediately
without prior notice to the Client, the Company may terminate the Agreement by giving at least 15
Business Days Written Notice to the other Party.
24.2. Termination by any Party will not affect any obligation which has already been incurred by
either Party or any legal rights or obligations which may already have arisen under the Agreement or
any Transactions made hereunder.
24.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will
become immediately due and payable including (but without limitation) all outstanding costs and
any other amounts payable to the Company, any charges and additional expenses incurred or to be
incurred by the Company as a result of the termination of the Agreement.
24.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) the Client will have an obligation close all his Open Positions. If he fails to do so, upon
termination, the Company will close any Open Positions at current prices;
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TERMS AND CONDITIONS
(b) the Company will be entitled to cease to grant the Client access to the Platform(s) or may
limit the functionalities the Client is allowed to use on the Platform(s);
(c) the Company will be entitled to refuse to accept new Orders from the Client;
(d) the Company will be entitled to refuse to the Client to withdraw money from the Client
Account and the Company reserves the right to keep Client’s funds as necessary to close positions
which have already been opened and/or pay any pending obligations of the Client under the
Agreement.
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the
Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(d) The Company has the right to close out the Client’s Open Positions at current prices;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions
from the relevant authorities, if there is Balance in the Client’s favour, the Company will (after
withholding such amounts that in the Company’s absolute discretion considers appropriate in
respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and
supply him with a statement showing how that Balance was arrived at and, where appropriate,
instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be
delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company
will effect payments only to an account in the name of the Client. The Company has the right to
refuse, at its discretion, to effect thirty party payments.
25.1. A Force Majeure Event includes without limitation each of the following:
(a) Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism,
national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity,
economic or political crisis that, in the Company’s opinion, prevents it from maintaining an orderly
market in one or more of the Financial Instruments in respect of which it deals on the Platform;
(b) Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic
or other natural disaster making it impossible for the Company to offer its Services;.
(c) Labour disputes and lock-out which affect the operations of the Company;
(d) Suspension of trading on a market or the liquidation or closure of any market, or the fixing of
minimum or maximum prices for trading on a market to which the Company relates its Quotes, or
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TERMS AND CONDITIONS
the imposition of limits or special or unusual terms on the trading in any such market or a regulatory
ban on the activities of any party (unless the Company has caused that ban), decisions of state
authorities, governing bodies of self-regulating organizations, decisions of governing bodies of
organized trading platforms;
(e) A financial services moratorium having been declared by appropriate regulatory authorities
or any other acts or regulations of any regulatory, governmental, supervisory, regulatory or
supranational body or authority;
(f) Breakdown, failure or malfunction of any electronic, network and communication lines (not
due to the bad faith or wilful default of the Company);
(g) Any event, act or circumstances not reasonably within the Company’s control and the effect
of that event(s) is such that the Company is not in a position to take any reasonable action to cure
the default;
(h) The occurrence of an excessive movement in the level of any transaction and/or Underlying
Asset or Market or the Company’s anticipation (acting reasonably) of the occurrence of such a
movement;
25.2. If the Company determines in its reasonable opinion that a Force Majeure Event exists
(without prejudice to any other rights under the Agreement) the Company may without prior notice
and at any time take any or all of the following steps:
(a) Suspend or modify the application of any or all terms of the Agreement to the extent that
the Force Majeure Event makes it impossible or impractical for the Company to comply with them.
(b) Take or omit to take all such other actions as the Company deems to be reasonably
appropriate in the circumstances with regard to the position of the Company, the Client and other
clients;
(c) Shut down the Platform(s) in case of malfunction for maintenance or to avoid damage;
(d) Cancel any Client Orders and Refuse to accept Orders from Clients to the extent that the
Force Majeure Event makes it impossible or impractical for the Company to comply with them or to
avoid losses to the Client;
(f) Close out any or all Open Positions at such prices as the Company considers in good faith to
be appropriate to avoid losses for the Client;
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TERMS AND CONDITIONS
(g) Increase Spreads, increase Margin requirements, decrease Leverage without notice to avoid
damages.
25.3. Except as expressly provided in this Agreement, the Company will not be liable or have any
responsibility for any type of loss or damage arising out of any failure, interruption, or delay in
performing its obligations under this Agreement where such failure, interruption or delay is due to a
Force Majeure event.
