Borsa Prime is a prominent and innovative financial institution, renowned for offering a comprehensive range of services within global capital markets. Our diverse portfolio includes leveraged trading, foreign exchange (forex), futures, contracts for difference (CFDs), commodities, corporate finance, and stock trading, providing a broad spectrum of investment opportunities for clients worldwide.\n
At Borsa Prime, we distinguish ourselves by leveraging cutting-edge technological infrastructure to ensure fast, secure, and seamless trading experiences. Our commitment to continuous innovation in product development enables us to stay ahead in the ever-evolving financial landscape. We cater to the diverse needs of individual investors, corporations, and institutional clients, offering tailored solutions designed to meet specific financial goals.\n
As one of the World's leading and dynamic investment institutions, Borsa Prime is committed to maintaining its position at the forefront of the industry. We are driven by a customer-centric approach, delivering reliable, effective, and timely financial solutions that empower our clients to achieve success in global markets.\n
With a focus on transparency, trust, and efficiency, we strive to build long-lasting relationships with our clients, ensuring that they receive the highest level of service and support in navigating the complexities of the modern financial world. Whether you are an experienced trader or a new investor, Borsa Prime is your trusted partner in achieving your financial objectives.
","AboutBrandContentTr":"Borsa Prime is a prominent and innovative financial institution, renowned for offering a comprehensive range of services within global capital markets. Our diverse portfolio includes leveraged trading, foreign exchange (forex), futures, contracts for difference (CFDs), commodities, corporate finance, and stock trading, providing a broad spectrum of investment opportunities for clients worldwide.\n
At Borsa Prime, we distinguish ourselves by leveraging cutting-edge technological infrastructure to ensure fast, secure, and seamless trading experiences. Our commitment to continuous innovation in product development enables us to stay ahead in the ever-evolving financial landscape. We cater to the diverse needs of individual investors, corporations, and institutional clients, offering tailored solutions designed to meet specific financial goals.\n
As one of the World's leading and dynamic investment institutions, Borsa Prime is committed to maintaining its position at the forefront of the industry. We are driven by a customer-centric approach, delivering reliable, effective, and timely financial solutions that empower our clients to achieve success in global markets.\n
With a focus on transparency, trust, and efficiency, we strive to build long-lasting relationships with our clients, ensuring that they receive the highest level of service and support in navigating the complexities of the modern financial world. Whether you are an experienced trader or a new investor, Borsa Prime is your trusted partner in achieving your financial objectives.
TERMS AND CONDITIONS AGREEMENT
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1. INTRODUCTION
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1.1 Borsa Prime (hereinafter, the “Borsa\n Prime” or the “Company” or “its” or “Firm”, is a Marshall Islands Investment\n Firm registered and incorporated in Marshall Islands and is governed by the\n laws and regulations of Marshall Islands.
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1.2 These Terms and Conditions form part of\n the Client Agreement which is a document governs the relationship between the\n Client (hereinafter, “He/She” or “his/her” or “him/her”) and Borsa Prime.
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1.3 The Company’s business office is at Regency\n Complex Ajeltake Road, Ajeltake Island Majuro, Marshall Islands.
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1.4 The Client understands that he/she\n should take sufficient time to carefully read and accept these Terms and\n Conditions contained in this Agreement of the Company and refer to the Legal\n Documents provided in the Company’s official website for any additional\n information.
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1.5 If the Client does not understand or\n have objections to any of these Terms and Conditions, or any part thereof,\n and/or if the Client does not agree to be bound by these Terms and Conditions,\n he/she shall contact the Company in writing immediately prior the opening of a\n trading account.
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2. ACKNOWLEDGEMENT
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2.1 The Client acknowledges that he/she\n took sufficient time to carefully read and understood these Terms and\n Conditions, as amended from time to time, in addition to any Legal Documents\n provided in the Company’s official website.
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2.2 By accepting these Terms and\n Conditions, which form part of the Client Agreement, the Client enters into a\n binding legal agreement with the Firm.
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2.3 The Client acknowledges that the\n Company’s official language is English, and the acceptance of the Terms and\n Conditions shall constitute a binding legal agreement with the Company.
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2.4 If the Client’s signature or\n acknowledgement is required or requested with respect to any such document and\n the Client “clicks” in the appropriate “accept/agree/submit” button, the Client\n will be deemed to have “signed” and/or acknowledged the document to the same\n extent and with the same effect as if he/she had signed the document manually.\n To the extent permitted under applicable mandatory Law, the Client hereby\n waives any rights or requirements under any applicable laws, rules and/or\n regulations in any jurisdiction which require an original (non-electronic)\n signature or delivery or retention of non-electronic records.
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2.5 The Client hereby expressly\n acknowledges his/her understanding that he/has the right to withdraw his/her\n consent to the electronic delivery and signature of documents at any time by\n providing prior written notice to us. However, if the Client revokes his/her\n consent, his/her access to an/or use of the Client’s Online Trading Facility\n may be restricted or terminated at the Company’s sole discretion and without\n any obligation on the Client’s end to provide the Company with any explanation\n and/or justification thereof.
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2.6 A copy of this Agreement may be printed\n and retained in your files.
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3. SCOPE OF THE TERMS AND CONDITIONS OF\n BUSINESS
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3.1 The Terms and Conditions govern all the\n actions that relate to the execution of the Client’ orders.
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3.2 The Terms and Conditions are\n non-negotiable and override any other previous agreements, arrangements,\n express or implied statements made by us; and that any acts, omissions or\n representations (oral or otherwise) made by the Client or the Company,\n including any the Company’s employees with whom the Client may have dealt,\n shall not amend or take priority over the Agreement.
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3.3 This Agreement includes, in addition to\n any Appendices and the “Account Opening Application Form” completed by the\n Client through the Company’s website, any information provided to the Company\n during the registration procedure.
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4. COMMENCEMENT, DURATION OF THE AGREEMENT\n AND RIGHT TO WITHDRAW FROM THE AGREEMENT
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4.1 The Agreement shall commerce once we\n have informed you about your account being activated. This is, once we have\n completed due diligence and satisfied our requirements in terms of\n “Know-Your-Client” procedures.
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4.2 You have the right to withdraw from the\n Agreement without penalty and without giving any reason by giving the Company\n written notice within the first three (3) calendar days from the date the\n account is activated. The Company will return to the Client any amount he/she\n has transferred to the Company after deducting any fees for the withdrawal of\n funds, as they apply from time to time, subject to the fact that the Client has\n not entered into any trades in the Company’s platform(s).
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4.3 If the Agreement has not been\n withdrawn, it will remain effective until its termination, in accordance with\n the provisions contained in the “Termination” section of this document.
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5. SERVICES
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5.1 Subject to the Clients’ obligations\n under the Legal documents being fulfilled, the Company may at its discretion\n offer the following investment services to the Client: a) Reception and\n transmission of Orders in any type of financial instrument offered by the\n Company; and b) Execution of orders on behalf of the Client in any type of\n financial instrument offered by the Company.
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5.2 Subject to the Client’s obligations\n under the Legal Documents being fulfilled, the Company may at its discretion\n offer the following ancillary services to the Client: c) Safekeeping and\n administration of financial instruments for the account of Clients, including\n custodianship and related services such as cash/collateral management; d)\n Granting credits or loans to an investor to allow him to carry out a\n transaction in one or more financial instruments, where the firm granting the\n credit or loan is involved in the transaction; and e) Foreign exchange services\n where these are connected to the provision of investment services.
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5.3 In regard to the aforementioned\n investment services provided by the Company, they relate to the following types\n of financial instrument: a) Financial contracts for differences.
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5.4 The Company will offer the Client, on\n an execution-only basis, access to trading a number of instruments in the form\n of CFDs.
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5.5 The Company does not provide\n investment, financial, legal, tax or regulatory advice and any other form of\n recommendation. The Client shall make his/her own assessment of any transaction\n prior to entering into a trade. The Company, its Employees and any other\n representative cannot provide any investment advice to the Clients. If the\n Client is unsure whether he/she should proceed with the Agreement, he/she shall\n seek independent advice.
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5.6 The Company does not offer investment\n research and any communication, material the Client may receive from the\n Company, via electronic messages, website postings, e-mail, telephone, telefax\n shall not be construed as advice, recommendation or research to you.
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5.7 The Client shall understand that CFDs\n are derivative products, he/she will not be entitled to own an underlying\n instrument and that no physical delivery of any such underlying assets shall\n occur.
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5.8 The Client shall accept that Borsa\n Prime is the only execution venue in relation to his/her trading activity under\n the Agreement. Although, the Client may transmit his/her orders for execution\n to third-party liquidity providers through an electronic communication\n platform, contractually the Company is the sole counterparty to the Client’s\n trades and any execution of orders is done in the Company’s name. Further\n information can be found in the Company’s “Best Interest of the Client and\n Order Execution Policy”.
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5.9 The Company is entitled to refuse the\n provision of any investment services to the Client, at any time the Company\n deems necessary, without being obliged to inform the Client of the reasons to\n do so.
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6. OPENING AN ACCOUNT
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6.1 After each prospective Client fills in\n and submits the Opening Account Application Form together with all the required\n KYC documentation requested by the Company, the Company will perform all\n internal controls (i.e. anti-money laundering and Client appropriateness tests)\n and will send to the prospective Client a notice informing him/her whether\n he/she has been accepted as the Company’s Client. The Client Agreement will\n take effect and begin on the date on which the Client receives notification\n from the Company that he/she has been accepted as the Company’s Client and that\n a Client account has been created for him/her. The Company is not obliged to\n accept any person as its Client until all necessary documentation has been\n received, correctly and entirely completed by such person, and all internal\n Company controls have been completed to the Company’s Agreement. In the event\n that the Client is accepted by the Company as its Client, the Company will\n create a Client account for him/her, which will be activated upon the Client\n depositing the minimum initial deposit as determined by the Company.
