Binary options terms conditions

Binary options terms conditions

Posted: spb-guide On: 19.06.2017

It is the responsibility of each Client to read and understand this legal notice and the terms and conditions pursuant to which an acquisition of financial contracts via this site is governed. The term "the Company" shall denote either Binary IOM Ltd. These Terms and Conditions may be supplemented from time to time by Supplementary Terms and Conditions applicable to a particular Company or products. The financial trading services contained within this site are only suitable for Clients who are able to bear the loss of all the money they invest and who understand and have experience of the risks involved in the acquisition of financial contracts.

International currency, stock index or commodity prices are highly volatile and very difficult to predict. Due to such volatility, plus the bias in the pricing system favouring the website as described in more detail below , no financial contract purchased in our system whether or not the payout exceeds the premium amount can be considered a safe contract.

The maximum loss that may be incurred by any Client is the amount of money paid by oneself to the Company. These Terms and Conditions, for the convenience of our Clients are provided in several different languages; however, these translations do reflect the same principles. We attempt, as much as possible to provide a faithful translation in English of the prevailing language. In the event of any differences between the English version of the website and any other language, the English version shall prevail.

You may communicate with us through this website by means of Live Chat, e-mail, phone or, exceptionally, by post. Details can be found in the Contact Us page. Generally we will communicate with you through this website or by email to the email address used when opening your account. We will communicate with you in English or, if you select another preferred language when opening your account, in that language.

Laws regarding financial contracts vary throughout the world, and it is the responsibility of persons accessing this site to ensure that they understand and fully comply with any laws or regulations relevant to themselves in their own country. This site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised or to any person to whom it is unlawful to make such offer or solicitation.

Access to this site and the offering of financial contracts via this site in certain jurisdictions may be restricted and, accordingly, persons accessing this site are required to inform themselves about and to observe such restrictions. The transactions performed on this site and the relationship between Clients and the Company are to be governed by and construed in accordance with the laws of the country of incorporation of the Company the "Jurisdiction" , which shall be either of the Isle of Man, Malta, or Costa Rica.

You agree that the Jurisdiction's courts will have sole jurisdiction to settle any disputes that may arise in relation thereto. For such purposes, you irrevocably submit to the jurisdiction of the courts of the Jurisdiction in relation to any such dispute and you agree that any claim you might have against the Company shall only be brought before the courts of the Jurisdiction.

For further information on complaints and disputes, kindly refer to the Company's Complaints and Disputes section. The Company does not provide a market amongst or between Clients for investments, securities, derivatives or speculations. Each financial contract purchased by a Client via this site is an individual agreement between that Client and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.

Acquisition of financial contracts through this site must be effected in accordance with the terms and conditions presented on the pages of this site. Acquisition of a financial contract is completed when the financial contract has been customised, the premium or the payout, as the case may be has been calculated and payment has been verified. Clients agree to be fully and personally liable for the due settlement of every transaction entered into under their account with the Company.

This includes any transactions entered into by members of the Client's family or entourage who have gained access to the account. Clients are responsible for ensuring that they alone control access to the account, and that no minors are granted access to trading on the website. In any case, Clients remains fully liable for any and all positions traded on their account, and for any credit card transactions entered into the site for their account.

Each Client also indemnifies the Company in respect to all costs and losses of any kind, whatsoever as may be incurred by the Company as a result, direct or indirect, of the Client's failure to perform or settle such a transaction. Online Gambling debts are enforceable in law in the Isle of Man. Money collected from Clients are not invested in any securities, futures, currencies, derivatives or other investments, on behalf of Clients.

We are required by our licence to inform you about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency http: The company holds customer funds in separate bank accounts to the operational accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency.

This meets the Gambling Commission's requirements for the segregation of customer funds at the level: The company has various deposit methods available, each with their own timing for deposits, some of which might not be available for withdrawals. Full details of deposits and withdrawals methods available including settlement times are available here.

Your account should not be used as a banking facility and deposits should only be made with a view to using funds to place contracts. The Company is not a financial institution, Clients will not receive interest on deposits. Should you make repeated deposits and withdrawals without commensurate contracts being placed, we reserve the right to pass on to your accounts, without prior notice, any bank charges we have incurred before closing the account.

The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, Clients who engage in any trading activity:. The Company has the discretion to seek information from Clients to verify compliance with these terms. No person shall abuse this site for the purpose of money laundering.

The Company employs best-practice anti-money laundering procedures. All transactions are checked to prevent money laundering which may have several effects on Clients. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, Clients who do not accept or adhere to these anti-money laundering processes.

Acceptable funds should not originate from criminal activity. The Company is bound to report suspicious transactions to relevant authorities. The anti-money laundering processes have the following effects on Clients: Clients must fill into the account opening form all requested details that establish their identity. Clients must give a valid identification, address, and contact email and personal telephone number.

Winnings may only be paid to the initiator of an account. When a Client maintains an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the onus of the Client to ensure that account number and name accompany all transfers to the Company.

Clients must register personally. Clients shall not hold or pool third party funds into their own account held with the Company. Transfer of funds among other clients is also prohibited. Only one account is allowed per person. Know Your Customer documentation will be required when a Client deposits money in the account. In the case of a client opening an account with Binary Europe Ltd, the threshold for verifying clients is on cumulative withdrawals of EUR 2, You agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks.

Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. We have the right and obligation not to accept the information provided by you if we know or have a reason to believe that it is incorrect, inaccurate or incomplete.

In such case, we may ask you to clarify or correct the details provided. The Company reserves the right to suspend the operation of this site or sections thereof: When, as a result of political, economic, military or monetary events including unusual market volatility or illiquidity or any circumstances outside the control, responsibility and power of the Company, the continued operation of this site is not reasonably practicable without materially and adversely affecting and prejudicing the interests of Clients or the Company, or if, in the opinion of the Company, a price cannot be calculated for financial contracts.

When there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial contracts or where the price or value of any of the financial contracts cannot be promptly or accurately ascertained. The Company has and retains the right, to terminate any event or trade, including but not limited to the occurrence of any of the above events.

In any event of an error in current prices, published odds or trading software. In all circumstances, the Company reserves the right to make changes to these Terms and Conditions. If the Company elects to make any material changes to these Terms and Conditions, our clients will be notified in advance and shall either accept or decline to agree. Declining to agree shall result in a material breach of this agreement and the client's account maybe frozen, suspended or cancelled.

In such an event, the Company may at its sole discretion with or without notice close out Client's open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto. Further, the Company, under the above circumstances, or any other, reserves the right to adjust a client's account should any trade result in a disruption, miscarry or aborted trade.

Although the Company has and retains all rights to refuse or to close a Client's account, the Company does warrant that all contractual obligations already made, shall be honoured. Clients have a duty to report to the Company any such problems, errors or suspected system inadequacies that they may experience and may not abuse of or arbitrage such system problems or errors for profit.

The Company will endeavour to resolve any such difficulties in the shortest time possible. Any amendments to the contractual terms including, but not limited to, entry and exit spot of Manifestly Erroneous contracts shall be reasonable and fair. Monies exchanged between oneself and the Company in connection with Manifestly Erroneous contracts shall be returned to the recipient according to the amendments made to the contractual terms including, but not limited to, entry and exit spot.

You further acknowledge and agree that the Company will not be held liable or responsible, whether directly or indirectly, for any loss, expenses or damage caused or alleged to be caused by or in connection with a Manifest Error. Persons with insider knowledge of any financial market or instrument are prohibited from trading at this website. The right is also reserved to amend or change the rules and scope of this service from time to time.

Any change to the rules made whilst the site is in operation will not apply retrospectively and will only apply to acquisitions of financial contracts made after such change. It is the Company's responsibility to notify Clients before any changes to its terms come into effect.

If a Client's account is with Binary Europe Ltd. Clients need to contact our helpdesk to recover funds from inactive, closed, blocked or excluded accounts. The Company will not be liable in any way to any persons in the event of force majeure, or for the act of any Government or legal authority or for the failure of or damage or destruction to, its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.

The Company shall not be responsible for any damages or losses deemed or alleged to have resulted from or been caused by this site or its content. This includes any client's use or misuse of its content, the inability of any client to connect with or use the site, delay in operations or transmission, failure of communication lines, or any errors or omissions in content. The Company may from time to time inform you about changes on the website, new services and promotions.

If you, however, wish to opt out of such a service and do not wish to receive any direct marketing data you can either unsubscribe to the service or email our customer support team. If you decide to opt in again into receiving promotional material, you can also do so by contacting us.

You may only open an account at this site on condition that: You may choose to contact us to close your account held with the Company. Your account may be closed if you do not have any open trade positions and if you have complied with the requested "Know Your Client" procedures to enable you to withdraw any pending funds in your account. The Company may impose certain rules and restrictions in relation to the placing of market orders on this website.

Such rules may change from time to time, according to market conditions and other factors. The following indicative rules are currently in place: Contracts will not usually be offered at odds under 0. Contracts offered by Binary Investments Europe Ltd.

Contracts are not usually offered in the last hour of trade of any given market for foreign exchange markets, the restriction may be extended up to 3 hours. Contracts will not usually be offered when the underlying market is at its intraday high or intraday low.

Contracts will not usually be offered during the first 10 minutes of market trade. During fast markets i. Contracts may not expire on a weekend; therefore the expiry date of a contract may be pushed back to the following Monday in the event of a contract expiry date falling on a Saturday or a Sunday.

Market prices are updated at most once per second. For any given second, the market price will be updated to the first tick, if any, received in that particular second on the company datafeed. The company does not guarantee the ability to sell a contract prior to its expiration time. Clients should note that the different markets may close at different times during the day due to local trading hours and time zones.

In the case of single stock and stock index prices, the final closing price as reported by the relevant official Exchange shall apply for all settlements this final settlement price may, at times, be reported by the relevant Exchange minutes after the official closing time of the market, and may differ from the latest tick price that occurred at the closing time. For forex quotes the closing times are defined by the Company as shown in the Market Opening Times section of the website.

In the event of any dispute regarding market or settlement values, the decision of the Company shall be final and binding. Clients should note that certain markets such as stocks and stock indices are not open throughout the day and that trading may not be available when the markets are closed.

The calculation of the price to be paid or the payout to be received for financial contracts on this site at the time the financial contract is purchased or sold will be based on the Company's best estimate of market price movements and the expected level of interest rates, implied volatilities and other market conditions during the life of the financial contract, and is based on complex mathematics. The calculation will include a bias in favour of the Company. The financial contract prices or the payout amounts offered to Clients speculating on market or index prices may differ substantially from prices available in the primary markets where stock indices or commodities or contracts thereupon are traded, due to the bias favouring the Company in the price calculation system referred to above.

binary options terms conditions

The charting data made available to Clients by the Company is indicative only and may at times differ from the real market values.