26.1. In the event the Company provides information, recommendations, news, information
relating to transactions, market commentary or research to the Client (or in newsletters which it
may post on its Website or provide to subscribers via its Website or otherwise), 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 such
information given.
26.2. The Company will not be held liable for any loss or damage or expense or loss incurred by
the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or
any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical
problems, system failures and malfunctions, communication line failures, equipment or software
failures or malfunctions, system access issues, system capacity issues, high internet traffic demand,
security breaches and unauthorized access, and other similar computer problems and defects;
(b) Any failure by the Company to perform any of its obligations under the Agreement as a
result of Force Majeure Event or any other cause beyond its control;
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client
prior to the Client’s reporting to the Company of the misuse of his Access Data;
(e) Unauthorized third persons having access to information, including electronic addresses,
electronic communication, personal data and Access Data when the above are transmitted between
the Parties or any other party, using the internet or other network communication facilities, post,
telephone, or any other electronic means;
(f) Any of the risks of the Risks Disclosure and Warnings Notice;
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TERMS AND CONDITIONS
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders;
(m) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized
Representative;
(o) All Orders given through and under the Client’s Access Data;
(p) The contents, correctness, accuracy and completeness of any communication spread by the
use of the Platform(s);
(q) As a result of the Client engaging in social trading, under which the client is automatically
following other traders Orders;
(r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
26.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims,
damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the
execution of the Agreement and/or in relation to the provision of the Services and/or in relation to
the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents
bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
26.4. The Company shall in no circumstances be liable to the Client for any consequential, special,
incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to
subsequent market movements), costs or expenses the Client may suffer in relation to the
Agreement, the provision of the Services or the use of the Platform(s).
26.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the
Company under this Agreement in relation to the particular Client for the Provision of the Services
and use of the Platform(s).
27.1. The Client represents and warrants to the Company the following:
(a) The Client is at least 18 years old, or the age of legal consent for engaging in financial
investment activities under the laws of any jurisdiction that applies to him;
(b) The Client is of sound mind and capable of taking decisions for his own actions;
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TERMS AND CONDITIONS
(c) There are no restrictions on the markets or financial instruments in which any Transactions
will be sent for execution, depending on the Client’s nationality or religion;
(d) All actions performed under the Agreement will not violate any law or rule applicable to the
Client or to the jurisdiction in which the Client is resident, or any agreement by which the Client is
bound or by which any of the Client’s assets or funds are affected;
(e) The Client will not use the IP or the Platform or Website in contravention to this Agreement,
or for unauthorized or unlawful purposes and that he will use the IP, Platform and Website only for
the benefit of his Client Account and not on behalf of any other person;
(f) The Client is duly authorised to enter into the Agreement, to give Orders and to perform its
obligations hereunder;
(g) The Client is the individual who has completed the Account Opening Application Form or, if
the Client is a company, the person who has completed Account Opening Application Form on the
Client’s behalf is duly authorised to do so;
(h) The Client is acting as a principal and not as agent or representative or trustee or custodian
on behalf of someone else. The Client may act on behalf of someone else only if the Company
specifically consents to this in writing and provided all the documents required by the Company for
this purpose are received;
(i) The information provided by the Client to the Company in the Account Opening Application
Form and at any time thereafter is true, accurate and complete and the documents handed over by
the Client are valid and authentic.
(j) The Client has read and fully understood the terms of the Agreement;
(k) The Client funds used for trading are not in any direct or indirect way the proceeds of any
illegal activity or used or intended to be used for terrorist financing;
(l) The Client is not a Politically Exposed Person and does not have any relationship (for
example relative or business associate) with a person who holds or held in the last twelve months a
prominent public position. If the above statement is untrue and in the event that the Client has not
disclosed this already in the Account Opening Application Form, he will inform the Company as soon
as possible will notify the Company if at any stage during the course of this Agreement he becomes a
Politically Exposed Person;
(m) The Client is not from the USA, Cuba, Iran, Syria, Democratic People’s Republic of Korea,
Algeria, Ecuador, Indonesia, Myanmar the Company does not accept Clients from these countries;
(n) He has read and understands the "Risks Disclosure and Warnings Notice” found on the
Website;
(o) The Client consents to the provision of the information of the Agreement by means of a
Website or email;
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TERMS AND CONDITIONS
(p) The Client confirms that he has regular access to the internet and consents to the Company
providing him with information, including, without limitation, information about amendments to the
terms and conditions, costs, fees, this Agreements, policies and information about the nature and
risks of investments by posting such information on the
Website or email. Should the Client wish, he may request for these to be sent by post or fax.
