The term "The Company" shall denote SmartGoldenFx; an Online Binary Options Trading Company, as these are defined throughout this Agreement, through its electronic system over the Internet (hereafter the "Trading Platforms").
These Terms and Conditions may be supplemented from time to time by Supplementary Terms and Conditions applicable to a particular Company or products.
The financial trading services contained within this site are only suitable for Clients who are able to bear the loss of all the money they invest and who understand and have experience of the risks involved in the acquisition of financial contracts. International currency, stock index or commodity prices are highly volatile and very difficult to predict. Due to such volatility, plus the bias in the pricing system favouring the website (as described in more detail below), no financial contract purchased in our system (whether or not the payout exceeds the premium amount) can be considered a safe contract. The maximum loss that may be incurred by any Client is the amount of money paid by oneself to the Company. The Company reserves the right in its sole discretion to refuse and/or cancel services, charge deposit and/or withdrawal fees to anyone for any reasons including, but not limited to:
The primary communication language of this platform shall be in English. You may communicate with us by email, or other electronic means that is (will be)
available on the platform and you will receive documents and other information from us in English. However, we will endeavor to communicate with you in other
languages where appropriate.
The Company monitors your communications to evaluate the quality of service you receive, your compliance with this Terms and Conditions, the security of the platform, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which the Company monitors your communications.
Services are available and reserved only for individuals or legal entities that have established a legally binding contract under the laws applicable in their country of residence.
The above being stated, our services are not available to persons/individuals under the age of 18 or otherwise under legal age ("Minors"). To this end, you may not use our services
and we disclaim any liability for unauthorized use by Minors in any way.
Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illegal and the Company reserves the right to refuse and/or cancel access to its Services to anyone at its sole convenience. For avoidance of doubt, the ability to access our website does not necessarily mean that our services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
"Account" - means the personal trading account the Client maintains with the Company and designated with a particular account number.
"Access Credentials" - means the username and password given by the Company to the Client for accessing the Company’s platform.
"Agreement" - means these Terms and Conditions for the Services offered by the Company.
"Balance" - means the sum held on behalf of the Client on its Client Account within any period of time.
"Business Day" - means a day which is not a Saturday or a Sunday or a public holiday or any other holiday to be announced by the Company on its platform.
"Company's Website/Platform" - means exclusively the following website SmartGoldenFx.com
"Execution" - means the execution of clients’ orders on the Company’s trading platform, where the Company acts as an Agent to Clients’ transactions.
"Financial Market" - means international financial markets in which financial instruments exchange rates are determined in multi-party trade.
"Financial Instruments" - means any of the financial instruments offered by the Company and which are defined as such under applicable Law or Regulation. According to the Company’s license these are:
You state, confirm and guarantee that any funds handed to the Company for trading purposes, belong exclusively to you and are free of any lien, charge, pledge or any other burden. Further, whatever funds handed over to the Company by you are not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity.
You act for yourself and not as a representative or a trustee of any third person, unless you have produced, to the satisfaction of the Company, a document and/or powers of attorney enabling you to act as representative and/or trustee of any third person.
You agree and understand that in the event that the Company has such proofs that are adequate to indicate that certain amounts, as classified above, received by you are proceeds from illegal acts or products of any criminal activity and/or belonging to a third party, the Company reserves the right to refund these amounts to the sender, either this being you or a beneficial owner of a legal entity. Furthermore, you also agree and understand that the Company may reverse any Transactions performed in your Trading Account and may terminate this agreement. The Company reserves the right to take any legal action against you to cover and indemnify itself upon such an event and may claim any damages caused to the Company by you as a result of such an event.
You declare that you are over 18 (eighteen) years old, in case of regular person, or that you have full legal capacity, in case of legal person, to enter into this Agreement.
You understand and accept that all transactions in relation to trade in any of the Financial Instruments, will be performed only through the Trading Platforms provided by the Company and the Financial Instruments are not transferable to any other Trading Platform whatsoever.
You guarantee the authenticity and validity of any document handed over by the Client to the Company. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction.