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7. DEFINITIONS
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7.1 Briefly explanatory notes of the\n definitions that used in this Agreements. Access Codes: means the unique codes\n which the Client will determine to enable his/her access to the trading\n platform. Business Day: means a day, other than Saturday, Sunday or any public\n holiday or banking holiday, on which banks and stock exchanges are open for\n business in Marshall Islands. Client(s): means the natural or legal person(s)\n to whom the Company provides its services. Client Agreement: means the\n agreement between the Company and the Client as to the investment and/or\n ancillary services provided by the Company. The Document of the Client\n Agreement can be found in the Company’s official website and must be read and\n accepted by the Client prior enter of the agreement. Client Terminal: means the\n trading application, in addition to any trading platform to web and mobile\n traders which used by the Client in order to obtain information on underlying\n markets in real time, to make technical analysis of the markets, make Transactions,\n place / delete / modify orders, as well as to receive notices from the Company\n and keep records of Transactions. “CRS” or “Common Reporting Standard”: means\n the “Standard for Automatic Exchange of Financial Account Information”. Company\n Online Trading System: means the Software used by the Company which includes\n the aggregate of its computer devices, software databases, telecommunication\n hardware, a trading platform, all programs and technical facilities providing\n real- time Quotes, making it possible for the Client to obtain information of\n Underlying Markets in real time, make technical analysis on the markets, enter\n into Transactions, place / delete /modify Orders, receive notices form the\n Company and keep records of Transactions and calculate mutual obligations\n between the Client and the Company. The Company Online Trading System consist\n of the Server and the Client Terminal. Contract for Difference (CFD): means a\n CFD on spot foreign exchange or a CFD on spot metals or any other CFD related\n instrument that is available for trading thought the Borsa Prime. A full list\n is available online at the Company’s website. RMISEC: is an abbreviation for “Marshall\n Islands Securities and Exchange Commission “. RMISEC Rules: means the Governing\n Laws, the Rules, Directives, Regulations, Guidance notes and Circulars\n published by Marshall Islands Securities and Exchange Commission (RMISEC).\n Introducing Brokers: means a third party who introduces potential Clients to\n the Company. Law: means Applicable Law and/or Regulating Law of Marshall\n Islands on markets in financial instruments and amending directive on\n Investment Services and Activities and Regulated Markets Law. Legal Documents:\n means the following documents: · Terms and Conditions Agreement · Client\n Categorisation Policy · Complaint Handling Policy · Investor Compensation Fund\n · Risk Disclosure Notice · Conflict of Interest · Best Interest of the Client\n and Order Execution Policy · Risk Disclosure Policy · Deposits and Withdrawals\n Policy · Privacy Policy · Cookies Policy · Costs and Charges · Key Information\n Documents Margin Call: means the situation when the margin to open or maintain\n a position is insufficient, then the Client is informed by the Company to\n deposit additional funds. Open Position: it’s the situation when the position\n has not been closed and which is not completed. Order: when the Client gives an\n instruction to the Company to open or close a position when the price reaches\n the limit that the Client set. Parties: means the parties to the Agreement – the\n Company and the Client. Quote: available to the client the information of the\n current price of a financial instrument in the form of the bid and ask prices.\n Spread: it’s the difference between Ask and Bid price of an underlying Asset in\n a CFD at the same moment. Swap: to keep holding a position open overnight, an\n interest added or deducted. Transaction: means any type of transaction\n transmitted for execution on behalf of the Client or entered into with the\n Client or executed on behalf of the Client under the Client Agreement. Website:\n means the Company’s website www.borsaprime.com or any other website that the\n Company may maintain from time to time.
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8. RISK AKNOWLEDGEMENT
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8.1 Trading on any financial market\n involves a significant level of risk to your capital. The Client understands\n that any financial instrument such as CFD on Forex and precious metal, is a\n leveraged product that bears significant risk and the Client might lose part or\n all his/her invested capital.
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8.2 The Client shall read and understand\n the Company’s “Risk Disclosure Notice” that can be found on the Company’s\n website before opening a trading account and accessing and/or using the\n Company’s platform.
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9. CLIENT CATEGORISATION
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9.1 According to the applicable rules, as\n amended from time to time, the Company shall treat the Client as Retail Client\n or Professional Client in which case the Company will notify you in writing.
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9.2 Where the Company has determined that\n he/she meets the criteria to be treater as Professional Client, he/she may\n request to be re-categorised by sending to the Company a written request. Any\n requests shall be considered at the Company’s discretion, after reviewing the\n Client’s circumstances, including the qualitative and quantitative assessments.\n Should any circumstances change, the Client is responsible for notifying the\n Company of the change.
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9.3 The Company shall provide different\n levels of regulatory protection to each Client category and therefore to\n Clients within each category.
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9.4 The Client category will determine the\n level of protection afforded to the Client under applicable legislation.
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9.5 The Client can find information about\n the categorisation in the Client’s Categorisation Policy.
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10.RMISEC RULES AND OTHER APPLICABLE LAWS\n AND REGULATIONS
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10.1 Unless otherwise permitted by the RMISEC\n Rules or any other Applicable Laws and Regulations, nothing in this Agreement\n shall be taken to exclude or restrict our obligations under the RMISEC and Marshall\n Islands laws and regulations.
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10.2 The Company is obliged to take any\n actions it considers necessary in its absolute discretion to ensure compliance\n with the Regulatory Authorities and such action shall be binding on the Client\n and shall not render the Company or any of its Directors, Officers, Employees\n or agents liable.
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11.CHARGES AND OTHER FEES
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11.1 The Client shall pay to the Company\n such fees, charges and commissions (including without limitation, spreads,\n charges and other fees) to the Company at such rates as are notified by the\n Company from time to time or published on our Website. In addition to costs,\n other commissions may be due by the Client directly to third parties. The\n Client is obliged to pay all such costs.
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11.2 Certain types of costs may appear as a\n percentage of the value of the type of the financial instrument, therefore the\n Client has the responsibility to understand how costs are calculated.
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11.3 When providing a service to a Client,\n the Company may pay or receive fees, commission or other non-monetary benefits\n from third parties or introducing brokers as far as permitted by the Applicable\n Regulations. To the extent required by law, the Company will provide\n information on such benefits to the Client on request.
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11.4 The Client is solely responsible for\n all filings, tax returns and reports on any transactions which should be made\n to any relevant authority whether governmental or otherwise, and for payment of\n all taxes (including but not limited to any transfer or value added taxes),\n arising out or in connection with any Transaction.
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11.5 In compliance with FATCA and / or the\n CRS, Client may from time to time be called to provide further information\n and/or documentation to Borsa Prime, which information and/or documentation may\n include, but is not limited to, information and/or documentation relating to or\n concerning Client, his/her direct and indirect beneficial owners and any such\n beneficial owner’s identity, residence (or jurisdiction of formation) and\n income tax status to certify to us compliance or deemed compliance with, or\n exemption from, the requirements under FATCA and / or the CRS. Client agrees\n that he/she will provide the said information and/or documentation, as and when\n requested by us, as we, in our sole discretion, determine as necessary or\n advisable for us or any of our Affiliates to comply with obligations under\n FATCA and the CRS
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11.6 The Company reserves the right to\n amend, alter, modify, delete or add to any of these charges at any time and at\n the Company’s discretion. When these charges are modified, the Company will\n post such charges on the Website and/or otherwise notify the Client of such\n changes, each such notification of which shall be deemed as sufficient notice\n and it’s the Company’s duty to consult and/or to check regularly the\n information posted on the website. Except it, and then to the extent provided\n otherwise in this Agreement, all changes shall be effective (5) five calendar\n days after their initial posting on the website, or as of the first time that\n the Client accesses and/or use the Website after such amendments are made,\n whichever is sooner.
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11.7 If changes are to the advantage, or\n the grounds for such changes are due to external circumstances beyond our\n reasonable control, the Company is entitled to modify such commissions and\n charges with immediate effect. In such a case the Company shall inform the\n Client of the changes as soon as practically possible. Such circumstances may\n include, without limitation: (a) Changes in the relationship with the Company’s\n relationship with its counterparties, which affect the Cost structure; (b)\n changes in commissions and charges from exchanges, clearing houses, information\n providers or other third-party providers that are passed on by the Company to\n the Client.
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11.8 Swaps are calculated on the basis of\n the interbank market price.
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12.CONFLICTS OF INTEREST
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12.1 The Client acknowledges and accepts\n that he/she has read and fully understands the “Conflicts of Interest Policy”\n of the Company
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12.2 The Company is required by law to take\n all necessary precautions in order to avoid conflicts of interest between the\n Company and its Clients and when they cannot be avoided the Company shall\n ensure that the Clients are fairly treated, and their interests are protected\n at all times. The Company shall make all reasonable efforts to manage the\n conflict of interest.
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13.CLIENTS COMPLAINTS HANDLING POLICY
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13.1 In case the Client has a complaint\n related to any of the services provided by the Company, this complaint should\n be transmitted through the completion of the “Contact Us Form” that can be\n found in the Contact Us section which can be found on the Company’s website.\n All Clients’ complaint forms shall be addressed to the Client Support\n Department as soon as the issue arises. The Client shall have the right to\n contact the Compliance Department of the Company if the reply from the Client\n Support Department is deemed unsatisfactory.
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13.2 If the Client wishes to lodge a\n complaint, he/she must send an email in to the Company’s Client Support\n Department in which the following information will need to be included: a)\n Client name and surname; b) The account number of the Client; c) Detailed\n enquiry description; d) References of transactions involved in the complaint;\n e) Date and time of the issue
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13.3 If a situation arises which is not\n expressly covered by the Legal Documents, the Parties shall agree to try to\n resolve the matter on the basis of the good faith and fairness and by taking\n the necessary action which is consistent with market practice.
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13.4 The Client’s right to take legal\n action remains unaffected by the existence or use of any complaint’s procedures\n referred to the above.
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14.REFUSAL TO EXECUTE ORDERS
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14.1 The Client accepts that the Company\n reserves the right to refuse the provision of any investment and ancillary\n service, at any time, including but not limited to the execution of\n instructions for trading any type of financial instrument of the Company,\n without prior notice to the Client. The circumstances under which the Company\n shall proceed to the above actions are the following: a) If the Client has\n insufficient funds in his/her Client Account; b) If the order affects the\n orderly function of the market; c) If the order aims at manipulating the market\n of the underlying financial instrument; d) If the order constitutes the\n exploitation of confidential information; e) If the order affects the orderly\n operation of the trading platform; and f) If the order contributes to the\n legalization of proceeds from illegal actions (money laundering)
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15.HANDLING OF CLIENTS FUNDS
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15.1 The Clients, unless otherwise\n indicated, shall deposit his/her money in one or more segregated account held\n with a financial institution within or outside Marshall Islands Economic Area\n (“RMIEA”), separated from the Company’s money. This means that all Client Money\n is treated as belonging to the Company’s Clients and under no circumstances,\n the Company will use the money belonging to other Clients, in a segregated\n account, which shall act an omnibus account. Therefore, no single Client will\n have a claim against a specific sum in a specific account in the event of\n insolvency. Any Client’s claim shall be against the money held in the\n segregated account.