28.1. If the Client wishes to report a complaint, he must send an email to complaints-
[email protected] or with the completed "Complaints Form” found on our Website. The
Company will try to resolve the complaint without undue delay and according to the Company’s
Complaints & Dispute Resolution Policy.
29.2. All transactions on behalf of the Client shall be subject to Applicable Regulations and any
other public authorities which govern the operation of the Belize Investment Firms, as they are
amended or modified from time to time. The Company shall be entitled to take or omit to take any
measures which it considers necessary to ensure compliance with the Applicable Regulations, the
relevant market rules. Any such measures as may be taken shall be binding on the Client.
29.3. All rights and remedies provided to the Company under the Agreement are cumulative and
are not exclusive of any rights or remedies provided by law.
30. Severability
30.1. Should any part of this Agreement be held by any Court of competent jurisdiction to be
unenforceable or illegal or contravene any rule, regulation or by law of any Market or regulator, that
part will be deemed to have been excluded from this Agreement from the beginning, and this
Agreement will be interpreted and enforced as though the provision had never been included and
the legality or enforceability of the remaining provisions of the Agreement or the legality, validity or
enforceability of this provision in accordance with the law and/or regulation of any other
jurisdiction, shall not be affected.
31.1. Either Party’s failure to seek redress for violations, or to insist upon strict performance, of
any condition or provision of this Agreement, or its failure to exercise any or part of any of right or
remedy to which that Party is entitled under this Agreement, shall not constitute an implied waiver
thereof.
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TERMS AND CONDITIONS
32. Assignment
32.1. The Company may at any time sell, transfer, assign or novate to a third party any or all of its
rights, benefits or obligations under this Agreement or the performance of the entire Agreement
subject to providing 15 Business Days prior Written Notice to the Client. This may be done without
limitation in the event of merger or acquisition of the Company with a third party, reorganisation of
the Company, winding up of the Company, lapse of its IF license or sale or transfer of all or part of
the business or the assets of the Company to a third party.
32.2. It is agreed and understood that in the event of transfer, assignment or novation described
in paragraph 34.1 above, the Company shall have the right to disclose and/or transfer all Client
Information (including without limitation personal data, recording, correspondence, due diligence
and client identification documents, files and records, the Client trading history) transfer the Client
Account and the Client Money as required, subject to providing 15 Business Days prior Written
Notice to the Client.
32.3. The Client may not transfer, assign, charge, novate or otherwise transfer or purport to do so
the Client’s rights or obligations under the Agreement.
33.1. The Company may in certain cases accept an Authorized Representative on behalf of the
Client to place Orders to the Company or to handle any other matters related to the Client Account
or this Agreement, provided the Client notifies the Company in writing of the appointment of an
Authorized Representative and this person is approved by the Company fulfilling all of the Company
specifications for this.
33.2. Unless the Company receives a written notification from the Client for the termination of
the authorisation of Authorized Representative, the Company, without prejudice to paragraph 36.4
herein below, has the right to continue accepting Orders and/ or other instructions relating to the
Client Account by the Authorized Representative on the Client’s behalf and the Client will recognize
such orders as valid and committing to him.
33.3. The written notification for the termination of the authorization of the Authorized
Representative has to be received by the Company with at least 5 days’ notice prior the termination
of the authorization date.
33.4. The Company has the right (but NOT an obligation to the Client) to refuse to accept Orders
and/ or other instructions relating to the Client Account from the Authorized Representative in any
of the following cases:
(a) if the Company reasonably suspects that the Authorized Representative is not legally
allowed or properly authorized to act as such;
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TERMS AND CONDITIONS
(c) in order for the Company to ensure compliance with the relevant market rules and or
practices, Applicable Regulations or other applicable laws; or
34.1. Where the Client comprises two or more persons, the liabilities and obligations under the
Agreement shall be joint and several. Any warning or other notice given to one of the persons which
form the Client shall be deemed to have been given to all the persons who form the Client. Any
Order given by one of the persons who form the Client shall be deemed to have been given by all the
persons who form the Client.