The Company's decision as to the calculation of a financial contract price will be final and binding. The Company allows the option to sell contracts before expiry time of some contracts but will not be obliged to do so and can suspend this option depending on the current market conditions. Contracts may be amended when the underlying asset value is adjusted by corporate actions during the contract period.

Should a disruption occur in the data feeds which cannot be readily rectified by the Company, the Company reserves the right to refund the contract purchase. The Company may impose volume trading limits on Client accounts in its sole discretion.

The maximum account size i. If the account balance exceeds the maximum account size, then withdrawals must be made to bring the balance down to under this limit. Both the deposit and the bonus amounts are clearly displayed when this type of promotion is available. The bonus will only be credited to your account when both of these conditions are met. Once the bonus is credited to your account, you may withdraw the bonus and any winnings generated from it at any time. This bonus is only available to new clients.

Existing or former clients do not qualify. New clients are eligible for this type of bonus only once. This bonus is available only once per household. The bonus will be added to the account when the required minimum deposit has been made via a single transaction. Clients who make multiple deposits in an attempt to accumulate the required deposit amount will not be eligible for this bonus.

This document the "Agreement" sets out the terms and conditions "Terms" between "the Company" which is Binary Services Ltd "we," "us," and "our" , and you the person who registered for the Binary. If you would like to file a complaint with regards to our service, kindly contact us providing any relevant details relating to your complaint. We shall investigate your enquiry and a response will be given to your enquiry. We will usually provide a final response within weeks and at most within 2 months from receipt of all relevant details.

If your complaint relates to an outcome of a trade or a transaction and remains unresolved, it will turn into a dispute. Should you be unsatisfied with our response, you can choose to escalate your complaint to the regulator or to an alternative dispute resolution entity. Clients registered with Binary C. Clients registered with Binary IOM Ltd can raise their unresolved disputes with the alternative dispute resolution entity IBAS by filling the adjudication form on the ADR entity's website.

Clients registered with Binary Europe Ltd can raise their unresolved disputes with the Malta Gaming Authority www. UK clients registered with Binary Europe Ltd can submit their dispute with the alternative dispute resolution entity IBAS by filling the adjudication form on the ADR entity's website. Alternatively, clients who are registered with both Binary IOM Ltd and Binary Europe Ltd, instead of submitting their dispute to IBAS, they can make use of the European Commission's Online Dispute Resolution ODR platform available here.

Clients registered with Binary Investments Europe Ltd can raise their unresolved disputes with the Office of the Arbiter for Financial Services. We provide here a summary of the policy we maintain in order to manage conflicts of interest in respect of the duties we owe to our clients. It is understood that Binary Group companies, as trading counterparty, have an interest, relationship or arrangement that is material in relation to any trade effected on behalf of you and it is agreed that any company so interested shall be entitled to retain any benefit or profit received and shall not be liable to account therefore to you by reason only of such conflict.

We aim to establish and maintain and operate effective organisational and administrative arrangements with a view to taking all reasonable steps to prevent conflicts of interest from constituting or giving rise to a material risk of damage to the interests of our clients. We have in place adequate internal procedures to ensure that you are in all cases treated fairly and that the risk of damage to client interests will be mitigated.

We aim to keep a record of the kinds of activity we carry on in which a material conflict could arise or has arisen. We also maintain procedures to manage actual or potential conflicts. This includes procedures to maintain appropriate independence between members of our staff who are involved in potentially conflicting activities, for example, through the operation of information barriers, physical separation of staff, the segregation of duties and responsibilities and maintenance of a policy of independence which requires our staff, when providing services to a client, to act in the best interests of the client and to disregard any conflicts of interest; and, in some circumstances declining to act for a client or potential client.

Where our arrangements to manage conflicts are not or cannot be sufficient to be reasonably confident that risks of damage to a client's interest will be prevented we aim to disclose the general nature or sources of conflicts. This is aimed at allowing the client the opportunity to consider whether to ask for more information by sending an email to compliance binary. BIEL is a company established in Malta under registration number C and having its registered office at Mompalao Building, Suite 2, Tower Road, Msida MSD, Malta.

We are authorised and regulated by the Malta Financial Services Authority "MFSA" under the Investment Services Act Cap. We are authorised by the MFSA to deal on own account i. We are not authorised to and do not offer or provide investment advice or any other investment services other than those described above.

Should you feel that you require investment advice or investment services other that those described above then you should contact an independent financial advisor or firm.

In providing these services, we are bound by the Act, any applicable regulations, bye-laws, licence conditions, guidelines, exchange requirements and other provisions or market practices the "Rules". Citizens of Afghanistan, Belgium, Bosnia and Herzegovina, Iraq, Lao PDR, Syria, Uganda, Vanuatu or Yemen shall be restricted from opening an account with Binary Investments Europe Ltd. The level of protection offered and due to each client depends on the category to which each client is assigned.

Retail Clients benefit from the highest degree of protection. Unless otherwise advised, we shall treat you as a Retail Client. You may also request, in writing, us to change the category in which you have been classified and this may have an effect on the level of protection afforded to you.

We reserve the right to accept or refuse any such request for change in classification. Notwithstanding the above, you hereby declare that you are dealing with us outside the scope of your economic or professional activity and we will therefore treat you as an individual retail client for the purposes of EMIR compliance, unless advised otherwise.

We are entitled under the Rules to rely upon information provided by you. You should ensure that you provide us with accurate and complete information and notify us in the event that any information supplied to us changes. You should note that if you provide us with inaccurate information, or if you fail to notify us of any changes to information previously supplied by you, this may adversely affect the quality of the services that we can provide.

In the course of provision of services we shall, where applicable, conduct an appropriateness test in order to determine whether, in our view and on the basis of the information provided by you, you have the necessary knowledge and experience in the investment field to understand the risks involved in the specific type of product or service offered or demanded.

Where we consider, on the basis of the information provided by you that you do not possess the knowledge and experience to appreciate the risks associated with an investment in the proposed instrument, we will issue a warning to you.

Such a warning shall be displayed on the website. Where we do not manage to obtain sufficient information to assess the appropriateness of the product or service for you, we will similarly inform you that we are not in a position to assess appropriateness.

Subject to any specific instructions which may be provided by you, when executing client orders, we will take all reasonable steps to obtain the best possible results for you. The best possible results will be determined in terms of total consideration, that is, the price of the instrument and the costs related to execution which shall include all expenses incurred by you that are directly related to the execution of the order.

Other best execution factors such as speed of execution, likelihood of execution and settlement, size, nature or any other considerations relevant to the execution of a particular order may also be applied by us in order to obtain the best possible results for you.

Since we exclusively deal on own account in Financial Products this means that we act as the execution venue and accordingly all transactions entered into with us will be executed outside a regulated market stock exchange or multilateral trading facility. Monies deposited by you with us in advance of a trade or pending withdrawal is treated by us as clients' money.

We hold such monies in pooled or omnibus clients' money bank accounts opened with banks or other institutions "Institutions" , segregated from our own money. Such clients' money bank accounts may be opened with EEA Institutions or Institutions outside the EEA. Where clients money is held with non-EEA Institutions this means that such accounts will be subject to laws other than those of an EEA member state and your rights may differ accordingly. The Financial Products that we offer to deal in are contracts entered into between you and us.

Under these contracts and subject to the specific terms of the relevant contract, in consideration for the premium or price that you pay us, we promise to pay you a certain amount if the reference assets or measurements perform in a particular manner. These contracts accordingly are not instruments that we hold on your behalf and neither benefit from clients' assets protection in the event of our insolvency.

Similarly the premium or price that you pay to take out a trade is not held as clients' money but as consideration for our undertaking to pay. BIEL forms part of the Investor Compensation Scheme the "Scheme" which is a rescue fund for investors that are clients of failed investment firms licensed by the MFSA. Any other amount exceeding such threshold is not protected and will thus have to be borne by the investor.

Information about the data feeds used by our company, and how the data is processed before being fed into the system. Depending on the quality of the data feeds received from our feed providers, our servers might apply a tick filtering algorithm. The purpose of this filtering algorithm is to strip the feed of stray ticks. Stray ticks are ticks that manifestly fall outside of the current trading range of the market; such ticks are often due to communication delays with the exchanges or banks that provide quotes, human error, or database problems at any point between the originator of the quote and our servers.

The filtering algorithm may for example be similar to the "Bollinger Bands" volatility system - i. Depending on the quality of the feeds received from our feed providers, our servers might also apply a very short-term smoothing algorithm to the data feed.

This smoothing algorithm removes a little of the "random noise" surrounding the data feed, and ensures that clients who buy path-dependent contracts such as the one-touch or barrier-range contracts will not have their contracts knocked-in or knocked-out by random short-term market noise that does not reflect the true market price. Our data feed may at times differ slightly from other data feeds found on the internet who may themselves differ between each other.

Reasons for differences in feed providers include:. Our data feed is designed to be one of the best and most robust available for a trading environment. Please note that weekend quotes are ignored for the purpose of contract settlement. During weekends, the forex markets may occasionally generate prices, however these prices are often artificial traders sometimes take advantage of the illiquidity of the markets during weekends to push up or down prices. To avoid settling prices based on such artificial prices, it is Binary.

The personal information that we obtain about you assists us in servicing your account. We know you may be concerned about what we do with this information, and with financial information about your account. The following outlines our privacy practices. The Data Protection laws and regulations place obligations on users of personal data and lay down principles for fair and lawful processing of this information. We are committed to safeguarding your privacy online.

We only use your personal information to help us service your account, to improve our services to you, and to provide you with products you have requested. We do not sell your personal information to third parties, but we may provide your personal information to payment providers to facilitate transactions on your account. Your personal information is used primarily as a way of authenticating you as the proper owner of your account and as the person to whom withdrawal payments may be made, and to process trades.

We collect personal data relating to you directly from you when you fill in the account opening form. In the event of any doubt as to the authenticity of your account details or of any withdrawal request, the company reserves the right to request further authentication information as may be deemed appropriate under the circumstances.

The above personal data that we collect will be held by us and processed for any purpose as may be allowed by law or required by any law. We may also transfer such personal data to any company within the Binary Group of companies, any of our business associates or payment providers, whether in or outside of the EEA including in countries which might not offer an equivalent level of protection of personal data.

