1. Subject of the Agreement
1.1. The subject of this Agreement is brokerage services in the financial markets. This Agreement determines the procedure and conditions for the Client's work with the RCE GROUP PTY LIMITED Company (hereinafter referred to as the Company). Together, the Client and the Company for the purposes of this Agreement are referred to as the "Parties". All annexes to this Agreement are its integral part.
1.2. The Company provides the Client with services for conducting Transactions in the OTC markets, as well as completing other orders of the Client.
1.3. Under this Agreement, the Company has the right to provide the Client with additional services related to brokerage services. Additional services, as well as the remuneration of the Company for such services are determined in an additional agreement, which is signed directly between the Company and the Client interested in receiving such services.
1.4. Under this Agreement, the Company has the right from time to time, on its own initiative or at the request of the Client, to provide the latter with analytical information and other information about the financial markets, but not as a service provided. In this case, the Company will not be responsible for the accuracy, completeness and reliability of such information, as well as for the results of its use by the Client.
2. General Provisions
2.1. The Client hereby confirms:
(а) your agreement with all the provisions of this Agreement and its annexes;
(b) its full legal capacity, as well as the fact that this Agreement enters into knowingly and voluntarily;
(c) he has the necessary knowledge and experience to properly assess his investment and other decisions made in connection with the Agreement and their consequences;
(d) completeness and reliability of the information provided by him to the Company in connection with the conclusion of this Agreement, as well as his obligation to maintain the relevance of such information;
(e) he has no intention of violating applicable law, causing damage to the Company or third parties.
2.2. The parties acknowledge that an electronic signature in an electronic document is equivalent to a handwritten signature in a paper document.
2.3. This Agreement, including all annexes and forms thereto, may be translated into other languages. In the event of a conflict between the texts of documents, the English version will be binding.
2.4. The relations of the Parties to this Agreement are governed by the laws of Australia, without the application of conflict of laws rules.
2.5. The rights and obligations of the Parties are provided for by this Agreement, as well as annexes and additions to it.
2.6. The Company has the right to refuse the Client to execute an Order if it contains signs of manipulation, illegal use of insider information, legalization (laundering) of criminal proceeds, or funds intended for financing terrorism, other signs in relation to which the Company has reason to believe that such an Order may violate the requirements of applicable law.
3. Responsibility of the Parties
3.1. The Parties shall be proprietary for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the terms of this Agreement and applicable law.
3.2. The company is not responsible for:
(a) for the results of the Client's investment decisions, including those made by the Client on the basis of analytical materials provided by the Company;
(b) for non-fulfillment of the Client's Order due to disruption of the normal functioning of the Company's computer systems or communication channels (malfunctions and malfunctions of equipment, software, power supply, etc.);
(c) for non-fulfillment or improper fulfillment by third parties of obligations under the Client's Orders under this Agreement.
3.3. The company is not responsible for any consequences caused by the insolvency of the issuers.
3.4. The Company is not liable to the Client for losses caused by the last action or inaction of the Company if the Company reasonably relied on the instructions of the Client.
3.5.In the event of non-fulfillment or improper fulfillment of obligations to pay for the services of the Company, the Company has the right to suspend service to the Client until the Client fully fulfills his obligations.
3.6. No information provided by the Company to the Client can be considered as a recommendation for the conclusion of the Transaction.
4. Co-owners of the Trading Account
4.1. All Co-Owners of the Trading Account are jointly and severally liable for the respective Joint Trading Account, and the Company has the right to provide notifications either to the Client or to another Co-Owner of the Joint Account
4.2. Orders sent by one Co-Owner are considered legitimate orders of the Client, and the Company is not responsible for informing other Co-Owners of the account and / or obtaining the appropriate consent from them;
4.3. Without limiting the actions of the previous clause 4.2, the Company reserves the right to request confirmation of the order, order and / or instruction from all Co-Owners of the Joint Trading Account;
4.4. In the event of death or incapacity of the Co-owner (Co-Owners) of the Trading Account, the Company has the right to accept instructions from the surviving Co-Owner (Co-Owners) and pay the balance to such surviving Co-Owner (Co-Owners). All rights and obligations of the Client in relation to the Company also pass to the surviving (surviving) Co-owner (Co-owners).
5. License and platform
5.1 The Company grants the Client a limited non-exclusive license to use the Platform (including the use of the website and software provided by the Company. This license is not transferable. In the event of the termination of this Agreement, the license terminates automatically. All rights to the Platform are the property of the Company.
5.2 The Company has the right to close the Platform for maintenance without prior notice to the Client if there are justified reasons for this..
