Terms of Use

Bletilla Limited

 

This client agreement, together with any schedule(s) and accompanying documents, as amended from time to time (hereafter the “Agreement”) sets out the terms of the contract between you and us. By signing this agreement, it is assured that you understand and agree with the terms of this agreement.

 

INTRODUCTION – ABOUT US

 

Bletilla Limited (incorporated on March 13, 2016) is a Binary Options trading Company incorporated in Majuro, Marshall Islands, via its website found at https://dynamicoption.com, through its electronic system over the Internet (hereafter the “Trading Platforms”).

 

The trading address of Bletilla Limited is situated at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960. The Company will provide investment services (hereafter the “Services”) strictly under the Terms of Use defined throughout the Agreement.

 

We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time, and we will notify you of any such amendment, modification or change by publishing the new version of this Agreement on the relevant page of our Internet sites. Any modified version of this Agreement will take effect 10 days after its publication on the Internet Site and your continued use of the Services or the Software after the aforementioned 10 days will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct and current terms and conditions of this Agreement and we advise you to check for updates on a regular basis.

 

ONLINE SERVICES AGREEMENT

 

This Agreement applies to both the Bletilla Limited website and the trading platforms, as well as to the electronic content and/or software currently present on the website that supplies customers with real time information and any other features, content or services that the Company may add in the future.

 

The customer has read and accepted all the information presented in the Company’s website, which is available to the public. It is noted that the Company may operate other websites apart from the main website mentioned above and which may contain information concerning the Company, its services and the legal framework to which the Company is bound, in different languages other than the English language.

The Services provided by the Company are defined as follows: “Enabling the Company’s customers to use the trading platform in order to place trades according to each client’s sole discretion. The Company is not obliged in any way to provide any further services beyond the aforementioned. Nevertheless, every service provided by the Company beyond the aforementioned will be provided according to the Company’s sole discretion”.

 

 

 

ELIGIBILITY

 

Our services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our services are not available to persons under the age of 18 or otherwise under the legal age (“Minors”). If you are a minor, you may not use this service. For avoidance of doubt, we shall not be responsible for any unauthorised use by minors of our services in any way or manner.

 

Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via the Company’s website and have done so without relying on any information contained in the Company’s website. The offering of binary options on various underlying financial and other assets may not be legal in some jurisdictions. 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. Our services are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion. 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.

 

COMMUNICATION WITH US

 

You may communicate with us in writing, by email or other electronic means, or orally (including by telephone). The language of communication shall be English and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavour to communicate with you in other languages. Our website contains further details about us and our services, and other information relevant to this Agreement. By accepting and agreeing to the Terms of Use and further opening an account with the Company, the customer accepts the following terms and conditions;

 

The Company is free to use any idea, concept, know-how, technique or information contained in your communications for any purpose including, but not limited to, developing and marketing products. The Company monitors your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the website, or 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.

 

DEFINITIONS – INTEPRETATION

 

“Account” – the personal trading account the customer maintains with the Company and designated with a particular account number.

“Access Codes” – the username and password given by the Company to the customer for accessing the Company’s electronic systems.

“Agreement” – these Terms of Use for the services offered by the Company.

“Balance” – the sum held on behalf of the customer on its customer account within any period of time.

“Base Currency” – the first currency in a currency pair.

“Business Day” – a day which is not a Saturday a Sunday or a public holiday in the Marshall Islands or any other holiday to be announced by the Company on its website.

“Company’s website” – the following websites is https://dynamicoption.com.

“Operating (Trading) Time of the Company” – period of time within a business week, where the trading terminal of the Company provides the opportunity of trading operations. The Company reserves the right to alter this period of time as fit, upon notification to the customer.

“Services” – the investment services which will be provided by the Company to the customers and are governed by this Agreement, as these are described in Paragraph 3 of this Agreement.

“Transaction” – any type of transaction subject to this Agreement effected in the customer’s trading account(s), including but not limited to deposit, withdrawal, open trades, closed trades and any other transaction of any financial instrument.

 

In this Agreement, all the words that denote only the singular number will also comprise the plural, wherever the aforementioned definitions apply and vice versa, and the words that denote natural persons will comprise legal persons and vice versa. Words denoting any gender include all the genders and whenever reference is made to the terms “Paragraphs”, “Sections” and “Appendices” it concerns paragraphs, sections and appendices of this Agreement.

 

The headings of the sections are only used for facilitating the reference and they do not affect their interpretation. References to any law or regulation will be considered to comprise references to that law or regulation as this can be altered or replaced from time to time or, similarly, to be extended, re-enacted or amended.

 

ACCOUNT OPENING INFORMATION AND REQUIREMENTS

 

When you register for the services, the Company will ask you to provide certain identifying information (“Account opening”).

 

  1. You agree to provide true, accurate, current and complete information about yourself during the registration process, and you also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from the Company.
  2.  

  3. During the registration process you will be provided with a user name and password that will be used by you every time you access the website to use the service. For your protection and that of other website users, you should not share your registration information with another person or business entity for all purpose, including, but not limited to, facilitating access and unauthorised use of the service. If you believe that someone has used or is using your registration information, user name or password to access any service without your authorisation, you should notify our Customer Support immediately.
  4.  

  5. If you are registering as a legal entity, you hereby declare that you have the authority to bind that entity to this Agreement. The Company will treat with care the information you entrust to the Company, in accordance with the disclosures it provides during the registration process and in its Privacy Policy.
  6.  

  7. You assume all responsibility in relation to any investment strategy, transaction or investment, tax costs, and for any consequences brought by from any transaction that you perform and the Company shall not be held responsible, nor you shall rely on the Company for the aforementioned.
  8.  

  9. When you open an account, we ask that you provide your name, address, date of birth and other information that will allow us to identify you. The Company reserves the right to ask for additional identification documents, if deemed necessary.
  10.  

