TERMS AND CONDITIONS
- 1.1. This Agreement is made between hi5markets , Registered address: C/o Suite 305, Griffith Corporate Centre, Beachmont. Box 1510 Kingstown, St Vincent and the Grenadines (hereinafter called the “Company” or “we” or “us”), on the one part, and the Client (“Client” or “you” or “user”), on the other part. If you download the Company software for the purpose of a trading demonstration, your acceptance of the terms and conditions contained in this current Agreement is implied even if you do not enter into a client relationship with the Company.
- 1.2. This Agreement supersedes any other agreements or arrangements made by the Company or any of its agents, affiliates or introducers.
- 1.3. This current Agreement shall be deemed binding upon and for the benefits of Parties and their legal successors and assignees.
2. Provision Of Services
- 2.1 The trading services provided by the Company to the Client are the execution of orders on behalf of the Client in relation to the financial instruments offered for investment on the Company’s platform.
3. Restrictions Of Services
- 3.1. The Company retains the right to refuse the provision of its services or platform to any person or persons. Without prejudice to this right, the platform is specifically prohibited for use by: (a) persons under the age of 18 years old or who are not of sound mind or legal competence; (b) persons residing in any country where trading activities as can be carried out on the Company platform are prohibited on legal or religious grounds; (c) residents or citizens of the Unites States of America, Canada, Sudan, Syria and North Korea.; (d) employees, directors, associates, agents, affiliates of the Company;
4. Investment Commentary
- 4.1 Nothing on the Company website is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. No part of the site should be considered as a substitute for professional financial advice.
- 4.2 If you should choose to enter into any transactions based on any content or part of the site then any consequences arising out of such transactions are you sole and exclusive responsibility.
- 4.3 Any opinions expressed or advice offered by any individual participants is considered as nothing more than conversational exchanges. Company does not provide investment advice directly, indirectly, implicitly, or in any other manner whatsoever.
5. Acknowledgement Of Risks
- 5.1 CFDs, spot metals, futures or any other commodities offered by the Company are leveraged products and as such involve a high degree of risk. It is possible the Client will lose all his/her original capital. Leveraged products are not suitable for everyone and the Client acknowledges and understands all the risks involved. The Client should seek independent financial advice before entering into any trade of any products offered by the Company.
- 5.2 The Client understand and agrees that all money that his/her invest are not protected and cover by any of domestic and international law and hi5markets are not responsible for his/her money.
- 5.3 The Client understands that significant loses may be incurred from the trade of constant spreads and leveraged products. The Company is in no way responsible for any losses incurred from the Client’s trading activities.
6. License and Provision of Platform
- 6.1. The Company hereby grants to the Client a personal, limited, non-exclusive and non-transferable license to use the Company’s platform and/or websites. This is conditional on the Client adhering to the terms and conditions of this current Agreement and for using the platform for the purposes for which it was designed. Should this Agreement be terminated, said license will automatically be revoked and Client’s access restricted.
- 6.2. Any third-party software included as part of the Platform shall also be governed by the terms of this Agreement and the Client will comply with any licensing terms provided by the Company for said third-party software.
- 6.3. The Company reserves any and all rights to the Platform unless expressly granted to the Client by the terms of this Agreement.
- 6.4. The Company retains the right to perform maintenance on the Platform from time to time and is under no obligation to provide advance notice of this to the Client. While every effort shall be made to perform such maintenance during the week-ends, no guarantee of this is given or implied. During periods of maintenance, the platform may become inaccessible.
- 6.5. The Company reserves the right to make additions and modifications including removal of any part or parts without any liability under this Agreement. All reasonable effort will be taken to replace and such part or parts removed with an equivalent wherever possible.
7. Trademarks and Copyrights
- 7.1 Company logo and any other trademarks displayed on this Site are the proprietary service marks or trademarks of Company or third parties. Company trademarks may not be used in connection with any product or service that is not the property of Company in any manner that is likely to cause confusion among consumers, or to disparage or discredit Company.
- 7.2 All other trademarks and service marks not owned by Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the owner of such.
- 7.3 Any and all content on this Site, including, but not limited to, works of authorship, publications, presentations, price data, trade data, aggregated trade information, past, present or future performance information, blogs, blog posts, user reviews and/or comments, design, text, graphics, photos, logos, icons, images and data, including any improvements or modifications to and all such content, any works based deriving from any and all such data and the collection, arrangement and assembly of all content on this Site are the property of Company or its licensors and are protected under international copyright and other intellectual property laws.
- 7.4 Nothing in these Terms of Conditions shall be construed as granting you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Company or any other person.
