Welcome to 24Cryptex
THIS DOCUMENT IS EXECUTED BY 24CRYPTEX(HEREINAFTER ALSO AS: “WE”, “US”, “OUR”, “PACIFIC TRADING”, “PT”, “24CRYPTEX”, “COMPANY” AND OTHER SHORTCUTS WHERE IT IS OBVIOUS FROM THE CONTEXT) AND TOGETHER WITH OTHER DOCUMENTS FORMS AN AGREEMENT BETWEEN PACIFIC TRADING AND THE CLIENT.
PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT IS PART OF THE AGREEMENT AND IS ENFORCEABLE AGAINST YOU ONCE THE AGREEMENT IS CONCLUDED. BE AWARE, THAT TRADING BINARY OPTIONS IS SPECULATIVE AND HIGHLY RISKY ACTIVITY, INVOLVING A SIGNIFICANT RISK OF LOSS, WHEREAS THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT CONTAIN USAGE OF A HIGH FINANCIAL LEVERAGE. IN RELATION TO THAT FACT, CONSIDER CAREFULLY IF THIS KIND OF FINANCIAL ACTIVITY IS IN ACCORDANCE TO YOUR PERSONAL NEEDS, CIRCUMSTANCES AND MOSTLY YOUR FINANCIAL RESOURCES. WE STRONGLY ADVISE YOU TO USE FUNDS ASSESSED BY YOU FOR HIGH RISK SPECULATIVE FINANCIAL TRANSACTIONS. YOU SHOULD NEVER INVEST FUNDS YOU CANNOT AFFORD TO LOSE.
THERE ARE NOT ALL POSSIBLE VARIANTS OF RISKY ACTIVITIES DETAILED IN THE CAUTIONS OF THIS AGREEMENT, WHICH CAN BE IN ASSOCIATION WITH THE KIND OF TRANSACTIONS CONSIDERED UNDER THIS AGREEMENT.
Trading Binary Options in particular is speculative and involves extremely high risk and high financial leverage. It is manifestly stated by the Client that he fully understands that minor differences in market prices may occur in short time periods and may cause high profits or losses, all in short time period and that there is no existing method that can assure profits from Transactions in financial and other markets.
When trading binary options as with any financial or crypto assets, there is a possibility that you may sustain a partial or total loss of your investment funds when trading. As a result, it is expressly advised that you should never invest with, or trade upon, money which you cannot afford to lose through this manner of trading.
Binary Option trading involves a real risk of loss. Please ensure you read through our terms and conditions of use carefully before making digital options investments.
You understand that laws regarding Financial and Crypto Contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any laws, regulations or directives, relevant to your country of residency with regards to the use of the Web site and/or the System. For avoidance of doubt, an actual ability to access the Company’s Web site does not necessarily mean that the Services and your activities are legal under the laws, regulations or directives, relevant to your country of residence.
It is the responsibility of all visitors to the Website to ensure that their interaction with us is strictly within the law and corresponds to the strictures enforced in their own country of residence. Customers should be aware of their potential individual capital gain tax liabilities in their country of residence.
You hereby confirm, after conducting the necessary inquiries, that there is no legal constraint which precludes you from using the System or executing Transactions as described in this Agreement.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED 24CRYPTEX HEREUNDER AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, 24CRYPTEX, ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTIAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN CRYPTEX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT PT’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL CONDITIONS OF THE AGREEMENT.
The use of the Trading Platform is solely designated for sophisticated users with the ability to sustain swift losses up to total loss of the invested money. You are responsible for careful consideration whether such Transactions suits you and your purposes while taking into consideration your resources, your personal circumstances and understanding the implications of actions made by yourself. It is highly recommended that you consult with tax experts and legal advisors.
1 About us
1.1 About us
About: 24 Cryptex was developed by experts with extensive knowledge from various financial and crypto fields. Thanks to our joined efforts we were able to produce a modern platform which stands out on the current binary market.
1.2 About the platform
24Cryptex is a binary options trading platform, offering our global customers online trading experience from the comfort of their home by using user-friendly interface, fast learning form and great bonuses and special offers. We offer you many different assets for trading options of all types, amongst a wide variety of fiat currencies, crypto pair and commodities, so that every investor will be able to find what he is looking for. Our platform is easy to use, so you can advance your skills, enjoy exciting experience with online trading and maximize your potential. It is designed to satisfy both novice and advanced level traders; system is smooth and fluent and operates accurately. When starting, you have the possibility of choosing a demo account and test-run the platform in advance. Our platform can be used anywhere, anytime via any device with internet connection
2 Interpretation of terms
2.1 Definitions of terms
Definitions of terms described in this section hereof shall have the meaning set out below throughout the whole Agreement:
- “Agreement“ - means the agreement between you and 24CRYPTEX, content and subject of which is created by these General terms and related documents as described herein below in section 3;
- “Balance” means the actual amount of Funds on the Trading account;
- “Binary Option” or “BO” means the financial instrument traded under this Agreement, allowing traders to earn a fixed amount in case they correctly predict the future progression of the value of the Underlying Asset in certain period of time (move up or down in relation to the Strike Price, etc.);
- “Business Day” means each day of a week except for Saturday, Sunday and official holidays of of the countries of the respective transactions;
- “Business month” is a period of one calendar month commencing with the first day of the respective calendar month and ending by the last day of the same calendar month;
- “Expiry Date” means the time set for the certain Transaction with respect to certain Underlying Asset upon which any open Transaction for such Underlying Asset expires automatically;
- “Financial Data” means any financial and market data, price quotes, news, analyst opinions, research reports, signals, graphs as well as any other data or information provided to the Clients in connection with their use of the Trading Platform;
- “Financial Institution” means banks, brokers or other trading organizations and financial institutions;
- “Funds” shall mean the financial means credited to the Trading account;
- “General Terms” means this document;
- “Minimum balance” means the minimum amount of money stipulated in the Trading rules, required to be available on Trading Account in order to open a Transaction, as defined on the Trading Platform every now and then for each specific Underlying Asset;
- “Intellectual Property Rights” means patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright, rights in computer software, database rights, semi-conductor topography rights, utility models, rights in knowhow and any other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all other rights or forms of protection having equivalent or similar effect anywhere in the world;
- “Minimal trade” – is the minimum amount of trade stated in the document – trading rules which shall not be less than 1 USD;
- “Open Position” means position that has not been closed yet;
- “Quote” means information of the current price for a specific Underlying Asset;
- “Parties” shall mean the parties to this Agreement – the Company and the Client;
- “Personal Information” means your personal information (information that identify you), confidential information, tax related information, transaction information and any related information, and that of your Related Persons;
- “Position” means Client’s position in relation to any Binary Option at that time open on his Trading Account;
- “Profile” – means the interactive Client’s profile accessible via Website, where the Client has access to his trading history, actual BO trades, balance and other available information;
- “Registration Data” means certain personal and financial information that potential Clients may be required to provide to us during the registration process in order to enter into the Agreement with us (become our Clients) and to use our Trading Platform;
- “Repayment account” - is a bank account to which withdrawals by us to the Client shall be made. Unless otherwise agreed in writing the Repayment account shall be deemed as any of the source accounts from which the Client has funded his Trading account.