34.2. In the event of the death or mental incapacity of one of the persons who form the Client, all
funds held by the Company or its Nominee, will be for the benefit and at the order of the survivor(s)
and all obligations and liabilities owed to the Company will be owed by such survivor(s).
35.1. The provision of the Services by the Company is subject to payment of fees found on the
Company’s fee schedule on the Platform and/or the Website (as the case may be).
35.2. It is agreed and understood that the Client shall be solely responsible for all filings, tax
returns and reports which should be made to any relevant authority, whether governmental or
otherwise, and for payment of all taxes (including but not limited to any transfer or value added
taxes), arising out of or in connection with his trading activity with the Company hereunder.
35.3. The Client undertakes to pay all applicable stamp expenses relating to this Agreement and
any documentation which may be required for the currying out of the transactions under this
Agreement.
35.4. Should the Company pay or receive any fees or inducements for the introduction of the
Client, it shall notify the Client according to Applicable Regulations.
36.1. The company offers various types of Bonus Programs from time to time. Each of them had
different characteristics, criteria, and requirements that must be met in order for you to be able to
get a Bonus. We strongly recommended that you read the characteristics of each Bonus Program
and make sure you understand and agree with the Terms and Conditions of each Bonus. Any bonus
or similar benefits provided by the Company from time to time should only be used for trading
purposes and may not be exchanged for cash.
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TERMS AND CONDITIONS
36.2. By accepting the 'Clients Agreement -Terms and Conditions ' you automatically accept any
current or future Bonus / Promotion’s Terms and Conditions the Company may offer from time to
time.
36.3. For more information regarding our Bonus Programs and Promotions please go to our
website at: www.scopemarkets.com
36.4. The Company reserves the right to revoke or change the offers at any time without prior
notice.
DEFINITIONS
"Access Data” shall mean the Login and Password of the Client, which are required so as to have
access on and use the Platform(s) and the telephone password and Client Account number, which
are required so as to place Orders via phone and any other secret codes issued by the Company to
the Client.
"Account Opening Application Form” shall mean the online application form completed by the Client
in order to apply for the Company’s Services under this Agreement and a Client Account, via which
form the Company will obtain amongst other things information for the Client’s identification and
due diligence 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 direct or the presence of ground to manage the affairs
of the Company or entity.
"Applicable Regulations” shall mean (a) IFSC Rules or any other rules of a relevant regulatory
authority having powers over the Company; (b) the Rules of the relevant Market; and (c) all other
applicable laws, rules and regulations of Belize.
"Ask” shall mean the higher price in a Quote at which the price the Client may buy.
"Authorised Representative” shall mean the person of paragraph 33.1. of the Client Agreement.
"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.
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TERMS AND CONDITIONS
"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 other Belize or international holidays to be announced on the Company’s
Website.
"Client Account” shall mean the unique personalised account of the Client consisting of all
Completed Transactions, Open Positions and Orders in the Platform, the Balance of the Client money
and deposit/withdrawal transactions of the Client money. Our Website and communication may use
the term trading account or account, which mean Client Account.
"Completed Transaction” in a CFD shall mean two counter deals of the same size (opening a position
and closing a position): buy then sell and vice versa.
"Contract for Differences” ("CFD”) shall mean a contract, which is a contract for differences by
reference to variations in the price of an Underlying Asset. A CFD is a Financial Instrument under the
Law.
"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.
"IFSC” shall mean the Belize Securities and Exchange Commission, which is the Company’s
supervisory authority.
"IFSC Rules” shall mean the Rules, Regulations, Guidance notes, opinions or recommendations of
IFSC.
"Equity” shall mean the Balance plus or minus any Floating Profit or Loss that derives from an Open
Position and shall be calculated as: Equity = Balance + Floating Profit - Floating Loss.
"Essential Details” shall mean the required details in order for the Company to be able to place the
Order for example but not limited to Opening Position/Closing Position/Cancelling/Amending, the
Underlying Asset, style/name of the Order, volume, market direction, price, validity, Stop Loss/Take
Profit (if desired).
"Event of Default” shall have the meaning given in paragraph 14.1. of the Client Agreement.
