Termos e Condições Acordo do Cliente e Termos Gerais 038 Condições IMPORTANTE DEVES LER E RECONHECER ESTE ACORDO CLIENTE E TERMOS E CONDIÇÕES EM SUA ENTIRIDADE ANTES DE COMPLETAR O REGISTO (AQUI REFERIDO COMO: ACORDO ANDOR T038C). Ao ACEITAR ESTE ACORDO CLIENTE E NOSSO T038C E, POR ISSO, REGISTAR-SE E UTILIZAR OS SERVIÇOS DAS COMPANHIAS, CONFIRMAM E RECONHECEM QUE LEU E ENTENDE ESTE ACORDO CLIENTE E ESTES T038C DE USO E ACORDO DE LICENÇA DE USUÁRIO FINAL, QUE VOCÊ ENTENDE SEU CONTEÚDO E QUE CONCORDE SER ACLADO POR TODO SEU T038C. SE NÃO CONCORDAR COM QUALQUER OU TODO O T038C DEFINIDO NESTE ACORDO, NÃO ACESSE A NEM USAR ESTE SITE. Este Contrato é celebrado pela Novox Capital Ltd., uma firma de investimento da Cyprus registrada nos termos da legislação da República de Chipre, com o número de registro HE292182, com sede em 60 Regaena Str. 3º andar, Nicósia 1010, Chipre (a seguir designado: a Companhia) e você (doravante denominado: você ou Cliente), (neste Contrato, a Companhia e você poderão ser designados coletivamente como: Partes). A Companhia é autorizada e regulada em Chipre pela Cyprus Securities and Exchange Commission (doravante denominada CySEC) e sujeita às normas CySEC (com número de licença 22414), com a empresa de investimento chipriota (doravante denominada: CIF). A Companhia está autorizada a fornecer os serviços de investimento conforme especificado neste Contrato de Cliente e T038C. A relação entre o Cliente ea Empresa é regida por este Contrato e T038C. Como este Contrato é um contrato à distância, também é regulado pelo Marketing à Distância da Lei dos Serviços Financeiros do Consumidor N24 (I) 2004, implementando a Diretiva da UE 200265EC, na qual a assinatura do Contrato não é necessária e o Contrato tem os mesmos direitos e responsabilidades Como um contrato devidamente assinado. No caso em que o Cliente deseja ter uma cópia assinada deste contrato, o Cliente deverá imprimir e enviar 2 (duas) cópias assinadas para a Empresa, onde a Companhia deverá assinar e assinar firmemente os Contratos e devolver uma cópia ao Cliente . A Companhia oferece um sistema on-line que facilita a execução de transações de Contratos Financeiros (conforme definido abaixo) por meio de diversas soluções e plataformas de negociação, bem como serviços de preços e gerenciamento de riscos. Este Contrato e T038C se aplicam tanto aos URLs da Companys como, entre outros, aos Sistemas de Negociação, bem como ao conteúdo eletrônico e / ou software atualmente contido no site que fornece aos seus clientes informações em tempo real sobre os preços dos Derivados dos Contratos Financeiros Que oferece, bem como com os sistemas de negociação para a execução de Contratos Financeiros (doravante denominados: o (s) Serviço (s), e quaisquer outros recursos, conteúdos ou serviços que a Empresa possa adicionar no futuro. A Companhia através da plataforma de negociação on-line fornece seus Serviços diretamente aos seus clientes e, às vezes, pelo uso de parceiros autorizados. No caso de a Companhia possuir um parceiro local, a Companhia pode delegar a tal representante quaisquer poderes e autoridades que assim o considere adequado e necessário de tempos em tempos, em conexão com as operações locais do sistema de negociação em seu país de residência. Especificamente, a empresa terceirizou os seguintes departamentos: vendas, marketing, retenção, fraude, finanças e suporte ao cliente. No caso de os clientes escolherem usar Robots ou Expert Advisors, os clientes o fazem por sua conta e risco, e a Novox Capital Ltd não se responsabiliza por quaisquer perdas incorridas devido a estes. A Novox não desenvolve, fornece ou gerencia Robs EAs de qualquer maneira. 60 Rua Regaena, 3º andar, 1010 Nicósia, Chipre novoxcapital email160protegido Tel. 357 22 272 520 a) Opções binárias ou digitais significa uma opção que oferece um retorno fixo potencial predeterminado na abertura do contrato. B) Dia útil significa qualquer dia do calendário que comece às 00:00 e termina às 23:59 GMT2 c) A garantia deve significar o montante inicial depositado pelo cliente junto à Companhia após a dedução de perdas, dedução de recursos retirados pelo cliente, acrescido de lucros derivados das Transações. D) Preço do Contrato significa os preços oferecidos pelo Sistema que se baseiam em indicativos Preços fornecidos por vários sistemas de informação financeira como as atualizadas taxas atualizadas de contratos nos mercados financeiros e) CySEC significa a Comissão de Valores Mobiliários de Chipre, o órgão encarregado de regulamentar os mercados financeiros em Chipre f) Derivados significa um contrato cujo valor é Derivado daquele de um instrumento financeiro subjacente. G) Emir significa que o Regulamento Europeu das Infra-estruturas de Mercado (EMIR) é um regulamento da União Europeia destinado a aumentar a estabilidade dos mercados de derivados de balcão (OTC) em todos os Estados da UE. H) Contrato ou Contrato Financeiro significa um contrato para abrir uma opção de Opções Binárias ou Opções Digitais ou qualquer outro serviço financeiro que a Companhia possa oferecer aos seus clientes através do Sistema i) Market making Um market maker ou provedor de liquidez é uma empresa ou Um indivíduo, que cita tanto uma compra e um preço de venda em um instrumento financeiro ou mercadoria mantida no inventário. J) Mercados devem significar os mercados financeiros internacionais, commodities e outros mercados aplicáveis, onde as taxas contratuais estão sendo fixadas no livre comércio e outros mercados em que diversos ativos financeiros são negociados k) A MiFid significa a Diretiva de Mercados em Instrumentos Financeiros uma lei da União Européia Que fornece uma regulamentação harmonizada para serviços de investimento nos 31 Estados membros do Espaço Económico Europeu l) O Mecanismo de Negociação Multilateral é um sistema multilateral operado por uma empresa de investimento ou operador de mercado, que reúne ou facilita o agrupamento de compras múltiplas de terceiros e Venda de interesses em instrumentos financeiros (no sistema e de acordo com suas regras não determinantes) de forma a resultar num contrato m) Mercado Regulamentado significa o sistema multilateral gerenciado ou operado por um operador de mercado e que reúne ou facilita a união De compras múltiplas de terceiros e de venda de interesses em instrumentos financeiros (No sistema e de acordo com suas regras não discricionárias) de forma a resultar em um contrato, no que diz respeito aos instrumentos financeiros admitidos à negociação de acordo com suas regras e ou sistemas, nos quais são autorizados e funcionam regularmente de acordo com as disposições Da Lei 144 (I) 2007 ou respectiva legislação de outros Estados membros que são promulgadas em conformidade com a Diretiva 200439EC. N) Sistema significa um sistema eletrônico projetado para permitir a negociação de Contratos Financeiros uma plataforma, pela internet, sujeito a todos os termos deste Contrato e os termos definidos no Manual de Negociação, que é parte integrante do Contrato o) Negociação Os bônus são nossa maneira de agradecer aos novos clientes por escolherem trocar conosco. Um bônus de primeiro depósito dá aos comerciantes mais poder de compra, dando-lhes assim a capacidade de abrir transações maiores ou mais freqüentes. Outros tipos de bônus também podem ser oferecidos de tempos em tempos p) A transação deve significar a compra ou venda de um Contrato Financeiro por um preço fixo q) cliente cliente dos EUA são clientes que são cidadãos dos EUA (dupla ou não) e ou um detentor de US Passaporte e direito ao status de residente permanente legal nos EUA (cartão verde) ou nasceu na Entidade Legal dos EUA incorporada nos EUA ou tenha um endereço de residência nos EUA ou um endereço de correspondência dos EUA (incluindo uma caixa postal dos EUA) e ou um residente dos EUA, Estrangeiro para fins fiscais. 60 Rua Regaena, 3º andar, 1010 Nicósia, Chipre novoxcapital email160protegido Tel. 357 22 272 520 4. Elegibilidade de associação Os Serviços da Companys estão disponíveis e podem ser usados apenas por comerciantes que podem formar contratos juridicamente vinculativos de acordo com as leis aplicáveis em seu próprio país de residência. Os serviços de investimento só estão disponíveis para pessoas com mais de 18 anos ou de outra forma acima da idade legal e quem pode executar contratos vinculativos de acordo com as leis de seu país de residência. Sem limitar o acima, nossos Serviços não estão disponíveis onde seu uso é ilegal e a Empresa se reserva o direito de recusar e cancelar os Serviços a qualquer pessoa, a seu critério. Além disso, a empresa não aceita clientes dos Estados Unidos e não aceita. Além disso, a Companhia declara que não é, e não deve, ser responsável, de qualquer forma, pela inexatidão das informações publicadas em seu site por terceiros e, como tal, todos os itens de informação publicados ou referenciados devem ser considerados como informações infundadas em relação a Para a gestão de suas atividades e riscos. Recomendamos que todas as informações sejam verificadas e confirmadas por cada comerciante individual, através de fontes de informação independentes de sua escolha, antes da execução de quaisquer transações por si só. 5. Prestação de Serviços 1. A Companhia é autorizada pela CySEC a prestar os seguintes serviços de investimento de acordo com sua autorização CIF: a) Recepção e transmissão de ordens em relação a um ou mais Instrumentos Financeiros. B) Execução de ordens em nome de clientes. C) Negociação por conta própria. 2. A Companhia também está autorizada a prestar os seguintes serviços auxiliares: a) Custódia e administração de instrumentos financeiros por conta de clientes, incluindo custódia e serviços relacionados, como a gestão de caixa. B) Conceder créditos ou empréstimos a um investidor para que ele possa realizar uma transação em um ou mais instrumentos financeiros, onde a empresa está envolvida na transação. C) Serviços cambiais onde estes estão relacionados à prestação de serviços de investimento. Os serviços do parágrafo 6.1 envolvem transações em Instrumentos Financeiros não admitidos à negociação em Mercados Regulados ou em uma Facilidade de Negociação Multilateral. Ao aceitar este acordo, os Clientes reconhecem e dão o seu consentimento expresso para a execução de tais transações. 3. Os serviços do parágrafo 6.1 envolvem transações em Instrumentos Financeiros não admitidos à negociação em Mercados Regulamentados ou em uma Facilidade de Negociação Multilateral. Ao aceitar este acordo, os Clientes reconhecem e dão o seu consentimento expresso para a execução de tais transações. 6. Categorização de clientes a) Todos os clientes são classificados como clientes de varejo. Esta categorização fornece o mais alto nível de proteção, em oposição a clientes profissionais ou contrapartes elegíveis. B) O cliente está vinculado pelo método e processo de categorização, conforme este é definido e explicado detalhadamente no documento CATEGORIZAÇÃO CLIENTE, que pode ser encontrado no site da Companys sob o título CATEGORIZAÇÃO CLIENTE na seção LEGAL. Ao aceitar esses T038C, o Cliente aceita a aplicação do método de categorização, pois este está definido na política de CATEGORIZAÇÃO CLIENTE. C) A Companhia tratará o Cliente de acordo com as regras de conduta profissional com base nas quais o Cliente será tratado como Cliente de Varejo de acordo com as informações fornecidas à Companhia durante o procedimento de abertura da Conta. O Cliente deve informar imediatamente a Empresa no caso de quaisquer alterações relativas à informação pessoal dos clientes. No caso de o Cliente desejar ser re-categorizado, o Cliente deve informar a Companhia por escrito, indicando claramente esse desejo. A decisão final da mudança de categorização, no entanto, está na absoluta discrição da Companhia. 60 Rua Regaena, 3º andar, 1010 Nicósia, Chipre novoxcapital email160protegido Tel. 357 22 272 520 a) A Companhia tomará todas as medidas razoáveis para obter as melhores taxas de negociação possíveis para seus Clientes ao fornecer preços e cotações em relação a instrumentos financeiros. A Política de Melhor Execução da Companys apresenta uma visão geral sobre como as ordens são executadas, bem como muitos outros fatores que afetam a execução de um instrumento financeiro. B) Ao aceitar estes T038C, o Cliente reconhece e aceita que leu e compreendeu a Política de Melhor Execução da Empresa, que está disponível para análise no site da Companhia sob o título LEGAL. A) Ao aceitar todo o T038C deste Contrato, você entende e aceita a natureza acelerada do negócio e dos produtos da empresa, e você confirma que deseja estabelecer uma relação comercial com ele. B) Após a execução deste Contrato, a Companhia deve criar uma conta em seu nome e propriedade no Sistema. A conta e outros detalhes relevantes devem estar de acordo com as informações fornecidas por você, conforme exigido pela Companhia e pelo regulamento. Você deve garantir que a informação fornecida por você seja completa, verdadeira e precisa. É esclarecido que a provisão de informações enganosas pode ser considerada uma infração legal e implica a cessação imediata de atividades em sua conta e seu encerramento imediato. Você reconhece que, após a conclusão do seu procedimento de identificação pela Companhia, pode denunciá-lo como beneficiário na conta aplicável detida pela instituição financeira com a qual a Companhia deposita os fundos da Garantia, em valores até o saldo de crédito registrado em sua conta No sistema de tempos em tempos, e para esse fim pode transferir os dados de identificação fornecidos por você mesmo. C) É esclarecido que, no devido tempo, os procedimentos completos de conformidade, conforme exigido pela CySEC, serão realizados pela empresa em cada um de seus clientes, que incluirão, entre outros, KYC, AML, teste de adequação e Classificação do Cliente . Especificamente, para que uma conta de clientes seja aprovada para negociar e retirar fundos, o cliente deve apresentar prova oficial de endereço e comprovante de identificação em formato de cor. Uma cópia em cores do cartão de crédito usado para depósito também é um pré-requisito antes que as retiradas possam ser aprovadas. Por favor, note que as condições de conformidade podem ser sujeitas a alterações periódicas com base nas alterações das diretrizes comunitárias de AML. D) Ao aceitar todo o T038C deste Contrato, você entende que todas as contas de clientes estão sujeitas a revisão, o mais tardar a cada seis (6) meses, para substituir qualquer documento KYC expirado e possivelmente solicitar novos documentos de esclarecimento, se necessário. A continuação da conformidade deve ser respeitada pelo operador e pelos seus comerciantes. A falta de envio de novos documentos conforme solicitado pode levar à suspensão de uma conta de clientes. E) Ao aceitar todos os T038C deste Contrato, você entende que você tem um determinado limite de tempo pelo qual você deve completar o processo KYC, enviando sua prova de endereço e comprovante de identificação. Se você não conseguir fazer isso e sua conta de negociação não for aprovada, até o final do prazo previsto, você entende que sua conta de negociação será suspensa. Enquanto estiver suspenso, você não poderá depositar, trocar ou retirar fundos, até que sua conta seja aprovada e reativada. Se você deixar de ter sua conta aprovada dentro de um determinado período de suspensão, sua conta de negociação será encerrada permanentemente. F) Ao aceitar todo o T038C deste Contrato, você autoriza e autoriza a Companhia, até que uma notificação por escrito, contrária ao efeito, seja recebida pela Companhia, para realizar ordens e atividades de acordo com suas instruções, de acordo com as instruções Com os poderes conferidos à Companhia nos termos do presente Contrato ou pela prestação dos Serviços. Você também concorda em receber notícias, informações e material promocional da empresa de tempos em tempos. G) Para remover dúvidas, a execução de qualquer transação na conta está sujeita ao depósito da garantia por você. A Companhia não deve permitir que você execute qualquer transação sem o referido depósito e, caso a Garantia seja insuficiente para a execução de uma referida Operação, sujeita à política da Companhia de tempos em tempos. Para evitar dúvidas, no caso de a Companhia permitir que você comece a operar antes de receber a confirmação do depósito de garantia por você e, na verdade, nenhuma garantia foi depositada, a Companhia terá o direito de deduzir de qualquer lucro obtido por você O montante que deveria ter sido depositado como garantia antes do início da negociação. Todos os fundos serão detidos pela Companhia em seu nome e a Companhia poderá depositar esses fundos em qualquer instituição financeira com a qual detém contas bancárias. No caso de uma Transação ter lugar e, por algum motivo, não haverá garantia suficiente em sua conta, 60 Regaena Street, 3rd Floor, 1010 Nicosia, Chipre novoxcapital email160protected Tel. 357 22 272 520, a Companhia terá o direito de diminuir sua exposição na referida Transação e se aproximar de você para corrigir a Garantia e Garantia exigida de você, no total, por qualquer deficiência que tenha ocorrido por sua Transação que não tenha sido coberta por Garantias suficientes. É expressamente indicado que o direito acima mencionado da Companhia não o obriga a diminuir sua exposição em qualquer Transação e você não terá reclamações contra a Companhia em relação às suas perdas resultantes da diminuição ou não diminuição de sua exposição em Qualquer transação particular da empresa. H) Para remover dúvidas, é esclarecido que a Companhia poderá, a seu exclusivo critério, alterar de tempos em tempos os termos que regem o uso do Sistema, o escopo de seus Serviços e a soma da Garantia necessária para a execução De Transações por você. Todas as alterações serão comunicadas a todos os clientes através do site Companys. No entanto, qualquer mudança nas regras tomadas enquanto o site estiver em operação não será aplicada retrospectivamente e somente se aplicará a aquisições de contratos financeiros efetuados após essa alteração. I) Após a abertura da conta, a Empresa deve emitir-lhe uma senha confidencial de identificação pessoal (a seguir: a senha de login) para ser usada por você para operar sua conta através da Internet. Você se compromete irrevogavelmente a salvaguardar a senha de login e renuncia a todas e quaisquer reclamações contra a Companhia relativas a qualquer uso não autorizado da senha de login. J) Aquisição de Contratos Financeiros através do Sistema deve ser executada de acordo com a versão mais recente do T038C publicada neste site. Para remover dúvidas, a Companhia pode alterar, alterar ou cancelar qualquer parte do referido T038C, e seu efeito será a partir da data em que esses termos alterados tenham sido publicados no site. Aquisição de um Contrato Financeiro é concluída quando o Contrato Financeiro foi personalizado, o prêmio foi calculado e o pagamento foi verificado. K) Os depósitos só podem ser feitos usando cartões creditdebit ou de contas bancárias pertencentes ao titular da conta de negociação. Nenhum depósito é aceitável de contas bancárias de terceiros ou usando o cartão creditdebit de um terceiro, a menos que a autorização documentada seja fornecida pelo titular do cartão. Nenhum depósito em dinheiro é aceitável. Qualquer pessoa que execute um depósito em sua conta de negociação através de uma fonte terceirizada não autorizada terá imediatamente sua conta comercial fechada e uma investigação legal começará a verificar se o cartão utilizado foi roubado. L) A única exceção à regra acima é que os clientes podem fazer depósitos usando um cartão de crédito parente, desde que uma carta de autorização assinada tenha sido previamente enviada pelo titular do cartão, dando permissão para que o cartão seja usado e também Afirmando sua relação exata com o cliente comerciante. O titular do cartão que autorize o uso de seu cartão também terá que apresentar sua Prova de Identificação. Que precisará ser aprovado pelo oficial de conformidade. Uma cópia em cores do cartão de crédito, frente 038 de volta também terá que ser enviada. 