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15.2 The Company shall keep separate\n accounting records of the Clients’ and its own funds and shall be able to\n promptly distinguish funds held for different Clients of the Company.
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15.3 The Client accepts to clearly denote\n all the required information on any payment document (funds\n deposit/withdrawal/transfer) to comply with the international regulations\n against fraud and money laundering. The Company shall not accept any payment\n made by a third party on behalf of the Client.
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15.4 Any amount of funds transferred by the\n Client from his/her bank account will be deposited to his/her client account as\n the value date of the payment receipt and the amount will be net of any charges\n from the Client’s bank.
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15.5 The Company shall reserve the right to\n refuse a transfer of funds on behalf of the Client in the following cases: · If\n the Company has reasonable suspicion that the person transferring the fund is\n not duly authorized; · If the funds are not directly transferred from the\n Client and a third party is involved; · If the transfer is in violation of Marshall\n Islands legislation.
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15.6 If any of the above cases in paragraph\n 15.5, the Company shall return any received funds to the sender with the same\n method that they were received, and the Client will be charged with the\n relevant fees of the bank.
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15.7 The Client shall be entitled to\n withdraw from his/her Client Account any funds that are not used to cover\n margins and other obligations.
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15.8 The Client authorizes the Company, by\n accepting the Client Agreement and the Legal Documents, to perform deposits and\n withdrawals from the Client’s bank account on the Client’s behalf and any other\n transactions for the payment of all amounts due by the Client.
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15.9 The Client shall make sure that he/she\n has understood and accepted Company Deposit, Withdrawal and Refund policies.
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17.PERSONAL DATA AND CONFIDENTIALITY
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16.1 By entering into this Agreement, the\n Client shall provide the Company consent to store and process the data he/she\n provided during the registration process for the opening of his/her account\n and/or throughout the business relationship. This includes any data which may\n be considered sensitive. The Client has the right to withdraw his/her consent\n at any time by notifying the Company in writing. However, as the Company may\n not be able to provide the Client with services should the Client choose to do\n so, the Company reserves the right to refuse to enter into or terminate the\n Agreement. The Client shall understand that the Company is required to keep all\n records of his/her data and dealings with the Client for as long as necessary\n under the regulatory regime.
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16.2 The Company will not disclose and/or\n share any of the Client’s information to third parties without the Client’s\n prior consent, except in the event the Company is required to do so by a\n Regulatory Authority under the applicable jurisdictions, by Court, and/or\n enable the Company to provide the Client with its services as well as to\n improve these from time to time. The latter includes, but it is not limited to\n members of the Borsa Prime, marketing companies, business partners, IT service\n providers and other financial institutions such as payment services providers\n and banks, any of which can be located outside of the EEA. Where the Company\n discloses and/or share any of the Client’s information as per this clause, the\n Company will take all reasonable steps to do so in a secured manner.
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16.3 Where the Client has been introduced\n to Borsa Prime by a third party pursuant to an introduces agreement between the\n Company and the third party (“the Introducer”), the Introducer may have access\n to a certain extent to information about the Client’s dealings with the\n Company.
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16.4 The Company will take all reasonable\n steps to keep the Client’s personal data safe, nonetheless, transmission of\n information via the internet and/or other networks is not always completely\n secure. The Company will not be liable for any transmission of data from the\n Client to the Company.
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17.THIRD PARTY AUTHORIZATION
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17.1 The Client has the right to authorize\n a third person to place instructions and/or orders to the Company or to handle\n any other matters related to the Client Account, provided that the Client\n notifies the Company in writing in the event of exercising such a right and\n this person is approved by the Company and fulfils all of the Company\n specifications. The activities of such a third party, who is granted an\n authorization shall be regularly monitored by the Client. The Company shall not\n be liable for any damages caused by any instructions issued by an authorized\n person to the Company.
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17.2 Unless the Company receives a written\n notification from the Client for the termination of the authorization of the\n person as described in paragraph 20.1., the Company will continue accepting\n instructions and/or orders and/ or other instructions relating to the Client\n Account given by this person on the Client’s behalf and the Client will\n recognize such orders as valid.
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17.3 The written notification for the\n termination of the third-party authorization has to be received by the Company\n with at least 90 days notice prior the termination of the authorization date.
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17.4 The Company has the right (but NOT an\n obligation to the Client) to refuse to accept orders and/ or other instructions\n relating to the Client Account from the third party in any of the following\n cases: (a) If the Company reasonably suspects that the third person is not\n legally allowed or properly authorized to act as such; (b) An Event of Default\n as this is defined in the Client Agreement occurred; (c) In order for the\n Company to ensure compliance with the relevant market rules and or practices,\n Applicable Regulations or other applicable laws; and (d) In order to protect\n the interest of the Client.
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18.COMMUNICATIONS AND WRITTEN NOTICES
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18.1 Any notice, instruction, request or\n other communication to be given to the Company by the Client under the Legal\n Documents, unless otherwise specified in this Agreement, shall be sent to the\n Company’s address below (or to any other address which is the Company may from\n time to time specify to the Client for this purpose) by email, facsimile, post\n if posed in Marshall Islands, or airmail if posed outside Marshall Islands, or\n commercial courier service and shall be deemed only when actually received by\n the Company at: Regency Complex Ajeltake Road, Ajeltake Island Majuro, Marshall\n Islands. Email: info@borsaprime.com.
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18.2 Each Party should promptly notify the\n other Party of any changes to its contact information stated in previous\n paragraph by sending the appropriate written notice.
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18.3 Each Party hereby recognize that the\n electronic transmission of information cannot be guaranteed to be secure or\n error free and such information could be intercepted, corrupted, lost or\n destroyed, arrive late or incomplete or otherwise be adversely affected or\n unsafe to use. Each Party agrees to use commercially reasonable procedures to\n check for the most commonly known viruses before sending information\n electronically and to take responsibility for ensuring that an electronic\n communication is not misaddressed. Accordingly, each Party confirms that it\n accepts the risks of electronic communication and will be responsible for\n protecting its own interests in relation to electronic communications. Subject\n to the foregoing, no Party shall have any liability to any other Party on any\n basis, whether in contract, tort (including negligence), or otherwise, in\n respect of any error, damage, loss or omission arising from or in connection\n with the electronic communication of information between the Parties or any third\n party on the other Party's behalf. The Client hereby further confirms that he\n has regular access to the internet which enables Borsa Prime to post important\n information that is not specifically addressed to the Client on its website and\n communicate with the Client via email.
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18.4 In the occasion of face-to-face\n communications between the Parties, the date and time of meetings, the location\n of meetings, the identity of attendees, the initiator of the meetings, and any\n other relevant information about your order including the price, volume, type\n of order, and when it shall be transmitted or executed will, as a minimum be\n recorded.
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18.5 The Client can request from the\n Company to receive information on paper or through another durable medium by\n informing the Company through the appropriate communication channels.
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19.TERMINATION OF THE AGREEMENT
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19.1 The Client may terminate the Agreement\n at any time and for whatever reason by providing us with a seven (30) days\n written notice via email using his/her registered email address, provided that\n there are no open positions on his/her Account, not are there any outstanding\n obligations to the Company.
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19.2 The Company may terminate the\n Agreement at any time and for whatever reason, except in the event of any of\n the provisions set out in the clause below occurring. Where the Company decides\n to terminate the Agreement, the Company will specify the termination date and\n the Company will proceed with closing any open positions on the Client’s\n account, as the Company sees fit.
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19.3 The Company shall terminate the\n Agreement with immediate effect, notwithstanding any other action, in the event\n of: a) A breach of any part of the Agreement by the Company; b) Where the\n Company has reasonable grounds to believe that the Client has not acted in good\n faith, including but not limited to where the Company determines that the\n Company has, willingly or not, abused the Company’s “Negative Balance\n Protection” policy. This includes, but it is not limited to the Client hedging\n his/her exposure using multiple trading Accounts, whether under the Client’s\n same profile or in connection with another Client. c) An issuance of an\n application, order, resolution or other announcement in relation bankruptcy or\n winding-up procedures involving the Client d) The Client’s death or incapacity\n (please note that in the event of death, any funds available in the Client’s\n Account shall form part of the Client’s estate e) A breach of any applicable\n law by the Client, including but not limited to any applicable anti-money\n laundering laws and regulations f) The Client acted contrary to the Company’s\n “Best Interest and Order Execution Policy” or any other of the Company’s\n policies or procedures. g) We may at our sole discretion decide to close your\n account, whether or not you are in breach of this Agreement, should we deem\n that appropriate.
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19.4 Termination of the Agreement shall not\n imply that any of the Client’s responsibilities cease to exist. The Client will\n still be liable to pay the Company, and/or the Company will have the right to\n immediately deduct from the Client’s Account: a) Any amount due to the Company;\n b) Any expenses incurred by the Company as a result of the termination of this\n Agreement; c) Any damage arisen after an arrangement or settlement.
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19.5 Upon termination of this Agreement,\n the Company is not obliged to transfer any amount available in the Client’s\n account to the Client.
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20. ANTI-MONEY LAUNDERING PROVISIONS
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20.1 The Company is legally obliged by Marshall\n Islands regulation and by local authorities to take all necessary actions to\n the prevention and suppression of money laundering activities. The Client shall\n understand from the above that the Company shall request and obtain certain\n verification documents from the Client to be legally compliant.
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20.2 In the case where the Client fails to\n provide the Company with the necessary information in regard to the above the\n Company reserves the right not to execute orders on behalf of the Client. Any\n delays that might arise in regard to the verification documents of the Client\n are not the Company’s responsibility.
