This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between FURTHER HELP INVESTMENTS NIGERIA LTD, with company No. 68, and registered at: 25 Igbobi Sabe Street Jibowu Yaba Lagos Nigeria (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Member”) of www.aoeinvestorsclub.com (hereinafter referred as the “Website”).

The Member confirms that he/she has read, understood and accepted all information, conditions and terms set out on the Website which are open to be reviewed and can be examined by the public and which include important legal Information.

By accepting this Agreement, the Member agrees and irrevocably accepts the terms and conditions contained in this Agreement, its annexes and/or appendices as well as other documentation/information published on the Website, including without limitation to the Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct and Anti-Money Laundering Policy. The Member accepts this Agreement by registering an Account on the Website and depositing funds. By accepting the Agreement, and subject to the Company’s final approval, the Member enters into a legal and binding agreement with the Company.

The terms of this Agreement shall be considered accepted unconditionally by the Member upon the Company’s receipt of an investment fund made by the Member. As soon as the Company receives the Member's investment, every operation made by the Member shall be subject to the terms of this Agreement and other documentation/information on the Website.

The Member hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on the Website, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance with the terms and conditions of this Agreement and other documentation/information on the Website.

By accepting this current agreement, the Member confirms that he/she is able to receive information, including amendments to the present Agreement either via email or through the Website.

1. Terms

Account – means unique personified account registered in the name of the Member and which contains all of the Member’s transactions/operations on the Website.

Services – means the services described in section 3 of this Agreement.

2. Subject of the Agreement

The subject of the Agreement shall be the provision of Services to the Member by the Company under the Agreement and through the Website.

Subject to the provisions of this Agreement, the Company agrees to provide the Member with the Services subject to the Member:

1. Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
2. Not residing in any country where provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Member’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.

The Company will offer Services to the Member at the absolute discretion of the Company subject to the provisions of this Agreement.

3. Services of the Company

Services – services provided by the Company to the Member through the Website of the Company, including without limitation to customer, general investment, news and marketing information services.

The Company shall not be financially liable for any operations conducted by the Member through the Account and/or on the Website.

Each Member shall be the only authorized user of the Company’s services and of the corresponding Account. The Member is granted an exclusive and non-assignable right to the use of and to access the Account and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to and/or invest through the Account assigned to her/him.

The Member shall be liable for all orders given through his security information and any orders received in this manner by the Company shall be considered to have been given by the Member. So long as any orders are submitted through the Account of a Member, the Company shall reasonably assume that such orders are submitted by Member and the Company shall not be under any obligation to investigate further into the matter. The Company shall not be liable to and/or does not maintain any legal relations with, any third party other than the Member.

If the Member acts on behalf of any third party and/or on behalf of any third party’s name, the Company shall not accept this person as a Member and shall not be liable before this person regardless if such person was identified or not.

It is understood and agreed by the Member that the Company may from time to time, at its sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of receiving payment execution services. These funds will be held in segregated accounts from such third party’s own funds and will not affect the rights of the Member to such funds.

4. Limitation of Liability

The Company does not guarantee that investment will be profitable, uninterrupted service, safe and errors-free, and immunity from unauthorized access to the trading sites' servers nor disruptions caused from damages, malfunctions or failures in hardware, software, communications and systems in the Member's computers and in the Company's suppliers.

Supplying services by the Company depends, inter alia, on third parties and the Company bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to the Member and/or third party as a result of and/or in relation to any aforesaid action or omission.

The Company will bear no responsibility for any damage of any kind allegedly caused to the Member, which involves force majeure or any such event that the Company has no control of and which has influenced the accessibility of its account.

Under no circumstances will the Company or its Agent(s) hold responsibility for direct or indirect damage of any kind, even if the Company or its Agent(s) had been notified of the possibility of aforesaid damages.

5. Settlement of Transactions

The Company shall proceed to a settlement of all transactions upon execution of such transactions.

