Terms & Conditions
1 Client’s Responsibility
1.1 It is the Client’s responsibility toconfirmthat all Transactions and Services received by him are not contradictory to any applicable law and to undertake any other legal duty emanating from the use of the Site.Residents from the following jurisdictions are prohibited from trading withGolden Expert : USA, Quebec, Argentina,Israel.Client holds sole liability for all Transactions in his Account, including all cards Transactions or other means of deposit and withdrawal Transactions (as stated below). The Client is responsible for securing his/herUsername and Password for his Account. The Client holdssole responsibility for any damage caused due to any act or omission of theClient causing inappropriateness of his/herAccount.
1.3 Without limitation of the aforementioned and only in the event of peremptory judgment by court or other authorized legal institution adjudicating that the Company and/or its Agents hold liability towards the Client or third party, the Company’s liability, in any event, will be limited to the amount of money deposited and/or transferred by the Client to the Account in respect of the Transaction which caused the liability of the Company and/or its Agents (if such was caused).
2 Financial Information
2.1 The manner of calculating the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered on the Site are detailed in this Agreement and updated from time to time. The offered assets and financial instruments and the manner of calculation may change from time to time based at the Company’s sole discretion.TheClient undertakes to be continuously updated on the assets and the manner of aforementioned calculation.
2.2 It is clear that the financial information on the Site (e.g. exchange rates, indexes and commodities) might be inaccurate, not updated and erroneous and the Company will hold no responsibility for losses and/or possible income loss caused to the Client or to third party due to reliance on the aforementionedinformation.
2.3 The Company is not obliged to continuously update the financial information on the Site and may remove the data from the Sitefromtime to time with no time limit and without advanced notice.
2.4 It is the Client’s duty to verify the reliability of the information on the Site and its appropriateness to his needs in
comparison with other reliable sources of information. The Company will hold no responsibility for allegedly caused claim, cost, loss or damage of any kind resulting from information presented on the Site or due to information the Site referred to.
2.5 The client approves and agrees that any oral information given to him, if given, in respect of his account might be incomplete and unconfirmed and any reliance on the information aforementioned the Client’s sole risk and responsibility. The Company does not give any warranty, neither explicit nor general, that pricing or other information supplied by the Company through Internet trading software or through phone or through any other form is correct or that it reflects current market conditions.
3 Trading Rescission
Trading on the Site or on part of it may be withdrawn without advanced notice. The Client will have no claim or right of indemnification for damages allegedly caused by trading rescission, whether for carried out Transactions or for Transactions allegedly intended to be carried out.
4 Limited Liability
4.1 The Company undertakes to supply steady Services on the Site. Notwithstanding, the Company does not guarantee that Services will not be interrupted, will be supplied steadily with no rescission, will be safe and errors-free and will be immune from unauthorized access to the Sites’ servers or from damages, malfunctions or failures in hardware, software, communication lines and in systems, in the suppliers of continuous trading data, in the Company, in the Client’s
computers and in the Company’s suppliers or its agents.
4.2 Supplying Services by the Company depends, inter alia, on third parties and the Company bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to Client and/or third party as a result of and/or in relation to any aforementioned action or omission.
4.3 The Company will bear no responsibility for any damage of any kind allegedly caused to Client which involves force majeure or any other external event uncontrolled by the Company which has influenced the Services and trading on the Site.
4.4 Under no circumstances will the Company or its Agents hold responsibility for direct or indirect damage, penalty damages, occasional, special or consequential damage and/or any other damage of any kind including, without limitation of the aforementioned, damages due to loss of use, loss of data or loss of profits, emanating from or related in any way to carrying out Transactions or to use of Services, or for delay in use of Services or incapability of carrying out Transactions or using Services or foreign provided Services or any information, software, product, Service and additional graphics obtained by the Services or emanating from any other manner of using of Services either by relying on agreement or by tort, either by absolute liability and/or any other cause, even if the Company or its Agents had been notified of the possibility of aforementioned damages.
5 Company’s privileges in Client’s accounts
5.2 TheClient confirms and agrees that the Company might impose restrictions on trade, payments, Services or any other restriction on the Account if required to by law, including without limitation, court order, tax authority, enforcement authorities and any other official authority requirement and due to carrying out its Conflict of Interest Policy. Client agrees that the Company might be required to payoff or block amounts of money existing in Client’s Account to fulfill requirements of the aforementioned authorities and the Client will have no right, claim or demand from the Company in respect of losses caused in his Account due to any such action and Client undertakes to indemnify the Company uponCompany’s first notice for any damage caused by Company’s aforementioned action.
5.3 Credit balance Account in which Client did not make any investments for continuous 6 months(“Non-Active Account”), will be charged with an annual maintenance fee of$50.00. Notwithstanding the above it is clarified that maintenance fees shall not exceed the total balance of such Non-Active Account.