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21.INSTRUCTIONS AND ORDERS
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21.1 The Company will accept instructions\n transmitted via durable means approved by the Company, including but not\n limited to Borsa Prime, the e-mail address with which the Client Account was\n activated and under certain circumstances, as determined within reason by the\n Company, accept instructions via telephone or in person, provided that the\n Company is satisfied of his/her identity and of the clarity of the\n instructions. The Company will only accept orders transmitted via the software.\n If, for any reason, the Client is unable to access the software in order to\n transmit orders for the purposes of trading CFDs the Client may transmit orders\n by contacting the Dealing Department by telephone in which case the Client\n needs to be satisfied of the Client’s identity. Orders via telephone will be\n accepted only if in the Company’s official language. It should be noted that\n the Company reserves the right to reject such verbal orders when the operator\n of the Dealing Department is not satisfied with the Client’s identity or\n clarify of the orders. The Client accepts that at times of excessive\n transaction flow there might be delay in connecting over the telephone with an\n operator of the Dealing Department, especially when there are important market\n announcements.
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21.2 The Client may choose to communicate\n with the Company for support and any instructions, other than orders, in any of\n the languages available on the Company’s website during business hours,\n communication after business hours that requires immediate action on the\n Company’s behalf will only be accepted in the Company’s official language.
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21.3 Where information has not been\n transmitted to the Company via approved means, or where the Client has\n misinterpreted any instruction and/or information, it is the Client’s\n responsibility to make the necessary amendments and the Company will bear no responsibility\n for any loss, be it financial or of opportunity in connection to said\n instruction.
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21.4 The Company bears no responsibility\n for any loss that arises as a result of delayed or unreceived communication\n sent by the Company to him/her.
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21.5 The Client shall understand that time\n is important when trading on leveraged products, therefore he/she is\n responsible for ensuring that any communication in relation to his/her dealings\n with the Company is sent to the Company on time.
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21.6 The Client shall accept that the\n Company reserves the right to accept, either in part or in full, or reject any\n instructions from the Client; and the Company may, at the Company’s sole\n discretion execute an instruction received from the Client without any further\n enquiry, unless the Company deems it necessary,
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21.7 The Company, at its own discretion\n shall confirm any instructions received from the Client via any durable medium\n or telephone. However, the Client shall understand that the Client should not\n communicate with any of the Company’s employees, contractors or otherwise via\n any means or any other equipment, which are not our equipment. For example, the\n Client should not communicate with any of his/her employees on his/her mobile\n phone or on any other personal account.
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21.8 Where the Client has appointed an\n Authorised Representative to deal with the Company on his/her behalf, and the\n Client wishes to cancel his/her appointment the Client must notify the Company\n in writing with two (2) days notice. Until the Company receives the said\n notice, any instructions the Company may receive from the Authorised\n Representative shall (a) be deemed valid, and (b) shall fully commit the\n Client.
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21.9 Essential information concerning the\n execution of any order (among other information), can at all times, be obtained\n through the Software, trading platforms and/or Borsa Prime where the Client is\n able to download reports which document, as well as review the current and\n historic state of his/her trades and account. The Client shall understand and\n agree that such reports are deemed to be reports provided by the Company to the\n Client in a durable medium. The Company might not provide the Company with statements\n of account in relation to the financial instruments traded through his/her\n account or the availability of his/her funds or any other detail in any other\n form other than what is stated above.
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21.10 Except where the software permits,\n all orders to trade on the financial instruments the Company offers are final\n and canto be cancelled or deleted, unless the Company expressly agrees to such\n cancellation or deletion and/or unless otherwise provided in any of the\n Company’s legal documentation.
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22.FORCE MAJEURE
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22.1 The Company may, in its reasonable\n opinion, determine that a Force Majeure Event exists, in which case Borsa Prime\n will, in due course, take reasonable steps to inform the Client. A Force\n Majeure Event includes without limitation: (a) any act, event or occurrence\n (including, without limitation, any strike, riot or civil commotion, terrorism,\n war, act of God, accident, fire, flood, storm, interruption of power supply,\n electronic, communication equipment or supplier failure, civil unrest,\n statutory provisions, lock-outs) which, in Company’s reasonable opinion,\n prevents Company from maintaining an orderly market in one or more of the\n Instruments; (b) the suspension, liquidation or closure of any market or the\n abandonment or failure of any event to which the Company relates its Quotes, or\n the imposition of limits or special or unusual terms on the trading in any such\n market or on any such event; or (c) Abnormal Market Conditions.
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22.2 If the Company determines in its\n reasonable opinion that a Force Majeure Event exists (without prejudice to any\n other rights under the Operative Agreements) the Company may without prior\n Written Notice and at any time take any of the following steps: a) increase\n margin requirements; b) close out any or all Open Positions at such prices as\n the Company considers in good faith to be appropriate; c) suspend or freeze or\n modify the application of any or all terms of the Operative Agreements to the\n extent that the Force Majeure Event makes it impossible or impractical for the\n Company to comply with them; or d) take or omit to take all such other actions\n as the Company deems to be reasonably appropriate in the circumstances with\n regard to the position of the Company, the Client and other Clients.
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23.ELECTRONIC TRADING
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23.1 Upon commencement of the Client\n Agreement, the Client shall download and install the Company’s trading platform\n software, which is available on the website of the Company, and receive the\n access codes which will enable the Client to log in and enter into transactions\n with the Company.
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23.2 The Client is responsible for any\n instructions/transactions received/entered through the trading platform, either\n from the Client directly or through an authorised representative.
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23.3 The Client acknowledges that the\n Company has the right to restrict, modify or even terminate the access of the\n Client to the trading platform if it’s deemed necessary. This measure is in\n force to ensure the unobstructed function of the electronic systems for trading\n and the protection of the interest of both Clients and the Company.
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23.4 The Client’s access codes, transaction\n activities and all other related information must remain confidential at all\n times and the Company does not bear any responsibility of any financial loss\n that might arise should the Client disclose his/her access codes to an\n unauthorized third party.
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23.5 The Client shall inform the Company\n immediately in the case where his/her access codes have been used by another\n party without his/her consent.
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23.6 In cases where there is a disruption\n in the electronic trading and the Client is not able to access the trading\n platform (internet, electricity or platform caused delay) to enter into any\n type of transaction, he/she musty contact the Company either through telephone\n or email and place a verbal instruction. The Client understands that if the\n instructions are not clear or his/her identity cannot be verified the Company\n reserves the right to decline the verbal instruction at hand. In addition, the\n Client must acknowledge that in circumstances of large transaction flow\n (important market news announcement) there might be some delay.
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23.7 The Company shall be responsible to\n maintain and update its electronic systems at all times and therefore the\n Client must accept the need for periodic maintenance to ensure the effective\n operation of the trading platform and that the Company does not bear any\n responsibility for any loss incurred during maintenance.
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23.8 The Company shall not be accountable\n for any loss or damages that might incur to the equipment or software due to\n viruses, malfunctions or defects of its electronic systems.
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24.LIABILITY AND INDEMNITY
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24.1 In the case where the Company provides\n information, recommendations, news, information relating to transactions,\n market commentary or research to the Client (or in newsletters which it may\n post on this website or provide to subscribers via its website or otherwise)\n the Company shall not be liable for any losses, costs, expenses or damages\n suffered by the Client arising from any inaccuracy or mistake in any such\n information given. Subject to the right of the Company to void or close any\n transaction in the specific circumstances set out the Agreement, any\n transaction following such inaccuracy or mistakes shall nonetheless remain\n valid and binding in all respects on both the Company and the Client.
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24.2 The Company shall not be held liable\n for any loss or damage or expense by the Client in relation to, or directly or\n indirectly arising from but not limited to: a) Any error or failure in the\n operation of the Company online trading system; b) Any delay caused by the\n Client terminal; c) Transactions made via the Client terminal; d) Any failure\n by the Company to perform any of its obligations under the Agreement as a\n result of Force Majeure Event or any other cause beyond its control; e) The\n acts, omissions or negligence of any third party; f) Any pension obtaining the\n Client’s access codes that the Company has issued to the Client prior to the\n Client’s reporting to the Company of the misuse of his access codes; g) All\n orders given through and under the Client’s access codes; h) Unauthorised third\n persons having access to information, including electronic addresses,\n electronic communication, personal data and access codes when the above are\n transmitted between the parties or any other party, using the internet or other\n network communication facilities, post, telephone or any other electronic\n means; i) A delay transmitting any order for execution; j) Currency risk; k)\n Slippage; l) Any other risks relating to CFDs trading materialization; m) Any\n changes in the rates of tax; n) The Client relying in stop loss or stop limit\n order.
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24.3 If the Company incurs any claims,\n damage, liability, costs or expense, which may arise in relation to the\n execution or as a result of the execution of this Agreement and/or in relation\n to the provision of the services and/or in relation to any order it is\n understood that the Company bears no responsibility whatsoever and it’s the\n Client’s responsibility to indemnify the Company.
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24.4 The Company shall in no circumstances\n be liable to the Client for any significant or indirect losses, damages, loss\n of profits, loss of opportunity (including in relation to subsequent market\n movements), costs or expenses the Client may suffer in relation to the Client\n Agreement.
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24.5 The Company shall not be liable for\n any loss or expense incurred by the Client in connection with, or directly or\n indirectly arising from the acts, omissions or negligence of any third-party\n software including, but not limited to, expert advisors, signal providers,\n social trading platforms, and virtual private network.
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25.TEMPORARY PERMISSION REGIME
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25.1 Questions regarding the Terms and\n Conditions should be addressed to the Compliance Department via email at info@borsaprime.com.\n Borsa Prime is deemed authorised and regulated by the RMISEC. The nature and\n extent of consumer protections may differ from those for firms based in Europe.
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25.2 Borsa Prime must comply with RMISEC\n rules to ensure that all Retail Client money is protected and fully segregated.\n We clearly distinguish client money from our own by holding such funds in\n segregated client bank accounts. Segregation of client money ensures that in\n the event we become insolvent, funds held in these accounts will be returned to\n the clients, minus the administrators’ cost in handling and distributing these\n funds, instead of being treated as recoverable assets by general creditors of\n the Company.
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25.3 In the event of the Company’s failure,\n you may be entitled to compensation from Marshall Islands Investors\n Compensation Fund, up to the amount of $20,000. The object of the Fund is to\n secure the claims of the covered Clients against the Company, in cases where\n the Company is unable to meet any of its obligations that arise as a result of\n the provision of investment and/or ancillary services and where the Company’s\n financial position is unlikely to change in the foreseeable future, by the\n payment of compensation for the Clients’ claims arising from the covered\n services provided by the Company, so long as failure by the Company to fulfil\n its obligations has been ascertained. More information can be found in the\n Company’s Investor Compensation Fund Policy.