8. Platform Use
- 8.1. The Client is granted access to the Company’s Platform only under the terms of the license as contained in this Agreement and only for the specific purposes for which the Platform has been designed and access granted to the Client. The Company makes no representations as to the suitability quality or reliability of the Platform.
- 8.2 The Client is solely responsible for the provision of and any applicable fees for the necessary infrastructure to connect to the Platform. This includes any and all computers, tablets or mobile devices and internet connection where required. The Client is solely responsible for the integrity of his/her account including but not limited to any passwords which may be used to access the Platform or any other of the Company’s systems.
- 8.3 The Client is responsible for the maintenance and security of any and all computers, tablets or mobile devices used to access the Platform, and is further responsible for protecting such systems from computer viruses or malware. The Client will take all measures necessary to protect the Company from the transmission of such viruses or malware.
- 8.4 The Client is expressly prohibited from carrying out any and all actions to reverse engineer the Platform or other products provided by the Company, circumventing or attempting to circumvent any security measures put in place by the Company, attempt to intercept or modify any communications by the Company, attempt to inject any virus, malware or other code of malicious or any other nature into the platform. The Client will in no way carry out any action which may damage the integrity of the Platform or the Company or any other users on the Company systems.
- 8.5 In the event that any issues arise out of misuse of the Platform either intentionally or accidentally, the Client agrees to cooperate fully in any investigation undertaken by the Company into said issue.
- 8.6 The Client agrees that he/she is responsible for the integrity of any passwords or other access date used to access the Platform. Any unauthorized access is the Client’s sole responsibility.
- 8.7 Should the Company have reasonable belief of third-party use of the Client’s access data, Client account may be deactivated without any further notice at the Company’s discretion.
6. Application and Assessment of Suitability
- 9.1. Following receipt of the Client’s Account Application, the Company shall perform such checks as are deemed necessary to satisfy the Company’s internal compliance and KYC (Know Your Clients) procedures. It is understood that no application can be approved before the Client provides all documentation as required by the Company account opening procedures. It is understood that in certain cases and for citizens and/or residents of certain countries additional documentation may be required from the Client before an account can be approved.
- 9.2 The Company carries out Assessment of Suitability for each and every application received. This includes assessing the Client’s knowledge and experience in the trading of leveraged products as offered by the Company. The assessment is based on the information and feedback provided by the Client and as such, it is the Client’s sole responsibility to ensure all information provided is accurate and current. The Company shall assume that all such information provided is accurate and current and shall have no responsibility if this is not the case. Any changes in the circumstances of the Client must be notified in writing to the Company at the time of occurrence.
- 9.3 Once the application has been approved, the Company shall inform the Client in writing. In the event the application is not approved, the Company is not obliged to provide the reasons for any such rejections but may do so at own discretion.
- 9.4 Once an application is approved and the Client receives notification of approval from the Company, this current Agreement comes into effect in its entirety.
10. Execution of Orders
- 10.1 The Client understands that all orders executed on the Company platform are orders executed on an OTC (Over The Counter) basis and are not part of any centrally regulated market.
- 10.2 Client may initiate and close transactions on the Company platform for the financial instruments offered by the Company. Such transductions may be modified by the Client through the use of Stop Loss or Take Profit limits for example.
- 10.3 Client orders are executed at the prices offered on the Company platform. Due to markets conditions and the high volatility, actual executed prices may differ from the prices displayed on the Company platform. In such cases the Company has the right to reject the Client’s order and offer a new quote which the Client may either accept or decline.
- 10.4 The Company may rely and act on any order placed on the Platform or via telephone call by using the Access Data or placed by facsimile transmission bearing the signature of the Client (or of his/her Authorized Representative), without any further communication to the Client. Any such Orders are understood to be binding upon the Client.
- 10.5 The Client understands and acknowledges that the Company may remove or suspend any financial instruments from the Platform at its sole discretion.
- 10.6 The Company shall use all reasonable efforts to execute Client orders, but it is mutually agreed and understood that transmission or execution of Client orders may not always be successful for reasons which are beyond the control of the Company.
- 10.7 Client orders may only be placed within the normal trading hours of the Company. These are available on the Platform and/or the Company website and may be amended from time to time.