Please note that our website generates log files that record the IP addresses of accesses to your account. This information is gathered with the sole purpose of assisting in the unlikely event of a need to investigate accesses to your account by unauthorised users. Additionally we may verify certain of the information you supply in the account opening form, or otherwise, with third-party information providers. Please note that you may update your personal information at any time by logging into the "Settings" section of your account.

It is your responsibility to ensure that Binary. By using or interacting with the website, you are consenting to the use of the Google Analytics User ID Feature, which allows Google to capture your Binary. No other personally identifiable information other than your Binary. This information shall not be used, disclosed or processed in any other way at any time.

Access to your personal data is strictly prohibited with the exception of key personnel of the Company and only as needed in the performance of their duties. If the Company is legally required to disclose your personal or financial information by law, regulation or pursuant to the order of a court of competent jurisdiction or a governmental agency, the Company shall, unless legally prohibited, promptly notify you to that effect, in order to give you the opportunity to seek such protection for the information as it deems appropriate.

Such required disclosure shall not be construed as a breach of this Terms and Conditions Agreement. This website does not collect personally identifying information about you except when you specifically and knowingly provide it.

There is a technology called "cookies" which can be used to provide tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.

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If you do not accept the cookie, then you will need to input your loginID and password again at every form required to enter into the system. You are advised to choose this option if you have concerns about the security of your personal browser or PC. This website contains links to other websites and may contain banner or icon advertisements related to third-party websites. These websites and the advertisements thereof may submit cookies onto your web browser and as such are beyond our control.

We are not responsible for the privacy practices or the content of such websites.

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We encourage you to read the privacy policies of these websites, because their practices may differ from ours. Any changes in our privacy policy or security statement will be posted onto this website. In the event of material changes that directly affect the economic use of your personal information, we will request your prior authorisation in writing before effecting such change on your account. You also have the right to request from us to inform you about the personal data that we process about you and to request its correction where necessary.

This request must be made in writing to us and signed by you as the data subject. The materials comprising the website including without limitation all articles, text, images, logos, compilation, systems, code and design are Copyright Binary Group of companies. Such materials may be copied and distributed on a limited basis for noncommercial purposes only, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: These materials may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from a Binary Group company.

If you have questions about these terms or would like information about licensing materials from Binary Ltd. This notice provides you with information about the risks associated with investment contracts, which you may invest in through services provided to you through Binary. Binary Group provides a wide range of products including Binary Options relating to foreign exchange, indices, stocks and other investment products "Investment Products" and binary bets such as those relating to the Volatility Indices "Gambling Products".

Binary Investments Europe Ltd, Binary Europe Ltd, Binary IOM Ltd, Binary CR SA and all other Binary Group members are sometimes referred to collectively as "Binary.

This notice does not explain all of the risks involved in investments or similar products or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved before making a decision to enter into or sell an investment product or gambling product with us. If you are in any doubt about the risks involved with Investment Products or Gambling Products, you should seek professional advice. If you choose to enter into a Contract with us, it is important that you remain aware of the risks involved, that you have adequate investment resources to bear such risks and that you monitor your positions carefully.

Our services are provided on an execution only basis. We do not provide investment advice in relation to our products or services. We sometimes provide factual information or research recommendations about a market, information about transaction procedures and information about the potential risks involved and how those risks may be minimised. However, any decision to use our products or services is made by you.

You are responsible for managing your tax and legal affairs including making any regulatory filings and payments and complying with applicable laws and regulations. We do not provide any regulatory, tax or legal advice. If you are in any doubt as to the tax treatment or liabilities of Investment Products or Gambling Products available through Binary.

Investment Products to EEA Residents are provided by Binary Investments Europe Ltd "BIEL" which is authorised and regulated by the Malta Financial Services Authority under the Malta Investment Services Act to deal on own account in Investment Products.

Before we open an account for you to trade or invest in Investment Products with BIEL, we are required to make an assessment of whether the Investment Products or services you have chosen are appropriate for you, and to warn you if, on the basis of the information you provide to us, any such product or service is not appropriate. Any decision to open an account and to use our products or services is yours. It is your responsibility to understand the risks involved with our products or services.

During our application process, we may ask you for information about your background, experience as well your investment assets and earnings. We do not monitor on your behalf whether the amount of money you have sent to us or your profits or losses are consistent with that information. It is up to you to assess whether your investment resources are adequate for your investment activity with us and your risk appetite in the products and services you use. It is important that you monitor all of your positions closely.

It is your responsibility to monitor your positions and during the period that you have any open Contracts, you should always have the ability to access your Accounts. Whether you are able to claim depends on the type of business and your personal circumstances. You should not trade or invest in Binary Options unless you know and understand the features risks involved and you may lose all the money invested.

Binary Options can have only one of two possible outcomes and allow you to take a simple "Yes or No" approach. Like traditional options, Binary Options are based on an underlying asset such as currencies, commodities, indexes or stocks, however one of the most significant differences from traditional options, among others, is that there can be only two outcomes for the option, either the client is paid the return upon the occurrence of the event, or the client loses the investment amount as determined in each option.

Trading in Binary Options is speculative and involves a high degree of risk that can result in the loss of your entire investment. Therefore, trading in Binary Options is appropriate only for persons that understand and are willing to assume the economic, legal and other risks involved in such transactions. You should be satisfied that Binary Options trading is suitable for you in light of your investment circumstances and attitude towards risk before trading.

You should not engage in speculative Binary Options trading unless you understand the basic aspects of such trading and its risks. If you are in any doubt as to whether Binary Option trading is appropriate and suitable for you, please seek independent advice from a investment consulting professional.

It is your responsibility, taking into account your personal circumstances and investment resources, to take particular care and make careful considerations independently, both prior to applying to engage in Binary Options with Binary. Where you do not understand the risks involved in applying for a trading account with Binary.

If you continue to not understand the risks involved in trading in Binary Options, you should not trade at all. You are advised that the Binary Options offered by Binary. Consequently, engaging in Binary Options trading may expose you to substantially greater risks than investments which are so traded. Investing or trading in Contracts exposes you to the performance of the underlying or reference instrument or asset to which the Binary Contract refers including foreign exchange, indices, stocks and commodities each of which have their own features and risks.

Exchange rates between foreign currencies can change rapidly due to a wide range of economic, political and other conditions, exposing you to risk of exchange rate losses in addition to the inherent risk of loss from trading the underlying investment product.

If you deposit funds in a currency to trade Contracts denominated in a different currency, your gains or losses on the underlying investment therefore may be affected by changes in the exchange rate between the currencies.

There are other risks that relate to trading investment products and trading foreign currencies that cannot be described in detail in this document. Generally, however, securities, options and currency transactions involve exposure to a combination of the following risk factors: For example, there can be serious market disruptions if economic or political or other unforeseen events locally or overseas affect the market.

In addition to these types of risk there may be other factors such as accounting and tax treatment issues that you should consider. All opinions, news, research, analysis, prices or other information contained on this website are provided as general market commentary and do not constitute investment advice. There are risks associated with utilizing an Internet-based deal execution trading system, including but not limited to the failure of hardware, software and Internet connection.

The content on this website is subject to change at any time without notice and is provided for the sole purpose of assisting traders in making independent investment decisions.

Our costs and charges for depositing and withdrawing money are set out here. Please be aware of all costs and charges that apply to you because they will affect your profitability. This Risk Disclosure Statement is not exhaustive and is not intended to constitute a comprehensive statement of all the risks to which you might be exposed to and does not describe all risks inherent to forex and contracts for differences that exist now or which may arise in the future.

Its objective is rather to provide you with information for you to reasonably understand the risks associated with forex and contracts for differences offered by in our interest to provide you with the best possible trading experience. Forex and contract for differences transactions involve a high degree of risk and are speculative because they allow you to speculate on the short term movements of the price of the underlying financial instruments.

It is important for you to understand that in order to realise any value from your open positions, you would have to enter into a corresponding transaction to close your open positions and you may find it difficult or impossible to do so under certain market conditions.

Client orders are typically hedged when the total transaction volume exceeds a predefined threshold of risk tolerance level. For both execution models, acts as the contractual counterparty to the transactions that you enter into with us, as opposed to entering into a contractual counterparty with a central clearing house as would be the case with exchange traded financial instruments.

As such, counterparty risk exists. Leverage is expressed as a ratio. When you invest in a leveraged product, your profit or loss is based on the leveraged position, i.

Leverage can be used to generate returns that are of multiple times higher than the amount set aside from your account balance to open and maintain a transaction your margin. However, investments that have the potential to deliver greater investment returns carry higher levels of risk. This means that if the price movement is against your favour, you will suffer losses that are of multiple times higher than the amount set aside from your account balance to open and maintain a transaction your margin.

The leverage ratio refers to the number of times your margin the amount set aside from your account balance to open and maintain a transaction can be "leveraged" to enter into a Transaction. The denominator of the leverage ratio is always 1. As leverage is inversely proportional to margin, the lower the leverage you set for your Account, the higher the margin required to be set aside from your account balance your margin requirement. The system fills orders on a first-in-first out basis, i.

As a result, you may find it difficult or impossible to close a position at the intended price stipulated in your Stop Order during certain market conditions. The placement of Stop Order by you, though useful as a risk management tool, will not necessarily limit your losses to your intended amounts, in the event of highly volatile trading conditions, since market conditions may make it impossible to execute such orders and there is uncertainty about your possible exit price.

In short, a Stop Order is not guaranteed because it cannot operate whatever the market circumstances are. Trading forex and contracts for differences carries a high level of risk and does not monitor the open positions of your account on your behalf. It is your responsibility to monitor your Open Positions and understand the exposure of your Open Positions whilst ensuring that your exposure commensurate with your risk appetite.

Due to the cost associated with overnight open positions, you should consider investing in the market of the instrument in which you ordinarily transact in instead of investing in a CFD. Whilst we endeavour to open or close the Transaction to which your orders relate at the requested price, acting in accordance with our duty of best execution, there are times when, due to an increase in volatility or volume, orders may be subject to slippage.

The difference between the order price and execution price when orders are filled is known as slippage. This means that your order is not filled at the exact intended quoted price when you placed your order. Slippage is usually seen during periods of extremely high or low volatility and generally occurs during fundamental news releases or periods of limited liquidity. Slippages can result in either a positive slippage more favourable to you or a negative slippage less favourable to you.