  11. When you register with the Company you acknowledge your willingness to share with the Company certain private information which it uses for the purpose of confirming your identity. This information is collected in line with our stringent verification procedures which are used to deter international money laundering operations and to ensure the security and safety of our customer’s trading activity throughout.
  12.  

  13. Our customers are required to state categorically that they register and trade on their own behalf and are not seeking at any time to act in any manner which could be considered fraudulent nor are they seeking to impersonate any other individuals for any purpose whatsoever.
  14.  

  15. By registering with the Company and through the voluntary interaction they undertake with the Company’s products and services, the customer confirms and agrees that he consent to the use of all or part of the information supplied concerning the trading account, the transactions undertaken with it and the interactions performed with the Company or on behalf of the Company. All interactions the customer undertakes with the Company will be stored by the Company for the purposes of record keeping, as required by the law, and may be employed by the Company in cases that disputes arise between customers and the Company and any other competent authority.

 

From time to time the Company may contact clients whether by phone or email or by any form of communication means for the purpose of offering them further information about the Company, binary options trading or financial market trading. In addition the Company may, on occasion, seek to contact clients, whether by phone or by email, for the purpose of informing them of unique promotional offerings provided by the Company.

 

Where the Company provides general trading recommendations, market commentary or other information in its newsletters and/or website;

  1. this is incidental to a customer dealing relationship with the Company. It is provided solely to enable the customer to make their own investment decisions and should not be regarded as investment advice.
  2. If the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, the customer agrees that he/she will not pass it on to any such person or category of persons.
  3. The Company gives no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the tax consequences of any transaction.
  4. The customer accepts that prior to its dispatch, the Company may have acted upon it for its own account or made use of the information on which it is based. The Company does not make representations as to the time of receipt by the customer and cannot guarantee that the customer will receive such information at the same time as other clients. Any published research reports or recommendations may appear in one or more screen information service(s).

 

The Company will act in the capacity of a principal and not as an agent on customer’s behalf and in this respect, the customer enters into this Agreement as a principal and not as an agent on behalf of another person either legal or natural.

 

The Company’s operating hours are from 22:00 GMT on Sunday to 21:00 GMT on Friday, excluding official holidays in the Marshall Islands. The Company reserves the right to suspend or modify the operating hours on its own discretion and on such event its websites will be updated without delay in order for the customer to be informed accordingly.

 

The Company has the right to refuse the provision of any investment and/or ancillary service to the customer, at any time, without being obliged to inform the customer of the reasons why, in order to protect the lawful interests of both the customer and the Company.

 

The Company may, at its sole discretion, arrange for any transaction to be effected with or through the agency of an intermediate broker, who may be an associate of the Company, and may not be in the Marshall Islands. Neither the Company nor its respective director, officers, employees or agents will be held liable to the customer for any act or omission of an intermediate broker or agent. No responsibility will be accepted for intermediate brokers or agents selected by the customer.

 

GUARANTEES ON BEHALF OF THE CUSTOMER

 

The customer states, confirms and guarantees that any funds handed to the Company for trading purposes, belong exclusively to the customer and are free of any lien, charge, pledge or any other burden. Further, whatever funds handed over to the Company by the customer are not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity.

 

The customer acts for himself and not as a representative or a trustee of any third person, unless he has produced, to the satisfaction of the Company, a document and/or powers of attorney enabling him to act as representative and/or trustee of any third person.

 

The customer agrees and understands that in the event that the Company has such proof that is adequate to indicate that certain amounts, as classified above, received by the customer 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 the customer or a beneficial owner. Furthermore, the customer also agrees and understands that the Company may reverse any transactions performed in the customer’s trading account and may terminate this agreement. The Company reserves the right to take any legal action against the customer to cover and indemnify itself upon such an event and may claim any damages caused to the Company by the customer as a result of such an event.

 

The customer declares that he/she is over 18 (eighteen) years old, in case of natural person, or that it has full legal capacity, in case of legal person, to enter into this Agreement.

The customer understands and accepts 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.

The customer guarantees the authenticity and validity of any document handed over by the customer to the Company.

 

ELECTRONIC TRADING

 

Upon accepting and signing this Agreement, the customer is entitled to apply for access codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions to either buy or sell any Financial Instrument available from the Company. Further, the customer 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 similar device that is connected to the internet. In this respect, the customer understands that the Company can, at its absolute discretion, terminate the customer’s access to the Company’s systems in order to protect both the Company’s and customers’ interests and to ensure the systems’ effectiveness and efficiency.

 

The customer agrees that he/she will keep the access codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The customer will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorised access or use of the trading platforms.

 

The customer agrees not to attempt to abuse the trading platforms in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency, or applying practices such as price manipulation, lag trading, time manipulation.

 

The customer is responsible for all acts or omissions that occur within the websites through the use of his/her registration information. If the customer believes that someone has used or is using his/her registration information, user name or password to access any service without the customer’s authorisation, the customer should notify our Customer Support immediately. The customer will make every effort possible to keep the access codes secret and known only to him and will be liable of any orders received by the Company through his trading account with the access codes. Further, any orders received by the Company will be considered as received from the customer. In cases where a third person is assigned as an authorised representative to act on behalf of the customer, the customer will be responsible for all orders given through and under the representative’s account password.

 

The customer agrees to immediately notify the Company should he become aware of any failure by the customer to receive a message indicating the reception and/or execution of an order, the accurate confirmation of an execution, any information for customer’s account balances, positions or transactions history as well as in case the customer receives confirmation of an order that he did not place.

 

The customer acknowledges 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 customer for failing to take action based on such orders.

 

The customer agrees to use software programs developed by third parties, including but not limited to, the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the customer agrees to follow the access procedure (Login) of the Company that supports such protocols.

 

The Company will not be held responsible in the event of unauthorised access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the customer and the Company and/or any other party using the Internet or other network or electronic mean available.

