الشروط والأحكام اتفاقية العميل والبنود العامة 038 الشروط الهامة يجب عليك قراءة وإقرار هذه الاتفاقية وكل الشروط والشروط الخاصة بشركتها قبل استكمال التسجيل (المشار إليها فيما يلي باسم: إتفاقية أندور T038C). بقبول اتفاقية العميل هذه و T038C و ذلك من خلال تسجيل أندور باستخدام خدمات الشركة، فإنك تؤكد وتقر بأنك قد قرأت وفهمت اتفاقية العميل هذه T038C من اتفاقية استخدام المستخدم واتفاقية ترخيص المستخدم، التي تفهم مضمونها، وأنك توافق على أن تكون ملزمة من قبل كل من T038C. إذا كنت لا توافق على أي أو كل من T038C سيت فورث في هذه الاتفاقية، لا يمكنك الوصول إلى استخدام هذا الموقع. تم إبرام هذه الاتفاقية من قبل شركة نوفوكس كابيتال المحدودة وهي شركة استثمار قبرصية مسجلة بموجب قوانين جمهورية قبرص، مع رقم التسجيل HE292182، ولها مكتبها المسجل في 60 شارع ريجينا. الطابق الثالث، نيقوسيا 1010، قبرص (المشار إليها فيما يلي: الشركة) ونفسك (المشار إليها فيما يلي: أنت أو العميل)، (في هذه الاتفاقية الشركة ويمكن أن يشار إليها مجتمعة باسم: الأطراف). الشركة مفوضة ومنظمة في قبرص من قبل لجنة الأوراق المالية والبورصات القبرصية (المشار إليها فيما يلي باسم سيسيك) وتخضع لقواعد سيسيك (مع ترخيص رقم 22414)، مع شركة الاستثمار القبرصية (المشار إليها فيما يلي: سيف). الشركة مصرح لها بتقديم خدمات الاستثمار كما هو محدد في اتفاقية العميل هذه و T038C. تخضع العلاقة بين العميل والشركة لهذه الاتفاقية و T038C. وبما أن هذا الاتفاق هو عقد عن بعد، فإنه يخضع أيضا لقانون التسويق عن بعد لقانون الخدمات المالية الاستهلاكية N24 (I) 2004، تنفيذ توجيه الاتحاد الأوروبي 200265EC، حيث أن التوقيع على الاتفاق غير مطلوب والاتفاق لديه نفس الحقوق والخصوم كعقد موقَّع حسب الأصول. في حالة رغبة العميل في الحصول على نسخة موقعة من هذه الاتفاقية، يجب على العميل طباعة وإرسال نسختين (2) موقعة إلى الشركة، حيث تقوم الشركة بتوقيع وإبرام الاتفاقات على النحو الواجب وإرجاع نسخة واحدة إلى العميل . وتقدم الشركة نظاما على اإلنترنت يسهل تنفيذ صفقات العقود المالية) كما هو موضح أدناه (من خالل مختلف الحلول والمنصات التجارية، فضال عن خدمات التسعير وإدارة المخاطر. تنطبق هذه الاتفاقية و T038C على كل من عناوين ورل الخاصة بالشركة، على سبيل المثال لا الحصر أنظمة التداول، فضلا عن برنامج أندور للمحتوى الإلكتروني الموجود حاليا على الموقع الإلكتروني الذي يزود عملائها بمعلومات فورية عن أسعار مشتقات العقود المالية أن تقدم وكذلك مع أنظمة التداول لتنفيذ العقود المالية (المشار إليها فيما يلي: الخدمة (ق))، وأية ميزات أخرى، والمحتوى أو الخدمات التي قد تضيفها الشركة في المستقبل. وتقدم الشركة من خلال منصة التداول عبر الإنترنت خدماتها مباشرة لعملائها أندور في بعض الأحيان عن طريق استخدام الشركاء المعتمدين. في حالة وجود شريك محلي للشركة، يجوز للشركة تفويض أي من السلطات والصالحيات التي تراها مناسبة وضرورية من وقت آلخر فيما يتعلق بالعمليات المحلية لنظام التداول في بلد إقامتك. على وجه التحديد، الشركة هي الاستعانة بمصادر خارجية الإدارات التالية: المبيعات والتسويق والاحتفاظ والاحتيال والتمويل، ودعم العملاء. في حالة العملاء اختيار الاستفادة من الروبوتات أو الخبراء المستشارين، العملاء القيام بذلك على مسؤوليتها الخاصة، و نوفوكس كابيتال المحدودة لا تتحمل أي مسؤولية عن أي خسائر تكبدتها بسبب هذه. نوفوكس لا تطوير أو إدارة أو إدارة عمليات الروبوتات بأي شكل من الأشكال. 60 ريجينا ستريت، 3rd فلور، 1010 نيقوسيا، سيبروس نوفوكسكابيتال email160protected تيل. 357 22 272 520 أ) تعني الخيارات الثنائية أو الرقمية خيارا يوفر عائد ثابت محتمل محدد سلفا عند افتتاح العقد ب) يقصد بعبارة "يوم العمل" أي يوم تقويمي يبدأ من الساعة 00:00 وينتهي في الساعة 23:59 بتوقيت جرينتش 2 (ج) يعني الضمان المبلغ الأولي المودعة من قبل العميل مع الشركة بعد خصم الخسائر، وخصم الأموال المسحوبة من قبل العميل، بالإضافة إلى الأرباح المستمدة من المعاملات (د) سعر العقد يعني الأسعار التي يقدمها النظام والتي تستند إلى مؤشرات الأسعار المقدمة من قبل نظم المعلومات المالية المختلفة مثل المعدلات المحدثة الحالية للعقود في الأسواق المالية ه) يعني سيسيك لجنة الأوراق المالية والبورصة القبرصية الجهة المسؤولة عن تنظيم الأسواق المالية في قبرص و) المشتقات تعني عقد قيمته مستمدة من أداة مالية أساسية. ز) يعني الأمير أن لائحة البنية التحتية للسوق الأوروبية (إمير) هي لائحة الاتحاد الأوروبي التي تهدف إلى زيادة استقرار أسواق المشتقات التي لا تحتاج إلى وصفة طبية (أوتك) في جميع أنحاء دول الاتحاد الأوروبي. ح) العقد أو العقد المالي يعني عقد لفتح خيار الخيارات الثنائية أو الخيارات الرقمية أو أي خدمة مالية أخرى قد تقدمها الشركة لعملائها من خلال النظام 1) صنع السوق صانع السوق أو مزود السيولة هي شركة، أو الفرد الذي يقتبس كل من