Your forex and contracts for differences transactions with are linked to an underlying financial instrument and you will be exposed to price, currency exchange, interest rate or other volatility of the market to which your financial instrument is related to, especially if the market is of a jurisdiction that is foreign to you.

Forex and contracts for differences trading over the internet via an electronic trading platform is subject to data latency risk which may result in delays in order execution. We have a general duty to conduct our business with you honestly, fairly, and professionally and to act in your best interests when opening and closing Binary Options trades with you.

More specifically, when we enter into a Binary Option trade with you each, a "Contract" , we have a duty to provide you with 'best execution'. Best execution means that we must take reasonable steps to obtain the best possible result for you when executing an order with you. This document provides a summary of our best execution policy. You should note that our duty to provide you with best execution does not apply to any gambling products that you place with us, where there is no underlying financial market.

When we enter into Contracts with you, we will take all reasonable steps to achieve the best possible result for you by executing those Contracts according to our order execution policy and subject to any specific instructions received from you. Our order execution policy comprises a set of procedures that are designed to obtain the best possible execution result for you subject to and taking into account: Our policy cannot provide a guarantee, however, that when entering into Contracts with you, the price will always be better than one which is or might have been available elsewhere.

In relation to Contracts that you enter into with us, we act as principal and not as agent on your behalf and we therefore act as the sole execution venue for the execution of your Contracts. We are required to take a number of factors into account when considering how to give you best execution. We have rated price as the most important followed by: We have access to a number of different data sources in order to ascertain the market price, which is our objective view of the bids and offers available to arms' length traders.

In relation to some Contracts, at the time at which you give us an order there may be no functioning or open market or exchange on which the reference product is traded. In such cases, we set out to determine a fair underlying price based on a number of factors such as price movements on associated markets and other market influences and information about our clients' own orders. Where you give us specific instructions, including for example a specifying the price of a Contract with us or b specifying the price at which a Contract is to be closed, then those instructions take precedence over other aspects of our policy.

Our commitment to provide you with 'best execution' does not mean that we owe you any fiduciary responsibilities over and above the specific regulatory obligations placed upon us or as may be otherwise contracted between us. We will monitor the effectiveness of our order execution arrangements and order execution policy. We will assess from time to time whether the venues relied upon by us in pricing our Contracts on your behalf allow us to achieve best execution on a consistent basis or whether we need to make changes to our execution arrangements.

We will also review our order execution arrangements and order execution policy in respect of material changes either in respect of one of our chosen pricing venues or that otherwise affect our ability to continue to achieve best execution. Should there be any material changes to our order execution arrangements or order execution policy, we will notify you. Our Order Execution Policy the "Policy" sets out the overview and approach of how Binary.

The Policy is supplemented by Appendix A which provide further details to our considerations as they are related to differing asset classes. The accompanying Appendix A should be read in conjunction with this Policy. This Policy applies to retail and professional clients of Binary.

Best execution is the requirement to take all sufficient steps to obtain, when executing orders, the best possible result for you taking into account price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant hereinafter referred to as the "execution factors" to the execution of the order.

When we accept an order from you to open or close a transaction, or any other specific instructions in relation to your order, we will endeavour to follow your instructions as far as reasonably possible, acting in accordance with our duty of best execution in accordance with your instructions. These specific instructions include, but are not limited to:. Where a particular venue has been specified in your instructions with respect to the execution of an order, we will not be responsible for the venue selection.

Where a particular time or timeframe has been specified in a client's instructions with respect to the execution of an order, regardless of the price available, we will endeavour to execute the order at the specified time or over the specified timeframe in the best possible manner after taking all sufficient steps.

However, we will not be responsible for any consequences related to pricing that resulted from the time or timeframe of the execution. Aspects of a client order not affected by specific instructions are subject to the application of Binary. In the absence of specific instructions from our clients, we will exercise our own discretion in determining the factors that are required to be taken into account for the purpose of providing you with best execution, having regard to the execution criteria listed below:.

In executing orders on your behalf, Binary. The factor listed above are not listed in order of priority. Ordinarily, price will merit a high relative importance in obtaining the best possible result for you. However, the relative importance of the listed factors above may change in accordance with:. Our determination of the relative importance of the execution factors may differ from yours during certain circumstances, acting in your interest in accordance with our obligation of best execution.

When we deal on own account dealing desk , we act as principal and not as an agent on your behalf and we therefore act as the execution venue. Whilst we act as principal in respect of your orders, we also assess the execution venues that we use and upon which we place significant reliance to provide the best possible result for the execution of your orders.

All client orders are processed on a first in first out basis without any manual intervention.

binary options terms conditions

When executing your order, Binary. Exposure limits are established based on internal governance arrangements and risk management framework which commensurate with the size, nature, complexity, and risk profile of our activities. These exposure limits are used as benchmarks to distinguish orders that are auto-accepted and orders that will be worked in the market with fill level passed on to the client.

For features and trading illustration of Spot FX offered by Binary. This policy is an appendix to the overarching Binary. The smart aggregation method works by:. By default, the intelligent order routing system ensures that the top of the book is always comprised of the best bid and offer rates quoted by the competing liquidity providers. However, during times of market illiquidity, this may change with likelihood of execution being the primary execution factor.

Depending on the level of risk that we are exposed to acting as your counterparty, we largely act in a principal capacity of your trades.

As such, the execution venue will usually be Binary. However, we may transmit your order to third party liquidity providers, in which case we will determine the execution venue ourselves on the basis described above.

The execution venues are assessed, on a regular basis, whether the they provide for the best possible result for our clients. This website is marketed in the UK and Isle of Man by Binary IOM Ltd. This website is marketed in the rest of the EU, for investment products by Binary Investments Europe Ltd.

This website's services are not made available in certain countries such as the USA, Costa Rica, Hong Kong, or to persons under age Trading binary options may not be suitable for everyone, so please ensure that you fully understand the risks involved.

Your losses can exceed your initial deposit and you do not own or have any interest in the underlying asset. In regards to binary options which are gambling products, remember that gambling can be addictive - please play responsibly.

Read about Responsible Trading. You're using a Virtual Account. Get Started Get Started Tour Tour Platforms Trade. Trade Trade Portfolio Profit Table Statement Cashier Resources Asset Index Trading Times Shop Payment Agent. Get Started Get Started Tour Tour Trade Trade Portfolio Profit Table Statement Cashier Resources Asset Index Trading Times Shop Payment Agent Platforms Trade.

Terms and Conditions Binary. Terms and Conditions Binary Options MetaTrader Data Feed Security and Privacy Copyright Risk Disclaimer Binary Options MetaTrader Order Execution Binary Options MetaTrader. Terms and Conditions Version Interpretation The term "the Company" shall denote either Binary IOM Ltd. Introduction The financial trading services contained within this site are only suitable for Clients who are able to bear the loss of all the money they invest and who understand and have experience of the risks involved in the acquisition of financial contracts.

Due to such volatility, plus the bias in the pricing system favouring the website as described in more detail below , no financial contract purchased in our system whether or not the payout exceeds the premium amount can be considered a safe contract The maximum loss that may be incurred by any Client is the amount of money paid by oneself to the Company.

Languages These Terms and Conditions, for the convenience of our Clients are provided in several different languages; however, these translations do reflect the same principles. Governing Laws and Jurisdiction Laws regarding financial contracts vary throughout the world, and it is the responsibility of persons accessing this site to ensure that they understand and fully comply with any laws or regulations relevant to themselves in their own country. Contracts The Company does not provide a market amongst or between Clients for investments, securities, derivatives or speculations.

Client's Liability Clients agree to be fully and personally liable for the due settlement of every transaction entered into under their account with the Company. Customer Funds Money collected from Clients are not invested in any securities, futures, currencies, derivatives or other investments, on behalf of Clients. Prohibited Trades The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, Clients who engage in any trading activity: It is a condition of using the website that: Fraud and Money Laundering No person shall abuse this site for the purpose of money laundering.

Company's Right The Company reserves the right to suspend the operation of this site or sections thereof: Liability The Company will not be liable in any way to any persons in the event of force majeure, or for the act of any Government or legal authority or for the failure of or damage or destruction to, its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.

Marketing and Promotion The Company may from time to time inform you about changes on the website, new services and promotions. Account Opening You may only open an account at this site on condition that: Account Closure You may choose to contact us to close your account held with the Company. Trading Rules The Company may impose certain rules and restrictions in relation to the placing of market orders on this website.

Trading Limits The Company may impose volume trading limits on Client accounts in its sole discretion. Deposit Bonus This bonus will be processed and credited to a client's account when: The required minimum deposit has been made by the client AND The client has reached a turnover that is 5 times the bonus amount Both the deposit and the bonus amounts are clearly displayed when this type of promotion is available.

Clients may avail of this bonus only when a real money account is opened. This offer cannot be used in conjunction with any other offer. Free Bonus The bonus code can only be entered and activated upon account opening. It will be released to your account upon approval.

This promotion is only available to new Clients. Existing or former Clients do not qualify. It is only available once to each Client. You may withdraw the bonus amount once you have exceeded an account turnover of 25 times the bonus amount value. Where an account is funded solely by means of a bonus code, the bonus amount plus any winnings can not be withdrawn until you have exceeded an account turnover of 25 times the bonus amount value.

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The maximum amount of winnings allowed on such accounts shall be 25 times the amount of such bonus amount. The Company reserves the right to change any part of this Agreement at any time. We will endeavour to ensure affiliates are notified when changes have been made to this Agreement, but it is ultimately your responsibility to check these terms and conditions regularly. Your continued participation in our affiliate program after we have posted the changes will constitute binding acceptance of such changes.

Acceptance By indicating your acceptance of these terms and conditions and continuing with your application to join our affiliate program, you are agreeing to the terms and conditions set out in this Agreement. If you do not agree with the terms and conditions or are not authorised to do so , you should not continue with your application.

The Company will, at its sole discretion, determine whether or not your application has been successful. The Company's decision is final and is not open to appeal. The Company will notify you by email if your application has been successful.

The Affiliate's Obligations Comply with the applicable laws, rules, and regulations including, but not limited to, advertising, data protection and privacy laws, rules, and regulations of the jurisdiction s in which you operate or target your business. Ensure that any historical trading records and performance figures presented to your referrals related to trading on the website Binary.

All affiliate activities must be conducted in a professional and proper manner. You shall be expected to act with good faith and integrity in your relationships with your referrals, and always act in the best interests of your referrals.

You shall avoid disclosure or unauthorized use of any confidential information that may come to your knowledge or possession to third persons or external parties.