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25.4 Retail clients have the rights to\n refer complaints to Marshall Islands Financial Ombudsman Service (“RMIOS”)\n depending on applicable regulations at the time.
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25.5 The Company always keeps Clients’\n funds in segregated accounts, clearly distinguishable from the accounts holding\n its own funds. Therefore, in the event of the Company’s failure, the Company\n shall be able to distinguish clients’ assets and/or funds from its own funds\n and by this segregation the Clients’ assets and/or funds are protected. More\n information can be found in the Company’s Terms and Conditions.
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26.FAQs
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26.1 Questions regarding the Terms and\n Conditions should be addressed to the Compliance Department via email at info@borsaprime.com.
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27.GOVERNING LAW AND JURISDICTION
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27.1 The Agreement shall be governed by the\n laws of Marshall Islands. Any proceedings and their settlement involving Borsa\n Prime and the Client shall take place in the competent Courts of Marshall\n Islands.
","TermsAndConditionsContentTr":"TERMS AND CONDITIONS AGREEMENT
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1. INTRODUCTION
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1.1 Borsa Prime (hereinafter, the “Borsa\n Prime” or the “Company” or “its” or “Firm”, is a Marshall Islands Investment\n Firm registered and incorporated in Marshall Islands and is governed by the\n laws and regulations of Marshall Islands.
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1.2 These Terms and Conditions form part of\n the Client Agreement which is a document governs the relationship between the\n Client (hereinafter, “He/She” or “his/her” or “him/her”) and Borsa Prime.
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1.3 The Company’s business office is at Regency\n Complex Ajeltake Road, Ajeltake Island Majuro, Marshall Islands.
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1.4 The Client understands that he/she\n should take sufficient time to carefully read and accept these Terms and\n Conditions contained in this Agreement of the Company and refer to the Legal\n Documents provided in the Company’s official website for any additional\n information.
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1.5 If the Client does not understand or\n have objections to any of these Terms and Conditions, or any part thereof,\n and/or if the Client does not agree to be bound by these Terms and Conditions,\n he/she shall contact the Company in writing immediately prior the opening of a\n trading account.
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2. ACKNOWLEDGEMENT
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2.1 The Client acknowledges that he/she\n took sufficient time to carefully read and understood these Terms and\n Conditions, as amended from time to time, in addition to any Legal Documents\n provided in the Company’s official website.
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2.2 By accepting these Terms and\n Conditions, which form part of the Client Agreement, the Client enters into a\n binding legal agreement with the Firm.
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2.3 The Client acknowledges that the\n Company’s official language is English, and the acceptance of the Terms and\n Conditions shall constitute a binding legal agreement with the Company.
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2.4 If the Client’s signature or\n acknowledgement is required or requested with respect to any such document and\n the Client “clicks” in the appropriate “accept/agree/submit” button, the Client\n will be deemed to have “signed” and/or acknowledged the document to the same\n extent and with the same effect as if he/she had signed the document manually.\n To the extent permitted under applicable mandatory Law, the Client hereby\n waives any rights or requirements under any applicable laws, rules and/or\n regulations in any jurisdiction which require an original (non-electronic)\n signature or delivery or retention of non-electronic records.
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2.5 The Client hereby expressly\n acknowledges his/her understanding that he/has the right to withdraw his/her\n consent to the electronic delivery and signature of documents at any time by\n providing prior written notice to us. However, if the Client revokes his/her\n consent, his/her access to an/or use of the Client’s Online Trading Facility\n may be restricted or terminated at the Company’s sole discretion and without\n any obligation on the Client’s end to provide the Company with any explanation\n and/or justification thereof.
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2.6 A copy of this Agreement may be printed\n and retained in your files.
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3. SCOPE OF THE TERMS AND CONDITIONS OF\n BUSINESS
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3.1 The Terms and Conditions govern all the\n actions that relate to the execution of the Client’ orders.
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3.2 The Terms and Conditions are\n non-negotiable and override any other previous agreements, arrangements,\n express or implied statements made by us; and that any acts, omissions or\n representations (oral or otherwise) made by the Client or the Company,\n including any the Company’s employees with whom the Client may have dealt,\n shall not amend or take priority over the Agreement.
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3.3 This Agreement includes, in addition to\n any Appendices and the “Account Opening Application Form” completed by the\n Client through the Company’s website, any information provided to the Company\n during the registration procedure.
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4. COMMENCEMENT, DURATION OF THE AGREEMENT\n AND RIGHT TO WITHDRAW FROM THE AGREEMENT
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4.1 The Agreement shall commerce once we\n have informed you about your account being activated. This is, once we have\n completed due diligence and satisfied our requirements in terms of\n “Know-Your-Client” procedures.
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4.2 You have the right to withdraw from the\n Agreement without penalty and without giving any reason by giving the Company\n written notice within the first three (3) calendar days from the date the\n account is activated. The Company will return to the Client any amount he/she\n has transferred to the Company after deducting any fees for the withdrawal of\n funds, as they apply from time to time, subject to the fact that the Client has\n not entered into any trades in the Company’s platform(s).
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4.3 If the Agreement has not been\n withdrawn, it will remain effective until its termination, in accordance with\n the provisions contained in the “Termination” section of this document.
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5. SERVICES
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5.1 Subject to the Clients’ obligations\n under the Legal documents being fulfilled, the Company may at its discretion\n offer the following investment services to the Client: a) Reception and\n transmission of Orders in any type of financial instrument offered by the\n Company; and b) Execution of orders on behalf of the Client in any type of\n financial instrument offered by the Company.
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5.2 Subject to the Client’s obligations\n under the Legal Documents being fulfilled, the Company may at its discretion\n offer the following ancillary services to the Client: c) Safekeeping and\n administration of financial instruments for the account of Clients, including\n custodianship and related services such as cash/collateral management; d)\n Granting credits or loans to an investor to allow him to carry out a\n transaction in one or more financial instruments, where the firm granting the\n credit or loan is involved in the transaction; and e) Foreign exchange services\n where these are connected to the provision of investment services.
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5.3 In regard to the aforementioned\n investment services provided by the Company, they relate to the following types\n of financial instrument: a) Financial contracts for differences.
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5.4 The Company will offer the Client, on\n an execution-only basis, access to trading a number of instruments in the form\n of CFDs.
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5.5 The Company does not provide\n investment, financial, legal, tax or regulatory advice and any other form of\n recommendation. The Client shall make his/her own assessment of any transaction\n prior to entering into a trade. The Company, its Employees and any other\n representative cannot provide any investment advice to the Clients. If the\n Client is unsure whether he/she should proceed with the Agreement, he/she shall\n seek independent advice.
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5.6 The Company does not offer investment\n research and any communication, material the Client may receive from the\n Company, via electronic messages, website postings, e-mail, telephone, telefax\n shall not be construed as advice, recommendation or research to you.
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5.7 The Client shall understand that CFDs\n are derivative products, he/she will not be entitled to own an underlying\n instrument and that no physical delivery of any such underlying assets shall\n occur.
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5.8 The Client shall accept that Borsa\n Prime is the only execution venue in relation to his/her trading activity under\n the Agreement. Although, the Client may transmit his/her orders for execution\n to third-party liquidity providers through an electronic communication\n platform, contractually the Company is the sole counterparty to the Client’s\n trades and any execution of orders is done in the Company’s name. Further\n information can be found in the Company’s “Best Interest of the Client and\n Order Execution Policy”.
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5.9 The Company is entitled to refuse the\n provision of any investment services to the Client, at any time the Company\n deems necessary, without being obliged to inform the Client of the reasons to\n do so.
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6. OPENING AN ACCOUNT
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6.1 After each prospective Client fills in\n and submits the Opening Account Application Form together with all the required\n KYC documentation requested by the Company, the Company will perform all\n internal controls (i.e. anti-money laundering and Client appropriateness tests)\n and will send to the prospective Client a notice informing him/her whether\n he/she has been accepted as the Company’s Client. The Client Agreement will\n take effect and begin on the date on which the Client receives notification\n from the Company that he/she has been accepted as the Company’s Client and that\n a Client account has been created for him/her. The Company is not obliged to\n accept any person as its Client until all necessary documentation has been\n received, correctly and entirely completed by such person, and all internal\n Company controls have been completed to the Company’s Agreement. In the event\n that the Client is accepted by the Company as its Client, the Company will\n create a Client account for him/her, which will be activated upon the Client\n depositing the minimum initial deposit as determined by the Company.