- “Retail Client” shall have the meaning stipulated in separate document prepared for these purposes – client categorization;
- “Services” means the services offered by the Company to the Client under this Agreement;
- “Software” means the software provided by us, which ensures running of the Trading Platform.
- “Trading Account” means a personalized Client’s online trading account held with the Company, designated with a unique account number and used for the purposes of trading with the Company;
- “Trading Platform” or the “Platform” means any online trading platform available to the Client, operated and maintained by the Company, consisting of a trading platform, software, databases, p, programs etc. used for placing orders, receiving price information and market related news as well as enabling a real-time revaluation of the open positions via the internet;
- “Transaction” means either the opening or closing of a Binary Option or, both either by you or us;
- “Underlying Asset” means the financial instrument such as fiat currency, crypto, commodities, on which a derivative’s price is based. This list is subject to change and investors must refer each time on the Trading Platform.
- “Underlying Market” means the relevant market where the Underlying Assets are traded;
- “Website” means the website accessible at the address: https://www.24cryptex.com, https://www.24cryptex.io and related websites;
- “Win” means the situation predicted by the Trading rules, when the Client becomes entitled to certain amount of financial means as a result of successful trade made via the Platform.
2.2 Other definitions may be at the text of the Agreement.
2.3 In these General Terms:
- a) the singular includes the plural and vice versa;
- b) a reference to a person includes a natural person, company, corporation, trust, partnership, organization, society, joint venture or governmental agency, in each case whether or not having a separate legal personality, and any association of entities; and
- c) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
ENTERING INTO AGREEMENT
3.1. After filing in the requested minimum of details by the client in the respective section of the Website during the registration process, which is finished by confirming the consent of the Client with the text of the Agreement the registration application is submitted to us by the Website application. At this moment the Agreement is concluded.
SUBJECT MATTER OF THE AGREEMENT
3.2. By entering into an Agreement 24CRYPTEX undertakes, subject to perfect fulfillment of all duties of the Client hereunder, to provide Services to the Client under the terms stipulated herein and in the related documents, mainly to provide to the Client access to the Trading platform, and allow the Client to carry on the available transactions (BO trades) through the Platform.
3.3. By entering into an Agreement the Client hereby undertakes to carry on BO trades via the Trading platform solely in compliance with the trading rules and with all conditions set out in the Agreement, as well as to fulfil his duties, in accordance with the terms stipulated herein and in the related documents.
3.4. Other duties of the Parties are stated below in these General terms, as well as in the other related documents hereto. Both Parties commit to fulfill all the obligations set forth in the Agreement.
RELATED DOCUMENTS, CONFLICTS
3.5. Documents stated below do constitute the Agreement.
- a) General terms
- b) Trading rules
3.6. In case of discrepancy between those documents, they will prevail over the other in the order stated above.
3.7. Between the Parties may be concluded other special agreements. If there is a conflict between this Agreement and the terms of special agreements, the later closed shall prevail.
3.8. The Agreement constitutes the entire agreement between 24CRYPTEX and you relating to the provided deposit account service and it supersedes any prior representations, discussions, undertaking, communication, or advertising occurred between the Parties.
3.9. The contents of the Agreement may change during the term of the Agreement.
3.10. The conditions stipulated in the Product terms may change subject to an agreement of the Parties stipulated in the same manner as the previous Product terms were concluded.
3.11. We may change these General terms as well as other documents constituting this Agreement (except for the Product terms) at any time. Unless otherwise specified in the relevant document, when we do so, we will tell you about those changes at least 14 days before the change become effective. However, where changes are made to protect the security of our systems or to comply with a change in the law, we can tell you after the change have become effective. We will tell you about changes to these General terms, taking into account the impact of the change to you. To tell you about the change we may use one or more of the following ways by:
- (a) Writing to your email;
- (b) Display on our Website;
- (c) Display in your Profile;
- (d) Other means appropriate or agreed between the Parties.
3.12. This Agreement shall be valid for a definite period of time from the conclusion of the Agreement until it is terminated either by the Client or the Company or both.
Termination and Results of Termination
3.13. Without any waiver of the Company’s rights under this Agreement to terminate it immediately without former notice to the Client, we may terminate this Agreement with immediate effect by giving notice to the Client. We may as well terminate the Agreement with giving a notice period to the Client, in such case the Agreement end by the end of the notice period stated in the termination notice. The Client shall have the right to terminate the Agreement with immediate effect by sending written notice to the Client at least seven business days in advance.