6. Rights, Obligations and Guarantees of the Parties

The Member shall be entitled to:

1. Submit with the Company any order requesting the execution of a transaction/Operation on the Website in accordance with and subject to the terms and conditions of this Agreement;
2. Request withdrawal of any amounts subject and in accordance with the Withdrawal Policy, and provided that the Company has no claims against the Member and/or the Member does not have any outstanding debts to the Company;
3. In the event that the Member has any alleged complaint against the Company and/or there is any dispute between the Member and the Company, then the Member can submit his/her complaint, to include all relevant particular and details, to the Company at info@aoeinvestorsclub.com. The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Member within a reasonable amount of time but not later than 3 months from the date of acknowledging receipt of the complaint.
4. Unilaterally terminate the Agreement provided that there is no debt outstanding from the Member toward the Company and such termination is made in accordance with section 17 herein.

The Member:

1. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.
2. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement
3. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;
4. Shall be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Member;
5. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d sub-paragraph b, herein have been breached.
6. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Member from time to time.
7. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorised parties.
8. Shall notify the Company of any changes of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect.
9. Shall register only 1 (one) Account with the Company. In case that the Member owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion, and funds deposited and maintained therein shall not be considered/treated as financial obligation of the Company towards the Member.
10. Shall indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Member’s personal data.
11. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Member regarding any performed transactions/Operations, including but not limited to revenue/income tax.
12. Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third party unauthorized access to/view of the Member’s information/personal data. The Member hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure.
13. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Member if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction.
14. Acknowledges that the Company prohibits third party or anonymous payments into the Member’s Account. Only funds sent from an account held in the Member’s name and belonging to the Member are acceptable. The Company reserves the right at its discretion, if it has identified third party or anonymous deposits, to block the Account. The Member should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Member using third party or anonymous funds will not be made available to the Member.
15. Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Member's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Member may suffer due to such deficiencies.
16. Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Member of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Member.
17. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Member and if no date is specified, then on the date of receipt of the notice.
18. The Member understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Member does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Member of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Member to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Member of the contents of the amendment and of the Agreement as amended.
19. The Member understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website and in the event of a dispute the latest version shall prevail.
20. In case the Member does not agree with the amendments, the Member shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.

The Member hereby warrants and represents to the Company that he/she:

1. Is not residing in any country where distribution or provision of financial products or services offered by the Club would be contrary to local law or regulations.
2. Is responsible to ascertain the terms of and shall comply with, any and all applicable local laws and/or regulations to which he/she is subject to.
3. Has the legal capacity/competence, is of sound mind and has reached the age of maturity in the country which he is resident or citizen;
4. Is not under any legal disability with respect to, and is not subject to any laws or regulations which prevent his/her performance of this Agreement or any contract or transaction contemplated by this Agreement.
5. The Member acts as principal and not as an authorized representative / attorney or trustee of any third party.
6. The monetary funds and/or financial instruments and other assets delivered for any purpose by the Member to the Company are not connected directly or indirectly to any illegal and/or criminal activities and/or terrorism.
7. The monetary funds and/or financial instruments and other assets delivered for any purpose by the Member to the Company, shall belong exclusively to the Member and at all times be free from any charge, lien, pledge or encumbrance, unless the Member has otherwise disclosed to the Company in writing.
8. The financial instruments, information and/or legal documents, which the Member delivers to the Company are authentic, valid and free of any defect and they shall have the legal effect which they contend to have.
9. The Member certifies that he has provided accurate, complete and true information about himself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in Account closure, Account limitations and/or voiding of any transactions.
10. The Member will provide KYC documents to the Company within a period not exceeding 7 days from the moment of depositing funds.
11. The Member confirms that the purpose and reason for registering and operating an Account is to invest, on his/her personal/own behalf, in any financial instruments and to take advantage of the Services offered by the Company. The Member warrants that should the reason for operating an Account change, he/she will inform the Company immediately.
12. The Member warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or upon the execution of any transaction/Operation and/or trade, through the Account and the provision of the Services.