 

The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the customer wishes to place an order, then the alternative means of communications/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/ customer’s identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. The Company further reserves the right to ask the customer to give instructions regarding the customer’s transactions by other means that it deems appropriate.

 

The Company shall have no liability for any potential damage the customer may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The customer acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the customer to suspend access to electronic systems / trading platforms for this reason.

 

The Company has the right, unilaterally and with immediate effect, to suspend or withdraw permanently customer’s ability to use any electronic service, or any part thereof, without notice, where the Company considers it necessary or advisable to do so, for example due to customer’s breach of any provisions of this Agreement, on the occurrence of an event of default, network problems, failure of power supply, for maintenance, or to protect the customer when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service, or this Agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any market or the Company is required to withdraw the facility to comply with applicable regulations. The customer remains fully liable for any and all positions traded on his/her account, and for any credit card transactions entered into the site for the customer’s account. The customer agrees to indemnify the Company fully in respect to all costs and losses whatsoever as may be incurred by the Company as a result, direct or indirect, of the customer’s failure to perform or settle such a transaction. The customer further agrees that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the “mispricing”) due to an undetected programming error, bug, defect, error or glitch in the Company’s website software or any other reason resulting in mispricing (for the purpose of this section the “error”), the Company reserves the right to cancel such transactions upon notifying the customer of the nature of the computer error that led to the mispricing. The Company may, at its sole discretion, impose volume or other limits on customer accounts. Contract pay-outs shall be determined by the Company by reference to the daily values reported on this website relevant to the inter-bank trading data received by the Company for all options, subject to the proviso that the Company shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.

 

ORDERS – INSTRUCTIONS AND BASIS OF DEALINGS

 

  • Reception and Execution of Transactions

 

The Company may, in certain circumstances, accept instructions, by telephone, via the Company’s Dealing Room, provided that the Company is satisfied, at its full discretion, of the customer’s identity and the Company is also satisfied with the clarity of instructions. In case of an order received by the Company in any means other than through the trading platform, the order will be transmitted by the Company to the trading platform and processed as if it was received through the trading platform. It is understood that an order will not be affected until it is actually considered received by the Company. It is noted that in this Agreement, instructions and orders have the same meaning.

 

In the event that the Company wishes to confirm in any manner any instructions and/or orders and/or communications sent through the telephone, it reserves the right to do so. The customer accepts that there is a risk of misinterpretation or mistakes in the instructions or orders sent through the telephone, regardless of what caused them, including, among others, technical failures.

 

Once the customer’s instructions or orders are received by the Company, they cannot be revoked, except with the Company’s written consent which may be given at the Company’s sole and absolute discretion. The Company reserves its right not to accept customer’s orders, in its absolute discretion, and in such a case the Company shall not be obliged to give a reason but it shall promptly notify the customer accordingly.

 

The customer places his market request at the prices he sees on his terminal/platform and the execution process is initiated. Due to the high volatility of the market as well as the internet connectivity between the customer terminal and the server, the prices requested by the customer and the current market price may change, during this process. The customer has the right to use a Power of Attorney to authorise a third person (representative) to act on behalf of the customer in all business relationships with the Company. The Power of Attorney should be provided to the Company accompanied by all identification documents of the representative. If there is no expiry date, the Power of Attorney will be considered valid until the written termination by the customer.

 

The Company uses its reasonable endeavours to execute any order promptly, but in accepting the customer’s orders, the Company does not represent or warrant that it will be possible to execute such order or that execution will be possible according to the customer’s instructions. In case the Company encounters any material difficulty in carrying out an order on customer’s behalf, for example in case the market is closed and/or due to illiquidity in financial instruments and other market conditions, the Company shall promptly notify the customer. The customer agrees that the Company may execute an order on customer’s behalf outside a regulated market and that the Company’s order execution policy will not apply when the customer places a specific instruction.

 

Orders can be placed, executed, changed or removed only within the operating (trading) time and shall remain effective through the next trading session. The customer’s order shall be valid and in accordance with the type and time of the given order, as specified. If the time of validity of the order is not specified, it shall be valid for an indefinite period. The Company shall record telephone conversations, without any prior warning (unless required to do so by applicable regulations), to ensure that the material terms of a transaction and/or order placed by the customer and/or any other material information relating to a transaction are properly recorded. Such records will be the Company’s property and will be accepted by the customer as evidence of his orders or instructions. The Company may use recordings and/or transcripts thereof for any purpose which it deems desirable. The Company may require the customer to limit the number of open positions which the customer may have with the Company at any time and the Company may, in its sole discretion, close out any one or more transactions in order to ensure that such position limits are maintained. The position limits will be notified in advance to the customer either through the Company’s website or trading platforms. If any underlying asset of the Financial Instrument becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to withdraw the specific Financial Instrument from the Company’s trading platform. The Company has the right to set control limits in relation to customer’s orders at its own and absolute discretion. Such limits may be amended, removed or added and may include without limitation:

 

  1. controls over maximum order amount and size;
  2. controls over the electronic systems and/or trading platforms to verify for example the customer’s identity during the receipt of the order; or
  3. any other limits, parameters or controls which the Company may deem required to be implemented in accordance with applicable regulations.

 

There may be restrictions on the number of transactions that the customer can enter into on any one day and also in terms of the total value of those transactions when using an electronic service. The customer acknowledges that some markets place restrictions on the types of orders that can be directly transmitted to their electronic trading systems. These types of orders are sometimes described as synthetic orders. The transmission of synthetic orders to the market is dependent upon the accurate and timely receipt of prices or quotes from the relevant market or market data provider. The customer acknowledges that a market may cancel a synthetic order when upgrading its systems, trading screens may drop the record of such an order, and the customer enters such orders at his own risk. The customer shall refer to the Company’s website for details of the restrictions / limits imposed on transactions performed through its electronic systems and/or trading platforms.