3.14. Any obligation already incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder shall not be affected by termination of this Agreement by any Party.
3.15. All amounts payable by the Client to the Company shall become immediately due and payable upon termination of this Agreement, including all outstanding costs and any other amounts payable to the Company without limitation, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
3.16. After the notice of termination of this Agreement is sent:
- a) the Client is obliged not to Open any new trade;
- c) the Company is entitled to refrain the Client access to the Platform(s) and reserves the right to limit the functionalities the Client is allowed to use on the Platform(s);
- d) the Company has the right to refuse to realize any new trades of the Client;
- e) the Company reserves the right to keep Client’s funds as necessary in order to close any of the positions which have already been opened and/or pay all the pending Client’s obligations under the Agreement.
3.17. Upon Termination any or all the following may apply:
- a) The Company has the right to set off the balances in the Client’s Accounts and for this purpose the Company reserves the right to combine any of Client’s Accounts as such and / or to close any of the Client’s accounts;
- b) The Company has the right to convert any currency in the Trading Accounts;
GENERAL DECLARATIONS OF THE CLIENT
The conditions set below are necessary to be met by every potential Client hereunder in order to become our Client:
4.1. Natural person is at least at the age of 18 years old and fully legally competent;
4.2. He has the right and legal capacity in accordance with the relevant legislation to be able to enter into this Agreement;
4.3. He is not bankrupt or insolvent, neither in receivership nor liquidation;
4.4. Has no previous convictions for fraud or dishonesty; and
4.5. He is not resident in any other possible country where the use of the Services would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where Binary Options trading activity or related services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject;
4.6. Who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
The Client hereby declares that:
4.7. He acts on his own behalf. In other case, he is obliged to meet the requirements for identification of beneficent and the relevant international rules governing fight against money-laundering and financing of terrorism so that he will provide us with documents in paper form to prove this identification of beneficent;
4.8. His funds transferred to his Trading Account do not origin from any crime and are not designed for financing of terrorism; the financial institution from which the funds were transferred is subject to relevant AML legislation and has already verified all necessary information regarding the source of funds and the Client.
4.9. His financial means transferred to his Trading Account are not burdened with pledge or any other burden or rights of third persons which are in contrary to the subject and sense of the Agreement;
4.10. He has read this Agreement and that any and all context connected with provision of the Services, all risks and costs connected with such Services were fully explained to the Client;
4.11. He is fully aware of the duty to tax the income generated in connection to this Agreement in compliance with the legal regime of the state of the his tax residency;
4.12. The Services are available only to, and may only be used by those who have sufficient experience and knowledge in related financial issues to be capable of evaluating the merits and risks of and have done so without relying on any information contained in the Website. To eliminate any doubts, we are not obliged to verify and/or check whether you possess sufficient knowledge and/or experience as such, nor shall it be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience.
4.13. The Client hereby declares that he fully agrees with our disposal with the Funds credited into his Trading Account within the meaning of the Agreement. By this Agreement the Client mainly provides us with unlimited right of disposal with the actual balance at the Trading Account, and such right is provided for the whole duration of the Agreement without the necessity to inform the Client in any way in advance about the execution of the right of disposal with the balance. The Client hereby undertakes not to withdraw or limit in any way the given right of disposal, which would only be possible under the conditions of early withdrawal.
4.14. The Client is obliged to inform us of any and all changes which may influence his ability to understand the nature of the transactions and to the specific risks connected with the transactions according to this Agreement. The Client is obliged to inform 24CRYPTEX immediately of the fact that any of the above described declarations would become incorrect or inaccurate.
4.15. Without derogating written above, we are entitled, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
4.16. You acknowledge that we may provide the Trading Platform to third parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
4.17. Where applicable, the Client may be subject to client categorization, as set out in separate document, which forms an integral part if the Agreement.
Risk an Liability declarations
Trading in Binary Options in particular is speculative and involves extremely high risk. It is manifestly stated by the Client that he fully understands that minor differences in market prices may occur in short time periods and may cause high profits or losses in relation to the securities, as high as total loss of all funds on the Client´s account, all in short time period and that there is no existing method that can assure profits from Transactions in financial markets.
4.18. By entering into the Agreement, you hereby approve that you are aware of the following:
- a) The transactions carried out via the Trading Platform may be considered as special risk transactions and carrying them out might involve high level of risk.
- b) You agree and confirm that you have full information and knowledge regarding options, including Binary Options and the risks involved in options Transactions in general and Binary/Digital Options Transactions in particular. Carrying out Transactions is at your sole discretion and you hereby undertake the risks involved in such Transactions and has the financial capability to finance the aforesaid Transactions.
- c) In the event of trading in Binary Options you might expose yourself to considerable loss.
- d) You know that incorrect decision in trading may cause you considerable loss.
- e) You are aware and you hereby acknowledge that we cannot control your actions and you are required to make necessary inquiries as to the legal status of your activities and applicable local laws and regulations, as currently in force in your place of residence and abide by such laws and regulations.
- f) To avoid any doubts, the you shall not carry on using the Trading account and trading in the binary options through the Trading platform where such conduct would be illegal according to the law applicable to you, and the Company reserves the right to refuse to provide and/or cancel Services, in whole or in part, to anyone at any time, at its own discretion without cause, including but not limited to events in which the Company learns that you are performing activities which are not regulated under the laws of your place of residence.
- g) Any Client by using our Services accepts, that the Company has the right to close immediately without a notice and at any time, any transaction executed by the Client in case that his portfolio shall be of zero or less value, as estimated according to the fluctuations in the financial contract’s prices.