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7. DEFINITIONS
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7.1 Briefly explanatory notes of the\n definitions that used in this Agreements. Access Codes: means the unique codes\n which the Client will determine to enable his/her access to the trading\n platform. Business Day: means a day, other than Saturday, Sunday or any public\n holiday or banking holiday, on which banks and stock exchanges are open for\n business in Marshall Islands. Client(s): means the natural or legal person(s)\n to whom the Company provides its services. Client Agreement: means the\n agreement between the Company and the Client as to the investment and/or\n ancillary services provided by the Company. The Document of the Client\n Agreement can be found in the Company’s official website and must be read and\n accepted by the Client prior enter of the agreement. Client Terminal: means the\n trading application, in addition to any trading platform to web and mobile\n traders which used by the Client in order to obtain information on underlying\n markets in real time, to make technical analysis of the markets, make Transactions,\n place / delete / modify orders, as well as to receive notices from the Company\n and keep records of Transactions. “CRS” or “Common Reporting Standard”: means\n the “Standard for Automatic Exchange of Financial Account Information”. Company\n Online Trading System: means the Software used by the Company which includes\n the aggregate of its computer devices, software databases, telecommunication\n hardware, a trading platform, all programs and technical facilities providing\n real- time Quotes, making it possible for the Client to obtain information of\n Underlying Markets in real time, make technical analysis on the markets, enter\n into Transactions, place / delete /modify Orders, receive notices form the\n Company and keep records of Transactions and calculate mutual obligations\n between the Client and the Company. The Company Online Trading System consist\n of the Server and the Client Terminal. Contract for Difference (CFD): means a\n CFD on spot foreign exchange or a CFD on spot metals or any other CFD related\n instrument that is available for trading thought the Borsa Prime. A full list\n is available online at the Company’s website. RMISEC: is an abbreviation for “Marshall\n Islands Securities and Exchange Commission “. RMISEC Rules: means the Governing\n Laws, the Rules, Directives, Regulations, Guidance notes and Circulars\n published by Marshall Islands Securities and Exchange Commission (RMISEC).\n Introducing Brokers: means a third party who introduces potential Clients to\n the Company. Law: means Applicable Law and/or Regulating Law of Marshall\n Islands on markets in financial instruments and amending directive on\n Investment Services and Activities and Regulated Markets Law. Legal Documents:\n means the following documents: · Terms and Conditions Agreement · Client\n Categorisation Policy · Complaint Handling Policy · Investor Compensation Fund\n · Risk Disclosure Notice · Conflict of Interest · Best Interest of the Client\n and Order Execution Policy · Risk Disclosure Policy · Deposits and Withdrawals\n Policy · Privacy Policy · Cookies Policy · Costs and Charges · Key Information\n Documents Margin Call: means the situation when the margin to open or maintain\n a position is insufficient, then the Client is informed by the Company to\n deposit additional funds. Open Position: it’s the situation when the position\n has not been closed and which is not completed. Order: when the Client gives an\n instruction to the Company to open or close a position when the price reaches\n the limit that the Client set. Parties: means the parties to the Agreement – the\n Company and the Client. Quote: available to the client the information of the\n current price of a financial instrument in the form of the bid and ask prices.\n Spread: it’s the difference between Ask and Bid price of an underlying Asset in\n a CFD at the same moment. Swap: to keep holding a position open overnight, an\n interest added or deducted. Transaction: means any type of transaction\n transmitted for execution on behalf of the Client or entered into with the\n Client or executed on behalf of the Client under the Client Agreement. Website:\n means the Company’s website www.borsaprime.com or any other website that the\n Company may maintain from time to time.
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8. RISK AKNOWLEDGEMENT
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8.1 Trading on any financial market\n involves a significant level of risk to your capital. The Client understands\n that any financial instrument such as CFD on Forex and precious metal, is a\n leveraged product that bears significant risk and the Client might lose part or\n all his/her invested capital.
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8.2 The Client shall read and understand\n the Company’s “Risk Disclosure Notice” that can be found on the Company’s\n website before opening a trading account and accessing and/or using the\n Company’s platform.
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9. CLIENT CATEGORISATION
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9.1 According to the applicable rules, as\n amended from time to time, the Company shall treat the Client as Retail Client\n or Professional Client in which case the Company will notify you in writing.
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9.2 Where the Company has determined that\n he/she meets the criteria to be treater as Professional Client, he/she may\n request to be re-categorised by sending to the Company a written request. Any\n requests shall be considered at the Company’s discretion, after reviewing the\n Client’s circumstances, including the qualitative and quantitative assessments.\n Should any circumstances change, the Client is responsible for notifying the\n Company of the change.
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9.3 The Company shall provide different\n levels of regulatory protection to each Client category and therefore to\n Clients within each category.
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9.4 The Client category will determine the\n level of protection afforded to the Client under applicable legislation.
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9.5 The Client can find information about\n the categorisation in the Client’s Categorisation Policy.
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10.RMISEC RULES AND OTHER APPLICABLE LAWS\n AND REGULATIONS
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10.1 Unless otherwise permitted by the RMISEC\n Rules or any other Applicable Laws and Regulations, nothing in this Agreement\n shall be taken to exclude or restrict our obligations under the RMISEC and Marshall\n Islands laws and regulations.
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10.2 The Company is obliged to take any\n actions it considers necessary in its absolute discretion to ensure compliance\n with the Regulatory Authorities and such action shall be binding on the Client\n and shall not render the Company or any of its Directors, Officers, Employees\n or agents liable.
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11.CHARGES AND OTHER FEES
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11.1 The Client shall pay to the Company\n such fees, charges and commissions (including without limitation, spreads,\n charges and other fees) to the Company at such rates as are notified by the\n Company from time to time or published on our Website. In addition to costs,\n other commissions may be due by the Client directly to third parties. The\n Client is obliged to pay all such costs.
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11.2 Certain types of costs may appear as a\n percentage of the value of the type of the financial instrument, therefore the\n Client has the responsibility to understand how costs are calculated.
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11.3 When providing a service to a Client,\n the Company may pay or receive fees, commission or other non-monetary benefits\n from third parties or introducing brokers as far as permitted by the Applicable\n Regulations. To the extent required by law, the Company will provide\n information on such benefits to the Client on request.
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11.4 The Client is solely responsible for\n all filings, tax returns and reports on any transactions which should be made\n to any relevant authority whether governmental or otherwise, and for payment of\n all taxes (including but not limited to any transfer or value added taxes),\n arising out or in connection with any Transaction.
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11.5 In compliance with FATCA and / or the\n CRS, Client may from time to time be called to provide further information\n and/or documentation to Borsa Prime, which information and/or documentation may\n include, but is not limited to, information and/or documentation relating to or\n concerning Client, his/her direct and indirect beneficial owners and any such\n beneficial owner’s identity, residence (or jurisdiction of formation) and\n income tax status to certify to us compliance or deemed compliance with, or\n exemption from, the requirements under FATCA and / or the CRS. Client agrees\n that he/she will provide the said information and/or documentation, as and when\n requested by us, as we, in our sole discretion, determine as necessary or\n advisable for us or any of our Affiliates to comply with obligations under\n FATCA and the CRS
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11.6 The Company reserves the right to\n amend, alter, modify, delete or add to any of these charges at any time and at\n the Company’s discretion. When these charges are modified, the Company will\n post such charges on the Website and/or otherwise notify the Client of such\n changes, each such notification of which shall be deemed as sufficient notice\n and it’s the Company’s duty to consult and/or to check regularly the\n information posted on the website. Except it, and then to the extent provided\n otherwise in this Agreement, all changes shall be effective (5) five calendar\n days after their initial posting on the website, or as of the first time that\n the Client accesses and/or use the Website after such amendments are made,\n whichever is sooner.
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11.7 If changes are to the advantage, or\n the grounds for such changes are due to external circumstances beyond our\n reasonable control, the Company is entitled to modify such commissions and\n charges with immediate effect. In such a case the Company shall inform the\n Client of the changes as soon as practically possible. Such circumstances may\n include, without limitation: (a) Changes in the relationship with the Company’s\n relationship with its counterparties, which affect the Cost structure; (b)\n changes in commissions and charges from exchanges, clearing houses, information\n providers or other third-party providers that are passed on by the Company to\n the Client.
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11.8 Swaps are calculated on the basis of\n the interbank market price.
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12.CONFLICTS OF INTEREST
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12.1 The Client acknowledges and accepts\n that he/she has read and fully understands the “Conflicts of Interest Policy”\n of the Company
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12.2 The Company is required by law to take\n all necessary precautions in order to avoid conflicts of interest between the\n Company and its Clients and when they cannot be avoided the Company shall\n ensure that the Clients are fairly treated, and their interests are protected\n at all times. The Company shall make all reasonable efforts to manage the\n conflict of interest.
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13.CLIENTS COMPLAINTS HANDLING POLICY
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13.1 In case the Client has a complaint\n related to any of the services provided by the Company, this complaint should\n be transmitted through the completion of the “Contact Us Form” that can be\n found in the Contact Us section which can be found on the Company’s website.\n All Clients’ complaint forms shall be addressed to the Client Support\n Department as soon as the issue arises. The Client shall have the right to\n contact the Compliance Department of the Company if the reply from the Client\n Support Department is deemed unsatisfactory.
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13.2 If the Client wishes to lodge a\n complaint, he/she must send an email in to the Company’s Client Support\n Department in which the following information will need to be included: a)\n Client name and surname; b) The account number of the Client; c) Detailed\n enquiry description; d) References of transactions involved in the complaint;\n e) Date and time of the issue
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13.3 If a situation arises which is not\n expressly covered by the Legal Documents, the Parties shall agree to try to\n resolve the matter on the basis of the good faith and fairness and by taking\n the necessary action which is consistent with market practice.
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13.4 The Client’s right to take legal\n action remains unaffected by the existence or use of any complaint’s procedures\n referred to the above.
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14.REFUSAL TO EXECUTE ORDERS
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14.1 The Client accepts that the Company\n reserves the right to refuse the provision of any investment and ancillary\n service, at any time, including but not limited to the execution of\n instructions for trading any type of financial instrument of the Company,\n without prior notice to the Client. The circumstances under which the Company\n shall proceed to the above actions are the following: a) If the Client has\n insufficient funds in his/her Client Account; b) If the order affects the\n orderly function of the market; c) If the order aims at manipulating the market\n of the underlying financial instrument; d) If the order constitutes the\n exploitation of confidential information; e) If the order affects the orderly\n operation of the trading platform; and f) If the order contributes to the\n legalization of proceeds from illegal actions (money laundering)
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15.HANDLING OF CLIENTS FUNDS
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15.1 The Clients, unless otherwise\n indicated, shall deposit his/her money in one or more segregated account held\n with a financial institution within or outside Marshall Islands Economic Area\n (“RMIEA”), separated from the Company’s money. This means that all Client Money\n is treated as belonging to the Company’s Clients and under no circumstances,\n the Company will use the money belonging to other Clients, in a segregated\n account, which shall act an omnibus account. Therefore, no single Client will\n have a claim against a specific sum in a specific account in the event of\n insolvency. Any Client’s claim shall be against the money held in the\n segregated account.
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15.2 The Company shall keep separate\n accounting records of the Clients’ and its own funds and shall be able to\n promptly distinguish funds held for different Clients of the Company.
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15.3 The Client accepts to clearly denote\n all the required information on any payment document (funds\n deposit/withdrawal/transfer) to comply with the international regulations\n against fraud and money laundering. The Company shall not accept any payment\n made by a third party on behalf of the Client.
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15.4 Any amount of funds transferred by the\n Client from his/her bank account will be deposited to his/her client account as\n the value date of the payment receipt and the amount will be net of any charges\n from the Client’s bank.
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15.5 The Company shall reserve the right to\n refuse a transfer of funds on behalf of the Client in the following cases: · If\n the Company has reasonable suspicion that the person transferring the fund is\n not duly authorized; · If the funds are not directly transferred from the\n Client and a third party is involved; · If the transfer is in violation of Marshall\n Islands legislation.