9. Obrigações da Companhia A Companhia, por sua vez, garante e compromete-se a: a) Possuir as habilidades e competências necessárias para prestar os Serviços. B) Nem hoje, nem no futuro, fornecerá qualquer conselho financeiro a você ou a qualquer um de seus clientes e nenhuma informação que possa ser encontrada no site da Companys pode ser considerada como um conselho financeiro para qualquer finalidade. Para remover quaisquer dúvidas, informações fornecidas no site, o Sistema e os e-mails ou boletins informativos enviados pela Companhia em relação aos seus Serviços ou mercados financeiros, não se destina a ser usado como consultoria financeira ou de investimento e a Companhia não aceita qualquer responsabilidade neste respeito. Não será responsável, de forma alguma, por quaisquer reivindicações, ações, contenções, perdas, despesas, danos, etc. incorridos por você como resultado de sua dependência de qualquer informação fornecida pela Companhia. C) A perda máxima que você pode sofrer usando a plataforma de negociação, é a quantia de dinheiro paga por você à Companhia como Garantia e ou quaisquer somas em sua Conta que você usou para comprar Contratos Financeiros. D) A Companhia não fornece mercado entre ou entre clientes para investimentos, títulos, derivativos ou especulações. Cada Contrato Financeiro adquirido através do Sistema, é um acordo individual entre você e a Companhia e não é uma garantia, nem é transferível, negociável ou atribuível a terceiros ou terceiros. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Chipre Novoxcapital email160protected Tel. 357 22 272 520 De tempos em tempos, a empresa pode aumentar sua base de clientes através dos esforços das empresas afiliadas e dos Brokers. Esses esforços são recompensados por meio de comissões e / ou bônus de negociação, que são totalmente independentes e independentes dos depósitos e fundos dos clientes. Para mais detalhes sobre este assunto, entre em contato diretamente com a empresa. A) A Companhia se reserva o direito de suspender a operação deste site ou seções nas seguintes circunstâncias: b) quando, como resultado de eventos políticos, econômicos, militares ou monetários (incluindo volatilidade ou liquidez inusitada do mercado) ou quaisquer circunstâncias externas O controle, a responsabilidade e o poder da Companhia, a continuação do funcionamento deste site ou do Sistema não será razoavelmente praticável sem prejuízo material e adverso e prejudicando seus interesses ou a Companhia, ou se, a critério exclusivo da Companhia, um preço Não pode ser calculado para contratos financeiros ou c) quando há uma discriminação nos meios de comunicação normalmente empregados na determinação do preço ou valor de qualquer contrato financeiro ou quando o preço ou valor de qualquer contrato financeiro não pode ser prontamente ou com precisão Calculado ou d) quando a empresa tiver motivos para suspeitar que o sistema foi abusado por você ou que você usou alguns meios para afetar ou Manipular o Sistema em geral ou o preço de um Contrato específico em particular. E) Sob tais circunstâncias, além do caso de abuso ou manipulação do Sistema, a Companhia poderá, a seu exclusivo critério (com ou sem aviso prévio), fechar seus contratos financeiros abertos a preços que considere justos e razoáveis nesse horário e Nenhuma reclamação pode ser entretida contra a Companhia em conexão com isso. F) Em caso de abuso ou manipulação do Sistema, a Companhia pode, a seu exclusivo critério, tomar as medidas que julgar adequadas e adequadas nas referidas circunstâncias. 12. Condições do cliente A empresa garante e compromete-se a: a) Todos os detalhes fornecidos por você à Companhia são verdadeiros, completos e precisos e você é um adulto com idade superior a 18 anos (ou a idade mínima exigida no seu país de residência) ) Para que você possa estar legalmente vinculado pelos termos deste Contrato. B) Você deve ser o único proprietário e beneficiário da conta. C) Você está ciente e você reconhece que a Empresa não pode controlar suas ações e você é obrigado a fazer as indagações necessárias sobre o status legal de suas atividades e as leis e regulamentos locais aplicáveis, conforme atualmente em vigor em seu país de residência e respeitar Por tais leis e regulamentos. Você entende que as leis relativas aos Contratos Financeiros variam em todo o mundo e é sua única obrigação garantir que você cumpra totalmente as leis, regulamentos ou diretrizes, relevantes para o seu país de residência no que se refere ao uso do site ou do Sistema . Para evitar dúvidas, uma capacidade real de acesso ao site da Companys não significa necessariamente que os Serviços e suas atividades sejam legais nos termos das leis, regulamentos ou diretrizes relevantes para seu país de residência. Você confirma, depois de realizar os inquéritos necessários, que não existe nenhuma restrição legal que o impede de usar o Sistema ou executar Transações conforme descrito neste Contrato. Para remover quaisquer dúvidas, os Serviços não devem ser usados onde eles são ilegais e a Empresa se reserva o direito de se recusar a fornecer e cancelar Serviços, no todo ou em parte, a qualquer pessoa, a seu critério sem Causa, incluindo, mas não limitado a, eventos em que a Empresa descobre que você está realizando atividades que não estão reguladas pelas leis do seu local de residência. D) Todos os fundos depositados por você em sua conta, são de origem legal, não são os produtos do crime, incluindo, mas não se limitando a, produtos do tráfico ou tráfico de drogas em outras substâncias proibidas ou produtos de armas ilegais, jogos ilegais, prostituição , Fundos terroristas, etc. Para remover dúvidas, os valores recebidos de você não são investidos em valores mobiliários, futuros, moedas, derivativos ou outros investimentos, em seu nome pela Companhia ou qualquer pessoa em seu nome. Esses valores são usados como garantia para suas transações no Sistema. 60 Rua Regaena, 3º andar, 1010 Nicósia, Chipre novoxcapital email160protegido Tel. 357 22 272 520 e) Você está ciente dos riscos envolvidos na execução das transações descritas neste Contrato e você leu e compreendeu todas as informações incluídas na Divulgação de Risco que é publicada no site da Companys. F) Você reconhece que você é o único responsável e pessoalmente responsável por qualquer e todas as ações e ordens a serem executadas em sua conta, incluindo a liquidação de qualquer Transação, realizada por você pessoalmente ou por seu agente ou advogado ou os funcionários da Companys que transportam Suas ordens. Além disso, você concorda que nem a Companhia nem seus funcionários ou qualquer pessoa em seu nome serão responsáveis, de qualquer forma, com os resultados ou consequências de tais ações e pedidos. Você é totalmente responsável por garantir que você e você sozinhos controlem o acesso à sua conta e que nenhum menor tenha acesso à negociação no Sistema. Em qualquer caso, você permanece totalmente responsável por todas e quaisquer posições negociadas em sua conta e por quaisquer transações de cartão de crédito realizadas no site para sua conta. Você também deve indenizar a Companhia em relação a todos os custos e perdas de qualquer tipo, que possam ser incorridos pela Companhia, como resultado, direta ou indireta, da sua incapacidade de executar ou liquidar essa transação. G) Você está ciente de que a Companhia não fornece nenhum equipamento nem é um Provedor de Serviços de Internet e, portanto, não será responsável, direta ou indiretamente, por qualquer mau funcionamento de qualquer tipo e natureza, no seu fim ou em qualquer outro equipamento Não fornecido pela empresa nem qualquer defeito de conexão com a Internet e ou qualquer programa de computador ou erros de software ou erros incluindo, mas não limitado a, atrasos na transmissão de suas ordens ou o atraso no recebimento. Você será responsável por fornecer e manter os meios para acessar o site, que pode incluir, sem limitação, um computador pessoal, modem e telefone ou outra linha de acesso. Você será responsável por todas as taxas de acesso, serviço, licença e assinatura necessárias para se conectar ao site e assumir todos os custos incorridos no acesso a esses sistemas. Você assume ainda todos os riscos associados ao uso e armazenamento de informações em seu computador pessoal ou em qualquer outro computador através do qual você terá acesso ao site e aos serviços (doravante denominado computador ou seu computador). Você representa e garante que você implementou e planeja operar e manter uma proteção adequada em relação à segurança e controle de acesso ao seu computador, vírus de computador ou outros materiais, dispositivos, informações ou dados prejudiciais ou inadequados semelhantes. Você concorda que a Empresa não será responsável de qualquer forma por você em caso de falha ou dano ou destruição de seus sistemas, dados ou registros de computador, ou qualquer parte dele, ou por atrasos, perdas, erros ou omissões resultantes da falha Ou má gestão de qualquer equipamento ou software de telecomunicações ou informática. Você não deve transmitir ou de forma alguma, direta ou indiretamente, expor a Empresa ou qualquer um dos seus provedores de serviços on-line a qualquer vírus de computador ou outro material ou dispositivo prejudicial ou inapropriado. H) Você reconhece e confirma que a Companhia não representa, garante ou garante que: (i) você poderá acessar ou usar o site em momentos ou locais de sua escolha, ou que a Empresa tenha capacidade adequada para a Site como um todo ou em qualquer localização geográfica e (ii) o site fornecerá serviços ininterruptos e sem erros. Você ainda reconhece e confirma que a Empresa não será responsável pela impossibilidade de executar ordens e requisitos devido a falhas na operação de sistemas de informação causados por falhas, de qualquer tipo. I) Você deve informar devidamente suas atividades a qualquer imposto aplicável ou outra autoridade, conforme exigido por qualquer lei aplicável a você ou ao seu país de residência e você deve pagar todos os impostos, taxas, taxas governamentais e encargos associados às atividades aplicáveis Da sua conta, incluindo as deduções exigidas na fonte e renuncie a qualquer reclamação contra a Companhia a este respeito. J) Você não deve abusar deste site nem do Sistema para fins de lavagem de dinheiro. A Companhia emprega procedimentos de combate à lavagem de dinheiro com melhores práticas, que podem ter vários efeitos sobre você. A Companhia se reserva o direito de se recusar a fazer negócios, descontinuar a negociação e reverter as Transações de clientes que não aceitam ou aderem a esses processos anti-lavagem de dinheiro. Os processos anti-lavagem de dinheiro têm os seguintes efeitos nos clientes: k) Você deve preencher o formulário de abertura de conta que solicita detalhes que estabelecem sua identidade. L) Os ganhos só podem ser pagos ao detentor da conta e a uma conta bancária sob seu próprio nome e não a terceiros. When maintaining an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the account-holders responsibility to ensure that their banks account number and name accompany all transfers to the Company. When a client maintains an account by means of creditdebit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 m) Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person. n) In the event that you choose to make use of Robots or Expert Advisors, you do so at your own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. o) You have read this Agreement in its entirety, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms. 13. Improper or Abusive Trading Should you execute trading strategies acting in bad faith, that is, you or any representative of yours trading on your behalf is committing any improper or abusive trading act such as for example: a) fraudillegal actions that led to the transaction b) orders placed based on manipulated prices as a result of system errors or system malfunctions c) arbitrage trading on prices offered by our platforms as a result of systems errors andor d) coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates. Then the Company will have the right to: i. adjust the price spreads available to you andor ii. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only andor iii. obtain from your account any historic trading profits that you have gained through such abuse of liquidity as determined by us at any time during our trading relationship andor iv. reject an order or to cancel a trade andor v. immediately terminate our trading relationship 1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein. 2. Funds belonging to clients for the purpose of trading will be kept in one or more omnibus accounts with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Companys name. 3. It is understood that the Company may hold funds on behalf of Clients in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events in relation to that bank, Clients funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 4. Any profits accruing from your Transactions shall be added to clients accounts as supplementary collateral. All losses resulting from your Transactions shall be deducted from clients accounts. 5. To remove any doubts, credit balances shall bear no interest. 15. Trading Bonuses 038 Competitions All bonuses are redeemable. This means that the actual bonus itself can be withdrawn. For information on the specific trading volume requirements please read the companys Bonus Terms 038 Conditions. If a client submits a withdrawal request prior to trading the necessary volume, as defined in the terms of the bonus, then the bonus amount (and any subsequent profits) will be removed before the client can withdraw any 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 of the remaining funds. When stated so, cash bonuses can be instantly withdrawn as cash, with no attached terms or conditions. Clients are free to accept or reject any bonus, but are always urged to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonusbenefit and closure of the clients account on the Companys website. The bonusesbenefits 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 bonusbenefit will be withdrawn from the clients account. The Company reserves the right to revoke the bonusbenefit should the special offer be abused andor should the offers terms fail to be met. The Companys 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. The minimum deposit for a bonusbenefit is 200. The maximum bonusbenefit a trader can receive is 10,000. From time to time the operator may offer various competitions to its clients, the winners of which will be published on the website. Also from time to time the company may offer a certain number of secure trades to its clients. With secure trades the company will reimburse any pre-defined number of trading losses incurred by the client, with a bonus of equal size, as specified in the terms of the offer. Occasionally the company may have a draw and award the winners gifts such as laptops, smartphones, software andor free memberships to financial information companies. In such cases the trader will be informed from within the advertisement what needs to be done to enter the draw. For example the trader may have to download a smartphone application or answer a questionnaire. The winners, as randomly drawn, will be published on the website, and these published results will be final. Winners will be informed by email, and any physical prizes will be posted directly to them. 16. Additional deposits, Withdrawals 1. Any withdrawal of the available cash in a clients account, whether partial or total, including any accrued profits (but not future profits) shall be executed by the client, via the online trading platform, with prior notice to the Company of at least seven business days. 2. Withdrawal amounts are always returned back to the original source of deposit (the credit card, for example), up to the amount of the deposit. Any further amounts (profits), may be also credited to the credit card, or they will be forwarded by bank wire to the clients personal bank account, in the country where the trading account is registered. 3. Withdrawal requests are submitted by the client directly into the system via the online withdrawal facility. Withdrawal requests are not accepted over the telephone or by email, except in very rare cases when the client is undergoing technical difficulties, in which case the withdrawal may be executed manually for the client. All communications surrounding such manual withdrawals are logged and archived. 4. All withdrawal orders made by the client must follow the provision of the proper set of compliance documentations or any other type of client authentication as may be required from time to time by Anti-Money Laundering (AML) Regulations, credit card companies and the Website as a prerequisite, prior to the execution of a withdrawal order. Specifically for clients who deposited using a creditdebit card, no withdraw will be cleared for execution until the client has submitted a color copy of the front and back of the credit card used. In the event where the client submits a withdrawal request prior to submitting the color copies of the creditdebit card used, then the withdrawal will be placed on a 7 day pending status. If the client submits the missing document within the 7 days, then the withdrawal will be processed. If not, the complete available balance in the clients account (minus any profits) will be returned to the client (to the credit cardbank account of origin), and the account will be closed. 5. All withdrawals are subject to the discretion of the Companys Compliance Department and any suspicious transaction shall be recorded and reported accordingly. 6. For withdrawals to be executed they must also abide by the T038C for any possible trading bonuses granted. 7. To remove any doubts, all withdrawals requested by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment, provided all terms and conditions for withdrawals have been satisfied. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 8. You the client are allowed one free withdrawal each month. For every subsequent withdrawal in the same month there will be a 3030 processing charge. 9. The minimum acceptable withdrawal amount is 303030. Amounts smaller than this will be rejected automatically by the system. 10. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. 11. Clients may transfer to their account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited. 12. Payment by credit cards may be made to the Company via creditdebit cards subject to the regulations of the applicable credit cards issuers. 13. No withdrawals will be processed on days which are public holidays in Cyprus. A list of these holidays can be found at en. wikipedia. orgwikiPublicholidaysinCyprus 17. Closure of account To request the closure of their account clients must complete and submit the Account Termination Form. Having completed the form and emailed it in to the company the client should also ensure that all trades have been closed from within the trading platform, and then the client should also submit a withdrawal request for all the funds in their account. In the event that a clients account is closed by the company due to non-completion or the failing of compliance, then all the funds remaining in the clients account (minus any profits) will be returned to the source credit card bank account. The MLCO will consider further investigation under AML policies. The company reserves the right to close the account of any client who is considered to carry a risk to the future of the company and for the clients of the company. This will especially apply if the client is suspected of using alternative pricing engines tools, or even insider information, which is bringing about continuous and large losses to the company. Prior to closing a clients account, however, a full investigation is made, and the client is placed in the high-risk category. This will result in the client receiving pricing and spreads more appropriate to his continuous profits. If the client remains on the high-risk-category, which can only be the result of some kind of technical manipulation, the clients account will be closed. If the clients manipulative actions cannot be proved, the balance of their account will be withdrawn to the client, and a communication will be sent to the client explaining the reasons behind these actions. If, on the other hand, manipulation is proven, no further monies will be sent to the client, the account will be closed, a communication will be sent expla ining the companys actions, and possibly legal action will be taken against the client also. 18. Duly Authorized Persons Only the account-holders themselves are authorized to trade using their individual trading accounts. If an accountholder allows any third person access to his account to trade on his behalf, he does so at his own risk, and the company neither approves of such action, neither takes any responsibility for anyall loses incurred. 19. Recording of Telephone Conversation and Record Keeping The Company, or an authorized party on its behalf, will record every telephone conversation. 1. The Company or an authorized party on its behalf shall maintain records of all your Transactions. 2. Any of these recordsrecordings may be used by the Company for any purpose the Company sees fit (provided that this does not conflict with the risk disclosure), including the resolution of conflicts which might occur between the Parties. 3. It is hereby clarified that the said recordsrecordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in the event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, following strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating andor 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 copying of any record andor documents in accordance with the then current the Company official price list for such services. 20. Risks and Liability a) All Transactions to be carried out by you are executed 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 Collateral. b) In reading this, all clients hereby declare that they understand and accept that a fundamental pre-condition to this Agreement, relates to the Companys right to close at any time, without an advanced notice, any Transaction executed by the client, in the event that their portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts prices. The company is following strictly all EMIR reporting requirements. At the end of each trading day, confirmations of all Transactions that have been executed on that trading day will be available via the Customers online account through the System. Clients may request to receive account statements monthly or quarterly via email, by providing such a request to the Company, but the Company is not obliged to provide the Clients with hard-copy account statements. The account statement is provided at the expense of the client. 22. Commissions and fees Clients are not charged any commissions or fees by the Company for any Transaction executed unless agreed otherwise by the Parties hereto. However, any and all bank charges (concerning transfer, charges etc) will be deducted from the clients cash balance. There is also a 1010GB10 a month inactivity fee which will be charged to each client whose account is inactive for a period greater than 3 months. Activity, in this sense, is a client logging in to their trading account. The fee will be deducted directly from each clients trading account, from their available balance. To avoid this 1010GB10 inactivity charge a client must log in to their trading account at least once every three (3) months. Clients whom have never deposited money in their trading account, will not be charged an inactivity fee. Clients with less than a 1010GB10 balance in their trading account, will be charged that balance amount, thus bringing their account to zero. Suspended accounts are still liable to pay the inactivity fee, if conditions arise. Closeddisabled accounts are not charged inactivity fees. For foreign currency accounts the inactivity fee will be a direct conversion of US10, using the conversion rate of the day 23. Transactions and Trade Characteristic 1. Every Transaction shall be executed in accordance with the applicable procedures as set forth in the Best Execution Policy. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration. 2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System. 24. Stop of Trade, Inaccurate Quotes, Force Majeure 1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to unforeseen circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions clients may have (by performing a Reverse Transaction) without prior written notice being sent to the clients, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. Clients hereby waive any claims of indemnification suits causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement. 2. The Company reserves the right to cancel any Transaction which due to a System andor human error, whether under the control of the Company or not, has been executed at a price which at the time of the Transaction was not the indicative andor accurate price of that said Financial Contract created by the transaction. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 25. Intellectual property 1. This Web site belongs to Novox Capital Ltd or a third party including our licensors. This content may include names, terms andor data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party. 2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of trading in our products. 3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of Cyprus law or these T038C, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. In addition to the above, you agree not to deep-link to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Companys Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. 30. Proprietary Protection The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 You may not copy, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time. The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. The Company cautions clients to make sure they understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and client agrees that under no circumstances will they hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 33. Current and binding form Client acknowledges and agrees to the fact that the Company may update andor adjust andor amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be communicated to the client and published on the Companys Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time. Client acknowledges that the Software contains proprietary trade secrets of the Company and they hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the T038C of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such T038C. 35. Limited Warranty ANY USE BY YOU OF THE COMPANYS WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED AS IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, AS FAR AS POSSIBLE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 36. Limitation of Liability IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANYS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATESCOUNTRIES DO NOT 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The company is not responsible for any problems or technical malfunction of telephone network or lines, on any computer online systems, servers or providers, hardware, software, or failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 37. Anti Money Laundering No person shall abuse this site for the purpose of money laundering. The Company is obliged to follow the requirements as set out by the European Union, relevant domestic laws and the Regulations issued by CySEC for the prevention and suppression of money laundering activities. It is thus required by the company to obtain certain verification documents from its Customers. The Company maintains policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. The Company may request from the Customer to inform it on the origin of the money being invested. This process may require proof of certain documentation. The Company may use the Customer information in order to carry out credit, anti-money laundering and fraud prevention checks to exercise andor defend the Companys legal rights and to comply with applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. The Company reserves the right to refuse to do any business with and to reverse the transactions of Customers in accordance with the AML requirements and policies. 38. Privacy Statement The Company regards of prime importance the privacy of its Customers and protection of their personal information. The company stores and processes client information on servers where it is protected by both physical and technological security measures. The company shall not sell or rent client personal information to third parties for any purposes without clients previous explicit consent and we shall only use this information as described in our Privacy Policy. 39. Termination of Agreement a) The Company may terminate this Agreement at any time by giving the client notice to this effect. b) Clients may terminate this Agreement at any time by giving the Company a 48 hours advanced notice. c) Termination of the Agreement by any of the Parties shall require clients to close all open positions by executing the required Transactions. d) As of the date of the termination notice by clients, they may not execute any new Transactions, which shall open new positions in their accounts. 40. Investor Compensation Fund The Company being a member of the Investors Compensation Fund (the Fund) provides the Customer with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfill its obligations regardless of whether that obligation arises from a breach of applicable law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement the client has read, understood and accepted the information under the title INVESTOR COMPENSATION FUND which is published on this website, available for all to read. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any investor of EUR 20,000. 41. Conflicts of Interest a) The Company is required to have systems in place to manage conflicts of interest between the Company and its customers and between other customers. The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided it shall ensure that customers are treated fairly and at the highest level of integrity and that their interests are protected at all times. b) The Customer acknowledges and accepts that he has read and accepted the Conflicts of Interest policy of 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company, which is published on this website. a) This Agreement and T038C. including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally. b) All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto. c) Clients may not transfer this Agreement or any of their rights or obligations hereunder to any third party. d) The Company or an authorized party on its behalf may send to clients any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by clients to the Company must be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company. e) This Agreement shall be construed and enforced in accordance with, and shall be governed by the Republic of Cyprus, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of the Republic of Cyprus (the Courts) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts. f) In the event that a client wishes to make a complaint heshe must complete and submit the online complaint form. The company will respond within 48 hours. By using the services offered by the Company and by using this website the user agrees that Novox Capital Ltd. the author and any other entities associated with Novox Capital Ltd. shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc. and any other information contained in regard to its use and understanding. a) By accessing, visiting andor using this Website or any other webpage thereon, you unequivocally and unreservedly express your binding agreement to any and all of these terms. b) Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Website users, what we may do with it, and what you can do to protect your privacy. c) This policy applies to all information collected to or submitted on Website. You may be able to execute financial transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include users name, home address, e-mail address, telephone number, bank account, credit card number, etc. whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act according to the updating your information instructions therein. You hereby confirm that you aware to the fact that due to legal requirements some of your information detailed cannot be changed. d) Website may also collect other types of information, as logged by Websites servers, including your IP address, browser type and language, and the date and time of your visit, in order to infer certain user trends or to block certain users from accessing Website. Thus, Website may assign your computer one or more cookies which 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 may collect information in order to facilitate access to Website and to personalize your online experience, and or use standard or non-standard internet tools, such as web beacons or monitoring programs, which collect information that tracks your use of Website and enables it to customize our services and promotions. e) Personal information given to us by you shall not be disclosed to any third party without your prior consent, unless such information: (i) is required to be disclosed to related companies of ours (ii) was publicly known to us andor made generally available in the public domain prior to the time of disclosure by you (iii) becomes publicly known and made generally available after disclosure by you to us through no action or inaction of us (iv) is required to be disclosed by law or regulation, in which case we shall give the you as much advance notice of the proposed disclosure as is practical (including a copy of any written request or order)in order to allow you to limit or restrict such disclosure (v) is furnished or made known to us by a third party otherwise than in breach of any of our confidentiality obligation hereunder is independently developed by us without reference to the information disclosed by you or was known to us, without restriction, at the time of disclosure by you , as shall be shown and evidenced by written documents or (vii) is required to be disclosed in order for us to protect our rights. f) In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. g) In order to protect child privacy, we never knowingly collect or maintain information from users under 18 no part of our website is structured to attract anyone under 18. h) If you so wish, you may choose and ask not to receive emails andor newsletters from the Website, andor delete or decline cookies by changing your browser settings. i) This privacy policy may be changed from time to time. We reserve the right, at any time, to amend, alter, modify or change, as we see fit, any term of this Privacy Policy our without any prior notice, and you hereby agree to conform to the current version as published in this site. Privacy PolicyTerms and Conditions Client Agreement and General Terms 038 Conditions IMPORTANT YOU SHOULD READ AND ACKNOWLEDGE THIS CLIENT AGREEMENT AND TERMS AND CONDITIONS IN ITS ENTIRITY BEFORE COMPLETING REGISTRATION (HEREINAFTER REFERRED TO AS: AGREEMENT ANDOR T038C). BY ACCEPTING THIS CLIENT AGREEMENT AND THESE T038C AND THEREFORE REGISTERING ANDOR USING THE COMPANYS SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CLIENT AGREEMENT AND THESE T038C OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS T038C. IF YOU DO NOT AGREE TO ANY OR ALL OF THE T038C SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE. This Agreement is entered into by Novox Capital Ltd. a Cyprus Investment Firm registered under the laws of The Republic of Cyprus, with registration number HE292182, having its registered office at 60 Regaena Str. 3rd Floor, Nicosia 1010, Cyprus (hereinafter referred to as: the Company) and yourself (hereinafter referred to as: you or Customer), (In this Agreement the Company and you may be referred to collectively as the: Parties). The Company is authorized and regulated in Cyprus by the Cyprus Securities and Exchange Commission (hereinafter referred to as CySEC) and subject to CySEC rules (with license number 22414), with Cypriot Investment Firm (hereinafter referred to as: the CIF). The Company is authorized to provide the investment services as specified in this Client Agreement and T038C. The relationship between the Client and the Company is governed by this Agreement and T038C. As this Agreement is a distance contract, it is also governed by the Distance Marketing of Consumer Financial Services Law N24(I)2004, implementing the EU