5.3 The company does not provide any guarantees that:
5.3.1. access to the Platform is provided on an ongoing, uninterrupted basis, since access to the Platform may be limited due to maintenance, repairs, updates, etc .;
5.3.2. The platform does not contain defects, errors, viruses, and other objects with damaging properties.
5.4. The Company is not responsible for damage, destruction and / or formatting of the Client's data due to malfunctions of his computer system or electronic device, as well as failures, delays or connection problems.
5.5. The client is not entitled to:
5.5.1. Use software that uses artificial intelligence to analyze the systems of the Company and / or the Platform.
5.5.2. Use any type of spider, virus, worm, Trojan horse, time bomb, any other codes or commands that are intended to distort, delete, damage or separate the Platform (s) or communication system, or any other system of the Company.
5.5.3. Perform any actions aimed at violating the integrity of the computer system of the Company or the Platform.
5.5.4. Carry out any actions aimed at obtaining unauthorized access, including the use of the Platform.
5.5.5. Use the Platform for profit, knowing and / or reasonably believing that the Platform (s) are not working correctly.
5.6. In case of violation by the Client of clause 5.5, the Company has the right to take one or more of the actions set forth in clause 11.2. of this Client Agreement.
5.7. The Client undertakes to take the necessary measures to protect the system from viruses and other harmful materials that may harm the Platform, the website or the Company as a whole.
6. Force Majeure
6.1. Force majeure is an event of force majeure that does not depend on the will of the parties to this Agreement and is beyond its control, including, but not limited to: strikes, labor conflicts, government measures and restrictions, decisions of the relevant authorities, natural disasters and natural disasters, wars, states of emergency , terrorist acts, and other events of a similar nature, market destabilization, abnormal market conditions, suspension of trade, liquidation or closure of any market, introduction of restrictions, non-standard trading conditions, etc.
6.2. In the event of the occurrence of the events described in the previous clause 6.1, the Company has the right to take any actions that, according to the Company, are necessary in a specific situation of force majeure, including, but not limited to: suspend trading on the Client's trading account, change the Company's Trading Hours for all or some instruments and currencies, close any transactions and / or cancel an order, etc.
6.3. The Company is not responsible for damage resulting from the application of the actions described in the previous paragraph 6.2 and non-compliance with the terms of this Agreement in force majeure circumstances.
7. Safety of the Client's data
7.1. The Client undertakes not to disclose his secret access data to third parties and to notify the Company if there is reason to believe that such data may be disclosed to an unauthorized person in order for the Company to take appropriate measures.
7.2. If the Company has reason to believe that there is a possibility of unauthorized persons accessing the Client's data, the Company has the right, at its discretion, to disable the Client's trading account. In this case, these actions of the Company do not give rise to any obligations on the part of the Company to the Client.
8. Placing and Executing Orders
8.1. The Client can open (close) positions directly on the Platform of the Company, as well as by phone by means of a voice order, in which case the orders will be placed by the Company. In both cases, the Client must enter / provide his secret data.
8.2. The Company undertakes to make the necessary efforts to execute the order, however, the transfer or execution of the order may not always be completed for reasons beyond the control of the Company.
8.3. The Company has the right, at its sole discretion, to add, remove or suspend any financial instrument from the Platform as needed..
8.4. Orders are placed during the Company's regular trading hours, on its Platform and / or on the website, with changes in effect at the appropriate time.
9. Limiting the Client's trade
9.1. The Company has the right to restrict trading on the Client's trading account without sending a corresponding notification to the Client, namely: cancel orders, reject the execution of the order, without giving rise to the basis for claims for compensation or other claims from the Client, in cases where the following circumstances occur:
9.1.1. Internet connection or communication lines failures.
9.1.2. Court order, regulatory or supervisory requirement, and for anti-fraud, terrorist financing and / or money laundering purposes.
9.1.3. Force majeure, market destabilization.
9.1.4. Potential wrongfulness of the order.
9.1.5. Non-fulfillment of obligations by the Client.
9.1.6. Termination of the Agreement.
9.1.7. The Company's system rejects the order due to imposed trading restrictions.
9.1.8. The Client's trading account balance is insufficient to place a specific order.
10. Deposits and withdrawals
10.1. The minimum initial payment required to activate a trading account is set by the Company and may differ for different types of accounts.
10.2. The method of replenishment and the currency of the deposit are established by the Company at the relevant time.
10.3. The Company has the right to request from the Client any documents confirming the source of the funds. Also, the Company has the right not to accept the Client's deposit if there are doubts about the legality of the origin of funds.