11. Refusal to Execute Orders
- 11.1 The Company retains the right to refuse to execute any Client order without any prior notice or notification to the Client in the event of, but not limited to the following:
- a. interruption of internet connectivity;
- b. Client does not hold sufficient funds in their trading account;
- c. the order interferes with the smooth operation of the Company platform;
- d. the order aims to manipulate insider information related to the specific financial instrument;
- e. the order is entered under abnormal market conditions;
- g. Company has sent a notice of termination to the Client;
- h. Company system rejects the order due to the imposition of trading limits;
- i. Arbitrage trading is prohibited and serious offend. Arbitrage transaction” an operation when an asset is bought on one market and at the same moment a matching asset is sold on a different market. This price difference is fixed on various exchange markets. It is easily observed, that the value of the portfolio remains almost unchanged regardless of the market movements (as the opposite trades offset each other). When the price difference changes to a positive side, the opposite arbitrage transaction of fixing profit is conducted. An arbitrage transaction is also a transaction conducted on one and the same market over a certain period of time on the condition that a considerable price gap between the quotes appears at the moment of trade opening or closing. Any execution orders before and during markets opens by using arbitrage trading are consider as gap manipulation.
- j. The Company allows scalping, but does not allow scalping trades which are closed within 5 minutes after the position opening. The Company also does not allow an aggressive scalping and multiple layer execution orders which will be consider as manipulations.
- k. Any suspicious and aggressive trading during news are prohibited.
- l. Trading balance are prohibited. Trading balance are considered as illegal trading, which Clients trade different account including a different name holder for execution orders on same time. We are using an Artificial Intelligent (A.I) system to detect IP address, MAC address, geolocation and data mining.
- 11.2 The rejection of any Client order does not affect any obligation the Client has to the Company under this current Agreement including any right the Company may have against the Client or his/her assets;
- 11.3 Any execution from the above list will be taken action by The Company such as, freeze account, credit reset, user banned permanently, refusal to execute orders with or without prior notice.
12. Client Funds
- 12.1 Company shall take every possible measure to safeguard Client funds and such funds will be placed in segregated blockchain accounts with Company’s choosing.
- 12.2 Company may hold funds from multiple Clients in the same account.
- 12.3 The Client is not entitled to any interest earned on his/her funds held with the Company.
- 12.4 Company shall retain the right to the Client funds until any Client obligations towards the Company have been settled.
- 12.5 Clients are prohibited from using external or internal transfer aside from using Local Exchanger for withdrawal and deposit method. Any attempt of these will result his/her account to be freeze, credit reset or be ban with or without prior notice. Local Exchanger are given an authority for external transfer to his/her clients for withdrawal and deposit issue
13. Deposits – Withdrawals
- 13.1 The Company shall provide one or more trading accounts allowing the Client to place orders on the Company’s platform. Said account or accounts will become activated when the Client has deposited funds into said account or accounts according the Company’s deposit requirements.
- 13.2 Client are obligated to use the same deposit and withdrawal methods. The Clients are prohibited to withdraw using a different method from their deposit.
- 13.2 Client may make additional deposits to his/her account or accounts in the cryptocurrencies accepted by the Company and using the deposit methods supported by the Company.
- 13.3 The Company has the right to request any documentation from the Client to support the origin or legality of the funds deposited into Client account or accounts. Client understands that in the event such documentation cannot be provided or is insufficient for whatever reason, Company retains the right to block the Client account or accounts until such time as the origin of the deposited funds can be verified.
- 13.4 The Company has the right to deleted client accounts without notice.
- 13.5 The Company has the right to reject any deposit or withdrawal into the Client account or accounts without reason or notice.
- 13.6 Withdrawals shall be made in accordance with the Company’s withdrawal procedures and will be executed within 30 (thirty) business days from receipt of the Client withdrawal request.
- 13.8 Client may request for withdrawal his/her needs to wait for first withdrawal to be approved to request a new withdrawal. Any multiple attempt on a new withdrawal client will be subjected as penalty additional extend another 30 days example;
- John make the first withdrawal of 100 USD. Before the first withdrawal is processed, he makes additional two new request of 500 USD and 200 USD. Thus, John is given a penalty additional 60 days. Total estimated time for John has to wait is 90 days (30 days + 30 days+30 days)
- 13.7 Withdrawals will only be made using the payment methods supported by the Company.
- 13.8 Any withdrawals from all methods will be charges 7%.
- 13.9 Minimum Withdrawal is 50 USD, Maximum withdrawal per request is 500 USD.
- 13.10 The Company has the right to reject any deposit or withdrawal if internal investigate the Client’s trading was fraud trading without notice.
15. Dormant Accounts
- 15.1 Client accounts inactive for a period of 6 (six) months shall be deemed dormant and will be subject to a monthly maintenance fee.
- 15.2 Accounts inactive for a period of 12 (twelve) months and after notification to the Client’s last known address will be closed at the Company’s discretion and any funds in said accounts will be owed to the Client and will be payable to the Client upon request. The Company may charge a fee during the period when the account is dormant.