شراء وبيع سعر في أداة مالية أو سلعة محتفظ بها في المخزون. ي) تعني الأسواق الأسواق المالية الدولية والسلع الأساسية وغيرها من الأسواق المعمول بها، حيث يتم تحديد معدلات العقود على التجارة الحرة، والأسواق الأخرى حيث يتم تداول مختلف الأصول المالية ك) يعني ميفيد الأسواق في الأدوات المالية توجيه قانون الاتحاد الأوروبي التي توفر لوائح منسقة لخدمات الاستثمار عبر الدول الأعضاء ال 31 في المنطقة الاقتصادية الأوروبية ل) مرفق تجاري متعدد الأطراف هو نظام متعدد الأطراف تديره شركة استثمارية أو مشغل سوق، والذي يجمع أو يسهل الجمع بين عدة شراء طرف ثالث و (في النظام ووفقا لقواعدها غير الاختيارية) بطريقة تؤدي إلى عقد م) يقصد بالسوق المنظم النظام المتعدد الأطراف الذي يديره أو يشغله مشغل السوق والذي يجمع أو يسهل الجمع من العديد من طرف ثالث شراء أندور بيع المصالح في الأدوات المالية (في النظام ووفقا لقواعده غير الاختيارية) بطريقة تؤدي إلى عقد، فيما يتعلق بالأدوات المالية المقبولة للتداول بموجب نظامها الداخلي وأنظمتها، التي يؤذن بها ويؤدي عملها بانتظام وفقا للأحكام من القانون 144 (I) لعام 2007 أو التشريعات ذات الصلة للدول الأعضاء الأخرى التي يتم سنها وفقا للتوجيه 200439EC. ن) يعني النظام نظاما إلكترونيا مصمما للسماح بالتداول في العقود المالية على منصة، عبر الإنترنت، رهنا بجميع شروط هذه الاتفاقية والشروط المنصوص عليها في دليل التداول، والتي تعتبر جزءا لا يتجزأ من الاتفاقية o) التداول المكافآت هي طريقنا لشكر العملاء الجدد لاختيار التجارة معنا. تمنح مكافأة الإيداع الأول المتداولين مزيدا من القوة الشرائية، مما يمنحهم القدرة على فتح صفقات أكبر أو أكثر تواترا. ويمكن أيضا تقديم أنواع أخرى من العلاوات من وقت لآخر p) تعني المعاملة شراء أو بيع عقد مالي بسعر ثابت q) عميل العميل الأمريكي هو العميل الذي يكون مواطنا أمريكيا (سواء كان دوالا أم لا) (بطاقة خضراء) أندور ولد في الولايات المتحدة الأمريكية الكيان القانوني تأسست في الولايات المتحدة الأمريكية أندور لديها عنوان إقامة الولايات المتحدة أو عنوان المراسلات الأمريكية (بما في ذلك الولايات المتحدة صندوق بريد) أندور مقيم في الولايات المتحدة، أجنبي لأغراض ضريبية. 60 ريجينا ستريت، 3rd فلور، 1010 نيقوسيا، سيبروس نوفوكسكابيتال email160protected تيل. 357 22 272 520 4. أهلية العضوية تتوفر خدمات الشركة ويمكن استخدامها فقط من قبل التجار الذين يمكن أن تشكل عقود ملزمة قانونا بموجب القوانين المعمول بها في بلد إقامتهم. والخدمات الاستثمارية متاحة فقط للأشخاص الذين تزيد أعمارهم عن 18 عاما أو الذين يتجاوزون السن القانونية والذين يمكنهم تنفيذ العقود الملزمة قانونا بموجب قوانين بلد إقامتهم. وبدون تحديد ما سبق، لا تتوفر خدماتنا عندما يكون استخدامها غير قانوني، وتحتفظ الشركة بحق رفض و إلغاء الخدمات لأي شخص في أي وقت، وفقا لتقديرها الخاص. وبالإضافة إلى ذلك، فإن الشركة لا ولن تقبل عملاء الولايات المتحدة. وعلاوة على ذلك، تعلن الشركة أنها ليست، ولن تكون مسؤولة بأي حال من الأحوال عن عدم دقة المعلومات التي نشرها على موقعها على شبكة الإنترنت من قبل الآخرين، وعلى هذا النحو ينبغي أن ينظر إلى كل بند نشر أو المشار إليها من المعلومات على أنها معلومات لا أساس لها من الصحة إلى إدارة أنشطتها ومخاطرها. ونحن ننصح بشدة أن يتم فحص جميع المعلومات وتأكيدها من قبل كل تاجر الفردية، من خلال مصادر المعلومات المستقلة التي يختارونها، قبل تنفيذ أي معاملات في حد ذاتها. .5 توفير الخدمات .1 تقوم الشركة بتفويض من قبل سيسيك لتقديم الخدمات االستثمارية التالية وفقا لتفويض سيف: أ (استقبال وإرسال الطلبات المتعلقة بواحد أو أكثر من األدوات المالية. ب) تنفيذ الأوامر نيابة عن العملاء. ج) التعامل على الحساب الخاص. 2. الشركة مصرح لها أيضا بتقديم الخدمات المساعدة التالية: أ (حفظ وإدارة األدوات المالية لحساب العمالء بما في ذلك خدمات الحفظ والخدمات ذات الصلة مثل إدارة رأس المال. ب) منح القروض أو القروض للمستثمر للسماح له بالقيام بمعاملة في واحد أو أكثر من الأدوات المالية، حيث تكون الشركة متورطة في الصفقة. ج (خدمات صرف العمالت األجنبية حيث ترتبط هذه الخدمات بتقديم خدمات االستثمار. وتشمل خدمات الفقرة 6.1 المعاملات في الأدوات المالية غير المقبولة للتداول في الأسواق المنظمة أو تسهيلات تجارية متعددة الأطراف. بقبول هذه الاتفاقية يقر العملاء، ويعطي موافقتهم الصريحة لتنفيذ هذه المعاملات. 3 - تشمل خدمات الفقرة 6-1 المعاملات في الأدوات المالية غير المقبولة للتداول في الأسواق المنظمة أو في مرفق تجاري متعدد الأطراف. بقبول هذه الاتفاقية يقر العملاء، ويعطي موافقتهم الصريحة لتنفيذ هذه المعاملات. 