- h) All the Transactions shall be carried out on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement. To remove any doubts, in any event, any sum to be claimed by you may not exceed your Balance.
- i) You are responsible for ensuring that you and you alone shall control access to your Trading account, and that no minors are granted access to trading on the platform. In any case, you remain fully liable for any and all positions traded on your Trading account. You shall also indemnify the Company in respect to all costs and losses of any kind, whatsoever as may be incurred by the Company as a result, direct or indirect, of your failure to perform or settle such a transaction.
- j) Furthermore, it is hereby clarified that the Company is not, and shall not, be responsible in any way to the accuracy of any information published on its Web site by itself or by others, and every published or referenced item of information should be regarded as unfounded information for the purposes of managing your activity and risks. We strongly emphasize that you must ensure that all information required by you was checked and confirmed by yourself, through independent information sources to your satisfaction prior to the execution of any action by yourself on the Web site. If you do not have the knowledge and/or experience and/or personally assessed data or execute transactions based on a learned basis please do not use our Website or the trading platform.
5 Account registration and Client verification
5.2. Client must satisfy our identity control checks in respect of client account verification, which may take place at any time, (but mostly when requested higher trading limits), and will be required to provide their (including their director’s and senior manager’s):
- a) full legal name;
- b) residential address or registered address (whichever is applicable) and address for service;
- c) date of birth (if applicable);
- d) occupation (if applicable);
- e) a copy of passports or driver’s licenses (if applicable);
- f) certificate of incorporation if a company or other corporate entity(if applicable).
- g) bank account number(if applicable);
5.2. We may, from time to time, at our sole discretion, ask you to provide proof of identity (such as notarized copy of passport or other means of identity verification as we deem required under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
5.3. You hereby warrant and undertake that:
All details provided by you to the Company are true, complete and accurate and that you are an adult over the age of 18 (or the required minimum age in your country of residence) so that you may be legally bound by the terms of this Agreement and that you are an experienced investor who has sufficient financial knowledge and experience to understand and independently evaluate the risks entailed in the activities contemplated under this Agreement.
You shall be the sole owner and beneficiary of the account.
OPENING OF THE TRADING ACCOUNT, ACTIVATION
5.4. After entering into the Agreement and submitting all required documents, the Client’s Trading Account is created, including unique internal identifications of the Trading Account.
5.5. Access to the information about Client’s Trading Account is provided to him via Website interface.
5.6. The Trading Account shall be activated upon the Client depositing the Minimum balance.
5.7. Upon the opening of the Trading Account, the Company shall issue you with a confidential personal identification code number (hereinafter: the “Client ID”) to be used by you to operate your Trading Account via the Internet. You hereby irrevocably undertake to safeguard the Client I and hereby waive any and all claims against the Company relating to any unauthorized use of the Access Number.
5.8. Client is obliged to keep the confidentiality of the information necessary to access his account interface and accepts that the Company is not responsible for any breach of this obligation by him.
5.9. Client shall not allow the use of his account interface to third parties, where a third party is not meant a person who is a co-owner of the Client account created as a Joint account.
5.10. Client accepts that his account interface may not be available at all times, especially with regard to the necessary maintenance of indispensable hardware and/or software.
5.11. We might require proof of identity or other information at other times, for example, when the Client, his authorized signatory or attorney withdraw money from his account.
5.12. It is solely in our discretion as to whether or not we will open an account or provide any product or service to the Client. We can decline Client’s application for Trading account or other product or service, without providing him with a reason for doing so.
5.13. The Client may also be asked at any time to provide information about people with access to, or authority over, his accounts (such as authorized signatories). This may include satisfactory proof of their identity and/or authority to act on his behalf. If the Client is an organization, he may also be asked to provide satisfactory proof of identity of his beneficial owners.
5.14. A power of attorney gives someone the right to sign documents or enter into agreements for you. We do not have to agree to let a person with a power of attorney use your Trading account(s) for you. If a power of attorney is used, you or your attorney will need to provide us with a copy of the power of attorney, and we might ask you to confirm any transactions your attorney makes. Your attorney will need to provide us with a certificate of non-revocation when the power of attorney is used. If you would like your attorney to carry out day to-day transactions on your Trading account, we recommend you appoint that attorney to be your authorized signatory instead of using a power of attorney.
5.15. Responsibility for others operating your Trading account: You will be fully responsible for anything that your authorized signatory or attorney does (or fails to do) with respect to the operation of your Trading account.
CHANGES IN DETAILS
5.16. You are obliged to inform us with no delay about any changes to your personal details (including your residential or email address, telephone or facsimile numbers, legal status or capacity), rights in respect of any account, or any other change affecting your relationship with us. If you are an organization, or operate a business, you must let us know as soon as there are any changes to your beneficial owners (unless you are a listed company), registered office or any other information we have asked for. This information will only be corrected once we receive it.
5.17. Upon conclusion of the Agreement we will set up the Trading Account in your name, registered email adress. The Trading Account and other relevant details shall be in accordance with the Registration Data provided by you, as shall be required by us from time to time. By using our Services, you confirm that the Registration Data and other information provided by yourself is complete, true and accurate. It is hereby clarified without any doubts that the provision of misleading information may be regarded as an offence and shall entail immediate cessation of activities in your Trading Account or its immediate closure.
5.18. By accepting all of the terms and conditions of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you, that the Company carries out orders and activities in accordance with your instructions, all in accordance with the powers granted to the Company under this Agreement and/or for the provision of the Services.
INACTIVE AND DORMANT CLIENT ACCOUNTS
5.19. If the Trading Account is inactive for three months or more, we reserve the right to charge a monthly account maintenance fee in the amount of USD 5 per month of dormancy.