You shall not target any of your marketing, advertising, and promotional activities to any persons under the age of 18 years old. You shall not hold or pool your referrals' funds or third party funds into your own account held with Binary.

You shall not resort to high-pressure sales tactics or false promises. You shall not encourage your referrals to make deposits or place any trades where the purpose of that action is whether in whole or in part to increase affiliate commissions rather than to benefit your referrals' trading performance and profitability. You shall not place trades on your referrals' behalf.

You shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company's trademarks or trade names that include the word "Binary.

Neither you, your direct relatives, or any persons you control are eligible to become clients, and you shall not be entitled to any share of net revenue or any other remuneration from the Company in relation to such relatives, friends, or controlled persons.

You shall not develop and implement marketing, advertising, and promotional activities which infringe any applicable laws, rules, regulations, or codes of practice relating to marketing, advertising, and promotional activities applicable under the authority of any regulatory body of the jurisdiction s in which you operate or target your business.

In the event that the Company is aware of an Affiliate who is in breach of any of the above provisions, the Company shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to immediately block the Affiliate's access to this Program. The Affiliate hereby irrevocably waives its rights to, and shall indemnify the Company and any member of the Binary group of companies for, any claim or demand made against the Company or any member of the Binary group of companies, their directors, officers, shareholders, employees or against the Binary.

The Company's Obligations You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this paragraph.

The Company will provide advertising collaterals with links containing affiliate IDs which may be modified by us from time to time. With regards to tracking your referrals accessing Binary. However, the Company shall not be liable to you in any way if the Company is unable to identify a client as originating from your referral. Only properly tagged clients can be assigned to you. It is your responsibility to ensure that all links are properly tagged.

The Company shall be entitled to exercise any of its rights or fulfill any of its obligations hereunder including, but not limited to, its payment obligations through any member of the Binary group of companies. The Company reserves the right to void, delay, or withhold payment of commission fees to you in situations including a suspected breach of a law or a breach of the terms and conditions of this Agreement.

The Company may change the commission structure at any time at its sole and absolute discretion. We will endeavour to ensure affiliates are notified when changes have been made to the commission structure. Ownership Ownership and content of the Binary. Ownership, content, and liability of the Affiliate's websites are the sole responsibility of the Affiliate.

You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website. You will indemnify and hold us harmless from all claims, damages, and expenses including, without limitation to, attorneys' fees relating to the development, operation, maintenance, and contents of your website.

When the Affiliate's referred clients open an account with any member of the Binary group, we assume ownership of the database of names and contact information and any other data of the Affiliates' referred clients. Spam - We do not condone Spam Any form of Spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account.

You need to be aware that Binary. In this instance the amount determined will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by yourself as fair and reasonable and as agreed to by registration as an affiliate of Binary.

Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment, for example: Payments The Company shall pay you the currently published percentage of net revenues as detailed on the commission page of your affiliate account received during the term of the Agreement.

The affiliate commission payments due shall only be for bona fide client referrals and the Company reserves the right to disregard duplicate accounts or nominee accounts that the Company sees as non-bona fide clients, at its sole discretion. The Company shall provide you with statements accessible through an electronic system detailing the revenues generated by clients you have referred, if any, which have accrued to you over the course of the calendar month.

Such statements shall be updated daily. At the end of a calendar month, the Company shall record your total share of Net Revenues, if any, during the previous calendar month. In the event that a revenue share in any calendar month is a negative amount, the Company shall be entitled but not obliged to carry forward and set off such negative amount against future revenue shares which would otherwise be payable to you.

However, the Company shall also be entitled but not obliged to zerorise the negative balance that would otherwise be carried forward. Payment of commission earned for the previous calendar month will be made monthly, on or around the 15th day of each month, and may be credited to any payment method as agreed between the Company and the Affiliate.

If an error is made in the calculation of your share of the revenue share, the Company reserves the right to correct such calculation at any time, and to reclaim from you any overpayment made by the Company to you including, without limitation, by way of reducing future payments earned, revenue to cover any processed chargebacks before you can start earning revenue again.

In special cases, the Company reserves the right to exclude revenue sharing on promotional funds deposited into the client's account by the Company. Should any client for whom you are receiving commissions process a chargeback, the Company reserves the right to deduct the commission portion of the chargeback from the total balance due to you for the current month.

Should this deduction of the accumulated revenue exceed your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the chargeback before you can start earning revenue again. The Company reserves the right, in special cases, to exclude revenue sharing on promotional funds deposited into the client's account by the Company.

Commissions will be earned throughout the life of the client, on all transactions the client undertakes at the merchant, for as long as you, the Affiliate, remain a member of this affiliate program. The company reserves the right to cancel the commissions that are not reclaimed after 2 years.

You are not allowed to rebate any part commission payment onto your referrals and should the company realise you are engaged in such actions; your affiliate account shall be revoked immediately. Warranties Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the term of this Agreement all right, title, and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement, and to perform all of its obligations under this Agreement.

You represent, warrant, and undertake that you have obtained and shall maintain all necessary licences and consents to operate within any laws, rules, and regulations applicable under the authority of any regulatory body of the jurisdiction s in which you operate or target your business. You represent, warrant, and undertake that your website or promotion shall contain no material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive, or otherwise controversial or in breach of any third party rights and shall not link to any such material.

Disclaimer The Company makes no claims that the Binary. The Company provides the Binary. Indemnity and Liability You shall indemnify on demand and hold the Company harmless from, and against any and all losses, demands, claims, damages, costs, expenses including, but not limited to, consequential losses, loss of profit, and reasonable legal costs, if applicable , and liabilities suffered or incurred, directly, or indirectly, by the Company in consequence of any breach, non-performance, or non-observance by you of any of your obligations or warranties under this Agreement.

The Company shall not be liable to you in contract, or otherwise including liability for negligence for any loss, whether direct or indirect, of the Affiliate's business, revenue or profits, anticipated savings, or wasted expenditure, corruption, or destruction of data or for any indirect or consequential loss whatsoever. Termination This Agreement may be terminated forthwith by either party on written notice to the other party if the other party is in material breach of the terms of the Agreement and, in the event of a breach capable of being remedied, fails to remedy the breach within 15 days of receipt of notice in writing of such breach.

Either party may terminate this Agreement forthwith on written notice if a receiver, examiner, or administrator is appointed of the whole or any part of the other party's assets or the other party is struck off the Register of Companies in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up of the other party unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of that party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement.

Either party may terminate this Agreement on delivery of one weeks' prior written notice to the other party. Termination for Causes If: The Company receives a complaint which could have involved the Alternate Dispute Resolution entity, or the Company believes that you, the Affiliate, is in breach of any laws, rules, and regulations that may be relevant or applicable to the jurisdiction s in which you operate or target your business; The information provided during the sign-up process warranted by yourself to be true and correct is determined by the Company to be false or incorrect during the term of this Agreement; You have not obtained and have not maintained all necessary licences and consents to operate within any laws, rules, and regulations applicable under the authority of any regulatory body of the jurisdiction s in which you operate or target your business; Termination of this Agreement shall not prejudice any rights of any party which may have arisen on or before the date of termination.

General This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes all previous agreements and understandings between the parties with respect to its subject matter. No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.

If any provision of this Agreement is held to be void or unenforceable in whole or part, the impugned provision or part thereof shall be deemed to be deleted from this Agreement and the remaining provisions including the remainder of the affected provision shall continue to be valid and applicable. Any notice given or made under this Agreement to the Company shall be by email to affiliates binary. The Company shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to the Company.

Any disputes, controversy, or claims that arise out of or relating to this Agreement against the Company will be referred to and finally determined by an arbitration firm selected by the Company. The language to be used in the arbitral proceedings will be English.

Judgement upon the award rendered by the arbitrator s may be entered in any court having jurisdiction thereof. You are also responsible for any and all costs related to such arbitration. Our "Website" means Binary.

About Us and these Terms You agree that by developing on the Binary. By registering a software application, website, or product you create or a service you offer an "Application" , you acknowledge that you have read and understood and agree to be bound by these terms. If you are developing on our API on behalf of a company or other entity, you represent and warrant that you have full legal authority to register an Application on behalf of that entity and bind it to these Terms.

If you are not authorized, you may not accept these Terms or register an Application for someone else. Limited License Grant As long as you follow these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable, terminable license to use the Binary.

Agreement Restrictions You agree that you will not: Scope and Intent This Agreement governs your use of our API unless you have executed another agreement with the Company that expressly governs your use of our API. You may develop Applications using the Binary. Storage of Content You are not allowed to store any Content such as feed data.

You may store the Application-specific alphanumeric user IDs provided "API Tokens" or the authentication tokens provided via Open Authorisation Standard "OAuth Tokens". You may cache the Content for up to 24 hours from a request for that Content through the Binary. If this Agreement is terminated for any reason, you must permanently delete all Content, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.

Usage Limit The Binary. These usage limits may be changed in the future without notice. If you consistently exceed the usage limit or otherwise abuse the service, we may block your access to the Binary. Follow the Law and These Terms Legal Compliance You represent and warrant to the Company that, excluding the Content, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use or promotion of your Application will not violate the rights of any third party e.

Compliance with and Amendments to These Terms You must comply with these Terms in order to use the Binary. We reserve the right to modify, supplement, or replace these Terms at any time.

Any material changes will be notified to you. Your continued registration with the Binary. Other Obligations You and your Application must also comply with the following, which are hereby incorporated by reference: If you are an affiliate of Binary. In the event of any conflict between the content in this document and the above documents, this document controls your use of the Binary. If you disagree with any of the provisions in these Terms, do not access or use the Binary.

Your use of the Binary. Our trading platform is protected under patent and our website, including its content, is protected by copyright laws, and will remain our exclusive property, as applicable. Except for the license granted in this Agreement, the Company does not grant you any right, title, or interest in the Binary.

You agree to take such actions as the Company may reasonably request to perfect the Company's rights to the Binary.

Your Property Except to the extent your Application contains the Binary. During the term of this Agreement, you grant us a royalty-free, non-exclusive, worldwide, irrevocable right, under all of your intellectual property rights, to: Publish your name and logo with or without a link to your Application on our website, in press releases, and in promotional materials without additional consent; Use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to our clients; and Link to and direct our clients to your Application.

Contributions to the Binary. The Company is not under any obligation of confidentiality with respect to the Contributions; The Company may use or disclose or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; You irrevocably, non-exclusively license to the Company rights to use your Contributions; and You are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.