6. تصنيف العميل أ) يتم تصنيف جميع العملاء عملاء التجزئة. ويوفر هذا التصنيف أعلى مستوى من الحماية، مقابل العملاء المحترفين أو الأطراف المقابلة المؤهلة. ب) يكون العميل ملزما بطريقة وعملية التصنيف حيث يتم تعريف ذلك وشرحه بدقة في وثيقة تصنيف العميل التي يمكن العثور عليها على موقع الشركة تحت العنوان تصنيف العميل في القسم القانوني. بقبول هذه T038C، يقبل العميل تطبيق أسلوب التصنيف كما هو معرف في سياسة تصنيف العميل. ج) ستتعامل الشركة مع العميل وفقا لقواعد السلوك المهني التي يتم بموجبها معاملة العميل كعميل بيع بالتجزئة وفقا للمعلومات المقدمة إلى الشركة أثناء إجراء فتح الحساب. يجب على العميل إبلاغ الشركة فورا في حالة أي تغييرات تتعلق بالمعلومات الشخصية للعملاء. في حالة رغبة العميل في إعادة تصنيفه يجب على العميل إبلاغ الشركة خطيا، مع الإشارة بوضوح إلى هذه الرغبة. بيد أن القرار النهائي للتغيير في التصنيف يكمن في التقدير المطلق للشركة. 60 ريجينا ستريت، 3rd فلور، 1010 نيقوسيا، سيبروس نوفوكسكابيتال email160protected تيل. 357 22 272 520 أ) سوف تتخذ الشركة جميع الخطوات المعقولة للحصول على أفضل معدلات التداول الممكنة لعملائها عند تقديم التسعير والاقتباس فيما يتعلق بالأدوات المالية. وتحدد سياسة أفضل تنفيذ للسركة نظرة عامة على كيفية تنفيذ الطلبات وكذلك العديد من العوامل الأخرى التي توؤثر على تنفيذ اأداة مالية. ب) بقبول هذه T038C، يقر العميل ويقبل أنه قد قرأ وفهم أفضل سياسة التنفيذ للشركة، وهي متاحة للفحص على موقع الشركة تحت عنوان القانونية. أ) من خلال قبولك جميع بنود T038C من هذه الاتفاقية فإنك تفهم وتقبل الطبيعة السريعة وتيرة أعمال الشركة ومنتجاتها، وتؤكد أنك ترغب في إقامة علاقة عمل معها. ب) عند تنفيذ هذه الاتفاقية، تقوم الشركة بإنشاء حساب باسمك وملكيتك في النظام. يجب أن يكون الحساب والتفاصيل الأخرى ذات الصلة وفقا للمعلومات التي تقدمها أنت، كما هو مطلوب من قبل الشركة واللوائح. يجب التأكد من أن المعلومات التي تقدمها نفسك كاملة وصحيحة ودقيقة. ويوضح هنا أن تقديم معلومات مضللة يمكن اعتباره جريمة قانونية وينطوي على وقف فوري للأنشطة في حسابك وإغلاقه فورا. أنت تقر بأنه عند الانتهاء من إجراءات تحديد الهوية من قبل الشركة، يجوز لك أن تبلغك كمستفيد في الحساب المعمول به لدى المؤسسة المالية التي تودع فيها الشركة أموال الضمان، بمبالغ تصل إلى الرصيد الدائن المسجل في حسابك في النظام من وقت لآخر، وتحقيقا لهذه الغاية قد نقل تفاصيل الهوية المقدمة إليها من قبل نفسك. ج) يوضح هنا أنه في الوقت المناسب سوف يتم تنفيذ إجراءات الامتثال الكامل، كما هو مطلوب من قبل سيسيك، من قبل الشركة على كل من عملائها، والتي سوف تشمل ولكن لا تقتصر على اعرف عميلك، ومكافحة غسل الأموال، واختبار الملاءمة، وتصنيف العملاء . على وجه التحديد، لكي يتم الموافقة على حساب العميل للتداول وسحب الأموال يجب على العميل تقديم إثبات رسمي للعنوان وإثبات الهوية بتنسيق اللون. وهناك نسخة ملونة من بطاقة الائتمان المستخدمة للإيداع هي أيضا شرط مسبق قبل الموافقة على الانسحاب. يرجى ملاحظة أن شروط الامتثال قد تخضع لتغيرات دورية استنادا إلى تعديلات توجيهات مكافحة غسل الأموال الأوروبية. د) بقبولك جميع بنود T038C من هذه الاتفاقية، فإنك تدرك أن جميع حسابات العملاء تخضع للمراجعة على الأكثر كل ستة (6) أشهر، وذلك لاستبدال أي مستندات منتهية الصلاحية من كيك، وربما طلب المزيد من وثائق التوضيح إذا لزم الأمر. ويجب أن يلتزم كل من المشغل وتجاره باستمرار الامتثال. قد يؤدي عدم تقديم مستندات جديدة عند الطلب إلى تعليق حساب العميل. ه) بقبولك جميع بنود T038C من هذه الاتفاقية، فإنك تفهم أن لديك مهلة زمنية معينة يجب عليك إكمال عملية كيك من خلال تقديم إثبات عنوانك وإثبات الهوية. إذا فشلت في القيام بذلك، ولم تتم الموافقة على حساب التداول الخاص بك، في نهاية المهلة المحددة، كنت على علم بأن حسابك التجاري سيتم تعليق. أثناء تعليقك لن تتمكن من إيداع أو تداول أو سحب أي أموال، حتى تتم الموافقة على حسابك وإعادة تنشيطه. إذا لم تتمكن من الموافقة على حسابك خلال فترة زمنية معينة للتعليق، فسيتم إغلاق حسابك التجاري بشكل دائم. و) بقبول كل من T038C من هذه الاتفاقية، فإنك بذلك تفوض وتمكن الشركة، حتى يتم تلقي إشعار خطي يتعارض مع تأثير منك من قبل الشركة، لتنفيذ الأوامر والأنشطة وفقا للتعليمات الخاصة بك كل وفقا مع الصلاحيات الممنوحة للشركة بموجب هذه الاتفاقية و تقديم الخدمات. كما أنك توافق على تلقي الأخبار والمعلومات والمواد الترويجية من الشركة من وقت لآخر. ز) لإزالة أي شكوك، يخضع تنفيذ أي معاملة في الحساب لإيداع الضمان من قبلك. لا تسمح الشركة بتنفيذ أي معاملة بدون الوديع المذكور في حالة عدم كفاية الضمان لتنفيذ الصفقة المذكورة، مع مراعاة سياسة الشركة من وقت لآخر. ولتجنب الشك، في حال سمحت الشركة لك ببدء التداول قبل أن تتلقى تأكيدا بإيداع الضمانات من قبلك، وفي الواقع لم يتم إيداع أي ضمانات، يحق للشركة أن تقتطع من أي أرباح تكتسبها أنت المبلغ الذي كان ينبغي إيداعه كضمان قبل بدء التداول. يتم االحتفاظ بجميع األموال من قبل الشركة نيابة عنك، ويجوز للشركة إيداع هذه