16. Force Majeure
- 16.1 The Company shall not be liable to the Client for any failure to perform any obligation arising under this Agreement if the failure is caused by circumstances beyond the control of the Company. Such circumstances include but are not limited to the following:
- a. acts of God, war, floods, fire, earthquakes or other natural disasters;
- b. terrorist attacks, civil war or threat thereof
- c. labour disputes which affect the Company
- d. attacks by hackers or DDOS attacks on the Company website(s);
- e. suspension of trading or liquidity or closure of markets or limitation of access by Company to price quotations or any such event;
- g. the interruption of power supplies or other utility directly related to the execution of the Company’s obligations under this current Agreement;
- h. All activities during market open or close due to holiday, server maintenance and worldwide event based on the trading instrument will not be updated to the client. Client must alert these issues and any execution order during events are based on Clients own risk.
- i. any law or action taken by the government or public authority;
- 16.2 In the event of such Force Majeure occurring, the Company may, without prior notification to the Client, take any actions it deems necessary including inactivating the Client account and halting any and all operations on said account until such time as the Force Majeure event ceases to exist.
- 17.1 This Agreement can be terminated by either Party by giving 5 (five) days written notice to the other Party. During this period of termination notice, the Client is obliged to close any open positions. The Company reserves the right to close any open positions that remain open after the termination notice period.
- 17.2 Upon termination, the Company reserves the right to restrict Client access to the Platform or other Company systems.
18. Disclaimer of Warranties
- 18.1 The Site is provided “”as is””. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Company nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
- 18.2 To the full extent covered under applicable law, the Company makes no representations or warranties of any kind, expressly or implied, as to the accessibility, operation and/or use of the site or the information, content, materials or services on or accessed via the site, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance.
- 18.3 Neither the site, nor any information, content, materials, or services offered via the site, constitute or are intended to constitute a solicitation or any offer to buy an interest in any security, investment advice or a recommendation or promotion of any currency transaction, futures contract, security or other financial product, investment advice, or trading or investment strategy.
- 18.4 The Company does not represent or guarantee that the information on or accessible via the site is accurate, complete, reliable or current, and the Company shall not be responsible for any errors or omissions therein. Any adverse consequences resulting from your use of the site are your own responsibility. The Company makes no representations and warranties that the site will be uninterrupted, secure, or free of errors or viruses, or other harmful components.
- 18.5 Under no circumstances shall the Company or any of its affiliates, directors, officers, employees, agents (referred as Remisier in certain region) or representatives (The Company parties such as; Local Exchanger) be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the site, any information posted on the site by its users, or any other information, content, materials or services available on the site (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.
- 19.1 Client agrees to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, Company website(s), including but not limited to your violation of this Agreement.
- 20.1 Client has no right to assign or otherwise transfer these Terms of Conditions or any rights or obligations hereunder. Company failure to act on any breach of any provision of these Terms of Conditions shall not be construed as a waiver of the enforcement of any provision unless Company agrees to such waiver in writing.
- 20.2 If any portion of these Terms of Conditions is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Conditions set forth the entire understanding between the Client and the Company with respect to the subject matter and supersede any prior or synchronous communications, representations, or agreements, whether oral or written, between Client and Company with respect to such subject matter.
- 21.1 This Agreement is made in the English Language. Any version in any other language will be for convenience purposes only. In the event that any discrepancies exist between the original English and any translated languages, the English version shall prevail.
22. Governing Law
- 22.1 The laws of St. Vincent and the Grenadines will govern these Terms of Conditions, without giving an effect to any principles of conflicts of laws.
- 22.2 These Terms and Conditions shall be governed by and construed and enforced in accordance with laws of the St. Vincent and Grenadines, and shall be interpreted in all respects as St. Vincent and the Grenadines. Any claim or action arising from or related to these Terms and Conditions shall be governed by construed and enforced in accordance with the laws of the St. Vincent and the Grenadine. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any tort claim against the Company. The venue and forum for any claim or action against or involving the Company shall be in St. Vincent and the Grenadine. You unconditionally attorn to the exclusive jurisdiction of the courts of the St. Vincent and Grenadine and all courts competent to hear appeals therefrom. You also unconditionally agree to the exclusive forum and venue of the St. Vincent and the Grenadine in all claims or actions arising from or any dispute or question of any kind relating to these Terms and Conditions. The doctrines of forum non convenient shall not apply in the selection of forum under these Terms of Conditions.
- 22.3 This Agreement will be governed by in accordance with the laws of Saint Vincent without regard to its choice of law principles. Any legal action or proceeding arising in connection with this Agreement will be brought exclusively in courts of Saint Vincent, and the parties irrevocably consent to such personal jurisdiction and venue.
23. Terms of Service Agreements