5.20. In the event of inactivity or dormancy, the company reserves the right to cancel any unused (“active”) bonuses. 5.21. The Client is obliged to take all necessary precautions to make sure that the possible heirs or other successors will be informed about the Trading account for the case the Client dies or is closed or dissolved. We have no duty to take any steps to find out whether the client has died or has been dissolved or closed and to find out the possible successors. The Funds in these cases shall remain in the disposal of the Company until the legal title of the successor is undoubtedly proven to us by relevant document.
6 Client’s funds
6.1.You hereby declare that all funds to be deposited by you in your Trading Account, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
6.2.Unless otherwise agreed mutually in writing, the Funds shall be credited by the Client to The Account via bank transfer from bank account belonging to the Client or via crypto transfer from the Client crypto wallet.
6.3.May the Funds be transferred from any other account than an account belonging directly to the Client, the Client is obliged to ask for prior written permission from 24CRYPTEX, which may be subject to further investigation carried on by the 24CRYPTEX (mainly regarding the source of the funds as well as other important information).
6.4.The Funds shall be transferred to the Trading Account according to the instruction provided to the Client together with other instructions regarding the Client Account after concluding the Agreement in the finace section, deposit menu. May the Client breach the duty to send to Funds to the Trading Account according to these instruction, the Client shall be liable for any inconvenience caused as well as all possible damage caused to any of the Parties.
6.5.It is irrelevant what amount was deducted from the other account of the Client when funding the Trading Account. Only the amount credited to the Trading Account symbol shall be decisive for the Balance of the Trading Account.
6.6.The Client bears all the costs possibly connected with the transfer of the Funds to The account.
6.7.The Client may deposit his funds into the Trading Account at any time during the course of this Agreement, after the account is verified. Deposits will be made via wire, crypto transfer or any other methods accepted by the Company. The Company will not accept third party or anonymous payments in the Client Account.
6.8.The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into his Trading Account. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds.
6.9.If the Client makes a deposit, the Company shall credit the Trading Account with the relevant amount actually received by the Company within one Business Day following the amount is cleared in the bank account of the Company.
6.10.The FIAT Funds shall be sent to the Trading Account in the stipulated currency (where applicable) and from a bank account held in such currency(not available yet). Crypto currencies must be sent to the relevant crypto address of the trading account. The Client carries all possible costs in respect of the fiat exchange conversion.
6.11.If the funds sent by the Client are not deposited in the Trading Account when they were supposed to, the Client shall notify the Company and make a banking investigation of the transfer on his own costs.
Note: bank account transfer are not implemented yet, therefore rights and duties in connection of repayment account are not valid.
6.12.When certain amount of Funds shall be repaid to you under the Agreement, such amount will be paid to your Repayment account, in respect of bank transfer(not available yet) or to your crypto address of your crypto wallet.
6.13.You hereby declare that the Repayment account(not available yet) or crypto address belongs to you fully and you have unlimited right to disposal towards it.
6.14.You are obliged to inform us about any changes of ownership or disposal rights to the Repayment account.
6.15.You may change the Repayment account by informing us in writing with a verified signature. Further documents for verification of the ownership and other matters regarding the “new” Repayment account will be required by you. In case that you do not provide us with sufficient evidence, the change of Repayment account will not be allowed and the money will be repaid to the original Repayment account or (according to our discretion where it seems reasonable, e.g. you have informed us about change of ownership etc.) held by us at the Account until you satisfy our queries regarding the new Repayment account.
6.16.We bare no responsibility with regard to the Repayment account, e.g. with regards to the accuracy of the Repayment account number, ownership rights etc. In other words, the
Client is fully responsible for providing us with correct Repayment account information, as well as for his full capacity to the Repayment account.
6.17.The Company shall effect withdrawals of Client funds upon the Company receiving a relevant request from the Client in the method accepted by the Company from time to time.
6.18. Once the company has received instructions from the client to return the crypto funds from the trading account to client crypto wallet, the company should perform this crypto transfer within a few tens of minutes.
6.19.Upon the Company receiving an instruction from the Client to withdraw funds from the Trading Account to the repayment account(not available yet), the Company shall pay the said amount within five (5) Business Days, if the following requirements are met:
- (a) the withdrawal instruction includes all necessary Personal Information;
- (b) the instruction is to make a transfer to the Repayment account;
- (c) the account where the transfer is to be made belongs to the Client;
- (d) at the moment of payment, the Client’s balance exceeds the amount specified in the withdrawal instruction including all payment charges;
- (e) there is no Force Majeure event which is prohibiting the Company from effecting the withdrawal;
- (f) the Client must be fully verified according to verification guidelines set forth on the Website.
- (g) there are no Open Positions in your Trading Account. All Positions must be closed/settled prior to submitting your withdrawal request.
6.20.It is agreed and understood that withdrawals will only be effected towards the Client.
6.21.The manner in which we transfer funds to you will be in our absolute discretion. The Company reserves the right to decline a withdrawal request of the Client asking for a specific transfer method and the Company has the right to suggest an alternative.
6.22.All payment and transfer charges of third parties will be borne by the Client and the Company shall debit the relevant Trading Account for these charges.
6.23.Mistakes made by the Company during transfer of funds shall be refunded to the Client. It is understood that should the Client provide wrong instructions for a transfer, the Company may be unable to correct the mistake and the Client may have to bear the loss.
6.24.We reserve the right to seek reimbursement from you, if we receive a charge-back from any credit card issuer or with respect to any other payment method, for any reason. We may obtain such reimbursement by charging your Trading Account, deducting amounts from future payments owed to you, charging your credit card or obtaining reimbursement from you by any other lawful means. All bank charges howsoever arising will be deducted from your Trading Account.