 

In case where the customer has any open positions on the ex-dividend day for any of the underlying assets of the financial instrument, the Company has the right to close such positions at the last price of the previous trading day and open the equivalent volume of the underlying financial instrument at the first available price on the ex-dividend day. In this case, the Company will inform the customer via the internal mail of the said adjustment and no customer consent will be required.

 

  • Confirmations

 

Confirmations for all transactions that have been executed in the customer’s trading account on a trading day will be available via the customer’s online account through the trading platform as soon as the transaction is executed. It is the customer’s responsibility to notify the Company if any confirmations are incorrect. Confirmations shall, in the absence of manifest error, be conclusive and binding on the customer, unless the customer places his/her objection in writing within five (5) Business Days. The customer might request to receive the account statement monthly or quarterly via email, by providing such a request to the Customer Support department, but the Company is not obliged to provide the customer with the paper account statement. The account statement is provided at the expense of the client.

 

  • Authorisation of third person to give instructions on behalf of a customer

 

The customer has the right to authorise a third person to give instructions and/or orders to the Company or to handle any other matters related to this Agreement, provided that the customer has notified the Company in writing that such a right shall be exercised by a third party and that this person is validated by the Company and fulfils all of Company’s conditions to allow this.

 

In case the customer has authorised a third person as mentioned in above, it is agreed that in the event that the customer wishes to terminate the authorisation, it is the customer’s full responsibility to notify the Company of such decision in writing. In any other case, the Company will assume that the authorisation is still ongoing and will continue accepting instructions and/or orders given by the authorised person on behalf of the customer.

 

PRICING

 

The Company will quote prices at which it is prepared to deal with the customer, save where:

(a) The Company exercises any of its rights to close out a transaction; or

(b) a transaction closes automatically.

 

It is the customer’s responsibility to decide whether or not he wishes to deal at the price quoted by the Company. Company’s prices are determined by the Company in the manner set out in the enclosed terms.

 

Each price shall be effective and may be used in a dealing instruction prior to the earlier expiration time and the time at which it is otherwise withdrawn by the Company. A price may not be used in a dealing instruction after such time. Each price shall be available for use in a dealing instruction for a transaction with a principal amount, not to exceed a maximum determined by the Company. The customer acknowledges that these prices and maximum amounts may differ from prices and maximum amounts provided to other customers of the Company and may be withdrawn or changed without notice. The Company may, in its sole discretion and without prior notice to the customer, immediately cease the provision of prices in some or all currency pairs and for some or all value dates at any time. When the Company quotes a price, market conditions may move between Company’s sending of the quote and the time the customer’s order is executed. Such movement may be in the customer’s favour or against it. Prices that may be quoted and/or traded upon, from time to time, by other market makers or third parties shall not apply to trades between the Company and the customer.

 

REFUSAL TO EXECUTE ORDERS

 

The Company has the right, at any time and for any reason and without giving any notice and/or explanation, to refuse, at its discretion, to execute any order, including, without limitation, in the following cases:

  1. If the Company has adequate reasons to suspect that the execution of an order is part of an attempt to manipulate the market, trading in inside information, relates to money laundering activities or if it can potentially affect in any manner the reliability, efficiency, or smooth operation of the trading platform.
  2. If the customer does not have sufficient available funds deposited with the Company or in his bank account to pay the purchase price of an order, necessary to carry out the transaction in the trading platform. In the event that the Company does refuse to execute an order, such refusal will not affect any obligation which the customer may have towards the Company or any right which the Company may have against the customer or his assets.
  3. If the order is a result of the use of inside confidential information (insider trading).

 

It is understood that any refusal by the Company to execute any order shall not affect any obligation which the customer may have towards the Company or any right which the Company may have against the customer or his assets.

The customer declares that he shall not knowingly give any order or instruction to the Company that might instigate the Company taking action in accordance with the above.

 

CANCELLATION OF TRANSACTIONS

 

The Company has the right to cancel a transaction if it has adequate reasons / evidence to believe that one of the following has incurred:

 

  1. Fraud / illegal actions led to the transaction;
  2. Orders placed on prices that have been displayed as a result of system errors or systems malfunctions either of those of the Company or of its third party service providers;
  3. The Company has not acted upon customer’s instructions;
  4. The transaction has been performed in violation to the provisions of this Agreement;
  5. The Company reserves the right to cancel executed trades if the trade cancellation feature is abused. An acceptable rate of cancellation is 2 cancelled trades per executed trade. A rate of cancellation higher than 2 cancelled trades per executed trade will be considered abuse of the cancellation feature.

 

The Company offers customers the ability to cancel trades within 3 seconds of opening the position, if they find the position to be undesirable.

 

SETTLEMENT OF TRANSACTIONS

 

The Company shall proceed to a settlement of all transactions upon execution of such transactions.

Acquisition of a financial contract is completed when the financial contract has been customised, the premium (or the margin, as the case may be) has been calculated and payment has been verified.

 

The customer agrees to be fully and personally liable for the due settlement of every transaction entered into under their account with the Company. Further to the provisions of paragraph of this Agreement, a statement of account will be provided by the Company via the trading platform to the customer once a year. Any confirmation or proof for any act or statement of account or certification issued by the Company in relation to any transaction or other matter shall be final and binding, unless the customer has any objection in relation to such statements certification, and the said objection is communicated in writing and received by the Company within five (5) working days from the receipt or the deemed date of receipt of any statement of account or certification.

 

In the case where the customer is able to have an online statement for his account on a continuous basis, then the Company is considered as having fulfilled its obligations, and any objections of the customer shall be valid only if received by the Company in writing within two (2) working days from the transaction under objection.

 

CLIENTS FUNDS

 

Funds belonging to the customer that will be used for trading purposes will be kept in an account 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 customer’s name and/or the Company’s name. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.