10.4. If the funds that were sent by the Client are not credited to his trading account within a reasonable time, the Client is obliged to notify the Company about this. The Company may request from the Client the documents necessary to search and track the transaction, and the Client undertakes to provide such documents.
10.5. To withdraw funds from a trading account, the Client must complete a request in his personal account on the Company's website. Applications are processed by the Company from 1 (one) to 5 (five) business days.
10.6. The company reserves the right to refuse to execute the withdrawal request, in whole or in part, if:
10.6.1. The Client's application does not contain all the necessary information;
10.6.2. A transfer is requested to an account from which no deposit was previously made and / or to an account that does not belong to the Client;
10.6.3. There is a force majeure circumstance;
10.6.4. At the time of payment, the Client's balance is less than the amount specified in the withdrawal request, including all commissions;
10.6.5. The free margin is insufficient to fulfill the corresponding withdrawal request;
10.6.6. The company reasonably believes that cash may be required to meet margin requirements;
10.7. The Company does not accept anonymous payments or payments made by third parties to the Client's account.
10.8. The Company reserves the right to reasonably reject a request to withdraw funds from the Client if he asks for a specific transfer method, and also has the right to offer an alternative transfer method.
10.9. All fees for the transfer of funds are borne by the Client.
10.10. The company is not responsible for errors made during the execution of the recall if they were not made through the fault of the company.
11. Failure to comply with the terms of the Agreement
11.1. Failure to comply with the terms of the Agreement constitutes the following cases:
11.1.1. Failure by the Client to fulfill any obligations to the Company.
11.1.2. The presence of any amount payable by the Client in favor of the Company.
11.1.3. A request from a competent court or authority to take certain measures, a requirement of applicable law or other jurisdiction to which the Client belongs.
11.1.4. In the event of the death of the Client, his announcement as missing, as well as in the event that the Client acquires a mental illness (if the Client is an individual).
11.1.5. Other circumstances when the measures set out in clause 11.2, in the opinion of the Company, should be taken.
11.1.6. The use of unfair trading strategies, including but not limited to: news trading, scalping, manipulation or a combination of fast and slow quotes, etc.
11.1.7. The Client's use of a stolen card to fund a trading account.
11.1.8. Taking actions that may harm the Company and / or its employees.
11.2. In the event of the occurrence of the events set forth in the previous clause 11.1., The Company has the right:
11.2.1. Terminate this Agreement unilaterally without prior notice to the Client.
11.2.2. Close open positions.
11.2.3. Close access to the Platform for a specified period or completely, as well as suspend or prohibit the performance of any actions on the Platform.
11.2.4. Reject the transfer or execution of the Client's order.
11.2.5. Limit the Client's trade.
11.2.6. To annul the profit received during the illegal operations specified in clause 11.1 or through the use of artificial intelligence on the Client's trading account.
11.2.7. Submit a claim for damages incurred by the Company.
12. Termination of the Agreement
12.1. Either Party has the right at any time to refuse to execute this Agreement (terminate the Agreement) unilaterally without explaining the reason for the refusal by sending the other Party a notice of termination of the Agreement 15 days in advance.
12.2. The Agreement is considered terminated upon expiration of 30 (thirty) calendar days from the date of sending the notice of termination of the Agreement.
12.3.If there are no transactions on the Client's account (accounts) for more than 1 (one) month, the Company has the right to recognize such an account as "dormant" and deduct a monthly commission for servicing such an account in the amount of 25 euros or 25 US dollars, depending on the currency of the trading account.
12.4. In case of sending (receiving) a notice of termination of the Agreement, the Client is obliged to give the Company instructions regarding the funds on his trading account with the Company, as well as to settle other issues related to termination of this Agreement.
12.5. If, on the date of termination of the Agreement, funds remain on the Client's trading account, the Company has the right to transfer the specified assets to another Trading account opened for such a Client, as well as to a bank or crypto account according to the details previously indicated by the Client.
13. Intellectual property
13.1. All copyrights, trademarks, industrial property rights and other intellectual property objects are the property of the Company (or third parties who provide services or licenses, as appropriate) and the Client has the right to access the Company's materials only in the manner established for work on the client's account under this Agreement.
14. Changes and additions.
14.1. The company may supplement or replace any article or part of the Agreement in whole or in part by publishing on the official website. Such additions and changes come into force from the moment of their publication.
14.2. If the Client objects to the changes, he must inform the Company about it within 5 days from the date the changes come into force. In the absence of such notification to the Client, it is considered that such changes have been approved by him. If the Client sends a notice of objection to such changes, the Company has the right to require the Client to close his Account.