5.4 The Company cannot accept request to modify or cancel Transaction received from the Client and the Client will be bound to the original Transaction and its consequences
5.5 Client will not assume that a specific Transaction was executed unless Client received an official report from the Company which approves the execution of the specific Transaction. It is Client’s responsibility to verify the status of the pending Transactions prior to carrying out other Transactions. Client will bear responsibility if a Transaction(s) is identical to a pending Transaction(s) also in the event that the additional Transaction(s) is causing negative balance in his Account.
5.6 Client is responsible for reading Transaction confirmation and Account reports delivered by the Company either by email or mail or in any other form, immediately following receipt by the Client. It is recommended to use the ‘print’ option available on the Site. Company shall consider the reports accurate unless the Client objected within three (3) business days. In the event of such objection, the Company has the right to determine the validity of the objection.
6 Various Means of Deposits and Withdrawals.
6.1 According to the requirements of anti-money laundering laws and regulations, when performing a deposit by way of bank transfer, Client is required to use a single bank account located in Client’s state of domicile and registered on Client’s name. Client has to deliver an official confirmation of transfer stating full details of the transferring bank account and verify that the deposit order is carried out according to the Company’s requirements as to the identification details of the Client and his Account. Lack of aforementioned confirmation or incompatibility between the account details and the Client’s details in his Account on the Site might cause a rejection or loss of the request, transfer to a wrong account or recall of the deposit amount to the transferring bank and eventually to the annulment of the deposit order. Any withdrawal from the Account on the Site, carried out (if at all) by bank transfer, will be transferred solely to the bank account the deposit was originally received from.
6.3 The Company will pay the Client profits from his account on the Site by way of bank wire or transfer to Client’s credit card account that was used when the deposit was made, and following Client’s withdrawal order to instructions presented on the Site. The Company will make its best effort to pay the Client his/hers in accordance with Client’s chosen mean. Without prejudice to the aforementioned, theCompany reserves the right to pay the Client his/hers profits by different means in accordance with Client’s type of credit card and/or Company’s internal regulations. Clients who executed the deposit with ‘Visa’ card will be allowed to carry out profit withdrawals solely to the credit card account and not by way of checks. Credit card withdrawal shall be performed at times and according to the Credit card company’s procedures.
6.4 While withdrawal request is pending (meaning the Client has not received withdrawal confirmation from the Company), Client may order stop withdrawal, according to the instructions presented on the Site, and recall the money to his Account on the Site. Executing stop withdrawal will make the amounts meant to be withdrawn immediately available in the Account on the Site. Client agrees and confirms that if the withdrawal request is completed (meaning the Client has received withdrawal confirmation from the Company), stop withdrawal request is not possible.
6.5 Subject to the aforementioned, if the Client had requested to carry out two or more withdrawals and then requested to carry out a stop withdrawal, he may first cancel the former withdrawal request. After stopping one withdrawal, Client may stop the following one and so on.
6.6 If a Client requests to withdrawal funds from his account, but did not complete the Withdrawal Process within 7 days, the requested withdrawal amount will be refunded back to the Client’s account. The Client will be notified by email before the funds will be refunded back to the account.
7 SPECIAL OFFERS, BENEFITS AND BONUSES
7.1 Bonuses and benefits shall be credited to the client’s account subject to compliance with the terms of the offer made to the client, e.g. making minimum deposits and/or purchasing a minimum amount of options within a specified time period.
7.2 The bonuses/benefits must be used within the period defined in the details of the special offer. Should the bonus/benefit fail to be used within this time frame, the bonus/benefit will be withdrawn from the client’s account.
7.3 The Company reserves the right to revoke the bonus/benefit should the special offer be abused and/or should the offer’s terms fail to be met. The Company’s decision – should this be the case – shall be final. The Company reserves the right to revoke or change the offers at any time without prior notice.
8.1 Copyrights and Intellectual Property (IP) on the Site and Services are the Company’s property or of third parties which have authorized the Company to use such IP on the Site and Services. Without prejudice to the aforementioned, the Company is the sole owner of names, trademarks, patents and designs on the Site, whether registered or not, of trade secrets concerned with the Site’s operation and Services of the Site’s design, of technical data concerned with the Site, including without limitation, software, applications, graphic files and other files, computer codes, texts and/or any other material included in it, excluding Clients’ Information as defined below (the “Information”). It is forbidden to copy, distribute, duplicate, present in public, or deliver the Information, in whole or in part, to third-parties. It is forbidden to alter, advertise, broadcast, transfer, sell, distribute or make any commercial use of the Information, in whole or in part, except with duly signed prior permission from the Company.
8.3 Client undertakes that any notice, message or any other material supplied by the Client shall be appropriate and shall not harm other persons including their proprietary rights. Client shall not upload to the Site and/or send through the Site any illegal and/or harmful and/or disturbing to other Clients and users of the Site, and/or any advertising and commercial material, and avoid any action which might damage the Company.
9 Content and Third parties’ websites
9.1 The Site might include general information, news, comments, quotes and other information related to financial markets. Some of such information is supplied to the Site by unaffiliated companies (“Third Parties’ Content”).