Directive 200265EC, whereby the signing the Agreement is not required and the Agreement has the same rights and liabilities as a duly signed contract. In the case where the Client wishes to have a signed copy of this agreement, the Client should print and send 2 (two) signed copies to the Company, where the Company will duly sign and stamp the Agreements and return one copy back to the Client. The Company offers an online system facilitating the execution of transactions of Financial Contracts (as defined hereunder) by means of various trading solutions and platforms, as well as pricing and risk management services. This Agreement and T038C applies to both the Companys URLs and such as but not limited to trading Systems as well as to the electronic content andor software currently contained on the Web site that supplies its clients with real time information about the prices of the Financial Contracts derivatives that it offers as well as with the trading Systems for the execution of Financial Contracts (hereinafter referred to as: the Service(s)), and any other features, content or services that the Company may add in the future. The Company through the online trading platform provides its Services directly to its customers andor sometimes by the use of authorized partners. In the event that the Company has a local partner, the Company may delegate to such representative any powers andor authorities it so deems fit and necessary from time to time, in connection with the local operations of the trading system at your country of residence. Specifically, the company is outsourcing the following departments: sales, marketing, retention, fraud, finance, and client support. In the event of clients choosing to make use of Robots or Expert Advisors, the clients do so at their own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) Binary or Digital Options shall mean an option which offers a potential fixed return predetermined at the opening of the Contract b) Business Day shall mean any calendar day beginning at 00:00 and ending at 23:59 GMT2 c) Collateral shall mean the initial sum deposited by the client with the Company after the deduction of loses, deduction of funds withdrawn by the client, plus profits derived from the Transactions d) Contract Price shall mean the prices offered by the System which are based upon indicative prices provided by various financial information systems as the current updated rates for contracts in the financial markets e) CySEC shall mean the Cyprus Securities and Exchange Commission the body in charge of regulating the financial markets in Cyprus f) Derivatives shall mean a contract whose value is derived from that of an underlying financial instrument. g) Emir shall mean the European Market Infrastructure Regulation (EMIR) is a European Union regulation designed to increase the stability of the over-the-counter (OTC) derivatives markets throughout the EU states. h) Financial Contract or Contract shall mean a contract to open a Binary Options or Digital Options position or any other financial service that the Company may offer to its customers through the System i) Market making A market maker or liquidity provider is a company, or an individual, that quotes both a buy and a sell price in a financial instrument or commodity held in inventory. j) Markets shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free trade, and other markets where various financial assets are traded k) MiFid shall mean The Markets in Financial Instruments Directive a European Union law that provides harmonized regulation for investment services across the 31 member states of the European Economic Area l) Multilateral Trading Facility is a multilateral system operated by an Investment Firm or market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments (in the system and in accordance with its nondiscretionary rules) in a way that results in a contract m) Regulated Market shall mean the multilateral system managed or operated by a market operator and which brings together or facilitates the bringing together of multiple third-party buying andor selling interests in financial instruments (in the system and in accordance with its non-discretionary rules) in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules andor systems, in which are authorized and functions regularly in accordance with the provisions of Law 144(I)2007 or respective legislation of other member states that are enacted in compliance with Directive 200439EC. n) System shall mean an electronic system designed to allow trading in Financial Contracts a platform, over the internet, subject to all terms of this Agreement and the terms as defined in the Trading Manual, which is an integral part of the Agreement o) Trading bonuses are our way of thanking new customers for choosing to trade with us. A first-deposit bonus gives traders more buying power, thus giving them the ability to open larger or more frequent trades. Other types of bonuses may also be offered from time to time p) Transaction shall mean purchase or sale of a Financial Contract for a fixed price q) US client customer are client who are U. S. citizen (either dual or not) andor a holder of U. S. passport andor entitled to lawful permanent resident status in the U. S.A. (green card) andor was born in the U. S.A. Legal Entity incorporated in the U. S.A. andor have a U. S. residence address or a U. S. correspondence address (including a U. S. PO Box) andor a U. S. resident, alien for tax purposes. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 4. Membership Eligibility The Companys Services are available and may be used only by traders who can form legally binding contracts under the applicable laws in their own country of residence. The investment Services are only available to persons over the age of 18 or otherwise above the legal age and who can legally execute binding contracts under the laws of their country of residence. Without limiting the above, our Services are not available where their use is illegal, and the Company reserves the right to refuse andor cancel Services to anyone at any time, at its own discretion. In addition, the company does not, and will not accept U. S. clients. Furthermore, the Company declares that it is not, and shall not, be responsible in any way to the inaccuracy of information published on its Web site by others, and as such every published or referenced item of information should be regarded as unfounded information in regard to the management of their activities and risks. We strongly advise that all information is checked and confirmed by each individual trader, through independent information sources of their choice, prior to the execution of any transactions by themselves. 5. Provision of Services 1. The Company is authorized by CySEC to provide the following investment services in accordance with its CIF authorization: a) Reception and transmission of orders in relation to one or more Financial Instruments. b) Execution of orders on behalf of clients. c) Dealing on own account. 2. The Company is also authorized to provide the following ancillary services: a) Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cashcollateral management. b) Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the company is involved in the transaction. c) Foreign exchange services where these are connected to the provision of investment services. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 3. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 6. Client Categorization a) All clients are categorized as Retail Clients. This categorization provides the highest level of protection, as opposed to Professional Clients or Eligible Counterparties. b) The client is bound by the method and process of categorization as this is defined and thoroughly explained in the CLIENT CATEGORISATION document which can be found on the Companys website under the title CLIENT CATEGORISATION in the LEGAL section. By accepting these T038C, the Client accepts the application of the categorization method as this is defined in the CLIENT CATEGORISATION policy. c) The Company will deal with the Client according to the rules of professional conduct based on which the Client will be treated as a Retail Client in accordance with the information provided to the Company during the Account opening procedure. The Client must immediately inform the Company in the case of any changes concerning the clients personal information. In the event that the Client wishes to be re-categorized the Client must inform the Company in writing, clearly stating such a wish. The final decision of the change in categorization, however, lies in the absolute discretion of the Company. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) The Company will take all reasonable steps to obtain the best possible trading rates for its Clients when providing pricing and quotes in relation to financial instruments. The Companys Best Execution Policy sets out a general overview on how orders are executed as well as many other factors which affect the execution of a financial instrument. b) By accepting these T038C, the Client acknowledges and accepts that he has read and understood the Best Execution Policy of the Company, which is available for examination on the Companys website under the heading LEGAL. a) By accepting all of the T038C of this Agreement you understand and accept the fast-paced nature of the companys business and products, and you confirm that you wish establish a business relationship with it. b) Upon execution of this Agreement, the Company shall create an account in your name and ownership in the System. The account and other relevant details shall be in accordance with the information provided by you, as is required by the Company and regulation. You must ensure that the information provided by yourself is complete, true and accurate. It is hereby clarified that the provision of misleading information may be regarded as a legal offence and shall entail immediate cessation of activities in your account andor its immediate closure. You acknowledge that upon the completion of your identification procedure by the Company, it may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System from time to time, and to that end may transfer identification details provided to it by yourself. c) It is hereby clarified that in due course full compliance procedures, as required by CySEC, will be performed by the company on each of its clients, which will include but are not be limited to KYC, AML, Appropriateness test, and Client Classification. Specifically, for a clients account to be approved to trade and withdraw funds the client must submit official proof of address and proof of identification in color format. A color copy of the credit card used for deposit is also a prerequisite before withdrawals can be approved. Please note that conditions for compliance might be subject to periodic changes based on the European AML directives amendments. d) By accepting all of the T038C of this Agreement you understand that all client accounts are subject to review at the latest every six (6) months, in order to replace any expired KYC documents, and possibly to request further clarification documents if necessary. Continued compliance must be adhered to by both the operator and its traders. Failure to submit new documents as and when requested can lead to the suspension of a clients account. e) By accepting all of the T038C of this Agreement you understand that you have a given time limit by which you must complete the KYC process, by submitting your proof of address and proof of identification. If you fail to do this, and your trading account is not approved, by the end of the time-limit given, you understand that your trading account will be suspended. While suspended you will not be able to deposit, trade, or withdraw any funds, until your account is approved and re-activated. If you fail to have your account approved within a certain time frame of suspension, your trading account will be permanently closed. f) By accepting all of the T038C of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to carry out orders and activities in accordance with your instructions all in accordance with the powers granted to the Company under this Agreement andor for the provision of the Services. You also agree to receive news, information and promotional material from the company from time to time. g) To remove any doubts, the execution of any Transaction in the account is subject to the deposit of the Collateral by you. The Company shall not allow you to execute any Transaction without the said deposit andor in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Companys policy from time to time. For the avoidance of doubt, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading. All funds shall be held by the Company on your behalf and the Company may deposit such funds with any financial institution it holds bank accounts with. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in your account, 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company shall have the right to decrease your exposure in the said Transaction andor approach you to rectify such required Collateral andor demand from you payment in full for any deficiency which has occurred by your Transaction which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Transaction and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by the Company. h) To remove any doubts, it is hereby clarified that the Company may, at its sole discretion, amend from time to time the terms governing the use of the System, the scope of its Services and the sum of the Collateral required for the execution of Transactions by you. Any amendments will be communicated to all clients via the Companys site. However, any such change to the rules made whilst the site is in operation will not apply retrospectively and will only apply to acquisitions of financial contracts made after such change. i) Upon the opening of the account, the Company shall issue you with a confidential personal identification password (hereinafter: the login password) to be used by you to operate your account via the Internet. You hereby irrevocably undertake to safeguard the login password and hereby waive any and all claims against the Company relating to any unauthorized use of the login password. j) Acquisition of Financial Contracts through the System must be executed in accordance with the latest version of the T038C published on this site. To remove any doubts, the Company may amend, change or cancel any part of the said T038C, and their effect shall be from the date such amended terms have been published on the site. Acquisition of a Financial Contract is completed when the Financial Contract has been customized, the premium has been calculated and payment has been verified. k) Deposits can only be made using creditdebit cards, or from bank accounts belonging to the trading account holder. No deposits are acceptable from third party bank accounts or by using the creditdebit card of a third party, unless documented authorization is provided by the cardholder. No cash deposits are acceptable. Anyone who executes a deposit into their trading account through an unauthorized third party source will immediately have their trading account closed, and a legal investigation will begin to ascertain whether the card used was stolen. l) The only exception to the above rule is that clients can make deposits using a relatives credit card, on condition that a signed letter of authorization has been previously submitted by the card holder, giving their permission for the card to be used, and also stating their exact relationship to the trader client. The card holder authorizing the use of their card will also have to submit their Proof of Identification. which will need to be approved by the compliance officer. A color copy of the credit card, front 038 back will also have to be submitted. 9. Company obligations The Company hereby warrants and undertakes that: a) It has the required skills and expertise to provide the Services. b) Neither today, nor in the future shall it provide any financial advice to you or any of its customers and no information which may be found on the Companys Web site may be considered as financial advice for any purpose whatsoever. To remove any doubts, information given on the site, the System andor emails or newsletters sent by the Company related to its Services or financial markets, is not intended to be used as financial or investment advice and the Company shall not accept any liability in this respect. It shall not be liable in any way whatsoever for any claims, suits, contentions, losses, expenses, damages etc. incurred by you as a result of your reliance on any information provided by the Company. c) The maximum loss that you may suffer by using the trading platform, is the amount of money paid by you to the Company as Collateral andor any sums in your Account which you have used to purchase Financial Contracts. d) The Company does not provide a market amongst or between customers for investments, securities, derivatives or speculations. Each Financial Contract purchased via the System, is an individual agreement between you and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 From time to time the company may increase its client base through the efforts of affiliates andor Introducing Brokers. These efforts are rewarded by way of commissions andor trading bonuses, which are totally separate and independent from clients deposits and funds. For further details on this subject please contact the company directly. a) The Company reserves the right to suspend the operation of this site or sections thereof under the following circumstances: b) 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 operation of this site or the System 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 contracts or c) when there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial contracts or where the price or value of any of the financial contracts cannot be promptly or accurately calculated or d) When the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the price of a specific Contract in particular. e) Under such circumstances, other than in the case of abuse or manipulation of the System, the Company may at its sole discretion (with or without notice) close out your open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto. f) In case of abuse or manipulation of the System, the Company may at its sole discretion take any measures it deems fit and appropriate under the said circumstances. 12. Client conditions The company hereby warrants and undertakes that: a) 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. b) You shall be the sole owner and beneficiary of the account. c) You are aware and you hereby acknowledge that the Company 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 country of residence and abide by such laws and regulations. You understand that laws regarding Financial 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 andor the System. For avoidance of doubt, an actual ability to access the Companys 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. 