6.25.In case there is any balance in Client’s favor left at your Trading account, the Company will transfer those funds to the Client under the conditions herein: there is not even suspected illegal activity or Client’s fraud, nor instructions from the relevant authorities. The funds will be transferred as soon as reasonably practicable and you will be noticed that your Trading account Balance was transferred, after withholding adequate amounts in respect of future liabilities that in the Company’s absolute discretion are considered appropriate. We will make payments only to the Repayment account, unless otherwise stipulated in writing between the parties.
6.26.Client is obliged to fulfill all the duties regarding the provisions of information about the Client and required documents proving the personal information to be true and valid.
CLIENT MONEY HANDLING RULES
6.27.The Company may hold Client funds and the funds of other clients in the same account (omnibus account).
6.28.The Company may deposit Client funds with a third party (i.e. Financial Institution, a market etc.) who may have a security interest, lien or right of set-off in relation to that money.
6.29.The third party to whom the Company will pass funds may hold it in an omnibus account and it may not be possible to separate it from the Client’s funds, or the third party’s funds. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the funds received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
6.30.The Company shall have a general lien on all funds held by the Company or its Associates or its nominees on the Client’s behalf until the satisfaction of his obligations.
COMPANY’S RIGHTS REGARDING THE OPERATION OF THE TRADING ACCOUNTThe Company reserves the right to suspend the Transactions being made via the Website or sections thereof under the following circumstances:
6.31.when, as a result of political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility and power of the Company, the continued Transactions on the Trading Platform shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a price cannot be calculated for financial betting contracts; or
6.32.when there is a breakdown in the means of communication normally employed in determining the price or value of any of the asset or where the price or value of any of the asset cannot be promptly or accurately ascertained; or
6.33.when the Company has a reason to suspect that the Trading Platform was abused by you or that you have used some means in order to affect or manipulate the Trading Platform in general or the price of a specific Transaction in particular.
7 Rights and duties of the Client
7.1. Without limiting the legal duties the Client has towards the Company, the Client is liable to the Company and indemnifies it for all losses, costs, expenses and liabilities arising from or relating to his Trading Accounts and our contractual relationship except if the Company’s losses, costs, expenses or liabilities result directly from its fraud or negligence. Your liability and indemnity while being our Client is subject only to your specific exclusions of liability under these General Terms set out above. Without limiting the above, you agree to indemnify the Company against:
- a) all loss, including consequential loss, suffered by the Company and/or other people that is caused by you acting fraudulently, either alone or together with any other person;
- b) some or all loss arising from unauthorized access to your Trading Account(s) if you have willfully or fraudulently caused or contributed to that loss or have failed to comply with these General Terms or any other applicable terms and conditions;
- c) all losses arising from the Company acting on unauthorized, forged or fraudulently given instructions that it could not reasonably detect; and our General Terms.
- d) all loss, costs, or damage suffered by the Company, our customers or a third party, or for any claim or action brought against us by a customer or third party which results either from your misuse of our Services or failure to comply with these General terms.
7.2. The Client has the duty to inform us of any and all changes which can possibly influence his ability to understand the nature of the Transactions and to the specific risks connected with the Transactions according to this Agreement.
7.3. The Client has the duty to inform us immediately of the fact that any of his declarations described in this Agreement would become incorrect or inaccurate.
7.4. You shall duly report your activities to any applicable tax or other authority, as may be required by any laws applicable to you or to your country of residence and you shall pay all applicable taxes, levies, governmental fees and charges associated with the activities of your Trading account including required deductions at source and you forego any claim against the Company in this respect.
7.5. You shall not abuse our Website nor the Trading Platform for the purpose of money laundering. The Company employs best-practice anti-money laundering procedures, which may have several effects on you. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the Transactions of, customers who do not accept or adhere to these anti-money laundering processes.
8 The Company’s privileges and obligations
ADVISE AND COMMENTARY
8.1. Client acknowledges that the Company will not advise him about the merits of any form of his investment decisions. The Services neither do include the provision of investment advice in financial instruments or the Underlying Markets or Underlying Assets. The Client shall decide solely how to handle his Trading Account and place transactions and take relevant decisions based on his own judgment.
8.2. The Company is not under any obligation to provide the Client with any legal, tax or other advice in relation to any Transaction. It is solely on Client’s responsibility to make his investment decisions without previous seeking for independent advice before entering into a Transaction.
8.3. We may, from time to time and at our discretion, provide the Client with information, news, market commentary or other information or post information as such on our Website. This is not included as a part of Services to the Client. Where we do so:
- (a) we are not reliable for such information;
- (b) information as such is provided exclusively in order to enable the Client to make his own investment decision and cannot be perceived as any kind of investment advice or financial promotion towards the Client;
- (c) the Client agrees not to pass the document on person, on which there is a restriction in the document to be passed on;
- (e) the Client accepts that prior to providing information as such, the Company may have acted upon it itself to made use of the information on which it is based.
8.4. It is understood that any information provided or made available by the Company are subject to change and may be withdrawn at any time without notice.
8.5. By using our Services, Client agrees, that we do not warrant that:
- a) any of the facilities and functions of our Trading Platform will meet Client’s individual requirements;
- b) any of Client’s hardware, software or electronic connections are compatible with our hardware and software employed by us to provide the Trading Platform;
- c) usage of the Trading Platform will not be interrupted, secure and error-free and Client agree that the existence of any minor errors does not constitute a breach of this Agreement;
- d) we will be able to prevent any third party disruptions of and to the operation of the Trading Platform(e) any errors will be corrected in the Trading Platform; or
- e) we will detect every minor error or bug in the Trading Platform.
8.6. By using our Services, Client acknowledges that we are not responsible for communication failures, distortions or delays when trading online nor do we control the transfer of data over telecommunications facilities.