 

Upon signing the Agreement, the customer authorises the Company to make any deposits and withdrawals from the bank account on his behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the customer to the Company or any other person.

 

It is commonly understood that any amount payable by the Company to the customer, shall be paid directly to the customer to a bank account in which the beneficial owner is the customer. Fund transfer requests are processed by the Company within the time period specified on the Company’s official website and the time needed for crediting into the customer’s personal account will depend on the customer’s bank account provider.

 

The Company retains a right of offset and may, at its discretion, from time to time and without the customer’s authorisation, offset any amounts held on behalf and/or to the credit of the customer against the customer’s obligation to the Company. Unless otherwise agreed in writing by the Company and the customer, this Agreement shall not give rise to rights of credit facilities.

 

The customer has the right to withdraw the funds which are not used for margin covering, free from any obligations from his account without closing said account.

 

The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation or details of the customer.

 

It is within the customer’s rights that any incurring bank fees will be paid by him in case of fund withdrawals from his trading account to his designated bank account. The customer is fully responsible for the payment details that he has provided to the Company and the Company accepts no responsibility if the customer has provided false or inaccurate bank details.

 

The customer agrees that any amounts sent by the customer in the bank accounts will be deposited to the customer’s trading account at the value date of the payment received and net of any charges / fees charged by the bank account providers or any other intermediary involved in such transaction processes. In order for the Company to accept any deposits by the customer, the identification of the sender must by verified and ensure that the person depositing the funds is the customer. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor. The clearing and billing support is done by Bloomeria Services Ltd., 57, Rathbone Place, London W1T 1JU, England.

 

Withdrawals should be made using the same method used by the customer to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the customer needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the customer’s trading account.

 

In the event that any amount received in the bank accounts is reversed by the bank account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the customer’s trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of the customer’s trading account(s).

 

The customer agrees to waive any of his rights to receive any interest earned in the funds held in the bank account where customer’s funds are kept.

 

The customer shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorism financing, on the payment document. It is the Company’s policy not to accept payments from third parties to be credited to the customer’s account unless a written consent is provided.

 

The Company has the right to refuse a customer’s transferred funds in any of the following cases:

 

  1. if the funds are transferred by a third party;
  2. if the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorised person;
  3. if the transfer violates Marshall Islands legislation.

 

In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the customer will suffer the relevant customer’s bank account provider charges.

 

Customer fund transfer requests will be performed from the Company’s customer portal located on its official website. The Company shall take every effort to notify customers prior to any fund transfer request, of all charges, fees and costs for the said fund transfer.

 

The customer acknowledges that in case where a customer’s bank account is frozen for any given period and for any given reason the Company assumes no responsibility and customer’s funds will also be frozen. Furthermore, the customer acknowledges that he has read and understood the additional information provided on each payment method available on the Company’s customer portal. The provision of documentation or any other type of customer authentication as may be required from time to time by Anti Money Laundering (AML) regulations, credit card companies and the Company is a prerequisite, prior to the execution of a withdrawal order.

 

Withdrawal of credit card deposits:

 

Credit card deposits may be, according to credit card companies’ regulations, returned to the same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to the credit card or to the bank account, at the Company’s discretion. Withdrawals to bank account may take a longer, due to additional security procedures and documentation needed from the customer. The Company accepts withdrawal requests of at least $25 for wire transactions. Credit card transactions do not have a minimum amount. Credit card deposits- When choosing an account base currency other than USD and EUR, the customer’s credit card may be debited sums which due to exchange rates and credit card companies’ fees, may slightly vary from the initial sum that has been deposited by the customer in the account base currency.

 

The customer hereby accepts that such variations may occur and he/she hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency, these phenomena will be avoided. Wire Transfers- When depositing by a bank transfer, and in accordance with anti-money-laundering regulations, the customer is required to use only one bank account, which is in his/her country of residence and in his/her name. An authentic SWIFT confirmation or transfer confirmation, showing the origin of the funds, must be sent to the Company. Failure to submit such SWIFT/Confirmation may result in the return of the deposited amount, hence preventing the deposit of these amounts to the customer’s trading account. Any withdrawal of funds from the customer’s trading account to a bank account can only be refunded to the same bank account that the funds were originally received from.

 

DORMANT ACCOUNT PROCEDURE

 

Customer accounts in which there have been no transactions (trading / withdrawals / deposits), for a set period of 6 months, will be considered by the Company as being dormant accounts. Dormant accounts will be charged an annual maintenance fee of US$25 or the full amount of the free balance in the account if the free balance is less than US$25. There will be no charge if the free balance is zero. Consequently, all accounts with a zero free balance will be closed.

 

COMPANY’S FEES

 

The Company is entitled to receive fees from the customer for its services provided, as described in the Agreement, as well as compensation for the expenses it will incur for the obligations it will undertake during the provision of the said services. The Company reserves the right to modify, from time to time, the size, amounts and the percentage rates of its fees, while providing the customer with a respective notification of such changes accordingly. Notification is made via the Company’s website.

 

  • Irregular Withdrawal:

 

Please note that the refund amount of an irregular withdrawal calculation reflects the customer’s trading achievement in a proportional manner between the customer’s deposited funds and the bonus funds received from the Company, all to the best interest and benefit of the customer.

 

For illustration purposes:

Assuming that the customer deposited €1,000 and received a bonus for the amount of additional €1,000, meaning the total capital was €2000.

Therefore, the percentage of the deposited funds out of the total capital is 50%.

Following the above, the customer’s profit was €500.

Meaning, the customer’s current total capital after accumulating his profits was at the amount of €2,500.

In this case, the customer will be able to withdraw €1,250 which reflects 50% ratio of the customer’s current total capital and vice versa in the event of losses.

 

  • Handling Fee:

 

The Company reserves its right to impose 10% handling fee in extremely severe cases of breach of the Company’s Terms of Use such as fraud and/or manipulations and/or unjustified chargebacks done by customers and all in accordance with the Company’s sole discretion.