األموال لدى أي مؤسسة مالية لديها حسابات مصرفية معها. في حالة حدوث معاملة ولسبب ما لن تكون هناك ضمانات كافية في حسابك، 60 شارع ريجينا، الطابق الثالث، 1010 نيقوسيا، قبرص نوفوكسكابيتال email160protected هاتف. 357 22 272 520 يحق للشركة أن تقلل من تعرضك في معاملة المعاملات المذكورة لتتمكن من تصحيح هذا الضمان والطلب المطلوبين منك بدفع كامل مقابل أي نقص قد يحدث في صفحتك التي لم تغطيها ضمانات كافية. ويذكر هنا صراحة أن حق الشركة المذكور أعلاه لا يلزمها بتقليل تعرضك في أي صفقة ولن يكون لديك أي مطالبات ضد الشركة بخصوص خسائرك الناتجة عن انخفاض أو عدم تقليل تعرضك في أي معاملة معينة من قبل الشركة. ح) لإزالة أي شكوك، يوضح هنا أنه يجوز للشركة وفقا لتقديرها الخاص أن تعدل من وقت لآخر الشروط التي تحكم استخدام النظام ونطاق خدماته ومجموع الضمان المطلوب للتنفيذ من المعاملات من قبلك. وسيتم إرسال أي تعديالت إلى جميع العمالء عبر موقع الشركة. ومع ذلك، فإن أي تغيير من هذا القبيل على القواعد التي يتم تنفيذها أثناء تشغيل الموقع لن يتم تطبيقه بأثر رجعي، وسوف ينطبق فقط على عمليات الاستحواذ على العقود المالية التي تتم بعد هذا التغيير. (1) عند فتح الحساب، تقوم الشركة بإصدار كلمة سرية شخصية لتحديد الهوية (من الآن فصاعدا: كلمة مرور تسجيل الدخول) لاستخدامها من قبلك لتشغيل حسابك عبر الإنترنت. يجب أن تتعهد بموجب هذه الاتفاقية بشكل لا رجعة فيه بحماية كلمة المرور لتسجيل الدخول، وبالتالي التنازل عن أي وجميع المطالبات ضد الشركة المتعلقة بأي استخدام غير مصرح به لكلمة مرور تسجيل الدخول. ي) يجب الحصول على العقود المالية من خلال النظام وفقا لأحدث نسخة من T038C المنشورة على هذا الموقع. ولإزالة أي شكوك، يجوز للشركة تعديل أو تغيير أو إلغاء أي جزء من T038C المذكور، ويكون تأثيرها من تاريخ نشر هذه الشروط المعدلة على الموقع. يكتمل الحصول على عقد مالي عندما يتم تخصيص العقد المالي، تم احتساب القسط وتم التحقق من الدفع. ك) لا يمكن إجراء الودائع إلا باستخدام بطاقات الائتمان، أو من الحسابات المصرفية التي تعود إلى صاحب حساب التداول. لا تقبل أي ودائع من حسابات مصرفية من طرف ثالث أو باستخدام بطاقة الائتمان من طرف ثالث، ما لم يتم توفير تفويض موثق من قبل حامل البطاقة. لا تقبل الودائع النقدية. وأي شخص يقوم بإيداع وديعة في حساب التداول من خلال مصدر خارجي غير مصرح به، سيغلق حساب التداول على الفور، وسيبدأ التحقيق القانوني في التأكد من سرقة البطاقة المستخدمة. ل) الاستثناء الوحيد للقاعدة أعلاه هو أنه يمكن للعملاء إجراء الودائع باستخدام بطاقة ائتمان أقارب، بشرط أن يكون قد تم تقديم خطاب تفويض مسبق من قبل حامل البطاقة، وإعطاء إذنهم لاستخدام البطاقة، وأيضا مشيرا إلى العلاقة الدقيقة مع العميل التاجر. كما يتعين على حامل البطاقة الذي يجيز استخدام بطاقته تقديم إثبات إثبات الهوية. والتي ستحتاج إلى موافقة موظف الامتثال. وهناك نسخة ملونة من بطاقة الائتمان، الجبهة 038 الظهر أيضا أن تقدم. .9 التزامات الشركة تلتزم الشركة بموجب ذلك وتتعهد بما يلي: أ (أن لديها المهارات والخبرات المطلوبة لتقديم الخدمات. ب) لا في الوقت الحاضر ولا في المستقبل تقديم أي مشورة مالية لك أو لأي من عملائها، ولا يمكن اعتبار أي معلومات يمكن العثور عليها على موقع الشركة على شبكة الإنترنت كمشورة مالية لأي غرض كان. ولإزالة أي شكوك، لا يقصد من المعلومات المقدمة على الموقع أو رسائل البريد الإلكتروني والنظام أو الرسائل الإخبارية التي ترسلها الشركة المتعلقة بخدماتها أو أسواقها المالية، أن تكون مشورة مالية أو استثمارية، ولن تقبل الشركة أي مسؤولية في هذا الشأن احترام. ولن تكون مسئولة بأي شكل من الأشكال عن أية مطالبات أو دعاوى أو ادعاءات أو خسائر أو مصاريف أو أضرار وما إلى ذلك تتحملها كنت نتيجة لاعتمادك على أي معلومات تقدمها الشركة. ج) الحد الأقصى للخسارة التي قد تعاني منها باستخدام منصة التداول، هو مبلغ المال الذي تدفعه لك للشركة كضمان وأية مبالغ في حسابك كنت قد استخدمت لشراء العقود المالية. د (ال توفر الشركة سوقا بين أو بين العمالء لالستثمارات أو األوراق المالية أو المشتقات أو المضاربات. كل عقد مالي تم شراؤه عن طريق النظام هو اتفاق فردي بينك وبين الشركة وليس ضمانا، كما أنه ليس قابلا للتحويل أو قابلا للتداول أو قابلا للتنازل أو لأي طرف ثالث. 60 شارع ريجينا، الطابق الثالث، 1010 نيقوسيا، قبرص نوفوكسكابيتال email160protected تيل. 357 22 272 520 من وقت لآخر، يمكن للشركة زيادة قاعدة عملائها من خلال جهود الشركات التابعة ووسطاء الوسطاء. وتكافأ هذه الجهود عن طريق العمولات والمكافآت التجارية، وهي منفصلة تماما ومستقلة عن ودائع العملاء والأموال. لمزيد من التفاصيل حول هذا الموضوع يرجى الاتصال بالشركة مباشرة. ) أ (تحتفظ الشركة بالحق في تعليق تشغيل هذا الموقع أو أقسامه في الظروف التالية:) ب (نتيجة أحداث سياسية أو اقتصادية أو عسكرية أو نقدية) بما في ذلك تقلبات السوق