9.2 Although Third Parties Content, if such exists, is presented on the Site in frames or through links, the Company does not prepare, edit or promote the Third Parties Content. The Company does not vouch for the credibility, accuracy or completeness of the Third Parties Content and holds no responsibility for content, advertisement, products or any other material existing on third parties’ sites.
10.1 The Client will indemnify the Company and its agents, employees, directors, successors and their assignees (“Indemnified Persons”) against any and all liabilities, losses, damages, costs, and expenses (including reasonable attorney’s fees) incurred by the Indemnified Persons and arising out of Client’s failure to fully and timely comply with its obligations set forth in this Agreement and/or out of the Company’s need to enforce such liabilities.
10.2 The Client will indemnify the Company against any and all liabilities, losses, damages costs and expenses incurred while the Client was a client of a third company, of which the Company has purchased the business activities and Client has given consent for the account transfer to the Company.
11 Entire Agreement & Amendments
11.1 This Agreement, including all Annexes, constitutes the entire Agreement among the parties heretoand supersedes any and all prior agreements or understandings among the parties, if any, with respect to the subject matter of this Agreement.
11.3 The Company shall not be bound by any waiver unless made by a duly signed written instrument by the Company and no waiver or amendment of this Agreement may be implied from any course of dealings between the parties or from any failure by the Company to enforce its rights hereunder.
13 Term and Termination
13.1 Term of the Agreement shall beunlimited,however the Company will be allowed to terminate this Agreement at any time by notice to the Client (“Termination“).
13.2 As of Termination, Client shall not be able to carry out new Transactions.
15 Adjustments to the price of an option relating to stock as the base asset, in case of a split or a reverse split, made in the base asset.
If during the term between the purchasing and the expiration of a binary option, relating to stock as the base asset, the stock has been split or reverse split, then the binary option price will be adjusted according to the adjustments made to the stock price in the relevant market where it is traded due to the aforementioned split or reverse split.
16 Communications and delivery of notices; Advertising Material
16.1 Reports and any Notice hereunder may be sent to Client at the address set forth in this Agreement, or such other address notified by Client in writing to the Company from time to time. All communications sent to Client shall be deemed delivered, at the time of delivery if sent by email, facsimile, by hand delivery or notified through the Internet Trading Platform orwithin 3 (three) businessdays if posted by mail. Communications by Client shall be deemed delivered only when actually received by the Company.
16.2 Client’s details which were provided and/or will be provided by the Client during his/her activity on the site may be used by the Company for sending Company’s advertising content to the Client, unless the Client removes the mark approving the Company to do so.
All terms used in this Agreement and in the General Terms and not defined herein shall have the meaning assigned to them in the Glossary of Terms. Other terms not defined herein shall have the meaning assigned to them in customary practice of the type of Transactions and Services in the Site. For avoidance of doubt and unless noted otherwise, words in singular shown in the General Terms will refer to plural and vice versa; words in masculine gender will refer to feminine gender and vice versa; words referring to a person will refer to corporation and vice versa. The headlines in the General Terms are designated for convenience only and will not be used as interpretation of the General Terms.
As of the date of registration and upon each use of the Site, Client hereby represents and warrants to The Company that:
1.TheClient is not a minor and is of sound mind and legal competence and has full right and authority to execute Transactions inonline trading and any other Transactions allowed by the Company and performed by Client in his Account.
2.TheClient (if not a natural person) is duly organized and validly existing under the laws of the jurisdiction of its organization and have received any and all resolutions required under its documents of incorporation and applicable law to execute this Agreement and any Transaction made pursuant thereto and each person executing and delivering this Agreement or any Transaction on Client’s behalf is authorized to do so.
- Execution and delivery by Client of this Agreement or any Transaction will not violate any law, regulation, by-law, agreement, obligation, judgment, or policy applying to Client. Without prejudice to the above, Client is not an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by the Company.
- Client is the full and ultimate beneficial owner of the funds deposited in the Account and no other person has or will have an interest in the Account. Client cannot and will not grant any right in the Account to other or others.
- All details and declarations provided by Client to the Company are full and correct in all respects and Client shall immediately notify the Company of any change in such details or declarations.
- Client has carefully read and understood this Agreement.
- All funds deposited in the Account originate in legal sources and do not derive from drugs, abduction or any criminal activity.
- Client is obliged to carry out only those Transactions which he is legally authorized to carry out, including without limitation not to carry out Transactions which involve the use of inside information or involve insider trading pursuant to any applicable law.
9. Client understands and acknowledges that without prejudice to the provisions of the Agreement (i) while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent Client from accessing the Company’s internet trading software, and (ii) the Company does not present, commit or vouch for the Client to be able to have access to the trading software or for the use of it at times and in places the Client chooses or that the Company will have the capacity fit for a trading software in general or in specific geographical location or that the trading software will supply nonstop and error-free Services.