Improvements You also acknowledge that Binary. You hereby assign and transfer to the Company all of your right, title and interest in and to any modifications or derivative works of the Binary. You shall not take any action to jeopardise, encumber, limit or interface in any manner with Binary. Any components, parts, or mechanics of any system or API program derived from the Binary.

Further, you will not, at any time, contest or assist any other third party in contesting the rights of Binary. Revisions to the Binary. Your continued use of the APIs following a subsequent release will be deemed your acceptance of modifications.

You shall discontinue your use of all prior versions of the Binary. While it is the Company's intention that the revised Binary. The Company may change, suspend, terminate or discontinue any aspect of the Binary. Limitations on Liability The use of the Binary. Except to the extent that liability under any applicable law or regulation cannot be excluded: The Company is not liable for loss or damage of any kind whatsoever arising as a result of information or prices published on or furnished through the Binary.

Disclaimers Warranty Disclaimer The Company provides the Binary. To the fullest extent permissible under applicable law, the Company disclaim any and all warranties and representations, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement.

The Company does not guarantee that the Binary. In particular, the operation of the Binary. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.

Furthermore, the Company disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Binary. Security Disclaimer You acknowledge and agree that you are solely and exclusively responsible for the control, operation and security of transactions and communications made through its access to or use of the Binary.

You acknowledge that there are risks associated with utilizing an internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and internet connections.

You acknowledge that the Company does not control signal power, its reception or routing via the internet, configuration of your equipment or reliability of its connection, and the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the internet using the Binary.

Indemnification You shall be solely responsible for, and shall indemnify and hold the Company free and harmless from, any and all third party claims, damages or lawsuits including, but not limited to, consequential losses and loss of profit, the Company's reasonable legal costs and expenses if applicable: You or your employees' or agents' acts or omissions, including yours or their breach or alleged breach of these Terms; Your breach of any of Binary.

Confidentiality You acknowledge that, in the course of dealing under these Terms, you may obtain confidential information relating to the Company and its parent, subsidiaries, affiliates or other third party.

Such confidential information shall belong solely to the Company. Security You must promptly report any security deficiencies in, or intrusions to, your Application that you discover to Binary. You will work with Binary. In the event of any security deficiency or intrusion involving the Application, APIs or Content, you will make no public statements e.

Right to Terminate At any time and for any reason or no reason, the Company, in its sole discretion, may: Terminate your use of the Binary. You may terminate this Agreement at any time, but only by giving the Company a minimum of seven days written notice. You are in default or breach of any covenant, obligation or condition contained in this Agreement, and if such default is not cured within seven days of receipt of written notice from the Company; Your use of the Binary.

Effect of Termination Upon the expiration or termination of this Agreement, for whatever reason, all rights and license granted to you in this Agreement, including use of the Binary. You agree to promptly cease all further use of the Binary. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not act as a release of your liability for breach of its obligation under this Agreement.

The Company shall not be liable to you for damages of any kind solely as a result of terminating this Agreement in accordance with its terms. General Provisions Severability If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of these Terms will not be affected in any way.

If you are entering into this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. You may not assign rights granted in this Agreement without the Company's prior written approval. Complaints and Disputes If you would like to file a complaint with regards to our service, kindly contact us providing any relevant details relating to your complaint.

It is important that you refer your disputes to the appropriate ADR for the claims to be valid. Conflicts Policy We provide here a summary of the policy we maintain in order to manage conflicts of interest in respect of the duties we owe to our clients. General It is understood that Binary Group companies, as trading counterparty, have an interest, relationship or arrangement that is material in relation to any trade effected on behalf of you and it is agreed that any company so interested shall be entitled to retain any benefit or profit received and shall not be liable to account therefore to you by reason only of such conflict.

Our Policy We aim to keep a record of the kinds of activity we carry on in which a material conflict could arise or has arisen. Supplementary Terms and Conditions for Financial Products offered by Binary Investments Europe Ltd. About Us and our Regulator BIEL is a company established in Malta under registration number C and having its registered office at Mompalao Building, Suite 2, Tower Road, Msida MSD, Malta.

Restrictions Citizens of Afghanistan, Belgium, Bosnia and Herzegovina, Iraq, Lao PDR, Syria, Uganda, Vanuatu or Yemen shall be restricted from opening an account with Binary Investments Europe Ltd. Client classification Under the Rules, clients may be categorised into one of the following three categories: Retail Clients Professional Clients Eligible Counterparty The level of protection offered and due to each client depends on the category to which each client is assigned.

Appropriateness Test In the course of provision of services we shall, where applicable, conduct an appropriateness test in order to determine whether, in our view and on the basis of the information provided by you, you have the necessary knowledge and experience in the investment field to understand the risks involved in the specific type of product or service offered or demanded.

Best Execution Policy Subject to any specific instructions which may be provided by you, when executing client orders, we will take all reasonable steps to obtain the best possible results for you.

The full version of our best execution policy is available on request. Clients' Money Monies deposited by you with us in advance of a trade or pending withdrawal is treated by us as clients' money.

Investor Compensation Scheme BIEL forms part of the Investor Compensation Scheme the "Scheme" which is a rescue fund for investors that are clients of failed investment firms licensed by the MFSA.

Terms and Conditions Trading Rules Deposit Bonus Affiliate Program API Complaints and Disputes Conflicts Policy BIEL Terms Accept Terms and Conditions. Terms and Conditions Version 4. Introduction and Scope of Agreement The term 'we', 'us', 'our', 'ours', 'the Company', or 'Binary.

You understand that products based on a random number generator the "Volatility Indices" are gambling products whereas products based on financial market indices forex, stocks, commodities are financial instruments. All products traded on margin carry a high degree of risk and can result in losses as well as profits that exceed your initial deposit. The margin trading services described in this Agreement is not suitable for everyone.

You acknowledge that the margin trading services described in this Agreement is designed for clients who are knowledgeable and experienced in the types of transactions described in this Agreement and you fully understand the associated risks before entering into this Agreement with us.

You should not sign up to receive the margin trading services described in this Agreement unless you understand their nature and the associated risks. This Agreement is supplied to you in English. In the event that there is a difference between the English version and any translated versions of this document, the English version shall prevail. We will not be made responsible for any damage or loss caused by an error, inaccuracy, misunderstanding or misspelling with regards to the translations.

Commencement and Cancellation This Agreement will commence on the date you receive your Real Account number, and, for any new versions thereafter, on the date the new versions are published on our website. Provision of Services Under no circumstances shall we provide investment advice or recommendation to you or state an opinion in relation to a Transaction.

From time to time, we may decide to provide you with written information, which we may publish on our website or provide to you in any other manner. We will endeavour to ensure the accuracy and completeness of this written information but it will not constitute investment advice or recommendation provided by us to you. The provision of the margin trading services described in this Agreement is not available in the European Union. We will hold you responsible for all your obligations under this Agreement in our course of providing the margin trading service described in this Agreement to you, even if you notify us that you are acting as the agent of an identified principal.

Account Management Opening an Account To open a Real Account, you must have an authenticated Binary Options Real Account with Binary. A Real Account cannot be opened in the absence of a Binary Options Real Account.

Your Binary Options Real Account with Binary. By opening a Real Account with Binary. You are acting for your sole benefit, and not for, or on behalf of any other person; You have read this Legal Terms and Conditions page in full and understood that you will be buying and selling financial contracts subject to these terms and conditions; You have read our privacy statement and hereby give us consent to process your personal information as outlined there; You are over 18 years of age; You are not resident in a restricted country such as Afghanistan; Bosnia and Herzegovina; Costa Rica; any European Union country; Lao PDR; Syria; Uganda; Vanuatu; Yemen; USA; Japan; Hong Kong; Malaysia; Malta; Iran; North Korea; Jersey; Iraq; Israel; or any other restricted country as the Company may decide from time to time at its sole discretion; You have sufficient experience and knowledge in matters of financial trading to be capable of evaluating the merits and risks of acquiring financial contracts via this site and have done so without relying on any information contained in this site.

We reserve the right to refuse your request to open a Real Account for any reason, and any Real Account may be closed at our discretion at any time. Assessment of Appropriateness In the course of provision of services, we may, where applicable, conduct an appropriateness test, in accordance with our regulatory obligations, in order to determine whether, in our view and on the basis of the information provided by you, you have the necessary knowledge and experience in the investment field to understand the risks involved in the specific type of product or service offered or demanded.

In accordance with applicable regulatory requirements, where we do not manage to obtain sufficient information to assess the appropriateness of the product or service for you, we will similarly inform you that we are not in a position to assess appropriateness.

Fund Transfers Funding of Real Account Your Real Account shall be funded by transferring funds from your Binary Options Real Account, subject to the availability and sufficiency of funds in your Binary Options Real Account. No fund transfers shall be made to any other account in the name of any third party.

All fund transfers from your Binary Options Real Account to your Real Account must be made by you. You acknowledge and accept that your Real Account will be maintained in one currency, which is the same currency maintained in your Binary Options Real Account.

There will be no charges for fund transfers from your Binary Options Real Account to your Real Account. Withdrawal of Funds from Real Account Subject to the availability and sufficiency of funds in your Real Account, you may withdraw your funds from your Real Account to your Binary Options Real Account.

We may, however, withhold your withdrawal request from your Real Account to your Binary Options Real Account, in whole or in part, if: Withdrawal of funds from your Real Account must be made in the same currency maintained in your Binary Options Real Account.

Accounts with debit balance i. You acknowledge and agree that you will not be dealing with us on credit, regardless of the amount of your Account Balance and Transactions entered into with us. Accounts with debit balances are required to settle the full amount immediately by making a payment to us. If you fail to immediately make a full settlement of the sum due to us in accordance with this Agreement, we reserve the right to accrue interest on the sums due from you to us in respect of any Transaction that you fail to pay on the relevant due date.

Interest will accrue on a daily basis from the relevant due date until the date on which payment is received in full at the bank's official base rate for short term funds determined by us, and will be payable on demand. Account Security We are committed to making sure your personal data and transactions are secure: Your Real Account password and login ID are unique and passwords are hashed so that not even Binary.

This is the reason why we cannot retrieve your password and have to issue you with a new one to your email address if you cannot recall it; It is your responsibility to keep your password and login ID confidential. We also monitor account activity for signs of unusual activity that might indicate fraud and work with collection agencies and low-enforcement agencies to address fraud issues. Closing an Account If you wish to withdraw funds from your Real Account and close your Real Account, you may notify us by contacting our helpdesk at support binary.

Your Real Account may be closed if you do not have any Open Positions and all amounts due to us have been settled.