 

In case of any value added tax or any other tax obligations that arise in relation to a transaction performed on behalf of the customer or any other action performed under this agreement for the customer, the amount incurred is fully payable by the customer and in this respect, the customer must pay the Company immediately when so requested, and the Company is fully entitled to debit the account of the customer with the outstanding amount to be settled (excluding taxes payable by the Company in relation to Company’s income or profits). You understand and agree that, in general, the Company does not collect tax on behalf of any authority in any form or manner.

 

Without limiting the foregoing, it is the customer’s obligation alone to calculate and pay all taxes applicable to him/her in his/her country of residence, or otherwise arising as a result of his/her trading activity from the use of the Company’s services. Without derogating from his/her sole and entire responsibility to perform tax payments, the customer agrees that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company. The customer understands that amounts that may be withdrawn by him/her from his/her account are “gross amounts”, from which the Company may deduct such taxes, and that you shall have no claim towards the company with regard to such deductions.

 

Without limiting the foregoing, once a customer enters into a position and chooses multiple directions (i.e. call/put) on the same asset whilst close to and/or on the same expiry date of said asset, it must be emphasized that only one direction will be considered as turnover with accordance to the calculation of the required trade volume in the bonus scheme.

 

By accepting the Terms of Use specified in this Agreement, the customer has read and understood and accepted the information uploaded and found on the Company’s main website and is publicly available for all customers, in which all related commission, costs and financing fees are explained. The Company may amend from time to time at its own discretion all such commission, costs and financing fees. All information relating to the aforementioned amendments will be available on the main website which the customer must review and check for changes during the period that he is dealing with the Company and especially before placing any orders with the Company. The customer is deemed to have seen, reviewed and considered the Company’s commission, costs and financing fees and any changes that the Company may make thereto from time to time.

 

 

 

COMPANY LIABILITY AND INDEMNITY

 

It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the customer’s orders and/or from which transactions are carried out on behalf of the customer, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company.

 

The Company will not be held liable for any lost opportunities by the customer that have resulted in either losses or reduction (or increase) in the value of the customer’s Financial Instruments.

 

In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services and all related operations that are performed as a means for these services to be performed to the customer as these are agreed in this Agreement or in relation to the potential disposal of the customer’s Financial Instruments, the customer is fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the customer’s responsibility to indemnify the Company for the aforementioned.

 

The Company shall not be held liable for any damage caused to the customer as a result of any omission, negligence, deliberate omission or fraud by the bank where the bank account is maintained.

 

The Company shall not be held liable for the loss of funds of the customer in cases where the customer’s assets are kept by a third party such as a bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the customer, of any change in the said information.

 

The Company makes every effort to ensure that the banks and institutions to which the customer’s funds are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.

 

Without prejudice to any other terms of this Agreement, the Company will not be liable for:

 

  1. Systems errors (Company’s or service providers);
  2. Delays;
  3. Viruses;
  4. Unauthorised use;
  5. For any act taken by or on the instruction of a market, clearing house or authoritative body.

 

The Company shall not be liable to the customer for any partial or non-performance of its obligations hereunder by reason of any cause beyond reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, Force Majeure, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, market or clearing house, for any reason, to perform its obligations.

 

The customer further acknowledges that he/she is responsible for reviewing the expiration dates for the binary options, which are located on the Company’s official website.

 

Neither the Company nor its directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the customer under this Agreement (including any transaction or where the Company has declined to enter into a proposed transaction). In no circumstance shall the Company have liability for losses suffered by the customer or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise.

 

The customer shall pay to the Company such sums as it may from time to time require in or towards satisfaction of any debit balance on any of customer’s accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the customer’s accounts or any transaction or any matching transaction on a market or with an intermediate broker or as a result of any misrepresentation by the customer or any violation by the customer of his obligations under this Agreement (including any transaction) or by the enforcement of the Company’s rights.

 

The customer acknowledges that he has not relied on or been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the customer for a representation that is not set out in this Agreement and that is not fraudulent.

 

DURATION OF THE AGREEMENT AND AMENDMENT THEREOF

 

This Agreement shall take effect upon the first deposit in the customer’s account, provided that the Company has sent the customer written confirmation for his acceptance and the customer has either accepted in writing or digitally this Agreement. It shall be valid for an indefinite time period until its termination from either the Company or the customer or both.

 

The Agreement may be amended on the following cases:

 

  1. Unilaterally by the Company if such amendment is necessary following an amendment of the law or any other authority issues decisions or binding directives which affect the Agreement. In any such case, the Company shall notify the customer of the said amendment either in writing or per electronic mail or through its main webpage and the customer’s consent shall not be required for any such amendment.
  2. In cases where the amendment of the Agreement is not required by any change in the legal framework, the Company shall notify the customer of the relevant amendment through its main webpage. If objections arise, the customer may terminate the Agreement within five (5) days from the notification by sending a registered letter and on the condition that all pending transactions on behalf of the customer shall be completed. Upon expiry of the above deadline without the customer having raised any objection, it shall be considered that the customer consents and/or accepts the content of the amendment.

 

TERMINATION

 

The customer has the right to terminate the Agreement by giving the Company at least thirty (30) days written notice, specifying the date of termination in such, on the condition that in the case of such termination, all customer’s open positions shall be closed by the date of termination without derogating from the bonus Terms and Conditions and all the provision aforementioned therein, including charges, fees and penalties.

 

The Company may terminate the Agreement by giving the customer a five (5) days written notice, specifying the date of termination therein.