غير العادية أو عدم السيولة (أو أية ظروف خارجة عن ذلك) السيطرة على الشركة ومسؤوليتها وقوتها، فإن التشغيل المتواصل لهذا الموقع أو النظام لا يكون عمليا بشكل معقول دون التأثير ماديا أو سلبا على مصالحك أو الشركة أو إذا كان، وفقا لتقدير الشركة وحده، سعر لا يمكن حسابها بالنسبة للعقود المالية أو ج) عندما يكون هناك توزيع في وسائل الاتصال المستخدمة عادة في تحديد سعر أو قيمة أي من العقود المالية أو حيث لا يمكن أن يكون سعر أو قيمة أي من العقود المالية عاجلا أو دقيقا محسوبة أو د) عندما يكون لدى الشركة سبب للاشتباه في أن النظام قد أساءت من قبلك أو أن كنت قد استخدمت بعض الوسائل من أجل التأثير أو والتعامل مع النظام بشكل عام أو سعر عقد معين على وجه الخصوص. ه) في ظل هذه الظروف، إلا في حالة إساءة استخدام النظام أو التلاعب به، يجوز للشركة وفقا لتقديرها الخاص (مع أو بدون إشعار) إغلاق العقود المالية المفتوحة بأسعار تعتبرها عادلة ومعقولة في مثل هذا الوقت و ال يجوز مطالبة أية مطالبات ضد الشركة فيما يتعلق بها. و) في حالة إساءة استخدام النظام أو التلاعب به، يجوز للشركة وفقا لتقديرها الخاص اتخاذ أي تدابير تراها مناسبة ومناسبة في ظل الظروف المذكورة. 12. شروط العميل وتضمن الشركة بموجب هذا وتتعهد بما يلي: أ) أن جميع التفاصيل التي تقدمها لك الشركة صحيحة وكاملة ودقيقة، وأنك بالغ يتجاوز سن 18 (أو الحد الأدنى لسن الإقامة في بلد إقامتك ) بحيث تكون ملزما قانونيا بشروط هذه الاتفاقية. ب) تكون أنت المالك والمستفيد الوحيد من الحساب. ج) أنت على علم وأنك تقر بأن الشركة لا تستطيع السيطرة على أفعالك، ويطلب منك إجراء الاستفسارات اللازمة بشأن الوضع القانوني لأنشطتك والقوانين واللوائح المحلية المعمول بها، كما هو معمول به حاليا في بلد إقامتك والالتزام بموجب هذه القوانين واللوائح. إنك تدرك أن القوانين المتعلقة بالعقود المالية تختلف في جميع أنحاء العالم، ومن واجبك الوحيد ضمان امتثالك الكامل لأي قوانين أو لوائح أو توجيهات ذات صلة ببلد إقامتك فيما يتعلق باستخدام موقع الويب والنظام . ولتجنب الشك، فإن القدرة الفعلية على الوصول إلى موقع الشركة الإلكتروني لا تعني بالضرورة أن الخدمات وأنشطتك قانونية بموجب القوانين أو اللوائح أو التوجيهات ذات الصلة ببلد إقامتك. أنت تؤكد، بعد إجراء الاستفسارات اللازمة، أنه لا يوجد أي قيود قانونية تمنعك من استخدام النظام أو تنفيذ المعاملات كما هو موضح في هذه الاتفاقية. ولإزالة أي شكوك، لا يجوز استخدام الخدمات حيثما تكون غير قانونية للاستخدام، وتحتفظ الشركة بالحق في رفض تقديم الخدمات أو إلغاءها، كليا أو جزئيا، لأي شخص في أي وقت، وفقا لتقديره الخاص دون بما في ذلك على سبيل المثال لا الحصر الأحداث التي تتعلم فيها الشركة أنك تقوم بأنشطة لا تنظمها قوانين مكان إقامتك. (د) جميع الأموال المودعة من قبلك في حسابك، ذات الأصل القانوني، ليست عائدات الجريمة، بما في ذلك على سبيل المثال لا الحصر، عائدات الاتجار بالمخدرات أو التعاملات في المواد المحظورة الأخرى أو حصيلة الاتجار غير المشروع بالأسلحة، أو المقامرة غير المشروعة، أو البغاء ، أموال الإرهاب إلخ. لإزالة أي شكوك، الأموال المستلمة منك لا تستثمر في أي أوراق مالية أو العقود الآجلة أو العملات أو المشتقات أو غيرها من الاستثمارات، نيابة عنك من قبل الشركة أو أي شخص نيابة عنه. وتستخدم هذه الأموال كضمانات لمعاملاتك في النظام. 60 ريجينا ستريت، 3rd فلور، 1010 نيقوسيا، سيبروس نوفوكسكابيتال email160protected تيل. 357 22 272 520 ه) أنت على دراية بالمخاطر التي ينطوي عليها تنفيذ المعاملات الموضحة في هذه الاتفاقية، وقد قرأت وفهمت جميع المعلومات الواردة في الكشف عن المخاطر والتي يتم نشرها على الموقع الإلكتروني للشركة. و) تقر بأنك وحدك المسؤول والمسؤول شخصيا عن أي وجميع الإجراءات والأوامر التي سيتم تنفيذها في حسابك، بما في ذلك تسوية أي معاملة، سواء كان ذلك من قبلك شخصيا أو من قبل وكيلك أو محام أو موظفي الشركة تحمل خارج أوامرك. كما توافق على أنه لا يجوز للشركة أو موظفيها أو أي شخص نيابة عنها أن يكونوا مسؤولين بأي شكل من الأشكال عن نتائج أو نتائج مثل هذه الأوامر والقرارات. أنت مسؤول تماما عن ضمان أنك وحدك تتحكم في الوصول إلى حسابك، وأنه لا يسمح للقاصرين بالوصول إلى التداول على النظام. في أي حال، تظل مسؤولا بالكامل عن أي وجميع الصفقات المتداولة في حسابك، وعن أي معاملات بطاقات الائتمان التي دخلت في الموقع لحسابك. كما يجب عليك تعويض الشركة عن جميع التكاليف والخسائر من أي نوع، أيا كانت نوعها، التي قد تتكبدها الشركة كنتيجة مباشرة أو غير مباشرة لفشلك في أداء أو تسوية هذه المعاملة. ز) أنت على علم بأن الشركة لا توفر أي معدات ولا هي مزود خدمة الإنترنت وبالتالي فإنها لن تكون مسؤولة، بشكل مباشر أو غير مباشر، عن أي خلل من أي نوع والطبيعة على الإطلاق، في نهاية الخاص بك، أو أي معدات أخرى لم تقدم من قبل الشركة و أي خلل في اتصال الإنترنت و أي برنامج