8.7. Client acknowledges that the trading he conducts via the Trading Platform can expose him to greater risks than regulated exchange transactions;
8.8. We hereby further disclaim any liability or loss resulting from or related to any:
- a) disruption of Client’s connections to the internet;
- b) loss to or corruption of any of Client’s data or records;
- c) security breaches resulting in any third-party software or networking goods or services or from actions or events outside of our reasonable control;
- d) provision of security-related services that we may consensually provide outside the scope of the Agreement; and
- e) use of the Trading Platform that is not in strict compliance with the Agreement, or any technical documentation we make available to Client by either by sending it to him or by any other means;
- f) any failure by us to fulfill any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond our control;
- g) any person obtaining Client’s Trading Account credentials prior to the his reporting to us of the misuse as such;
- h) unauthorized access of any third party to information, electronic communication, personal data and Trading Account credentials when the above are transmitted between the Parties or any other party, using any of possible communication facilities or any electronic means;
- i) any kind of information, data, warnings or recommendation found on the Website;
- j) any changes in the tax rates;
- k) the contents, correctness, accuracy and/or completeness of any communication or data exchange generated by the use of the
- Trading Platform;
- l) any kind of acts or omissions of the Client;
- m) slippage occurrence; and
- n) currency risk materializing.
8.9. With respect to any Financial Data or other information that we or any third party service provider provide to the Client in connection with his use of our Trading Platform:
- a) neither we nor any provider as such are not responsible or liable if any data as such or information is inaccurate or incomplete in any respect; also we are not responsible or liable for any actions that the Client takes or does not take on the basis of such data or information
- b) the Client will use such data or information solely according to and for the purposes set in the Agreement;
- c) such data or information is property of ours and of a third party providers as applicable, and the Clients shall not retransmit, redistribute, publish, disclose or display any part of such data or information to third parties; and
- d) the Client will use such data or information exclusively in compliance with any relevant applicable laws and regulations.
LIMITATION OF LIABILITY
8.10. Our aggregate liability subjected to the paragraphs here above to the Client in respect of all claims arising out of or in connection with the Agreement (including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to the aggregate amount of the deposits less withdrawals on the Client’s Trading Account.
8.11. Subject to paragraphs here above of the Agreement, the Client will be liable to us for:
- a) any loss (either direct or indirect) of revenue or profits;
- b) any loss (either direct or indirect) of anticipated savings;
- c) any loss (either direct or indirect) of goodwill or injury to reputation;
- d) any loss (either direct or indirect) of business opportunity or loss arising from business interruption;
- e) any loss (either direct or indirect) of or corruption to data;
- f) indirect, consequential, incidental, exemplary, punitive or special loss or damage in any case arising out of or in connection with the Agreement including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise, and regardless of whether either party knew or reasonably had to know of the possibility of the loss, injury or damage in question.
8.12. Nothing set forth in the paragraphs here above will exclude, limit or restrict the Client’s liability for fraud or fraudulent misrepresentation committed by him or any third party on his behalf.
8.13. There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as those specifically stated in the Agreement.
8.14. We are not liable in any way whatsoever for any claims, suits, contentions, losses, expenses, damages etc. incurred by the Client as a result of his reliance on any information provided by us.
8.15. The maximum loss that the Client may incur using the System, is the amount of funds he paid to us as collateral and/or any sums in his Trading Account which he used to purchase financial contracts.
8.16. We do not provide a market amongst or between the Clients for investments, securities, derivatives or speculations. Each financial contract purchased by the Client via the Trading Platform, is an individual agreement between the Client and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.
8.17. Unless otherwise agreed on by the Parties mutually in writing, according to the exclusions of liability made by the Client, irrespective of any other term or condition in any agreement between the Client and us, we are not liable for:
- a) Any damage caused by the Client, or any third party acting on his behalf, providing us with wrong information;
- b) losses caused by the Client’s user error by you or any third party acting on his behalf;
- c) any damage arising as result of actions taken by us in compliance with the Agreement or other applicable terms and conditions;
- d) any damage arising out of unauthorized access or fraud in relation to the Client’s Trading Account or Services, which have been committed by the Client or third person acting on his behalf;
- e) damage caused by circumstances beyond our control, including any machine or system failure, or any strike or dispute;
9 Fees and charges
9.1. Unless otherwise stipulated – we will charge only from your successful trades. The amount of the fee will be calculated as 0-5% for the invested amount of the successful trades.
9.2. Other fees in connection with this Agreement are stipulated in separate document or on our Website.
9.3. We might, from time to time, impose fees and charges in relation to the Services provided by us. We can change our fees and charges at any time.
9.4. We will notice the Client with regard to any new fees or charges, or any changes to our fees and charges, at least 14 days before the change takes effect. We will notice the Client about the changes in one or more of the following ways by
- a) writing to him at the last email address he has provided to us;
- b) notice in the media (including public notices); or
- c) display on the Website.
10 Special offers and bonuses
10.1. Our company provides special offers and bonuses to the Clients.
10.2. Valid bonuses and special are available and set on the Website in Help section.
10.3. The Client shall be entitled to any special offers and bonuses subject to due fulfillment of his duties hereunder.
10.4. The special offers and bonuses may be cancelled or changed from time to time. The Clients will be informed about such change through the Website of via his Profile. The Client will also be informed about the effectiveness of the change made in the special offers and bonuses policy, which is in full discretion of the Company.
11 Protection of Personal Data
11.1. Client agrees to the processing of his personal data that are required in the Agreement by 24CRYPTEX for the purpose of realization of the rights and obligations under the Agreement. Personal data are required for the purpose of realization of the rights and obligations under the Agreement, for the purpose of maintaining Client Account and information to the Client. 24CRYPTEX can also provide Personal data to third persons, if necessary to fulfillment of the terms of the Agreement or to proceed according to the Regulation.
11.2. Client acknowledges that he is obligated to specify his Personal data (in Agreement, when using the Client account etc.) correctly and truthfully and without undue delay inform 24CRYPTEX about any change in his Personal data.