 

The Company may terminate the Agreement immediately without giving any notice in the following cases:

 

  1. Death of the customer;
  2. In case of a decision of bankruptcy or winding up of the customer is taken through a meeting or through the submission of an application for the aforementioned;
  3. Termination is required by any competent regulatory authority or body;
  4. The customer violates any provision of the Agreement and in the Company’s opinion the Agreement cannot be implemented;
  5. The customer violates any law or to which he is subject, including but not limited to, laws and regulations relating to exchange control and registration requirements;
  6. The customer involves the Company directly or indirectly in any type of fraud;
  7. An event of default occurs;
  8. If the Company believes that any information provided by the customer is no longer current or accurate, or if the customer fails to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service or Bletilla Limited establishes that you have abused in any way (including but not limited to engaging in a transaction out of market rated) the Bletilla Limited trading platform. Upon such violation, the customer agrees to cease accessing services.

 

The termination of the Agreement shall not in any case affect the rights which have arisen, existing commitments or any contractual provision which was intended to remain in force after the termination and in the case of termination, the customer shall pay:

 

  1. Any pending fee of the Company and any other amount payable to the Company;
  2. Any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement;
  3. Any damages which arose during the arrangement or settlement of pending obligations.

In case of breach by the customer, the Company reserves the right to reverse all previous transactions which place the Company’s interests and/or all or any its customers’ interests at risk before terminating the Agreement.

 

EVENTS OF DEFAULT AND RIGHTS ON DEFAULT

 

The following shall constitute “Events of Default” on the occurrence of which the Company shall be authorised to exercise its rights:

 

  1. the failure of the customer to make any payment when due under this Agreement, including but not limited to initial margin deposit or any other payment to meet margin requirements.
  2. the failure of the customer to observe or perform any other provision of this Agreement and such failure continues for one Business Day after notice of non-performance has been provided to the customer by the Company.
  3. the commencement by a third party of procedures seeking the customer’s bankruptcy (in case of natural person) or the customer’s insolvency or other similar voluntary case of liquidation (in case of legal person) under the applicable laws, or any other similar proceedings which are analogous to those pre-mentioned in relation to the customer.
  4. the customer takes advantage of delays occurring in prices and places orders at outdated prices, trades at off-market prices and/or outside operating hours and performs any other action that constitutes improper trading.
  5. the customer dies or becomes of unsound mind (if natural person).
  6. any representation or warranty made or given or deemed made or given by the customer under this Agreement proves to have been false or misleading in any material respect as at the time it was made or given or deemed made or given.
  7. any other situation where the Company reasonably considers it necessary or desirable for its own protection or any action is taken or event occurs which the Company considers that might have a material adverse effect upon the customer’s ability to perform any of its obligations under this Agreement.

 

On the occurrence of an Event of Default the Company shall be entitled to take, in its absolute discretion, any of the following actions at any time and without giving prior notice to the customer:

  1. instead of returning to the customer investments equivalent to those credited to the customer’s account, to pay to the customer the fair market value of such investments at the time the Company exercised such right, and/or
  2. to sell such of the customer’s investments as are in the Company’s possession or in the possession of any nominee or third party appointed under or pursuant to this Agreement, in each case as the Company may in its absolute discretion select or and upon such terms as the Company may in its absolute discretion think fit (without being responsible for any loss or diminution in price) in order to realise funds sufficient to cover any amount due by the customer hereunder, and/or
  3. to close out, replace or reverse any transaction, buy, sell, borrow or lend or enter into any other transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at the Company’s sole discretion, the Company considers necessary or appropriate to cover, reduce or eliminate its loss or liability under or in respect of any of customer’s contracts, positions or commitments, and/or
  4. to treat any or all transactions then outstanding as having been repudiated by the customer, in which event the Company’s obligations under such transactions shall thereupon be cancelled and terminated.

 

ACKNOWLEDGEMENT OF RISKS

 

It shall be noted that 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 the customer, the customer agrees and acknowledges the possibility of these cases occurring.

 

The customer is aware and acknowledges 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 he is willing to undertake this risk upon entering into this business relationship. You agree to use the website at your own risk. Without limiting the foregoing, the financial services contained within this site are suitable only for customers who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in the acquisition of financial contracts.

 

The customer declares that he has read, understood and unreservedly accepted the following:

 

  • Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. Historical data are not and should not be considered as reflective of the future returns of any Financial Instrument.
  • In cases of Financial Instruments traded in currencies other than the currency of the customer’s country of residence, the customer is running the risk of a change in the exchange rate that will decrease the value and price of the Financial Instruments and in effect, their performance.
  • The customer must be aware that he is running the risk of losing all of his funds invested, and must only purchase Financial Instruments if he is prepared for this eventuality. Further, all expenses and commissions incurred will be payable from the customer.

 

The maximum loss that may be incurred by any customer is the amount of money paid by them to the Company.

Each financial contract purchased by a customer via this site is an individual Agreement made between that customer and the Company, and is not transferable, negotiable or assignable to or with any third party.

 

Market information:

 

The Company may make available to you through one or more of its services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (“Market Information”). Market Information provided on these web pages is not intended as investment advice. The Company does not endorse or approve the market information, and we make it available to you only as a service for your own convenience. The customer will not “deep-link”, redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorised by the Company to receive Market Information.

 

The customer acknowledges and accepts that there may be other risks which are not mentioned above and that he has read and accepted all information under the titles “RISK DISCLAIMER” as this information is available on the Company’s webpage, public and available to all customers.

 

RESTRICTIONS FOR TRADING ON THE OPTION BUILDER PLATFORM

 

The Option Builder platform give customers the ability to hedge their investments according to the ladder of percentage scale options on the Option Builder tab as it is from time to time.

 

The maximum trade amount on the Option Builder is limited while using this option, and customers are restricted to a limited amount of trades while using this feature, unless the customer has special approval. All turnovers accumulated while using this feature are calculated by the actual amount risked, not the entire safeguarded amount. Bletilla Limited has the exclusive discretion regarding the amount of turnover, if any, that will count towards trade volume when qualifying for a withdrawal.