كمبيوتر أو أخطاء البرمجيات و الأخطاء و بما في ذلك ولكن لا تقتصر على التأخير في إحالة أوامرك أو تأخر استلام منها. تكون مسؤولا عن توفير وصيانة الوسائل التي يمكن من خلالها الوصول إلى موقع الويب، والتي قد تشمل على سبيل المثال لا الحصر جهاز كمبيوتر شخصي أو مودم أو هاتف أو خط وصول آخر. وتكون مسؤولا عن جميع رسوم الدخول والخدمة والترخيص والاشتراك اللازمة للاتصال بموقع الويب وتحمل جميع التكاليف المتكبدة في الوصول إلى هذه الأنظمة. يمكنك أيضا تحمل جميع المخاطر المرتبطة باستخدام وتخزين المعلومات على جهاز الكمبيوتر الشخصي أو على أي جهاز كمبيوتر آخر من خلالها يمكنك الوصول إلى موقع ويب والخدمات (المشار إليها فيما يلي باسم الكمبيوتر أو جهاز الكمبيوتر الخاص بك). أنت تقر وتضمن أنك نفذت وتعتزم العمل والحفاظ على الحماية المناسبة فيما يتعلق بالأمن والسيطرة على الوصول إلى جهاز الكمبيوتر الخاص بك أو فيروسات الكمبيوتر أو غيرها من المواد أو الأجهزة أو المعلومات أو البيانات الضارة أو غير الملائمة مماثلة. أنت توافق على أن الشركة لن تكون مسؤولة بأي شكل من الأشكال لك في حالة فشل أو تلف أو تدمير أنظمة الكمبيوتر أو البيانات أو السجلات أو أي جزء منها، أو عن التأخير أو الخسارة أو الأخطاء أو السهو الناجم عن الفشل أو سوء إدارة أي معدات اتصالات أو كمبيوتر أو برامج حاسوبية. لا يجوز لك أن تنقل إلى أو بأي شكل من الأشكال، سواء بشكل مباشر أو غير مباشر، تعرض الشركة أو أي من مزودي الخدمة عبر الإنترنت لأي فيروس كمبيوتر أو أي مواد أو أجهزة أخرى ضارة أو غير ملائمة على نحو مماثل. ح) تقر وتؤكد أن الشركة لا تمثل أو تضمن أو تضمن ما يلي: (1) أنك سوف تكون قادرا على الوصول إلى أو استخدام موقع على شبكة الإنترنت في أوقات أو مواقع من اختيارك، أو أن الشركة سوف يكون لديها القدرة الكافية ل موقع على شبكة الإنترنت ككل أو في أي موقع جغرافي و (2) سوف يوفر موقع على شبكة الإنترنت دون انقطاع وخالية من الأخطاء الخدمة. كما أنك تقر وتؤكد كذلك أن الشركة لن تكون مسؤولة عن استحالة لتنفيذ الأوامر والمتطلبات بسبب الفشل في تشغيل نظم المعلومات الناجمة عن أخطاء، من أي نوع كان. ط) يجب عليك إبلاغ أنشطتك حسب الأصول إلى أي ضريبة سارية أو سلطة أخرى، وفقا لما تقتضيه أي قوانين تنطبق عليك أو على بلد إقامتك، ويجب عليك دفع جميع الضرائب والرسوم والضرائب الحكومية والرسوم المرتبطة بالأنشطة من حسابك بما في ذلك الخصومات المطلوبة عند المصدر، وتنتهي عن أي مطالبة ضد الشركة في هذا الصدد. ي) لا يجوز لك إساءة استخدام هذا الموقع ولا النظام لأغراض غسل الأموال. وتوظف الشركة أفضل ممارسات مكافحة غسل األموال، والتي قد يكون لها العديد من اآلثار عليك. تحتفظ الشركة بالحق في رفض القيام بأعمال تجارية مع العمالء الذين ال يقبلون أو يلتزمون بعمليات مكافحة غسيل األموال هذه. إن عمليات مكافحة غسيل األموال لها اآلثار التالية على العمالء: ك (يجب إكمال استمارة فتح الحساب التي تطلب التفاصيل التي تثبت هويتك. ل) لا يجوز دفع المكاسب إلا لصاحب الحساب، وإلى حساب مصرفي باسمه وليس لحساب الطرف الثالث. When maintaining an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the account-holders responsibility to ensure that their banks account number and name accompany all transfers to the Company. When a client maintains an account by means of creditdebit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 m) Only one account is allowed per person. لا يمكن جمع المكاسب على الحسابات المفتوحة بأسماء كاذبة أو على حسابات متعددة فتحها نفس الشخص. n) In the event that you choose to make use of Robots or Expert Advisors, you do so at your own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. o) You have read this Agreement in its entirety, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms. 13. Improper or Abusive Trading Should you execute trading strategies acting in bad faith, that is, you or any representative of yours trading on your behalf is committing any improper or abusive trading act such as for example: a) fraudillegal actions that led to the transaction b) orders placed based on manipulated prices as a result of system errors or system malfunctions c) arbitrage trading on prices offered by our platforms as a result of systems errors andor d) coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates. Then the Company will have the right to: i. adjust the price spreads available to you andor ii. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only andor iii. obtain from your account any historic trading profits that you have gained through such abuse of liquidity as determined by us at any time during our trading relationship andor iv. reject an order or to cancel a trade andor v. immediately terminate our trading relationship 1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein. 2. Funds belonging to clients for the purpose of trading will be kept in one or more omnibus accounts with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Companys name. 3. It is understood that the Company may hold funds on behalf of Clients in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events in relation to that bank, Clients funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 4. Any profits accruing from your Transactions shall be added to clients accounts as supplementary collateral. All losses resulting from your Transactions shall be deducted from clients accounts. 5. To remove any doubts, credit balances shall bear no interest. 15. Trading Bonuses 038 Competitions All bonuses are redeemable. This means that the actual bonus itself can be withdrawn. For information on the specific trading volume requirements please read the companys Bonus Terms 038 Conditions. If a client submits a withdrawal request prior to trading the necessary volume, as defined in the terms of the bonus, then the bonus amount (and any subsequent profits) will be removed before the client can withdraw any 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 of the remaining funds. When stated so, cash bonuses can be instantly withdrawn as cash, with no attached terms or conditions. Clients are free to accept or reject any bonus, but are always urged to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonusbenefit and closure of the clients account on the Companys website. The bonusesbenefits must be used within the period defined in the details of the special offer. Should the bonus benefit fail to be used within this time frame, the bonusbenefit will be withdrawn from the clients account. The Company reserves the right to revoke the bonusbenefit should the special offer be abused andor should the offers terms fail to be met. The Companys decision should this be the case shall be final. The Company reserves the right to revoke or change the offers at any time without prior notice. The minimum deposit for a bonusbenefit is 200. The maximum bonusbenefit a trader can receive is 10,000. From time to time the operator may offer various competitions to its clients, the winners of which will be published on the website. Also from time to time the company may offer a certain number of secure trades to its clients. With secure trades the company will reimburse any pre-defined number of trading losses incurred by the client, with a bonus of equal size, as specified in the terms of the offer. Occasionally the company may have a draw and award the winners gifts such as laptops, smartphones, software andor free memberships to financial information companies. In such cases the trader will be informed from within the advertisement what needs to be done to enter the draw. For example the trader may have to download a smartphone application or answer a questionnaire. The winners, as randomly drawn, will be published on the website, and these published results will be final. Winners will be informed by email, and any physical prizes will be posted directly to them. 16. Additional deposits, Withdrawals 1. Any withdrawal of the available cash in a clients account, whether partial or total, including any accrued profits (but not future profits) shall be executed by the client, via the online trading platform, with prior notice to the Company of at least seven business days. 2. Withdrawal amounts are always returned back to the original source of deposit (the credit card, for example), up to the amount of the deposit. Any further amounts (profits), may be also credited to the credit card, or they will be forwarded by bank wire to the clients personal bank account, in the country where the trading account is registered. 3. Withdrawal requests are submitted by the client directly into the system via the online withdrawal facility. Withdrawal requests are not accepted over the telephone or by email, except in very rare cases when the client is undergoing technical difficulties, in which case the withdrawal may be executed manually for the client. All communications surrounding such manual withdrawals are logged and archived. 