Subject to network latency, we endeavour to execute your Order within a reasonable time from the time you triggered the Order, at the Price nearest to your specified Price. We endeavour to open or close the Transaction to which your Order relates at the price reasonably available to us, acting in accordance with our duty of best execution.

Best execution means that we must take all sufficient steps to obtain, when executing orders, the best possible result for you, taking into account the price, costs, speed, likelihood of execution and settlement, size, nature, or any other consideration relevant to the execution of the order.

Our Prices are determined by reference to the price of the underlying instrument which is quoted on external exchanges or dealing facilities that we select at our discretion. Our IT infrastructure and price aggregator system facilitates the reception of quotes from shortlisted prime brokers who act as liquidity providers for us and the delivery of the quotes, derived with reference against relevant benchmark and markets, to you.

You acknowledge that our Prices may differ from the bid and offer prices made available by external exchanges or dealing facilities and we are not liable for any losses that you incur arising from such differences.

This clause does not apply to Volatility Indices. Stop and Limit Orders We may, at our absolute discretion, accept a Stop Order or a Limit Order from you. We may enable other types of Orders for example, a trailing stop order for your execution at any point in time.

You may specify your instruction of a Stop Order or a Limit Order may be applied for a limited duration or for an indefinite period a "good till cancelled" or "GTC" Order. You may not cancel or amend the level of your Stop and Limit Order prior to the closing of your Transaction once the level has been reached. You acknowledge that a Stop or Limit Order placed on your Open Position, when executed, would be capable of closing or partly closing your Transaction.

You also acknowledge that it is your responsibility to cancel the Stop or Limit Order that you placed on your Open Positions if you do not want the Stop or Limit Order to remain valid. If you close your original Transaction and fail to cancel the Stop or Limit Order, we shall be entitled, at our absolute discretion, to treat the Stop or Limit Order as an instruction to enter into a new Transaction for you if and when our quote reaches or goes beyond the level of the Stop or Limit Order.

You acknowledge that we reserve the right to establish a minimum and maximum transaction size which may be subject to alteration and that we will only execute Orders that fall within the range of the minimum and maximum transaction size.

We may, at our absolute discretion, disregard your Order if an Event takes place resulting in it no longer being reasonable for us to act on your Order after indicating an acceptance of your Order. Margin General Provisions Prior to placing an Order which results in opening a Transaction or increasing an existing Open Position, you acknowledge that it is your responsibility to ensure that your Account's Free Margin is sufficient to cover the Margin required in relation to the open Transaction the "Margin Requirement" , and to continuously meet the Margin Requirement.

Throughout the duration of the Transaction and for as long as the Transaction is open, you are required to maintain a sufficient Account Equity to cover any Margin Requirement. If your Account Equity is less than the Margin Requirement in relation to the open Transaction you wish to create, you have entered into a Margin Call and you are required to fund the shortfall immediately.

You may not be able to place an Order to open a Transaction until the shortfall has been funded and there is sufficient Account Equity to cover the Total Margin. You acknowledge that it is your responsibility to monitor your Account Balance and Margin Requirement and we are not under any obligation to keep you informed i.

Margin Requirement and Calculation The Margin Requirement is a percentage of the value of the Open Positions and will continue to fluctuate in accordance with the value of the Open Positions throughout the duration of the relevant contracts the "Contract Value". We may modify Margin Requirements for any Open Positions or new Transactions entered into, at our sole discretion. Formulas for Margin Requirements published on the website are indicative only and may be changed by the Company at its discretion at any time, due to changing market conditions or other factors.

Whilst we endeavour to close out your Open Positions if and when the Margin Level for your Real Account reaches or falls below the Stop Out Level, we do not guarantee that your Open Positions will be closed when the Margin Level for your Real Account reaches the Stop Out Level. Stop Out Level If the Margin Level for your Real Account reaches or falls below the Stop Out Level, this will be classified as an Event of Default.

In such circumstances, Open Positions are automatically closed in the following order: The default Stop Out Level applicable to your Account is published on our website. However, the default Stop Out Level is subject to alteration at our absolute discretion. Any changes to the Stop Out Level will take effect immediately. We will endeavour to notify you of an alteration to the default Stop Out Level by publishing the revised default Stop Out Level on our website.

It is your responsibility to check our website regularly and remain informed about the default Stop Out Level. The Stop Out Level applicable to your Real Account may differ from the default Stop Out Level published on our website.

Margin Payment You may make Margin Payments by transferring funds from your Binary Options Real Account to your Real Account. In the event that there are insufficient funds in your Binary Options Real Account to fund your Real Account, you may make Margin Payments by funding your Binary Options Real Account and transferring the funds from your Binary Options Real Account to your Real Account.

Margin Payments are due immediately and shall be received in full by us. Regulatory Provisions Potential Conflicts of Interest The margin trading services described in this Agreement are conducted over the counter.

This means that the market in one or more of the instruments which you ordinarily transact with us, though quoted on an exchange, are not traded on an exchange when transacted through the electronic trading platform as described in this Agreement.

You acknowledge that the Company will determine, at its discretion, the Transactions that will be kept in the Company's own book known as B booking and the Transactions that will be passed through to the prime brokers who act as liquidity providers for the Company known as A booking. At any point in time, we may be entering into or may have entered into transactions with a large number of clients, each of whose interests may diverge from those of other clients.

Whilst we endeavour to take all reasonable and sufficient steps, as required by applicable laws and regulations, to identify potential conflicts of interests between ourselves and our clients, or between one client and another, that arise in the course of providing the margin trading services as described in this Agreement, by establishing and implementing policies and procedures, it is possible that we may execute certain Transactions which may have other direct or indirect material interests.

Given our role as a margin trading service provider as described in this Agreement, we seek to avoid undue market influence to the extent consistent with your trading needs and our risk management policies and procedures. By continuing to use the margin trading services described in this Agreement, you acknowledge that you are aware of the potential conflict of interest disclosed that may arise and cannot be completely eliminated, and you consent us to act notwithstanding such potential conflict of interests.

Client Money Money collected from Clients are not invested in any securities, futures, or other investments, on behalf of Clients. The Company is not a financial institution.

Clients will not receive interest on deposits. Personal Data and Privacy You acknowledge that we may use, store, or otherwise process personal information provided by you in connection with the provision of margin trading services described in this Agreement.

You consent to the processing and transmittal of your personal information for the purposes of performing the contract and administering the relationship between you and us. You consent to us recording any telephone conversation between you and us.

All instructions receive by telephone will be binding as if received in writing. Recorded telephone conversations between you and us shall be, and remain, our sole property. You will accept recorded telephone conversations between you and us as conclusive evidence of instructions or conversations so recorded and we may deliver copies of transcripts of such recordings to any court, regulatory, or governmental authority without seeking prior consent from you.

We may or may not use your personal information to contact you at any reasonable time as part of our marketing activities. You authorise us to contact you by email or telephone to give you information about selected products and services offered by us.

Your consent for us to use your personal information for this purpose applies to the period you have a Real Account with us and after you close your Real Account. Please advise us in writing if you do not wish your personal information to be used for such purposes. Confidentiality The personal information that we collect and hold is treated as confidential. Confidential information will not be used for any purpose other than in connection with the provision of the margin trading services described in this Agreement.

Confidential information will only be disclosed as and when required by law. We may also disclose such personal information to: Complaints and disputes If you would like to file a complaint with regards to the margin trading services described in this Agreement, kindly contact us by providing the relevant details related to your complaint. We will usually provide a final response within one to two weeks and at most within two months from the receipt of all relevant details.

If your complaint relates to an outcome of a Transaction and remains unresolved, it will turn into a dispute. Should you be unsatisfied with our response, you can choose to escalate your complaint to an alternative dispute resolution entity. Clients registered with any Binary Group company, and in particular with Binary V Ltd. Quotes Quote Provision A higher figure higher to you representing our offer price and a lower figure lower to you representing our bid price for each Transaction shall be quoted to you upon your request.

The difference between our bid and our offer price will comprise of the market spread where there is market for the underlying instrument and our spread being our charge to you. The minimum spread which is comprised of the market spread and our spread published on our website is subject to alteration, at our absolute discretion.

You acknowledge that whilst we endeavour to maintain a competitive spread, both market spread and our spread may widen significantly in some circumstances and such figures will be determined by us at our reasonable discretion. No commission is charged on any Transactions. Trading Transactions Opening a Transaction A Transaction is opened by either executing a "Buy" or "Sell" Order based on a specified number of lots volume that constitute the underlying instrument of the relevant market.

Any Transaction opened by you must be within any credit or position limit in effect with respect to the Real Account or any Transactions. Upon opening a Transaction, the sum due and payable by you to us are deducted from your Account Balance. Closing a Transaction General Provisions An Open Position may be closed by placing an opposite Order, that is an Order to sell to close a Long Position or to buy to close a Short Position in the same market for the same specified number of lots volume.

An Open Position may be partially closed by entering into an opposite Transaction in the same Market but for a smaller number of lots volume as the Open Position. If a closing Transaction in the same market is entered into but with a higher number of lots, the original Open Position will be closed and a new Open Position will be entered into for the number of lots by which the new Transaction exceeds the Open Position. If you have entered into more than one Open Position in the same market, any closing Transaction that you place in the same market will close the Open Positions in the chronological order in which the Open Positions were first created on a first in first out basis.

Upon closing a Transaction, the realised profit or loss , which is represented by the difference between the opening level and closing level of the Transaction multiplied by the number of lots volume , becomes due and payable by us to you or due and payable by you to us in cases of realised loss.

Should any such organisation take decisions or measures which affect a Transaction or an Open Position, the Company shall be entitled to take any action including closing any Open Position of the client which it, at its sole discretion, considers reasonable. You acknowledge and agree that the Company may, at any time without prior notice and at its discretion, change the trading rules in relation to: The hours of closure of the market for e.

Electronic Trading Platform and Transactions All intellectual property rights in the MT5 Trading Platform are owned by the Licensor and shall remain the exclusive property of the Licensor. Nothing in this Agreement intends to transfer any such rights or to vest any such rights in you. Your use of the MT5 Trading Platform, whether accessed through or downloaded from our website or a third-party website, is governed by the terms of use provided by the MT5 Trading Platform Licensor to you.

In the event of any conflict between the content of this Agreement and the agreement between you and the MT5 Trading Platform Licensor, the terms of this Agreement shall prevail. It is your responsibility to ensure that the information technology that you use is compatible with the required information technology to support the MT5 Trading Platform.