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15.6 If any of the above cases in paragraph\n 15.5, the Company shall return any received funds to the sender with the same\n method that they were received, and the Client will be charged with the\n relevant fees of the bank.
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15.7 The Client shall be entitled to\n withdraw from his/her Client Account any funds that are not used to cover\n margins and other obligations.
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15.8 The Client authorizes the Company, by\n accepting the Client Agreement and the Legal Documents, to perform deposits and\n withdrawals from the Client’s bank account on the Client’s behalf and any other\n transactions for the payment of all amounts due by the Client.
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15.9 The Client shall make sure that he/she\n has understood and accepted Company Deposit, Withdrawal and Refund policies.
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17.PERSONAL DATA AND CONFIDENTIALITY
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16.1 By entering into this Agreement, the\n Client shall provide the Company consent to store and process the data he/she\n provided during the registration process for the opening of his/her account\n and/or throughout the business relationship. This includes any data which may\n be considered sensitive. The Client has the right to withdraw his/her consent\n at any time by notifying the Company in writing. However, as the Company may\n not be able to provide the Client with services should the Client choose to do\n so, the Company reserves the right to refuse to enter into or terminate the\n Agreement. The Client shall understand that the Company is required to keep all\n records of his/her data and dealings with the Client for as long as necessary\n under the regulatory regime.
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16.2 The Company will not disclose and/or\n share any of the Client’s information to third parties without the Client’s\n prior consent, except in the event the Company is required to do so by a\n Regulatory Authority under the applicable jurisdictions, by Court, and/or\n enable the Company to provide the Client with its services as well as to\n improve these from time to time. The latter includes, but it is not limited to\n members of the Borsa Prime, marketing companies, business partners, IT service\n providers and other financial institutions such as payment services providers\n and banks, any of which can be located outside of the EEA. Where the Company\n discloses and/or share any of the Client’s information as per this clause, the\n Company will take all reasonable steps to do so in a secured manner.
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16.3 Where the Client has been introduced\n to Borsa Prime by a third party pursuant to an introduces agreement between the\n Company and the third party (“the Introducer”), the Introducer may have access\n to a certain extent to information about the Client’s dealings with the\n Company.
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16.4 The Company will take all reasonable\n steps to keep the Client’s personal data safe, nonetheless, transmission of\n information via the internet and/or other networks is not always completely\n secure. The Company will not be liable for any transmission of data from the\n Client to the Company.
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17.THIRD PARTY AUTHORIZATION
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17.1 The Client has the right to authorize\n a third person to place instructions and/or orders to the Company or to handle\n any other matters related to the Client Account, provided that the Client\n notifies the Company in writing in the event of exercising such a right and\n this person is approved by the Company and fulfils all of the Company\n specifications. The activities of such a third party, who is granted an\n authorization shall be regularly monitored by the Client. The Company shall not\n be liable for any damages caused by any instructions issued by an authorized\n person to the Company.
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17.2 Unless the Company receives a written\n notification from the Client for the termination of the authorization of the\n person as described in paragraph 20.1., the Company will continue accepting\n instructions and/or orders and/ or other instructions relating to the Client\n Account given by this person on the Client’s behalf and the Client will\n recognize such orders as valid.
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17.3 The written notification for the\n termination of the third-party authorization has to be received by the Company\n with at least 90 days notice prior the termination of the authorization date.
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17.4 The Company has the right (but NOT an\n obligation to the Client) to refuse to accept orders and/ or other instructions\n relating to the Client Account from the third party in any of the following\n cases: (a) If the Company reasonably suspects that the third person is not\n legally allowed or properly authorized to act as such; (b) An Event of Default\n as this is defined in the Client Agreement occurred; (c) In order for the\n Company to ensure compliance with the relevant market rules and or practices,\n Applicable Regulations or other applicable laws; and (d) In order to protect\n the interest of the Client.
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18.COMMUNICATIONS AND WRITTEN NOTICES
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18.1 Any notice, instruction, request or\n other communication to be given to the Company by the Client under the Legal\n Documents, unless otherwise specified in this Agreement, shall be sent to the\n Company’s address below (or to any other address which is the Company may from\n time to time specify to the Client for this purpose) by email, facsimile, post\n if posed in Marshall Islands, or airmail if posed outside Marshall Islands, or\n commercial courier service and shall be deemed only when actually received by\n the Company at: Regency Complex Ajeltake Road, Ajeltake Island Majuro, Marshall\n Islands. Email: info@borsaprime.com.
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18.2 Each Party should promptly notify the\n other Party of any changes to its contact information stated in previous\n paragraph by sending the appropriate written notice.
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18.3 Each Party hereby recognize that the\n electronic transmission of information cannot be guaranteed to be secure or\n error free and such information could be intercepted, corrupted, lost or\n destroyed, arrive late or incomplete or otherwise be adversely affected or\n unsafe to use. Each Party agrees to use commercially reasonable procedures to\n check for the most commonly known viruses before sending information\n electronically and to take responsibility for ensuring that an electronic\n communication is not misaddressed. Accordingly, each Party confirms that it\n accepts the risks of electronic communication and will be responsible for\n protecting its own interests in relation to electronic communications. Subject\n to the foregoing, no Party shall have any liability to any other Party on any\n basis, whether in contract, tort (including negligence), or otherwise, in\n respect of any error, damage, loss or omission arising from or in connection\n with the electronic communication of information between the Parties or any third\n party on the other Party's behalf. The Client hereby further confirms that he\n has regular access to the internet which enables Borsa Prime to post important\n information that is not specifically addressed to the Client on its website and\n communicate with the Client via email.
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18.4 In the occasion of face-to-face\n communications between the Parties, the date and time of meetings, the location\n of meetings, the identity of attendees, the initiator of the meetings, and any\n other relevant information about your order including the price, volume, type\n of order, and when it shall be transmitted or executed will, as a minimum be\n recorded.
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18.5 The Client can request from the\n Company to receive information on paper or through another durable medium by\n informing the Company through the appropriate communication channels.
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19.TERMINATION OF THE AGREEMENT
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19.1 The Client may terminate the Agreement\n at any time and for whatever reason by providing us with a seven (30) days\n written notice via email using his/her registered email address, provided that\n there are no open positions on his/her Account, not are there any outstanding\n obligations to the Company.
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19.2 The Company may terminate the\n Agreement at any time and for whatever reason, except in the event of any of\n the provisions set out in the clause below occurring. Where the Company decides\n to terminate the Agreement, the Company will specify the termination date and\n the Company will proceed with closing any open positions on the Client’s\n account, as the Company sees fit.
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19.3 The Company shall terminate the\n Agreement with immediate effect, notwithstanding any other action, in the event\n of: a) A breach of any part of the Agreement by the Company; b) Where the\n Company has reasonable grounds to believe that the Client has not acted in good\n faith, including but not limited to where the Company determines that the\n Company has, willingly or not, abused the Company’s “Negative Balance\n Protection” policy. This includes, but it is not limited to the Client hedging\n his/her exposure using multiple trading Accounts, whether under the Client’s\n same profile or in connection with another Client. c) An issuance of an\n application, order, resolution or other announcement in relation bankruptcy or\n winding-up procedures involving the Client d) The Client’s death or incapacity\n (please note that in the event of death, any funds available in the Client’s\n Account shall form part of the Client’s estate e) A breach of any applicable\n law by the Client, including but not limited to any applicable anti-money\n laundering laws and regulations f) The Client acted contrary to the Company’s\n “Best Interest and Order Execution Policy” or any other of the Company’s\n policies or procedures. g) We may at our sole discretion decide to close your\n account, whether or not you are in breach of this Agreement, should we deem\n that appropriate.
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19.4 Termination of the Agreement shall not\n imply that any of the Client’s responsibilities cease to exist. The Client will\n still be liable to pay the Company, and/or the Company will have the right to\n immediately deduct from the Client’s Account: a) Any amount due to the Company;\n b) Any expenses incurred by the Company as a result of the termination of this\n Agreement; c) Any damage arisen after an arrangement or settlement.
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19.5 Upon termination of this Agreement,\n the Company is not obliged to transfer any amount available in the Client’s\n account to the Client.
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20. ANTI-MONEY LAUNDERING PROVISIONS
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20.1 The Company is legally obliged by Marshall\n Islands regulation and by local authorities to take all necessary actions to\n the prevention and suppression of money laundering activities. The Client shall\n understand from the above that the Company shall request and obtain certain\n verification documents from the Client to be legally compliant.
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20.2 In the case where the Client fails to\n provide the Company with the necessary information in regard to the above the\n Company reserves the right not to execute orders on behalf of the Client. Any\n delays that might arise in regard to the verification documents of the Client\n are not the Company’s responsibility.
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21.INSTRUCTIONS AND ORDERS
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21.1 The Company will accept instructions\n transmitted via durable means approved by the Company, including but not\n limited to Borsa Prime, the e-mail address with which the Client Account was\n activated and under certain circumstances, as determined within reason by the\n Company, accept instructions via telephone or in person, provided that the\n Company is satisfied of his/her identity and of the clarity of the\n instructions. The Company will only accept orders transmitted via the software.\n If, for any reason, the Client is unable to access the software in order to\n transmit orders for the purposes of trading CFDs the Client may transmit orders\n by contacting the Dealing Department by telephone in which case the Client\n needs to be satisfied of the Client’s identity. Orders via telephone will be\n accepted only if in the Company’s official language. It should be noted that\n the Company reserves the right to reject such verbal orders when the operator\n of the Dealing Department is not satisfied with the Client’s identity or\n clarify of the orders. The Client accepts that at times of excessive\n transaction flow there might be delay in connecting over the telephone with an\n operator of the Dealing Department, especially when there are important market\n announcements.
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21.2 The Client may choose to communicate\n with the Company for support and any instructions, other than orders, in any of\n the languages available on the Company’s website during business hours,\n communication after business hours that requires immediate action on the\n Company’s behalf will only be accepted in the Company’s official language.
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21.3 Where information has not been\n transmitted to the Company via approved means, or where the Client has\n misinterpreted any instruction and/or information, it is the Client’s\n responsibility to make the necessary amendments and the Company will bear no responsibility\n for any loss, be it financial or of opportunity in connection to said\n instruction.