The Company shall be entitled to:

1. Modify the size of the value of the Company’s financial obligations to the Member with changes of the appropriate entry of the trade operations register in case of violation of one or several provisions of the Agreement herein by the Member.
2. Contact the Member with any question concerning the Agreement herein, including, in order to clarify the Member's intentions regarding his/her actions through the Account.
3. Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Member. The Company shall notify the Member of any such changes through the Website and/or by the delivery of an email to the Member.
4. Engage third parties with a view to cooperate in order to facilitate and/or enhance any and/or the provision of, the Services under this Agreement.
5. With regard to any matters and/or obligations that are not covered by this Agreement, the Company shall act accordingly upon its own discretion but at all times in accordance with business custom and existing practices within the line of the Services.

Obligations of the Company:

1. Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Member is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, the Company shall offer the Services through the Website;
2. To fulfill provisions of the Agreement herein.
7. Indemnity and Liability

The Member shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Member in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Member in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.

The Company shall not be liable for any direct and/or indirect loss, expense, cost or liability incurred by the Member in relation to this Agreement, unless such loss, expense, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Member whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.

The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Member could have been increased or for any decrease in the value of the financial instruments of the Member, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.

The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment or any act done or which the Company has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.

The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of the Member or with or through whom transactions on behalf of the Member are carried out.

8. Personal Data

By accepting the terms and conditions of this Agreement, the Member irrevocably consents to the collection and processing of his/her personal data/information by the Company without the use of automatic controls, as the same are provided by him/her to the Company. The term personal data for the purposes of this Agreement shall mean: the Name, Surname, Patronymic, gender, address, phone number, e-mail, IP address of the Member, Cookies and information that relate to the provision of Services to the Member (for example, the Member’s trading story).

The Member shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.

The purpose of collecting and processing the personal data is to comply with applicable regulating legislation requirements, including without limitation to anti-money laundering regulations, as well as for any and all purposes in relation to this Agreement, including without limitation to enable the Company to discharge its obligations towards the Member.

The Member acknowledges and consents to that, for the purposes described at the section directly above, the Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy such personal data and/or perform any other actions according to the current regulating legislation.

The Member acknowledges and consents to the Company storing, maintaining and processing his/her personal data in the manner as described in this Agreement during the term of the Agreement and for 5 years following any termination of the Agreement.

The Member hereby acknowledges, accepts, agrees and consents to the disclosure of personal data by the Company to third parties and their representatives, solely for the purposes of the Agreement, including without limitation in order to facilitate processing/execution of the Client’s orders/Operations, provided that at all times (i) the amount of personal data to be disclosed to any such third party is proportionate and/or limited solely to facilitate to the actions as described above, and (ii) the Company shall ensure that such third party shall treat the personal data in accordance with applicable laws and regulations.

The Company shall not be entitled to make available the personal data in public and/or disclose such personal data for any other purposes, subject to disclosure required under applicable laws and regulations.

During processing of the personal data, the Company shall take necessary legal, organizational and technical measures to protect such personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from any other illegal actions.

9. Assignment

The Agreement shall be personal to the Member and the Member shall not be entitled to assign or transfer any of his/her rights or obligations under this Agreement.

The Company may at any time assign or transfer any of its rights or obligations under this Agreement to a third party. The Company shall notify the Member of any such assignment.

10. Risk Statement

The Club’s fund is invested in equity. As with all collective equity investment schemes, an investment in the Club:

• Does not guarantee returns.
• Is not insured or guaranteed by a bank
• May give back less than what is invest if investment is divested in less than 3 years.
• If you don’t accept this reality, please don’t join.

Anyone who tells you otherwise is committing a crime.

The Member hereby confirms to have read, understood and hereby accepts the risk statement relating to the use of Services on the Website, as the same is available electronically via the Website.

By accepting this Agreement the Member accepts that the Member has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Financial Instruments and/or Service(s) which can be found in our Risk Disclosure.

11. Charges and Fees

The Company shall be entitled to receive a fee from the Member regarding the Service(s), provided by the Company.