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. To remove any doubts, the Services are not to be used where they are illegal to use, and the Company reserves the right to refuse to provide andor 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. d) All funds deposited by you in your 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. To remove any doubts, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf by the Company or anyone on its behalf. Such monies are used as collateral for your transactions in the System. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 e) You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood all the information included in the Risk Disclosure which is published on the Companys website. f) You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person or by your agent or attorney or the Companys employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions andor orders. You are fully responsible for ensuring that you and you alone control access to your account, and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the site for your 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. g) You are aware that the Company does not provide any equipment nor is it an Internet Service Provider and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, on your end, or any other equipment not provided by the Company andor any Internet connection malfunction andor any computer program or software bugs andor errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. You shall be responsible for providing and maintaining the means by which to access the Web site, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access, service, license and subscription fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as computer or your computer). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device. h) You acknowledge and confirm that the Company does not represent, warrant or guarantee that: (i) you will be able to access or use the web site at times or locations of your choosing, or that the Company will have adequate capacity for the web site as a whole or in any geographic location and (ii) the web site will provide uninterrupted and error-free service. You hereby further acknowledge and confirm that the Company shall not be responsible for an impossibility to execute orders and requirements due to failures in the operation of information systems caused by faults, of any kind whatsoever. i) 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 account including required deductions at source and you forego any claim against the Company in this respect. j) You shall not abuse this site nor the System 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. The anti-money laundering processes have the following effects on customers: k) You must complete the account opening form which requests details that establish your identity. l) Winnings may only be paid out to the account-holder, and to a bank account under hisher own name and not to any third partys account. When maintaining an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the account-holders responsibility to ensure that their banks account number and name accompany all transfers to the Company. When a client maintains an account by means of creditdebit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 m) Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person. n) In the event that you choose to make use of Robots or Expert Advisors, you do so at your own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. o) You have read this Agreement in its entirety, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms. 13. Improper or Abusive Trading Should you execute trading strategies acting in bad faith, that is, you or any representative of yours trading on your behalf is committing any improper or abusive trading act such as for example: a) fraudillegal actions that led to the transaction b) orders placed based on manipulated prices as a result of system errors or system malfunctions c) arbitrage trading on prices offered by our platforms as a result of systems errors andor d) coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates. Then the Company will have the right to: i. adjust the price spreads available to you andor ii. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only andor iii. obtain from your account any historic trading profits that you have gained through such abuse of liquidity as determined by us at any time during our trading relationship andor iv. reject an order or to cancel a trade andor v. immediately terminate our trading relationship 1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein. 2. Funds belonging to clients for the purpose of trading will be kept in one or more omnibus accounts with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Companys name. 3. It is understood that the Company may hold funds on behalf of Clients in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events in relation to that bank, Clients funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 4. Any profits accruing from your Transactions shall be added to clients accounts as supplementary collateral. All losses resulting from your Transactions shall be deducted from clients accounts. 5. To remove any doubts, credit balances shall bear no interest. 15. Trading Bonuses 038 Competitions All bonuses are redeemable. This means that the actual bonus itself can be withdrawn. For information on the specific trading volume requirements please read the companys Bonus Terms 038 Conditions. If a client submits a withdrawal request prior to trading the necessary volume, as defined in the terms of the bonus, then the bonus amount (and any subsequent profits) will be removed before the client can withdraw any 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 of the remaining funds. When stated so, cash bonuses can be instantly withdrawn as cash, with no attached terms or conditions. Clients are free to accept or reject any bonus, but are always urged to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonusbenefit and closure of the clients account on the Companys website. The bonusesbenefits 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 bonusbenefit will be withdrawn from the clients account. The Company reserves the right to revoke the bonusbenefit should the special offer be abused andor should the offers terms fail to be met. The Companys 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. The minimum deposit for a bonusbenefit is 200. The maximum bonusbenefit a trader can receive is 10,000. From time to time the operator may offer various competitions to its clients, the winners of which will be published on the website. Also from time to time the company may offer a certain number of secure trades to its clients. With secure trades the company will reimburse any pre-defined number of trading losses incurred by the client, with a bonus of equal size, as specified in the terms of the offer. Occasionally the company may have a draw and award the winners gifts such as laptops, smartphones, software andor free memberships to financial information companies. In such cases the trader will be informed from within the advertisement what needs to be done to enter the draw. For example the trader may have to download a smartphone application or answer a questionnaire. The winners, as randomly drawn, will be published on the website, and these published results will be final. Winners will be informed by email, and any physical prizes will be posted directly to them. 16. Additional deposits, Withdrawals 1. Any withdrawal of the available cash in a clients account, whether partial or total, including any accrued profits (but not future profits) shall be executed by the client, via the online trading platform, with prior notice to the Company of at least seven business days. 2. Withdrawal amounts are always returned back to the original source of deposit (the credit card, for example), up to the amount of the deposit. Any further amounts (profits), may be also credited to the credit card, or they will be forwarded by bank wire to the clients personal bank account, in the country where the trading account is registered. 3. Withdrawal requests are submitted by the client directly into the system via the online withdrawal facility. Withdrawal requests are not accepted over the telephone or by email, except in very rare cases when the client is undergoing technical difficulties, in which case the withdrawal may be executed manually for the client. All communications surrounding such manual withdrawals are logged and archived. 4. All withdrawal orders made by the client must follow the provision of the proper set of compliance documentations or any other type of client authentication as may be required from time to time by Anti-Money Laundering (AML) Regulations, credit card companies and the Website as a prerequisite, prior to the execution of a withdrawal order. Specifically for clients who deposited using a creditdebit card, no withdraw will be cleared for execution until the client has submitted a color copy of the front and back of the credit card used. In the event where the client submits a withdrawal request prior to submitting the color copies of the creditdebit card used, then the withdrawal will be placed on a 7 day pending status. If the client submits the missing document within the 7 days, then the withdrawal will be processed. If not, the complete available balance in the clients account (minus any profits) will be returned to the client (to the credit cardbank account of origin), and the account will be closed. 5. All withdrawals are subject to the discretion of the Companys Compliance Department and any suspicious transaction shall be recorded and reported accordingly. 6. For withdrawals to be executed they must also abide by the T038C for any possible trading bonuses granted. 7. To remove any doubts, all withdrawals requested by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment, provided all terms and conditions for withdrawals have been satisfied. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 8. You the client are allowed one free withdrawal each month. For every subsequent withdrawal in the same month there will be a 3030 processing charge. 9. The minimum acceptable withdrawal amount is 303030. Amounts smaller than this will be rejected automatically by the system. 10. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. 11. Clients may transfer to their account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited. 12. Payment by credit cards may be made to the Company via creditdebit cards subject to the regulations of the applicable credit cards issuers. 13. No withdrawals will be processed on days which are public holidays in Cyprus. A list of these holidays can be found at en. wikipedia. orgwikiPublicholidaysinCyprus 17. Closure of account To request the closure of their account clients must complete and submit the Account Termination Form. Having completed the form and emailed it in to the company the client should also ensure that all trades have been closed from within the trading platform, and then the client should also submit a withdrawal request for all the funds in their account. In the event that a clients account is closed by the company due to non-completion or the failing of compliance, then all the funds remaining in the clients account (minus any profits) will be returned to the source credit card bank account. The MLCO will consider further investigation under AML policies. The company reserves the right to close the account of any client who is considered to carry a risk to the future of the company and for the clients of the company. This will especially apply if the client is suspected of using alternative pricing engines tools, or even insider information, which is bringing about continuous and large losses to the company. Prior to closing a clients account, however, a full investigation is made, and the client is placed in the high-risk category. This will result in the client receiving pricing and spreads more appropriate to his continuous profits. If the client remains on the high-risk-category, which can only be the result of some kind of technical manipulation, the clients account will be closed. If the clients manipulative actions cannot be proved, the balance of their account will be withdrawn to the client, and a communication will be sent to the client explaining the reasons behind these actions. If, on the other hand, manipulation is proven, no further monies will be sent to the client, the account will be closed, a communication will be sent expla ining the companys actions, and possibly legal action will be taken against the client also. 18. Duly Authorized Persons Only the account-holders themselves are authorized to trade using their individual trading accounts. If an accountholder allows any third person access to his account to trade on his behalf, he does so at his own risk, and the company neither approves of such action, neither takes any responsibility for anyall loses incurred. 19. Recording of Telephone Conversation and Record Keeping The Company, or an authorized party on its behalf, will record every telephone conversation. 1. The Company or an authorized party on its behalf shall maintain records of all your Transactions. 2. Any of these recordsrecordings may be used by the Company for any purpose the Company sees fit (provided that this does not conflict with the risk disclosure), including the resolution of conflicts which might occur between the Parties. 3. It is hereby clarified that the said recordsrecordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in the event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, following strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating andor 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 copying of any record andor documents in accordance with the then current the Company official price list for such services. 20. Risks and Liability a) All Transactions to be carried out by you are executed 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 Collateral. b) In reading this, all clients hereby declare that they understand and accept that a fundamental pre-condition to this Agreement, relates to the Companys right to close at any time, without an advanced notice, any Transaction executed by the client, in the event that their portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts prices. The company is following strictly all EMIR reporting requirements. At the end of each trading day, confirmations of all Transactions that have been executed on that trading day will be available via the Customers online account through the System. Clients may request to receive account statements monthly or quarterly via email, by providing such a request to the Company, but the Company is not obliged to provide the Clients with hard-copy account statements. The account statement is provided at the expense of the client. 22. Commissions and fees Clients are not charged any commissions or fees by the Company for any Transaction executed unless agreed otherwise by the Parties hereto. However, any and all bank charges (concerning transfer, charges etc) will be deducted from the clients cash balance. There is also a 1010GB10 a month inactivity fee which will be charged to each client whose account is inactive for a period greater than 3 months. Activity, in this sense, is a client logging in to their trading account. The fee will be deducted directly from each clients trading account, from their available balance. To avoid this 1010GB10 inactivity charge a client must log in to their trading account at least once every three (3) months. Clients whom have never deposited money in their trading account, will not be charged an inactivity fee. Clients with less than a 1010GB10 balance in their trading account, will be charged that balance amount, thus bringing their account to zero. Suspended accounts are still liable to pay the inactivity fee, if conditions arise. Closeddisabled accounts are not charged inactivity fees. For foreign currency accounts the inactivity fee will be a direct conversion of US10, using the conversion rate of the day 23. Transactions and Trade Characteristic 1. Every Transaction shall be executed in accordance with the applicable procedures as set forth in the Best Execution Policy. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration. 2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System. 24. Stop of Trade, Inaccurate Quotes, Force Majeure 1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to unforeseen circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions clients may have (by performing a Reverse Transaction) without prior written notice being sent to the clients, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. Clients hereby waive any claims of indemnification suits causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement. 2. The Company reserves the right to cancel any Transaction which due to a System andor human error, whether under the control of the Company or not, has been executed at a price which at the time of the Transaction was not the indicative andor accurate price of that said Financial Contract created by the transaction. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 25. Intellectual property 1. This Web site belongs to Novox Capital Ltd or a third party including our licensors. This content may include names, terms andor data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party. 2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of trading in our products. 3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of Cyprus law or these T038C, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. In addition to the above, you agree not to deep-link to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Companys Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. 