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21.4 The Company bears no responsibility\n for any loss that arises as a result of delayed or unreceived communication\n sent by the Company to him/her.
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21.5 The Client shall understand that time\n is important when trading on leveraged products, therefore he/she is\n responsible for ensuring that any communication in relation to his/her dealings\n with the Company is sent to the Company on time.
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21.6 The Client shall accept that the\n Company reserves the right to accept, either in part or in full, or reject any\n instructions from the Client; and the Company may, at the Company’s sole\n discretion execute an instruction received from the Client without any further\n enquiry, unless the Company deems it necessary,
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21.7 The Company, at its own discretion\n shall confirm any instructions received from the Client via any durable medium\n or telephone. However, the Client shall understand that the Client should not\n communicate with any of the Company’s employees, contractors or otherwise via\n any means or any other equipment, which are not our equipment. For example, the\n Client should not communicate with any of his/her employees on his/her mobile\n phone or on any other personal account.
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21.8 Where the Client has appointed an\n Authorised Representative to deal with the Company on his/her behalf, and the\n Client wishes to cancel his/her appointment the Client must notify the Company\n in writing with two (2) days notice. Until the Company receives the said\n notice, any instructions the Company may receive from the Authorised\n Representative shall (a) be deemed valid, and (b) shall fully commit the\n Client.
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21.9 Essential information concerning the\n execution of any order (among other information), can at all times, be obtained\n through the Software, trading platforms and/or Borsa Prime where the Client is\n able to download reports which document, as well as review the current and\n historic state of his/her trades and account. The Client shall understand and\n agree that such reports are deemed to be reports provided by the Company to the\n Client in a durable medium. The Company might not provide the Company with statements\n of account in relation to the financial instruments traded through his/her\n account or the availability of his/her funds or any other detail in any other\n form other than what is stated above.
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21.10 Except where the software permits,\n all orders to trade on the financial instruments the Company offers are final\n and canto be cancelled or deleted, unless the Company expressly agrees to such\n cancellation or deletion and/or unless otherwise provided in any of the\n Company’s legal documentation.
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22.FORCE MAJEURE
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22.1 The Company may, in its reasonable\n opinion, determine that a Force Majeure Event exists, in which case Borsa Prime\n will, in due course, take reasonable steps to inform the Client. A Force\n Majeure Event includes without limitation: (a) any act, event or occurrence\n (including, without limitation, any strike, riot or civil commotion, terrorism,\n war, act of God, accident, fire, flood, storm, interruption of power supply,\n electronic, communication equipment or supplier failure, civil unrest,\n statutory provisions, lock-outs) which, in Company’s reasonable opinion,\n prevents Company from maintaining an orderly market in one or more of the\n Instruments; (b) the suspension, liquidation or closure of any market or the\n abandonment or failure of any event to which the Company relates its Quotes, or\n the imposition of limits or special or unusual terms on the trading in any such\n market or on any such event; or (c) Abnormal Market Conditions.
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22.2 If the Company determines in its\n reasonable opinion that a Force Majeure Event exists (without prejudice to any\n other rights under the Operative Agreements) the Company may without prior\n Written Notice and at any time take any of the following steps: a) increase\n margin requirements; b) close out any or all Open Positions at such prices as\n the Company considers in good faith to be appropriate; c) suspend or freeze or\n modify the application of any or all terms of the Operative Agreements to the\n extent that the Force Majeure Event makes it impossible or impractical for the\n Company to comply with them; or d) take or omit to take all such other actions\n as the Company deems to be reasonably appropriate in the circumstances with\n regard to the position of the Company, the Client and other Clients.
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23.ELECTRONIC TRADING
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23.1 Upon commencement of the Client\n Agreement, the Client shall download and install the Company’s trading platform\n software, which is available on the website of the Company, and receive the\n access codes which will enable the Client to log in and enter into transactions\n with the Company.
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23.2 The Client is responsible for any\n instructions/transactions received/entered through the trading platform, either\n from the Client directly or through an authorised representative.
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23.3 The Client acknowledges that the\n Company has the right to restrict, modify or even terminate the access of the\n Client to the trading platform if it’s deemed necessary. This measure is in\n force to ensure the unobstructed function of the electronic systems for trading\n and the protection of the interest of both Clients and the Company.
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23.4 The Client’s access codes, transaction\n activities and all other related information must remain confidential at all\n times and the Company does not bear any responsibility of any financial loss\n that might arise should the Client disclose his/her access codes to an\n unauthorized third party.
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23.5 The Client shall inform the Company\n immediately in the case where his/her access codes have been used by another\n party without his/her consent.
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23.6 In cases where there is a disruption\n in the electronic trading and the Client is not able to access the trading\n platform (internet, electricity or platform caused delay) to enter into any\n type of transaction, he/she musty contact the Company either through telephone\n or email and place a verbal instruction. The Client understands that if the\n instructions are not clear or his/her identity cannot be verified the Company\n reserves the right to decline the verbal instruction at hand. In addition, the\n Client must acknowledge that in circumstances of large transaction flow\n (important market news announcement) there might be some delay.
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23.7 The Company shall be responsible to\n maintain and update its electronic systems at all times and therefore the\n Client must accept the need for periodic maintenance to ensure the effective\n operation of the trading platform and that the Company does not bear any\n responsibility for any loss incurred during maintenance.
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23.8 The Company shall not be accountable\n for any loss or damages that might incur to the equipment or software due to\n viruses, malfunctions or defects of its electronic systems.
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24.LIABILITY AND INDEMNITY
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24.1 In the case where the Company provides\n information, recommendations, news, information relating to transactions,\n market commentary or research to the Client (or in newsletters which it may\n post on this website or provide to subscribers via its website or otherwise)\n the Company shall not be liable for any losses, costs, expenses or damages\n suffered by the Client arising from any inaccuracy or mistake in any such\n information given. Subject to the right of the Company to void or close any\n transaction in the specific circumstances set out the Agreement, any\n transaction following such inaccuracy or mistakes shall nonetheless remain\n valid and binding in all respects on both the Company and the Client.
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24.2 The Company shall not be held liable\n for any loss or damage or expense by the Client in relation to, or directly or\n indirectly arising from but not limited to: a) Any error or failure in the\n operation of the Company online trading system; b) Any delay caused by the\n Client terminal; c) Transactions made via the Client terminal; d) Any failure\n by the Company to perform any of its obligations under the Agreement as a\n result of Force Majeure Event or any other cause beyond its control; e) The\n acts, omissions or negligence of any third party; f) Any pension obtaining the\n Client’s access codes that the Company has issued to the Client prior to the\n Client’s reporting to the Company of the misuse of his access codes; g) All\n orders given through and under the Client’s access codes; h) Unauthorised third\n persons having access to information, including electronic addresses,\n electronic communication, personal data and access codes when the above are\n transmitted between the parties or any other party, using the internet or other\n network communication facilities, post, telephone or any other electronic\n means; i) A delay transmitting any order for execution; j) Currency risk; k)\n Slippage; l) Any other risks relating to CFDs trading materialization; m) Any\n changes in the rates of tax; n) The Client relying in stop loss or stop limit\n order.
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24.3 If the Company incurs any claims,\n damage, liability, costs or expense, which may arise in relation to the\n execution or as a result of the execution of this Agreement and/or in relation\n to the provision of the services and/or in relation to any order it is\n understood that the Company bears no responsibility whatsoever and it’s the\n Client’s responsibility to indemnify the Company.
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24.4 The Company shall in no circumstances\n be liable to the Client for any significant or indirect losses, damages, loss\n of profits, loss of opportunity (including in relation to subsequent market\n movements), costs or expenses the Client may suffer in relation to the Client\n Agreement.
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24.5 The Company shall not be liable for\n any loss or expense incurred by the Client in connection with, or directly or\n indirectly arising from the acts, omissions or negligence of any third-party\n software including, but not limited to, expert advisors, signal providers,\n social trading platforms, and virtual private network.
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25.TEMPORARY PERMISSION REGIME
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25.1 Questions regarding the Terms and\n Conditions should be addressed to the Compliance Department via email at info@borsaprime.com.\n Borsa Prime is deemed authorised and regulated by the RMISEC. The nature and\n extent of consumer protections may differ from those for firms based in Europe.
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25.2 Borsa Prime must comply with RMISEC\n rules to ensure that all Retail Client money is protected and fully segregated.\n We clearly distinguish client money from our own by holding such funds in\n segregated client bank accounts. Segregation of client money ensures that in\n the event we become insolvent, funds held in these accounts will be returned to\n the clients, minus the administrators’ cost in handling and distributing these\n funds, instead of being treated as recoverable assets by general creditors of\n the Company.
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25.3 In the event of the Company’s failure,\n you may be entitled to compensation from Marshall Islands Investors\n Compensation Fund, up to the amount of $20,000. The object of the Fund is to\n secure the claims of the covered Clients against the Company, in cases where\n the Company is unable to meet any of its obligations that arise as a result of\n the provision of investment and/or ancillary services and where the Company’s\n financial position is unlikely to change in the foreseeable future, by the\n payment of compensation for the Clients’ claims arising from the covered\n services provided by the Company, so long as failure by the Company to fulfil\n its obligations has been ascertained. More information can be found in the\n Company’s Investor Compensation Fund Policy.
\n\n
25.4 Retail clients have the rights to\n refer complaints to Marshall Islands Financial Ombudsman Service (“RMIOS”)\n depending on applicable regulations at the time.
\n\n
25.5 The Company always keeps Clients’\n funds in segregated accounts, clearly distinguishable from the accounts holding\n its own funds. Therefore, in the event of the Company’s failure, the Company\n shall be able to distinguish clients’ assets and/or funds from its own funds\n and by this segregation the Clients’ assets and/or funds are protected. More\n information can be found in the Company’s Terms and Conditions.
\n\n
26.FAQs
\n\n
26.1 Questions regarding the Terms and\n Conditions should be addressed to the Compliance Department via email at info@borsaprime.com.
\n\n
27.GOVERNING LAW AND JURISDICTION
\n\n
27.1 The Agreement shall be governed by the\n laws of Marshall Islands. Any proceedings and their settlement involving Borsa\n Prime and the Client shall take place in the competent Courts of Marshall\n Islands.
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