You acknowledge, understand, represent and warrant that you are aware of the functional limitations of the MT5 Trading Platform for example, Wine, which is not a fully stable application, as disclosed by the MT5 Trading Platform Licensor on their website.

We have no obligation and bear no responsibility for transmissions including, but not limited to, Orders that are inaccurate or not received by us, due to the functional limitations of the MT5 Trading Platform. We will act on any instructions given, or appearing to be given by you and received by us in relation to the margin trading services provided through the MT5 Trading Platform, as deemed instructed by you.

However, it is not our obligation to act on any instructions deemed instructed by you, and we are not obligated to give you any reasons for declining to do so. Instructions received by us from you are deemed final and will not be revocable. It is your responsibility to ensure the genuineness and accuracy of the instructions given by you to us.

We will use reasonable endeavours within our control to ensure that all electronic data provided on the MT5 Trading Platform and all electronic transactions instructed and accepted from you to us, and executed by us are not subject to network latency. You hereby agree that you will not participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of the MT5 Trading Platform or other practices which may be detrimental to the MT5 Trading Platform, Licensor or the public interest.

The Company sources market data from prime brokers who act as liquidity providers, thus executing your Transactions through a pool of aggregated liquidity from top tier banks. The services offered by the Company do not include physical delivery of foreign currency by us or the prime brokers to yourselves.

You acknowledge and agree that such data is proprietary to us and any such provider, and you will not retransmit, redistribute, publish, disclose, or display in whole or in part such data to third parties. You represent and warrant that you will only use such data for purposes of facilitating your entry into Transactions with us on your Real Account in accordance with this Agreement and not for any other purpose.

Event of Default Each of the following event constitutes an "Event of Default": On the occurrence of an Event of Default, we may exercise our rights under this clause, at any time and without prior notice: Closing or part-closing all, or any, of your Open Positions based on the prevailing prices available in the relevant markets; Suspending your Real Account and refusing to execute any Orders to enter into further Transactions with you.

Whilst your Real Account is suspended, you will be able to place Orders to close your Open Positions, but you will not be able to place Orders which would create Open Positions. In the event of your failing to make a Margin Payment, we may, at our absolute discretion, allow your Open Positions to remain open and allow you to place new Orders to open a Transaction. You acknowledge that, upon allowing your Open Positions to remain open, you may incur further losses.

In deciding whether an error is a Manifest Error, we may take into account any relevant information, including the state of the underlying market at the time of the error and any error within, or lack of clarity of, any information source or pronouncement. You have a duty to report to us any such problems, errors, or suspected system inadequacies that you may experience and may not abuse or arbitrage such system problems or errors for profit. We will endeavour to resolve any such difficulties in the shortest time possible.

Any amendments to the contractual terms of Manifestly Erroneous contracts shall be reasonable and fair. Monies exchanged between you and us in connection with the Manifestly Erroneous contracts shall be returned to the recipient according to the amendments made to the contractual terms and conditions of this Agreement. You further acknowledge and agree that we will not be held liable or responsible, whether directly or indirectly, for any loss, expenses or damage caused, or alleged to be caused by, or in connection with a Manifest Error.

Force Majeure Events A force majeure event, if and when determined, means, i the Company, by reason of force majeure or act of state, is prevented from, or hindered or delayed, in delivering or receiving, or is impossible to deliver or receive, any quotation of the bid and offer price of a market in one or more of the instruments which we ordinarily deal in Transactions; ii an excessive movement in the market of the instrument or our reasonable anticipation of the potential occurrence of market disruption.

If we determine that a force majeure event exists, the Company shall promptly give notice thereof to the client. Subsequently, we may, at our absolute discretion, take one or more of the following steps: Suspend the trading of the affected instrument; Alter the normal trading times for the affected market; Close all or any of your Open Positions at a closing level that is reasonably available; Change the margin rate in relation to both Open Positions and new orders; Change the Stop Out Level in relation to your account.

The Company shall not be in breach of its obligation under this Agreement and shall not be held liable for any failure of or delay in performing its obligations under this Agreement if such failure or delay is the result of the occurrence of a Force Majeure Event. Nothing in this Force Majeure Event section shall be taken as indicating that it constitutes an event of default. This section on Force Majeure Events does not apply to Volatility Indices.

Representations and Warranties You make the following representations and warranties to us at the time you enter into this Agreement, and agree that such representations and warranties are deemed repeated each time you open or close a Transaction: If you are an individual, you are over 18 years old and you have full capacity to enter into this Agreement; You have fully read and understood the: You are willing and financially able to sustain a total loss of funds which may exceed your initial deposit resulting from a Transaction; Any information which you provide or have provided to us in respect of your financial position, domicile or other matters is accurate and not misleading in any material respect.

You will, at all times, obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences, and authorities referred to in this clause; You will take all reasonable steps to comply with any law, ordinance, charter, by-law, or rule applicable to you or the jurisdiction in which you are resident; You will provide us with any information that we may reasonably require to fully satisfy the demand or the requirements of the applicable government authority, upon our request.

You will use the margin trading services described in this Agreement in good faith and you will not use any software, algorithm, or any trading strategy to manipulate or take unfair advantage of the way our bid and offer prices are quoted. You shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our position.

You acknowledge that we reserve the right to void or close out one or more of your Transactions if we observe any breaches of warranty given under this Agreement. Indemnification Neither the Company nor any of its directors, officers, managers, employees, or agents shall be liable for any loss, damage or debt to you arising directly or indirectly out of, or in connection with this Agreement.

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Without prejudice to any other terms of this Agreement, neither the Company nor any of its directors, officers, managers, employees, or agents shall be liable to you in relation to any loss that you incurred whether directly or indirectly by any cause beyond our control, including, but not limited to, any delay or defect in or failure of the whole or any part of the MT5 Trading Platform or any systems or network links.

The Company does not make any warranty, express or implied, that any pricing or other information provided through the MT5 Trading Platform or otherwise is correct. Furthermore, if a quote bid or offer price error occurs due to a system malfunction whether or not it's a third party or a proprietary system , the Company will not be liable for any resulting losses that have incurred.

Miscellaneous Unless proven to be wrong, our records shall be used as evidence of your dealings with us in connection with the margin trading services described in this Agreement.

You agree to use our records as evidence in any such legal or regulatory proceedings and you agree to keep your own record of your dealings with us that will help us investigate any complaints or disputes. If the records used as evidence of your dealings with us are not originals, are in the form of diagrams or charts, or are system generated content, you will not object to the use of such records as evidence.

Such materials may be copied and distributed on a limited basis for noncommercial purposes only, provided that any material copied remain intact and that all copies include the following notice in a clearly visible position: If you have any questions about these terms or would like information about licensing materials from Binary Ltd. If any provision of this Agreement shall be held invalid or unenforceable by a court or regulatory body of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

In connection with this Agreement and all Transactions contemplated by this Agreement, you agree to execute and deliver such additional documents and instruments, and to perform such additional acts as may be necessary or appropriate to effectuate, carry out, and perform all of the terms, provisions, and conditions of this Agreement.

You shall cooperate fully with any investigation by any regulatory authority and promptly provide the regulatory authority with such information and records as may be requested in compliance with any law, ordinance, charter, by-law, or rule applicable to you or the jurisdiction in which you are resident. Interpretation of Terms Account Balance — Your account balance represents: Your account balance includes Margin Requirement.

The amount of your account balance in excess of Margin Requirement is available for your withdrawal. The amount set aside for Margin Requirement is not available for your withdrawal. Account Equity — Your Account Equity refers to the sum of your Account Balance and the net of unrealised profit and loss.

Account Free Margin — Your Account Equity minus your Total Margin. Binary Options Real Account — Your real money account opened with Binary. Event — Event examples include circumstances whereby the type of Transaction to which your Order is related to ceased to be offered, or a Corporate Event or the insolvency of a Company whose shares represent are related to the subject matter of the Order, and others.

Limit Order — An instruction to open or close a transaction if and when a price quote becomes more favourable to you when compared against the current price.

Margin — The amount set aside by us from your Account Balance in order to open and maintain a Transaction, to cover our exposure as a counterparty to your contract. Margin Level — Ratio of Account Equity to Total Margin, expressed as a percentage. Next Available Price — Earliest price reasonably available and quoted by Binary.

Open Position — The position in a market made by reference to an Underlying Instrument created by opening a Transaction as a result of placing an Order to the extent that such position has not been closed in whole or in part under this Agreement. Order — An execution instruction given by you to us in relation to a Market Order, Stop Order, Limit Order, and etc. Real Account — Your real money account opened with Binary.

Roll-over — In the event that the Company does not receive Orders from you to close an Open Position by the close of a Business Day, the Company will roll-over the said Open Position to the following day being a Business Day. Stop Out Level — The Margin Level at, or below, which your Open Positions may be forcefully closed with or without your prior consent. Total Margin — The aggregate of all Margin Requirements in your Real Account.

Transaction — A contract entered into by you pursuant to this Agreement. Data Feed Information about the data feeds used by our company, and how the data is processed before being fed into the system. Filtering Stray Ticks Depending on the quality of the data feeds received from our feed providers, our servers might apply a tick filtering algorithm.

Smoothing out random noise Depending on the quality of the feeds received from our feed providers, our servers might also apply a very short-term smoothing algorithm to the data feed. Differences with other data feeds Our data feed may at times differ slightly from other data feeds found on the internet who may themselves differ between each other.

Reasons for differences in feed providers include: The forex market is an OTC over the counter market, where banks and other major financial institutions trade currencies amongst themselves without there being any central clearing house. Accordingly, there is no 'official' price source for forex quotes.

Different data feeds will contain quotes from a different sub-set of international banks. Accordingly prices may differ between providers, depending on which bank s they obtain prices from. The smoothing and filtering algorithms described above.

Please refer to Trading Times page for the exact time of settlement for all contracts. Other websites may adopt a different convention for example some websites choose 4 o'clock NY time, or 5 o'clock London time. As a result, the open, high, low and closing prices displayed on our website may differ to those on other websites, due to the market-closing time convention. Our system will generate prices from these bid and ask prices, whereas other websites might not.

As a result, our website might display ticks that do not appear in the data feeds of other websites. Weekend quotes Please note that weekend quotes are ignored for the purpose of contract settlement. Use of Information The Data Protection laws and regulations place obligations on users of personal data and lay down principles for fair and lawful processing of this information.

Access to Personal Data Access to your personal data is strictly prohibited with the exception of key personnel of the Company and only as needed in the performance of their duties.

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