11.3. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated method or in a printed form in a non-automated method.
11.4. Client acknowledges that provided Personal data are accurate and that he was advised that it is voluntarily providing of his Personal data.
12 Privacy, AML
12.1 You hereby undertake to keep strictly confidential from any third parties all information related to the Agreement without prior written consent of 24CRYPTEX, unless permitted by the law.
12.2 This confidentiality obligation remains in force throughout the term of the Agreement as well as for ten (10) years after the termination of the Agreement.
12.3 According to the relevant legislation 24CRYPTEX shall respect the banking secrecy obligations. However, this obligation may be lifted in accordance with the law following a request from a regulator, the customs authorities or a criminal court.
12.4 24CRYPTEX, under the regulations regarding anti-money laundering and terrorist financing, shall report among others:
a) any transactions that could derive from drug trafficking, fraud, corruption or organized criminal activities or could be part of terrorist financing;
b) when the Client’s identification or the source of Funds is not verified;
24CRYPTEX may have a supervision system allowing it to meet its legal obligations.
12.6 The Client is able to discharge our confidentiality obligations by notifying us of the third parties to whom the Company is authorized to disclose information and also the nature of the information that may be disclosed.
12.7 24CRYPTEX may retain, disclose, analyze or use any relevant information about the Client (including information regarding its transactions) for the purpose of anti-money laundering and terrorist financing, as well as for credit assessment, analysis and research, insurance needs, or for administrative needs such as the back office management. This information may also be disclosed to other companies controlled by 24CRYPTEX or controlling 24CRYPTEX, as well as other organizations for audit or compliance purposes under the Regulation.
13.1 For the Agreement the time zone GMT +1 shall apply, unless otherwise expressly agreed between the Parties in writing.
13.2 These General terms, your Trading account and your relationship with the 24CRYPTEX are governed by the law of the country of the
13.3 The failure by any Party to insist upon the strict performance of, or to seek remedy of, anyone of the terms or conditions of this Agreement or to exercise any right, remedy or election set forth herein or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such term, condition, right, remedy or election, but such item shall continue and remain in full force and effect. All rights or remedies of the Parties specified in this Agreement and all other rights or remedies that they may have at law, in equity or otherwise shall be distinct, separate and cumulative rights or remedies, and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy of the Parties.
13.4 Bankruptcy Event – includes the following events under the Insolvency Act 2006 as amended:
an act of bankruptcy;
an application being made to declare a person, or a person is declared, bankrupt;
a compromise with, or any proposal to, creditors;
an application or order is made for a person’s estate to be administered as an insolvent estate;
a summary instalment order being made against a person;
becoming subject to the no asset procedure,
or any event similar to any of these or any step taken towards any of these, and a person suffers a Bankruptcy Event if any of these events occurs to that person or their estate;
13.5 Insolvency Event – in relation to a person includes:
the appointment to that person or its assets of a receiver, receiver and manager, judicial manager, statutory manager, trustee, administrator, liquidator, interim liquidator or any similar officer;
the removal, cancellation or suspension of that person’s registration under the legislation under which it was incorporated, constituted or established (irrespective of whether the registration is subsequently restored or reactivated) or the occurrence of an event, or the date arrives, on which that person is to terminate under that legislation or its existence is otherwise terminated, suspended or interrupted (except in each case for the purposes of, and followed by, a solvent amalgamation, solvent reconstruction or transfer of registration to
24CRYPTEX!DRAFT! GENERAL TERMS
Binary options platform
another jurisdiction in each case on terms previously approved in writing by 24CRYPTEX);
the suspension or prohibition of that person’s constitution or its officers’ powers;
any prohibition preventing that person from carrying on any activity;
any dealing is proposed or entered into by that person with its creditors to avoid insolvency;
REFUSAL TO ACT
13.6 We can refuse to act in accordance with your orders or instructions or even in accordance with the Agreement mainly in the following situations (as well as in situations not expressly described hereunder, which are of similar severity):
- a) it is uncertain (or there is an issue about) who owns the Funds in your Trading account;
- b) it’s necessary to protect an account owner or someone else who we believe has a legitimate claim to the Funds in your Trading account;
- c) You’re bankrupt/insolvent or in liquidation, or a similar situation has occurred;
- d) you don’t have contractual capacity declared before entering into the Agreement with us for any reason (e.g. due to illness etc.);
- e) you die, or provided you are a legal entity (partnership, company, etc.) a trustee, partner, or director dies or is removed;
- f) there is a court order which requires us to quit your Trading account;
- g) we found out or suspect that the Funds on your Trading account come from illegal sources, etc;
- h) we found out or suspect that you´ve acted in a manner, which constitutes a breach of the Agreement, or in a manner that is inappropriate, or unlawful.
If we refuse to let you use your Trading account, we’ll let you know as soon as possible why we’ve taken that action and if there’s anything you can or must do before we’ll let you use your Trading account again. We’re not responsible for any losses or costs you, or anyone else, incur because we’ve refused to let you use your Trading account.
14 Final provisions
14.1 The Parties declare that the Agreement was not concluded in distress, or under otherwise unilaterally unfavorable conditions or under pressure of any Party or third parties, and that it was concluded seriously, and that they are not aware of any facts that would exclude its conclusion, have not mislead each other and take note that in its entirety shall bear all responsibilities and consequences of knowingly false information provided by them.
14.2 The Parties declare that they have read the whole Agreement before signing it, that they understood it and that it expresses their own free will, in witness whereof they append their signatures.
14.3 If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid, in whole or in part for any reason, such illegal, unenforceable or invalid provision or part thereof shall be stricken from this Agreement and such provision shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken, then such stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
14.4 The provisions of the Agreement are applicable from the signing of the Agreement.