30. Proprietary Protection The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 You may not copy, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time. The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. The Company cautions clients to make sure they understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and client agrees that under no circumstances will they hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 33. Current and binding form Client acknowledges and agrees to the fact that the Company may update andor adjust andor amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be communicated to the client and published on the Companys Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time. Client acknowledges that the Software contains proprietary trade secrets of the Company and they hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the T038C of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such T038C. 35. Limited Warranty ANY USE BY YOU OF THE COMPANYS WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED AS IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, AS FAR AS POSSIBLE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 36. Limitation of Liability IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANYS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATESCOUNTRIES DO NOT 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The company is not responsible for any problems or technical malfunction of telephone network or lines, on any computer online systems, servers or providers, hardware, software, or failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 37. Anti Money Laundering No person shall abuse this site for the purpose of money laundering. The Company is obliged to follow the requirements as set out by the European Union, relevant domestic laws and the Regulations issued by CySEC for the prevention and suppression of money laundering activities. It is thus required by the company to obtain certain verification documents from its Customers. The Company maintains policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. The Company may request from the Customer to inform it on the origin of the money being invested. This process may require proof of certain documentation. The Company may use the Customer information in order to carry out credit, anti-money laundering and fraud prevention checks to exercise andor defend the Companys legal rights and to comply with applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. The Company reserves the right to refuse to do any business with and to reverse the transactions of Customers in accordance with the AML requirements and policies. 38. Privacy Statement The Company regards of prime importance the privacy of its Customers and protection of their personal information. The company stores and processes client information on servers where it is protected by both physical and technological security measures. The company shall not sell or rent client personal information to third parties for any purposes without clients previous explicit consent and we shall only use this information as described in our Privacy Policy. 39. Termination of Agreement a) The Company may terminate this Agreement at any time by giving the client notice to this effect. b) Clients may terminate this Agreement at any time by giving the Company a 48 hours advanced notice. c) Termination of the Agreement by any of the Parties shall require clients to close all open positions by executing the required Transactions. d) As of the date of the termination notice by clients, they may not execute any new Transactions, which shall open new positions in their accounts. 40. Investor Compensation Fund The Company being a member of the Investors Compensation Fund (the Fund) provides the Customer with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfill its obligations regardless of whether that obligation arises from a breach of applicable law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement the client has read, understood and accepted the information under the title INVESTOR COMPENSATION FUND which is published on this website, available for all to read. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any investor of EUR 20,000. 41. Conflicts of Interest a) The Company is required to have systems in place to manage conflicts of interest between the Company and its customers and between other customers. The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided it shall ensure that customers are treated fairly and at the highest level of integrity and that their interests are protected at all times. b) The Customer acknowledges and accepts that he has read and accepted the Conflicts of Interest policy of 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company, which is published on this website. a) This Agreement and T038C. including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally. b) All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto. c) Clients may not transfer this Agreement or any of their rights or obligations hereunder to any third party. d) The Company or an authorized party on its behalf may send to clients any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by clients to the Company must be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company. e) This Agreement shall be construed and enforced in accordance with, and shall be governed by the Republic of Cyprus, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of the Republic of Cyprus (the Courts) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts. f) In the event that a client wishes to make a complaint heshe must complete and submit the online complaint form. The company will respond within 48 hours. By using the services offered by the Company and by using this website the user agrees that Novox Capital Ltd. the author and any other entities associated with Novox Capital Ltd. shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc. and any other information contained in regard to its use and understanding. a) By accessing, visiting andor using this Website or any other webpage thereon, you unequivocally and unreservedly express your binding agreement to any and all of these terms. b) Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Website users, what we may do with it, and what you can do to protect your privacy. c) This policy applies to all information collected to or submitted on Website. You may be able to execute financial transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include users name, home address, e-mail address, telephone number, bank account, credit card number, etc. whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act according to the updating your information instructions therein. You hereby confirm that you aware to the fact that due to legal requirements some of your information detailed cannot be changed. d) Website may also collect other types of information, as logged by Websites servers, including your IP address, browser type and language, and the date and time of your visit, in order to infer certain user trends or to block certain users from accessing Website. Thus, Website may assign your computer one or more cookies which 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 may collect information in order to facilitate access to Website and to personalize your online experience, and or use standard or non-standard internet tools, such as web beacons or monitoring programs, which collect information that tracks your use of Website and enables it to customize our services and promotions. e) Personal information given to us by you shall not be disclosed to any third party without your prior consent, unless such information: (i) is required to be disclosed to related companies of ours (ii) was publicly known to us andor made generally available in the public domain prior to the time of disclosure by you (iii) becomes publicly known and made generally available after disclosure by you to us through no action or inaction of us (iv) is required to be disclosed by law or regulation, in which case we shall give the you as much advance notice of the proposed disclosure as is practical (including a copy of any written request or order)in order to allow you to limit or restrict such disclosure (v) is furnished or made known to us by a third party otherwise than in breach of any of our confidentiality obligation hereunder is independently developed by us without reference to the information disclosed by you or was known to us, without restriction, at the time of disclosure by you , as shall be shown and evidenced by written documents or (vii) is required to be disclosed in order for us to protect our rights. f) In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. g) In order to protect child privacy, we never knowingly collect or maintain information from users under 18 no part of our website is structured to attract anyone under 18. h) If you so wish, you may choose and ask not to receive emails andor newsletters from the Website, andor delete or decline cookies by changing your browser settings. i) This privacy policy may be changed from time to time. We reserve the right, at any time, to amend, alter, modify or change, as we see fit, any term of this Privacy Policy our without any prior notice, and you hereby agree to conform to the current version as published in this site. Privacy PolicyTerms and Conditions Client Agreement and General Terms 038 Conditions IMPORTANT YOU SHOULD READ AND ACKNOWLEDGE THIS CLIENT AGREEMENT AND TERMS AND CONDITIONS IN ITS ENTIRITY BEFORE COMPLETING REGISTRATION (HEREINAFTER REFERRED TO AS: AGREEMENT ANDOR T038C). BY ACCEPTING THIS CLIENT AGREEMENT AND THESE T038C AND THEREFORE REGISTERING ANDOR USING THE COMPANYS SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CLIENT AGREEMENT AND THESE T038C OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS T038C. IF YOU DO NOT AGREE TO ANY OR ALL OF THE T038C SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE. This Agreement is entered into by Novox Capital Ltd. a Cyprus Investment Firm registered under the laws of The Republic of Cyprus, with registration number HE292182, having its registered office at 60 Regaena Str. 3rd Floor, Nicosia 1010, Cyprus (hereinafter referred to as: the Company) and yourself (hereinafter referred to as: you or Customer), (In this Agreement the Company and you may be referred to collectively as the: Parties). The Company is authorized and regulated in Cyprus by the Cyprus Securities and Exchange Commission (hereinafter referred to as CySEC) and subject to CySEC rules (with license number 22414), with Cypriot Investment Firm (hereinafter referred to as: the CIF). The Company is authorized to provide the investment services as specified in this Client Agreement and T038C. The relationship between the Client and the Company is governed by this Agreement and T038C. As this Agreement is a distance contract, it is also governed by the Distance Marketing of Consumer Financial Services Law N24(I)2004, implementing the EU Directive 200265EC, whereby the signing the Agreement is not required and the Agreement has the same rights and liabilities as a duly signed contract. In the case where the Client wishes to have a signed copy of this agreement, the Client should print and send 2 (two) signed copies to the Company, where the Company will duly sign and stamp the Agreements and return one copy back to the Client. The Company offers an online system facilitating the execution of transactions of Financial Contracts (as defined hereunder) by means of various trading solutions and platforms, as well as pricing and risk management services. This Agreement and T038C applies to both the Companys URLs and such as but not limited to trading Systems as well as to the electronic content andor software currently contained on the Web site that supplies its clients with real time information about the prices of the Financial Contracts derivatives that it offers as well as with the trading Systems for the execution of Financial Contracts (hereinafter referred to as: the Service(s)), and any other features, content or services that the Company may add in the future. The Company through the online trading platform provides its Services directly to its customers andor sometimes by the use of authorized partners. In the event that the Company has a local partner, the Company may delegate to such representative any powers andor authorities it so deems fit and necessary from time to time, in connection with the local operations of the trading system at your country of residence. Specifically, the company is outsourcing the following departments: sales, marketing, retention, fraud, finance, and client support. In the event of clients choosing to make use of Robots or Expert Advisors, the clients do so at their own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) Binary or Digital Options shall mean an option which offers a potential fixed return predetermined at the opening of the Contract b) Business Day shall mean any calendar day beginning at 00:00 and ending at 23:59 GMT2 c) Collateral shall mean the initial sum deposited by the client with the Company after the deduction of loses, deduction of funds withdrawn by the client, plus profits derived from the Transactions d) Contract Price shall mean the prices offered by the System which are based upon indicative prices provided by various financial information systems as the current updated rates for contracts in the financial markets e) CySEC shall mean the Cyprus Securities and Exchange Commission the body in charge of regulating the financial markets in Cyprus f) Derivatives shall mean a contract whose value is derived from that of an underlying financial instrument. g) Emir shall mean the European Market Infrastructure Regulation (EMIR) is a European Union regulation designed to increase the stability of the over-the-counter (OTC) derivatives markets throughout the EU states. h) Financial Contract or Contract shall mean a contract to open a Binary Options or Digital Options position or any other financial service that the Company may offer to its customers through the System i) Market making A market maker or liquidity provider is a company, or an individual, that quotes both a buy and a sell price in a financial instrument or commodity held in inventory. j) Markets shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free trade, and other markets where various financial assets are traded k) MiFid shall mean The Markets in Financial Instruments Directive a European Union law that provides harmonized regulation for investment services across the 31 member states of the European Economic Area l) Multilateral Trading Facility is a multilateral system operated by an Investment Firm or market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments (in the system and in accordance with its nondiscretionary rules) in a way that results in a contract m) Regulated Market shall mean the multilateral system managed or operated by a market operator and which brings together or facilitates the bringing together of multiple third-party buying andor selling interests in financial instruments (in the system and in accordance with its non-discretionary rules) in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules andor systems, in which are authorized and functions regularly in accordance with the provisions of Law 144(I)2007 or respective legislation of other member states that are enacted in compliance with Directive 200439EC. n) System shall mean an electronic system designed to allow trading in Financial Contracts a platform, over the internet, subject to all terms of this Agreement and the terms as defined in the Trading Manual, which is an integral part of the Agreement o) Trading bonuses are our way of thanking new customers for choosing to trade with us. A first-deposit bonus gives traders more buying power, thus giving them the ability to open larger or more frequent trades. Other types of bonuses may also be offered from time to time p) Transaction shall mean purchase or sale of a Financial Contract for a fixed price q) US client customer are client who are U. S. citizen (either dual or not) andor a holder of U. S. passport andor entitled to lawful permanent resident status in the U. S.A. (green card) andor was born in the U. S.A. Legal Entity incorporated in the U. S.A. andor have a U. S. residence address or a U. S. correspondence address (including a U. S. PO Box) andor a U. S. resident, alien for tax purposes. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 4. Membership Eligibility The Companys Services are available and may be used only by traders who can form legally binding contracts under the applicable laws in their own country of residence. The investment Services are only available to persons over the age of 18 or otherwise above the legal age and who can legally execute binding contracts under the laws of their country of residence. Without limiting the above, our Services are not available where their use is illegal, and the Company reserves the right to refuse andor cancel Services to anyone at any time, at its own discretion. In addition, the company does not, and will not accept U. S. clients. Furthermore, the Company declares that it is not, and shall not, be responsible in any way to the inaccuracy of information published on its Web site by others, and as such every published or referenced item of information should be regarded as unfounded information in regard to the management of their activities and risks. We strongly advise that all information is checked and confirmed by each individual trader, through independent information sources of their choice, prior to the execution of any transactions by themselves. 5. Provision of Services 1. The Company is authorized by CySEC to provide the following investment services in accordance with its CIF authorization: a) Reception and transmission of orders in relation to one or more Financial Instruments. b) Execution of orders on behalf of clients. c) Dealing on own account. 2. The Company is also authorized to provide the following ancillary services: a) Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cashcollateral management. b) Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the company is involved in the transaction. c) Foreign exchange services where these are connected to the provision of investment services. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 3. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 6. Client Categorization a) All clients are categorized as Retail Clients. This categorization provides the highest level of protection, as opposed to Professional Clients or Eligible Counterparties. b) The client is bound by the method and process of categorization as this is defined and thoroughly explained in the CLIENT CATEGORISATION document which can be found on the Companys website under the title CLIENT CATEGORISATION in the LEGAL section. By accepting these T038C, the Client accepts the application of the categorization method as this is defined in the CLIENT CATEGORISATION policy. c) The Company will deal with the Client according to the rules of professional conduct based on which the Client will be treated as a Retail Client in accordance with the information provided to the Company during the Account opening procedure. The Client must immediately inform the Company in the case of any changes concerning the clients personal information. In the event that the Client wishes to be re-categorized the Client must inform the Company in writing, clearly stating such a wish. The final decision of the change in categorization, however, lies in the absolute discretion of the Company. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) The Company will take all reasonable steps to obtain the best possible trading rates for its Clients when providing pricing and quotes in relation to financial instruments. The Companys Best Execution Policy sets out a general overview on how orders are executed as well as many other factors which affect the execution of a financial instrument. b) By accepting these T038C, the Client acknowledges and accepts that he has read and understood the Best Execution Policy of the Company, which is available for examination on the Companys website under the heading LEGAL. a) By accepting all of the T038C of this Agreement you understand and accept the fast-paced nature of the companys business and products, and you confirm that you wish establish a business relationship with it. b) Upon execution of this Agreement, the Company shall create an account in your name and ownership in the System. The account and other relevant details shall be in accordance with the information provided by you, as is required by the Company and regulation. You must ensure that the information provided by yourself is complete, true and accurate. It is hereby clarified that the provision of misleading information may be regarded as a legal offence and shall entail immediate cessation of activities in your account andor its immediate closure. You acknowledge that upon the completion of your identification procedure by the Company, it may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System from time to time, and to that end may transfer identification details provided to it by yourself. c) It is hereby clarified that in due course full compliance procedures, as required by CySEC, will be performed by the company on each of its clients, which will include but are not be limited to KYC, AML, Appropriateness test, and Client Classification. Specifically, for a clients account to be approved to trade and withdraw funds the client must submit official proof of address and proof of identification in color format. A color copy of the credit card used for deposit is also a prerequisite before withdrawals can be approved. Please note that conditions for compliance might be subject to periodic changes based on the European AML directives amendments. d) By accepting all of the T038C of this Agreement you understand that all client accounts are subject to review at the latest every six (6) months, in order to replace any expired KYC documents, and possibly to request further clarification documents if necessary. Continued compliance must be adhered to by both the operator and its traders. Failure to submit new documents as and when requested can lead to the suspension of a clients account. e) By accepting all of the T038C of this Agreement you understand that you have a given time limit by which you must complete the KYC process, by submitting your proof of address and proof of identification. If you fail to do this, and your trading account is not approved, by the end of the time-limit given, you understand that your trading account will be suspended. While suspended you will not be able to deposit, trade, or withdraw any funds, until your account is approved and re-activated. If you fail to have your account approved within a certain time frame of suspension, your trading account will be permanently closed. f) By accepting all of the T038C of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to carry out orders and activities in accordance with your instructions all in accordance with the powers granted to the Company under this Agreement andor for the provision of the Services. You also agree to receive news, information and promotional material from the company from time to time. g) To remove any doubts, the execution of any Transaction in the account is subject to the deposit of the Collateral by you. The Company shall not allow you to execute any Transaction without the said deposit andor in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Companys policy from time to time. For the avoidance of doubt, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading. All funds shall be held by the Company on your behalf and the Company may deposit such funds with any financial institution it holds bank accounts with. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in your account, 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company shall have the right to decrease your exposure in the said Transaction andor approach you to rectify such required Collateral andor demand from you payment in full for any deficiency which has occurred by your Transaction which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Transaction and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by the Company. h) To remove any doubts, it is hereby clarified that the Company may, at its sole discretion, amend from time to time the terms governing the use of the System, the scope of its Services and the sum of the Collateral required for the execution of Transactions by you. Any amendments will be communicated to all clients via the Companys site. However, any such change to the rules made whilst the site is in operation will not apply retrospectively and will only apply to acquisitions of financial contracts made after such change. i) Upon the opening of the account, the Company shall issue you with a confidential personal identification password (hereinafter: the login password) to be used by you to operate your account via the Internet. You hereby irrevocably undertake to safeguard the login password and hereby waive any and all claims against the Company relating to any unauthorized use of the login password. j) Acquisition of Financial Contracts through the System must be executed in accordance with the latest version of the T038C published on this site. To remove any doubts, the Company may amend, change or cancel any part of the said T038C, and their effect shall be from the date such amended terms have been published on the site. Acquisition of a Financial Contract is completed when the Financial Contract has been customized, the premium has been calculated and payment has been verified. k) Deposits can only be made using creditdebit cards, or from bank accounts belonging to the trading account holder. No deposits are acceptable from third party bank accounts or by using the creditdebit card of a third party, unless documented authorization is provided by the cardholder. No cash deposits are acceptable. Anyone who executes a deposit into their trading account through an unauthorized third party source will immediately have their trading account closed, and a legal investigation will begin to ascertain whether the card used was stolen. l) The only exception to the above rule is that clients can make deposits using a relatives credit card, on condition that a signed letter of authorization has been previously submitted by the card holder, giving their permission for the card to be used, and also stating their exact relationship to the trader client. The card holder authorizing the use of their card will also have to submit their Proof of Identification. which will need to be approved by the compliance officer. A color copy of the credit card, front 038 back will also have to be submitted. 9. Company obligations The Company hereby warrants and undertakes that: a) It has the required skills and expertise to provide the Services. b) Neither today, nor in the future shall it provide any financial advice to you or any of its customers and no information which may be found on the Companys Web site may be considered as financial advice for any purpose whatsoever. To remove any doubts, information given on the site, the System andor emails or newsletters sent by the Company related to its Services or financial markets, is not intended to be used as financial or investment advice and the Company shall not accept any liability in this respect. It shall not be liable in any way whatsoever for any claims, suits, contentions, losses, expenses, damages etc. incurred by you as a result of your reliance on any information provided by the Company. c) The maximum loss that you may suffer by using the trading platform, is the amount of money paid by you to the Company as Collateral andor any sums in your Account which you have used to purchase Financial Contracts. d) The Company does not provide a market amongst or between customers for investments, securities, derivatives or speculations. Each Financial Contract purchased via the System, is an individual agreement between you and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 From time to time the company may increase its client base through the efforts of affiliates andor Introducing Brokers. These efforts are rewarded by way of commissions andor trading bonuses, which are totally separate and independent from clients deposits and funds. For further details on this subject please contact the company directly. a) The Company reserves the right to suspend the operation of this site or sections thereof under the following circumstances: b) 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 operation of this site or the System 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 contracts or c) when there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial contracts or where the price or value of any of the financial contracts cannot be promptly or accurately calculated or d) When the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the price of a specific Contract in particular. e) Under such circumstances, other than in the case of abuse or manipulation of the System, the Company may at its sole discretion (with or without notice) close out your open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto. f) In case of abuse or manipulation of the System, the Company may at its sole discretion take any measures it deems fit and appropriate under the said circumstances. 12. Client conditions The company hereby warrants and undertakes that: a) 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. b) You shall be the sole owner and beneficiary of the account. c) You are aware and you hereby acknowledge that the Company 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 country of residence and abide by such laws and regulations. You understand that laws regarding Financial 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 andor the System. For avoidance of doubt, an actual ability to access the Companys 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. 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. To remove any doubts, the Services are not to be used where they are illegal to use, and the Company reserves the right to refuse to provide andor 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. d) All funds deposited by you in your 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. To remove any doubts, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf by the Company or anyone on its behalf. Such monies are used as collateral for your transactions in the System. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 e) You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood all the information included in the Risk Disclosure which is published on the Companys website. f) You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person or by your agent or attorney or the Companys employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions andor orders. You are fully responsible for ensuring that you and you alone control access to your account, and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the site for your 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. g) You are aware that the Company does not provide any equipment nor is it an Internet Service Provider and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, on your end, or any other equipment not provided by the Company andor any Internet connection malfunction andor any computer program or software bugs andor errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. You shall be responsible for providing and maintaining the means by which to access the Web site, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access, service, license and subscription fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as computer or your computer). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device. h) You acknowledge and confirm that the Company does not represent, warrant or guarantee that: (i) you will be able to access or use the web site at times or locations of your choosing, or that the Company will have adequate capacity for the web site as a whole or in any geographic location and (ii) the web site will provide uninterrupted and error-free service. You hereby further acknowledge and confirm that the Company shall not be responsible for an impossibility to execute orders and requirements due to failures in the operation of information systems caused by faults, of any kind whatsoever. i) 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 account including required deductions at source and you forego any claim against the Company in this respect. j) You shall not abuse this site nor the System 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. The anti-money laundering processes have the following effects on customers: k) You must complete the account opening form which requests details that establish your identity. l) Winnings may only be paid out to the account-holder, and to a bank account under hisher own name and not to any third partys account. When maintaining an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the account-holders responsibility to ensure that their banks account number and name accompany all transfers to the Company. When a client maintains an account by means of creditdebit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 m) Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person. n) In the event that you choose to make use of Robots or Expert Advisors, you do so at your own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. o) You have read this Agreement in its entirety, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms. 13. Improper or Abusive Trading Should you execute trading strategies acting in bad faith, that is, you or any representative of yours trading on your behalf is committing any improper or abusive trading act such as for example: a) fraudillegal actions that led to the transaction b) orders placed based on manipulated prices as a result of system errors or system malfunctions c) arbitrage trading on prices offered by our platforms as a result of systems errors andor d) coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates. Then the Company will have the right to: i. adjust the price spreads available to you andor ii. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only andor iii. obtain from your account any historic trading profits that you have gained through such abuse of liquidity as determined by us at any time during our trading relationship andor iv. reject an order or to cancel a trade andor v. immediately terminate our trading relationship 1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein. 2. Funds belonging to clients for the purpose of trading will be kept in one or more omnibus accounts with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Companys name. 3. It is understood that the Company may hold funds on behalf of Clients in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events in relation to that bank, Clients funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 4. Any profits accruing from your Transactions shall be added to clients accounts as supplementary collateral. All losses resulting from your Transactions shall be deducted from clients accounts. 5. To remove any doubts, credit balances shall bear no interest. 15. Trading Bonuses 038 Competitions All bonuses are redeemable. This means that the actual bonus itself can be withdrawn. For information on the specific trading volume requirements please read the companys Bonus Terms 038 Conditions. If a client submits a withdrawal request prior to trading the necessary volume, as defined in the terms of the bonus, then the bonus amount (and any subsequent profits) will be removed before the client can withdraw any 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 of the remaining funds. When stated so, cash bonuses can be instantly withdrawn as cash, with no attached terms or conditions. Clients are free to accept or reject any bonus, but are always urged to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonusbenefit and closure of the clients account on the Companys website. The bonusesbenefits 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 bonusbenefit will be withdrawn from the clients account. The Company reserves the right to revoke the bonusbenefit should the special offer be abused andor should the offers terms fail to be met. The Companys 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. The minimum deposit for a bonusbenefit is 200. The maximum bonusbenefit a trader can receive is 10,000. From time to time the operator may offer various competitions to its clients, the winners of which will be published on the website. Also from time to time the company may offer a certain number of secure trades to its clients. With secure trades the company will reimburse any pre-defined number of trading losses incurred by the client, with a bonus of equal size, as specified in the terms of the offer. Occasionally the company may have a draw and award the winners gifts such as laptops, smartphones, software andor free memberships to financial information companies. In such cases the trader will be informed from within the advertisement what needs to be done to enter the draw. For example the trader may have to download a smartphone application or answer a questionnaire. The winners, as randomly drawn, will be published on the website, and these published results will be final. Winners will be informed by email, and any physical prizes will be posted directly to them. 16. Additional deposits, Withdrawals 1. Any withdrawal of the available cash in a clients account, whether partial or total, including any accrued profits (but not future profits) shall be executed by the client, via the online trading platform, with prior notice to the Company of at least seven business days. 2. Withdrawal amounts are always returned back to the original source of deposit (the credit card, for example), up to the amount of the deposit. Any further amounts (profits), may be also credited to the credit card, or they will be forwarded by bank wire to the clients personal bank account, in the country where the trading account is registered. 3. Withdrawal requests are submitted by the client directly into the system via the online withdrawal facility. Withdrawal requests are not accepted over the telephone or by email, except in very rare cases when the client is undergoing technical difficulties, in which case the withdrawal may be executed manually for the client. All communications surrounding such manual withdrawals are logged and archived. 