The Company may pay fee/commission to business introducers, referring agents, or other third parties based on written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters

The Company may pay fee/commission to business introducers, referring agents, or other third parties based on written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters. All applicable fees or charges can be found on the Company’s Website (General Fees). The Company has the right to amend its fees and charges from time to time.

Ongoing trading fees including inter alia swaps shall be charged and deducted from the Member’s relevant position’s profit and loss. In case the Member’s position equity does not maintain enough funds to provide for it, trading fees shall be deducted directly from the client’s account balance.

The Member agrees that any amounts sent by the Member will be deposited to the Account at the value on the date of the payment received and net of any charges / fees charged by the bank or any other intermediary involved in such transaction process and/or in any other case, the Member shall authorize the Company to withdraw the fee by way of transfer from the Member’s Account.

12. Governing Law

The terms and conditions of this Agreement as well as any matters pertaining to this agreement, including without limitation to matters of interpretation and/or disputes, shall be governed by the laws of Lagos State.

The Company and the Members irrevocably submit to the jurisdiction of the courts of Lagos State

The Company shall be entitled to use the interpreter's’ services during the court trial in case of dealing with disputable situation according to the legislation of Lagos State.

13. Duration and Termination of the Agreement

The Agreement herein shall be concluded for an indefinite term.

The Agreement herein shall come into force when the Member accepts the Agreement and makes an investment in the Company.

In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.

The Agreement may be terminated in any of the following circumstances:

1. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice. During the 15 days notice, the Company may limit the services available to the Member, however access will be granted in order for the Member to withdraw any remaining balance.
2. The Company shall be entitled to terminate this Agreement, block the Member’s account, and return any remaining funds (if applicable) immediately and without giving prior notice under the following circumstances:
1. Death or legal incompetence of the Member.
2. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Member are taken.
3. The Member violates or the Company has reasonable grounds to believe that the Member violated, any of the Member’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
4. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Member has not reached the age of maturity in the country which he is resident or citizen, as applicable.
5. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Member is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
6. The Company has suspicion based on available information that the Member:
1. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
2. Has illegally and/or improperly and/or unfairly and/or otherwise gained an unfair advantage, over and/or to the detriment of (i) other Members of the Company and/or (ii) the Company;
3. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Member to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorised the use of such information by the Member for the purposes of this Agreement; and/or
4. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
5. Has acted in bad faith during the performance of his obligations under the Agreement.
7. The Member being guilty or the Company has suspicions that the Member is guilty, of malicious conduct or gross negligence or fraud or of using fraudulent means or was involved in fraud scheme in relation to the performance of this Agreement.
8. The termination is required under applicable law.
9. In case the Member receives 2 warnings regarding verbal abuse against employees of the Company.
10. If the Member didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
11. In case the Member uses and/or there are indications that lead the Company to reasonably believe that the Member uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Member has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
12. The Member has initiated a chargeback in relation to the funds held in the Member’s Account.
13. Where the Company identifies that the Member is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other Members of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform. xv. Where the Company identifies that the Member’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Member and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
    The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Member fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
    In case of termination of this Agreement for a reason indicated in section 15.b of this Agreement, the Company shall have no liability towards the Member and no obligation to pay the profit of the Member (if any).
    In case of termination of this Agreement for a reason indicated in sections 15a of this Agreement, the Company shall have either to wire to the Member the remaining balance or to give to the Member the opportunity to withdraw his/her remaining balance. In case of termination of this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall have to wire to the Member the remaining balance excluding any profit.
14. Technical Regulation
1. The Member’s Responsibility

The Member acknowledges that these General Terms is as an integral part of this Agreement.

It is the Member's responsibility to verify that all transactions and Service(s) received are not contradictory to any applicable law and to undertake any other legal duty emanating from the use of Website at the Member’s sole option, discretion and risk, and the Member is solely responsible for ascertaining whether it is legal in the Member's jurisdiction and/or place of residence. The Member holds sole liability for all transactions in his Trading Account, including all cards transactions or other means of deposit and withdrawal transactions (as stated below).