 

CONFIDENTIAL INFORMATION

 

The Company does not have any obligation to disclose to the customer any information or take into consideration any information either when making any decision or when it proceeds to any act on behalf of the customer, unless otherwise agreed and stated in this Agreement and where this is imposed by the relevant laws and regulations and directives in force.

 

The Company will never disclose any private or otherwise confidential information in regards to our customers and former customers to third parties without their express, written consent, 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 customer’s identity for the purposes of safeguarding their account and securing their personal information.

 

The Company will handle all of customer’s personal data according to the relevant laws and regulations for the protection of personal data.

 

 

 

NOTICES

 

The Company reserves the right to specify any other way of communication with the customer. The Agreement is personal to the customer who does not have the right to assign or transfer any of his rights and/or obligations hereunder.

 

RECORDING OF TELEPHONE CALLS

 

The customer acknowledges that the Company may record telephone conversations between the customer and the Company without use of a warning tone to ensure that the material terms of the transaction, and any other material information relating to the transaction, is promptly and accurately recorded. Such records will be the Company’s sole property and accepted by the customer as evidence of the orders or instructions given.

 

COMPLAINTS PROCEDURE

 

The Company is obliged to put in place internal procedures for handling complaints fairly and promptly. The customer may submit a complaint to the Company via email. The Company will send the customer a written acknowledgement of its complaint promptly following receipt, enclosing details of the Company’s complaints handling procedures. The customer is advised to contact the Company if he would like further details regarding its complaints handling procedures.

 

INTEREST

 

The funds credited to the customer’s account by the Company shall not bear interest.

By accepting this agreement the customer gives his express consent and waives any of his rights to receive any interest earned on his funds held on the bank accounts of the Company and consents that the Company will benefit from such interest earned to cover registration / general expenses / charges / fees and interest related to the administration and maintenance of the bank accounts.

 

GENERAL PROVISIONS

 

The customer acknowledges that no representations were made to him by or on behalf of the Company which have in any way incited or persuaded him to enter into the Agreement.

 

In case of joint trading accounts for two or more persons who will jointly be considered as Company’s customers, the customer’s obligations under the Agreement shall be joined and several and any reference in the Agreement to the customer shall be construed, where appropriate, as reference to one or more of these persons. Any warning or other notice given to one of the persons which form the customer shall be deemed to have been given to all the persons who form the customer. Any order given by one of the persons who form the customer shall be deemed to have been given by all the persons who form the customer.

 

In case any provision of the Agreement is or becomes, at any time, illegal void or non-enforceable in any respect, in accordance with a law and/or regulation of any jurisdiction, the legality, validity or enforceability of the remaining provisions of the Agreement or the legality, validity or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected.

 

All transactions on behalf of the customer shall be subject to the laws which govern the establishment and operation, the arrangements, directives, circulars and customs (hereinafter called the “Laws”) of Marshall Islands and any other authorities, as they are amended or modified from time to time. The Company shall be entitled to take or omit to take any measures which it considers desirable in view of compliance with the Laws in force at the time. Any such measures as may be taken and all the Laws in force shall be binding for the customer.

The customer shall take all reasonably necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents) so that the Company may duly fulfill its obligations under the Agreement.

 

The location of detailed information regarding the execution and conditions for the investment transactions in Financial Instruments conducted by the Company and other information regarding the activity of the Company are accessible and addressed to any natural persons and legal entities at the Company’s website.

 

The customer agrees not to delete any copyright notices or other indications of protected intellectual property rights from materials that he/she prints or downloads from the websites. The customer will not obtain any intellectual property rights in or any right or license to use such materials or the website, other than as set out in this Agreement. Images displayed on the website are either the property of the Company or used with permission.

 

The customer agrees not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of the Company. Nothing contained on the website shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of the Company and/or such third party that may own the trademarks. The customer will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any of the aforementioned activities. The customer shall notify the Company immediately upon becoming aware of the commission by any person of any of the aforementioned activities and shall provide the Company with reasonable assistance with any investigation it may conduct in light of the information provided by the customer in this respect.

 

Use of the trademarks or any other content of the website, except as provided herein, is strictly prohibited.

 

It is important that the customer is fully aware of the following point:

 

A Day-Trading position may be extended to the following day, as presented on the site.

 

The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in the customer’s favour, but that could also mean considerable losses if the fluctuations are to the customer’s detriment. No system exists that could assure the customer that transactions on the foreign currency market should bring great benefits, nor is it possible to guarantee that the customer’s transactions will yield favourable results.

 

The amount the customer could lose in a transaction carrying limited risk will never be more appreciable than that which the customer can lose in transactions having no pre-determined limit on loss. Nevertheless, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.

It is possible that some unfavourable situations on the market could occur, in a relatively short period of time, resulting in the TOTAL LOSS of the customer’s investment. Since deposit of an additional guarantee is not obligatory in this case, the Company reserves the right to close the outstanding balances without the customer’s consent.

 

The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to the stock market. Therefore, before starting to trade, the customer should learn the specifics of trading on stock markets in detail. The customer should conclude an Agreement for opening and/or closing transactions on the market only if he/she is absolutely sure of the size of its possible risk and consequences, and if he/she understands in detail the scope and range of his/her rights and obligations.

 

 

 

APPLICABLE LAW, JURISDICTION

 

This Agreement and all transactional relations between the customer and the Company are governed by the Laws of Marshall Islands and the competent court for the settlement of any dispute which may arise between them shall be the District Court of the district in which the Company’s headquarters are located.

 

All substance and/or information relating to Bletilla Limited, including, inter alia, the website domain, binary options trading platform, clientele and activity are fully owned and operated by the Company, an entity duly incorporated in the Marshall Islands.

 

Dynamic Options is owned and operated by Bletilla LTD

 

Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960

 

Clearing & Billing Services: Bloomeria Services Ltd, Prestige Business centre, 49 Patriarch Evtimiy blvd, 4th floor, Sofia, Bulgaria.