"Expert Advisor” shall mean a mechanical online trading system designed to automate trading
activities on an electronic trading platform such as the Company’s Platform. It can be programmed
to alert the Client of a trading opportunity and can also trade his Client Account automatically
managing all aspects of trading operations from sending orders directly to the Platform to
automatically adjusting stop loss, trailing stops and take profit levels.
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TERMS AND CONDITIONS
"Financial Instrument” shall mean the Financial Instruments under the Company’s IF license which
can be found on our Website.
"Floating Profit/Loss” in a CFD shall mean current profit/loss on Open Positions calculated at the
current Quotes (added any commissions or fees if applicable).
"Force Majeure Event” shall have the meaning as set out in paragraph 27.1. of the Client Agreement.
"Free Margin” shall mean the amount of funds available in the Client Account, which may be used to
open a position or maintain an Open Position. Free Margin shall be calculated as: Equity less (minus)
Necessary Margin [Free margin = Equity- Necessary Margin].
"Hedged Margin” for CFD trading shall mean the necessary margin required by the Company so as to
open and maintain Matched Positions.
"Initial Margin” for CFD trading shall mean the necessary margin required by the Company so as to
open a position.
"Long Position” for CFD trading shall mean a buy position that appreciates in value if underlying
market prices increase. For example, in respect of Currency Pairs: buying the Base Currency against
the Quote Currency.
"Lot” shall mean a unit measuring the Transaction amount specified for each Underlying Asset of a
CFD.
"Lot Size” shall mean the number Underlying Assets in one Lot in a CFD.
"Margin” shall mean the necessary guarantee funds so as to open or maintain Open Positions in a
CFD Transaction.
"Margin Call” shall mean the situation when the Company informs the Client to deposit additional
Margin when the Client does not have enough Margin to open or maintain open positions.
"Margin Level” for CFD trading shall mean the percentage of Equity to Necessary Margin ratio. It is
calculated as: Margin Level = (Equity / Necessary Margin) x 100%.
"Margin Trading” for CFD trading shall mean Leverage trading when the Client may make
Transactions having less funds on the Client Account in comparison with the Transaction Size.
"Matched Positions” for CFD trading shall mean Long and Short Positions of the same Transaction
Size opened on the Client Account for the same CFD.
"Necessary Margin” for CFD trading shall mean the necessary margin required by the Company so as
to maintain Open Positions.
"Normal Market Size” for CFD trading shall mean the maximum number of units of the Underlying
Asset that are transmitted by the Company for execution.
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TERMS AND CONDITIONS
"Open Position” shall mean any open contract (call and / or put) which has not been closed. In
relation to CFD trading this may be a Long Position or a Short Position which is not a Completed
Transaction.
"Parties” shall mean the parties to this Client Agreement - i.e. the Company and the Client.
"Platform” shall mean the electronic mechanism operated and maintained by the Company
consisting of a trading platform, computer devices, software, databases, telecommunication
hardware, programs and technical facilities, which facilitates trading activity of the Client in Financial
Instruments via the Client Account. It is understood that the Company may use different Platforms
depending on the Financial Instrument.
A) natural persons who are or have been entrusted with prominent public functions, which
means: heads of State, heads of government, ministers and deputy or assistant ministers; members
of parliaments; members of supreme courts, of constitutional courts or of other high-level judicial
bodies whose decisions are not subject to further appeal, except in exceptional circumstances;
members of courts of auditors or of the boards of central banks; ambassadors, charges d’affaires
and high-ranking officers in the armed forces; members of the administrative, management or
supervisory bodies of State-owned enterprises. None of the categories set out in the above shall be
understood as covering middle ranking or more junior officials. Further, where a person has ceased
to be entrusted with a prominent public function within the meaning of the above definition for a
period of at least one year in any country, such persons shall not be considered a Politically Exposed
Person.
B) The immediate family members of such persons as set out under definition A, which means:
the spouse; any partner considered by national law as equivalent to the spouse; the children and
their spouses or partners; and the parents.
C) Persons known to be close associates of such persons as set out under definition A, which
means: any natural person who is known to have joint beneficial ownership of legal entities or legal
arrangements, or any other close business relations, with a person referred to in definition A; any
natural person who has sole beneficial ownership of a legal entity or legal arrangement which is
known to have been set up for the benefit de facto of the person referred to in definition A.
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