4. All withdrawal orders made by the client must follow the provision of the proper set of compliance documentations or any other type of client authentication as may be required from time to time by Anti-Money Laundering (AML) Regulations, credit card companies and the Website as a prerequisite, prior to the execution of a withdrawal order. Specifically for clients who deposited using a creditdebit card, no withdraw will be cleared for execution until the client has submitted a color copy of the front and back of the credit card used. In the event where the client submits a withdrawal request prior to submitting the color copies of the creditdebit card used, then the withdrawal will be placed on a 7 day pending status. If the client submits the missing document within the 7 days, then the withdrawal will be processed. If not, the complete available balance in the clients account (minus any profits) will be returned to the client (to the credit cardbank account of origin), and the account will be closed. 5. All withdrawals are subject to the discretion of the Companys Compliance Department and any suspicious transaction shall be recorded and reported accordingly. 6. For withdrawals to be executed they must also abide by the T038C for any possible trading bonuses granted. 7. To remove any doubts, all withdrawals requested by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment, provided all terms and conditions for withdrawals have been satisfied. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 8. You the client are allowed one free withdrawal each month. For every subsequent withdrawal in the same month there will be a 3030 processing charge. 9. The minimum acceptable withdrawal amount is 303030. Amounts smaller than this will be rejected automatically by the system. 10. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. 11. Clients may transfer to their account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited. 12. Payment by credit cards may be made to the Company via creditdebit cards subject to the regulations of the applicable credit cards issuers. 13. No withdrawals will be processed on days which are public holidays in Cyprus. A list of these holidays can be found at en. wikipedia. orgwikiPublicholidaysinCyprus 17. Closure of account To request the closure of their account clients must complete and submit the Account Termination Form. Having completed the form and emailed it in to the company the client should also ensure that all trades have been closed from within the trading platform, and then the client should also submit a withdrawal request for all the funds in their account. In the event that a clients account is closed by the company due to non-completion or the failing of compliance, then all the funds remaining in the clients account (minus any profits) will be returned to the source credit card bank account. The MLCO will consider further investigation under AML policies. The company reserves the right to close the account of any client who is considered to carry a risk to the future of the company and for the clients of the company. This will especially apply if the client is suspected of using alternative pricing engines tools, or even insider information, which is bringing about continuous and large losses to the company. Prior to closing a clients account, however, a full investigation is made, and the client is placed in the high-risk category. This will result in the client receiving pricing and spreads more appropriate to his continuous profits. If the client remains on the high-risk-category, which can only be the result of some kind of technical manipulation, the clients account will be closed. If the clients manipulative actions cannot be proved, the balance of their account will be withdrawn to the client, and a communication will be sent to the client explaining the reasons behind these actions. If, on the other hand, manipulation is proven, no further monies will be sent to the client, the account will be closed, a communication will be sent expla ining the companys actions, and possibly legal action will be taken against the client also. 18. Duly Authorized Persons Only the account-holders themselves are authorized to trade using their individual trading accounts. If an accountholder allows any third person access to his account to trade on his behalf, he does so at his own risk, and the company neither approves of such action, neither takes any responsibility for anyall loses incurred. 19. Recording of Telephone Conversation and Record Keeping The Company, or an authorized party on its behalf, will record every telephone conversation. 1. The Company or an authorized party on its behalf shall maintain records of all your Transactions. 2. Any of these recordsrecordings may be used by the Company for any purpose the Company sees fit (provided that this does not conflict with the risk disclosure), including the resolution of conflicts which might occur between the Parties. 3. It is hereby clarified that the said recordsrecordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in the event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, following strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating andor 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 copying of any record andor documents in accordance with the then current the Company official price list for such services. 20. Risks and Liability a) All Transactions to be carried out by you are executed 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 Collateral. b) In reading this, all clients hereby declare that they understand and accept that a fundamental pre-condition to this Agreement, relates to the Companys right to close at any time, without an advanced notice, any Transaction executed by the client, in the event that their portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts prices. The company is following strictly all EMIR reporting requirements. At the end of each trading day, confirmations of all Transactions that have been executed on that trading day will be available via the Customers online account through the System. Clients may request to receive account statements monthly or quarterly via email, by providing such a request to the Company, but the Company is not obliged to provide the Clients with hard-copy account statements. The account statement is provided at the expense of the client. 22. Commissions and fees Clients are not charged any commissions or fees by the Company for any Transaction executed unless agreed otherwise by the Parties hereto. However, any and all bank charges (concerning transfer, charges etc) will be deducted from the clients cash balance. There is also a 1010GB10 a month inactivity fee which will be charged to each client whose account is inactive for a period greater than 3 months. Activity, in this sense, is a client logging in to their trading account. The fee will be deducted directly from each clients trading account, from their available balance. To avoid this 1010GB10 inactivity charge a client must log in to their trading account at least once every three (3) months. Clients whom have never deposited money in their trading account, will not be charged an inactivity fee. Clients with less than a 1010GB10 balance in their trading account, will be charged that balance amount, thus bringing their account to zero. Suspended accounts are still liable to pay the inactivity fee, if conditions arise. Closeddisabled accounts are not charged inactivity fees. For foreign currency accounts the inactivity fee will be a direct conversion of US10, using the conversion rate of the day 23. Transactions and Trade Characteristic 1. Every Transaction shall be executed in accordance with the applicable procedures as set forth in the Best Execution Policy. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration. 2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System. 24. Stop of Trade, Inaccurate Quotes, Force Majeure 1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to unforeseen circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions clients may have (by performing a Reverse Transaction) without prior written notice being sent to the clients, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. Clients hereby waive any claims of indemnification suits causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement. 2. The Company reserves the right to cancel any Transaction which due to a System andor human error, whether under the control of the Company or not, has been executed at a price which at the time of the Transaction was not the indicative andor accurate price of that said Financial Contract created by the transaction. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 25. Intellectual property 1. This Web site belongs to Novox Capital Ltd or a third party including our licensors. This content may include names, terms andor data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party. 2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of trading in our products. 3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of Cyprus law or these T038C, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. In addition to the above, you agree not to deep-link to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Companys Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. 30. Proprietary Protection The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 You may not copy, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time. The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. The Company cautions clients to make sure they understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and client agrees that under no circumstances will they hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 33. Current and binding form Client acknowledges and agrees to the fact that the Company may update andor adjust andor amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be communicated to the client and published on the Companys Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time. Client acknowledges that the Software contains proprietary trade secrets of the Company and they hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the T038C of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such T038C. 35. Limited Warranty ANY USE BY YOU OF THE COMPANYS WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED AS IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, AS FAR AS POSSIBLE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 36. Limitation of Liability IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANYS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATESCOUNTRIES DO NOT 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The company is not responsible for any problems or technical malfunction of telephone network or lines, on any computer online systems, servers or providers, hardware, software, or failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 37. Anti Money Laundering No person shall abuse this site for the purpose of money laundering. The Company is obliged to follow the requirements as set out by the European Union, relevant domestic laws and the Regulations issued by CySEC for the prevention and suppression of money laundering activities. It is thus required by the company to obtain certain verification documents from its Customers. The Company maintains policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. The Company may request from the Customer to inform it on the origin of the money being invested. This process may require proof of certain documentation. The Company may use the Customer information in order to carry out credit, anti-money laundering and fraud prevention checks to exercise andor defend the Companys legal rights and to comply with applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. The Company reserves the right to refuse to do any business with and to reverse the transactions of Customers in accordance with the AML requirements and policies. 38. Privacy Statement The Company regards of prime importance the privacy of its Customers and protection of their personal information. The company stores and processes client information on servers where it is protected by both physical and technological security measures. The company shall not sell or rent client personal information to third parties for any purposes without clients previous explicit consent and we shall only use this information as described in our Privacy Policy. 39. Termination of Agreement a) The Company may terminate this Agreement at any time by giving the client notice to this effect. b) Clients may terminate this Agreement at any time by giving the Company a 48 hours advanced notice. c) Termination of the Agreement by any of the Parties shall require clients to close all open positions by executing the required Transactions. d) As of the date of the termination notice by clients, they may not execute any new Transactions, which shall open new positions in their accounts. 40. Investor Compensation Fund The Company being a member of the Investors Compensation Fund (the Fund) provides the Customer with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfill its obligations regardless of whether that obligation arises from a breach of applicable law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement the client has read, understood and accepted the information under the title INVESTOR COMPENSATION FUND which is published on this website, available for all to read. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any investor of EUR 20,000. 41. Conflicts of Interest a) The Company is required to have systems in place to manage conflicts of interest between the Company and its customers and between other customers. The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided it shall ensure that customers are treated fairly and at the highest level of integrity and that their interests are protected at all times. b) The Customer acknowledges and accepts that he has read and accepted the Conflicts of Interest policy of 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company, which is published on this website. a) This Agreement and T038C. including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally. b) All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto. c) Clients may not transfer this Agreement or any of their rights or obligations hereunder to any third party. d) The Company or an authorized party on its behalf may send to clients any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by clients to the Company must be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company. e) This Agreement shall be construed and enforced in accordance with, and shall be governed by the Republic of Cyprus, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of the Republic of Cyprus (the Courts) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts. f) In the event that a client wishes to make a complaint heshe must complete and submit the online complaint form. The company will respond within 48 hours. By using the services offered by the Company and by using this website the user agrees that Novox Capital Ltd. the author and any other entities associated with Novox Capital Ltd. shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc. and any other information contained in regard to its use and understanding. a) By accessing, visiting andor using this Website or any other webpage thereon, you unequivocally and unreservedly express your binding agreement to any and all of these terms. b) Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Website users, what we may do with it, and what you can do to protect your privacy. c) This policy applies to all information collected to or submitted on Website. You may be able to execute financial transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include users name, home address, e-mail address, telephone number, bank account, credit card number, etc. whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act according to the updating your information instructions therein. You hereby confirm that you aware to the fact that due to legal requirements some of your information detailed cannot be changed. d) Website may also collect other types of information, as logged by Websites servers, including your IP address, browser type and language, and the date and time of your visit, in order to infer certain user trends or to block certain users from accessing Website. Thus, Website may assign your computer one or more cookies which 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 may collect information in order to facilitate access to Website and to personalize your online experience, and or use standard or non-standard internet tools, such as web beacons or monitoring programs, which collect information that tracks your use of Website and enables it to customize our services and promotions. e) Personal information given to us by you shall not be disclosed to any third party without your prior consent, unless such information: (i) is required to be disclosed to related companies of ours (ii) was publicly known to us andor made generally available in the public domain prior to the time of disclosure by you (iii) becomes publicly known and made generally available after disclosure by you to us through no action or inaction of us (iv) is required to be disclosed by law or regulation, in which case we shall give the you as much advance notice of the proposed disclosure as is practical (including a copy of any written request or order)in order to allow you to limit or restrict such disclosure (v) is furnished or made known to us by a third party otherwise than in breach of any of our confidentiality obligation hereunder is independently developed by us without reference to the information disclosed by you or was known to us, without restriction, at the time of disclosure by you , as shall be shown and evidenced by written documents or (vii) is required to be disclosed in order for us to protect our rights. f) In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. g) In order to protect child privacy, we never knowingly collect or maintain information from users under 18 no part of our website is structured to attract anyone under 18. h) If you so wish, you may choose and ask not to receive emails andor newsletters from the Website, andor delete or decline cookies by changing your browser settings. i) This privacy policy may be changed from time to time. We reserve the right, at any time, to amend, alter, modify or change, as we see fit, any term of this Privacy Policy our without any prior notice, and you hereby agree to conform to the current version as published in this site. Privacy Policy
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