The Member is responsible for securing his/her Username and Password for his Trading Account. The Member holds sole responsibility for any damage caused due to any act or omission of the Member causing inappropriate or irregular use of the Member Account.

It is clearly stated and agreed by the Member that the Member bears sole responsibility for any decision made and/or to be made by the Member relying on the content of the Website and no claim and/or suit of any kind will arise to that effect against the Company and/or its directors and/or employees and/or functionaries and/or Agents (the Company and/or its Agents). The Company and/or its Agents will hold no responsibility for loss of profits due to and/or related to the Website, Transactions carried out by the Member, Services and the General Terms of use or any other damages, including special damages and/or indirect damages or circumstantial damages caused, except in the event of malicious acts made by the Company.

Without limitation of the aforesaid and only in the event of definitive judgment by court or other authorized legal institution resolving that the Company and/or its Agent(s) hold liability towards the Member or third party, the Company's liability, in any event, will be limited to the amount of money deposited and/or transferred by the Member to the Trading Account in respect of the transaction which caused the liability of the Company and/or its Agent(s) (if such was caused).

No Trading Account will be approved without the completion of the Company’s compliance procedures, including the identification and verification of the Account.

2. Financial Information

The Company should not be held responsible for any losses that the Member may incur (or to third party) due to reliance on inaccurate or erroneous financial information on the Website.

The Member should verify the accuracy and reliability of the information on the Website and its appropriateness in comparison with other dependable information sources. The Company will not be held responsible for any allegedly caused claim, cost, loss or damage of any kind as a result of information offered on the Website or due to information sources used by the Website.

The Member approves and accepts that any oral information given to him/her in respect of his Trading Account might be partial and unverified. The Member accepts sole risk and responsibility for any reliance on the aforementioned information. The Company does not give any warranty that pricing or other information supplied by it through its trading software or any other form is correct or that it reflects current market conditions.

15. Copyright

Copyrights and Intellectual Property (IP) on the Website are the Company's property or of third parties which have authorized the Company to use such IP on the Website and Service(s). It is forbidden to copy, distribute, duplicate, present in public, or deliver the copyrighted material, in whole or in part, to third parties. It is forbidden to alter, advertise, broadcast, transfer, sell, distribute or make any commercial use of the copyrighted material, in whole or in part, except with duly signed prior permission from the Company.

Unless explicitly stated otherwise, any material and/or message, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments (hereinafter – “Information”) delivered to the Company shall not be considered the Member's confidential or proprietary right of. Consent to the Agreement will be considered as authorization to the Company to use the entire Members' Information (excluding Members' Information designated for personal identification), at the absolute and sole discretion of the Company without requirement of any additional permission from the Member and/or the payment of any compensation due to such use.

Member undertakes that any notice, message or any other material supplied by the Member shall be appropriate and shall not harm other persons including their proprietary rights. Member shall refrain from uploading or sending any illegal and/or harmful and/or disturbing to other Members material, and is strictly forbidden from taking any action, which might damage the Company.

16. Content and Third Parties’ Websites

The Website might include general information, news, comments, quotes and other information related to financial markets and/or advertising. Some information is supplied to the Website by unaffiliated companies.

The Company does not provide investment research. All news, comments, quotes and other information related to financial markets published by the Company are of promotional/marketing nature only.

The Company does not prepare, edit or promote the information/links and/or other information provided by unaffiliated companies.

The Company will not be liable for the content of any third-party websites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship on those websites. The hyperlinks to other websites are provided for information purposes only. Any Member and/or potential Member use any such links at his/her own risk.

17. Fraud

In the event that the Company has reasonable suspicion to believe and/or comes to its attention that the Member has acted fraudulently with regard to the subject matter of the Agreement, including without limitation to the following occurrences:

Fraud associated with credit card transactions and other ways to fill a balance that does not belong to the Member.