No person shall abuse this site for the purpose of money laundering. The Company employs best-practice anti-money laundering procedures. All transactions are checked to prevent money laundering which may have several effects on Clients. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, Clients who do not accept or adhere to these anti-money laundering processes. Acceptable funds should not originate from criminal activity. The Company is bound to report suspicious transactions to relevant authorities.
The Company reserves the right to suspend the operation of this site or sections thereof under the following circumstances:
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.
The Company will provide you with Access Codes for gaining online access to the Company’swebsite and/or trading platforms, thereby being able toplace orders for any Financial Instrument available from the Company and entering into Transactions with the Company. Further, you will be able to trade on the Company’s Trading Platforms with and through the Company with the use of a personal computer, smartphone or any other similardevice that is connected to the internet. In this respect, you understand that the Company can, at its absolute discretion, terminate your access to the Company’s systems in order to protect both the Company’s and your interests and to ensure the systems’ effectiveness and efficiency.
You agree that you will keep theAccess Codes in a safe place chosen in your discretion and will not reveal them to any otherperson. You will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the Trading Platforms.
You agree not to attempt to abuse the Trading Platforms in an attempt to make illegal profits or to attempt to profit bytaking advantage of the server latency, or applying practices such as price manipulation, lag trading, time manipulation.
You are responsible for all acts or omissions that occur within the Website through the use of your registration information. If you believe that someone has used or is using your registration information, user name or password to access any Service without your authorization, you should notifythe Company immediately. You must make every effort possible to keep the Access Codes secret and known only to you and you will be liable of any Orders received by the Company through your trading Account under your Access Codes. Further, any Orders received by the Company will be considered as received from you. In cases where a third person is assigned as an authorized representative to acton behalf of you, you will be responsible for all Orders given through and under the representative’s Account Password.
You are responsible to monitor your Account and to notify the Company immediately if it comes to your attention that your Access Codes are lost or being used by an unauthorized third party. Also, you agree to immediately notify the Company should you become aware of any failure by you to receive a message indicating the reception and/or execution of an Order.
You acknowledge that the Company may choose not to take action based on Orders transmitted to the Company using electronic means other than those Orders transmitted to the Company using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such Orders.
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.
Any withdrawal of the available Collateral, whether partial or total, including any accrued profits (but not future profits) – shall be executed by you in writing, with a prior notice to the Company of at least seven business days.
You may transfer to your 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.
You shall pay our charges as agreed with you from time to time, any fees or other charges imposed by a clearing organization and interest on any amount due to us at the rates then charged by us. Any alteration to charges will be notified to you before the time of the change.
The exact fee will be based on the currency denomination of the Client Account. Relevant fees and charges are as such;
In case of any value added tax or any other tax obligations that arise in relation to a transaction performed on behalf of you or any other action performed under this agreement for you, the amount incurred is fully payable by you and in this respect you must pay the Company immediately when so requested and the Company is fully entitled to debit the account of you with the outstanding amount to be settled (excluding taxes payable by the Company in relation to Company’s income or profits).
It shall be noted that the due to market conditions and fluctuations, the value of Financial Instruments may increase or decrease, or may even be reduced to zero. Regardless of the information the Company may provide to you, you agree and acknowledges the possibility of these cases occurring.
You are aware and acknowledge that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of Financial Instruments) through the Company and the Company’s Trading Platform and accepts that you are willing to undertake this risk upon entering into this business relationship.
The maximum loss that may be incurred by any customer is the amount of money paid by them to the Company including rolling fees for day trade deals.
Each financial contract purchased by a customer via the Company’s website is an individual Agreement made between that customer and the Company, and is not transferable, negotiable or assignable to or with any third party.
The Company will never disclose any private or otherwise confidential information in regards to our clients and former clients to third parties without the express, written consent of our clients, except in such specific cases in which disclosure is a requirement under law, or is otherwise necessary in order to perform verification analysis on the client’s identity for the purposes of safeguarding their account and securing their personal information.
The Company will handle all of your personal data according to the relevant Laws and Regulations for the protection of Personal Data.
The Company reserves the right to specify any other way of communication with you.