4. All withdrawal orders made by the client must follow the provision of the proper set of compliance documentations or any other type of client authentication as may be required from time to time by Anti-Money Laundering (AML) Regulations, credit card companies and the Website as a prerequisite, prior to the execution of a withdrawal order. Specifically for clients who deposited using a creditdebit card, no withdraw will be cleared for execution until the client has submitted a color copy of the front and back of the credit card used. In the event where the client submits a withdrawal request prior to submitting the color copies of the creditdebit card used, then the withdrawal will be placed on a 7 day pending status. If the client submits the missing document within the 7 days, then the withdrawal will be processed. If not, the complete available balance in the clients account (minus any profits) will be returned to the client (to the credit cardbank account of origin), and the account will be closed. 5. All withdrawals are subject to the discretion of the Companys Compliance Department and any suspicious transaction shall be recorded and reported accordingly. 6. For withdrawals to be executed they must also abide by the T038C for any possible trading bonuses granted. 7. To remove any doubts, all withdrawals requested by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment, provided all terms and conditions for withdrawals have been satisfied. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 8. You the client are allowed one free withdrawal each month. For every subsequent withdrawal in the same month there will be a 3030 processing charge. 9. The minimum acceptable withdrawal amount is 303030. Amounts smaller than this will be rejected automatically by the system. 10. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. 11. Clients may transfer to their account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited. 12. Payment by credit cards may be made to the Company via creditdebit cards subject to the regulations of the applicable credit cards issuers. 13. No withdrawals will be processed on days which are public holidays in Cyprus. A list of these holidays can be found at en. wikipedia. orgwikiPublicholidaysinCyprus 17. Closure of account To request the closure of their account clients must complete and submit the Account Termination Form. Having completed the form and emailed it in to the company the client should also ensure that all trades have been closed from within the trading platform, and then the client should also submit a withdrawal request for all the funds in their account. In the event that a clients account is closed by the company due to non-completion or the failing of compliance, then all the funds remaining in the clients account (minus any profits) will be returned to the source credit card bank account. The MLCO will consider further investigation under AML policies. The company reserves the right to close the account of any client who is considered to carry a risk to the future of the company and for the clients of the company. This will especially apply if the client is suspected of using alternative pricing engines tools, or even insider information, which is bringing about continuous and large losses to the company. Prior to closing a clients account, however, a full investigation is made, and the client is placed in the high-risk category. This will result in the client receiving pricing and spreads more appropriate to his continuous profits. If the client remains on the high-risk-category, which can only be the result of some kind of technical manipulation, the clients account will be closed. If the clients manipulative actions cannot be proved, the balance of their account will be withdrawn to the client, and a communication will be sent to the client explaining the reasons behind these actions. If, on the other hand, manipulation is proven, no further monies will be sent to the client, the account will be closed, a communication will be sent expla ining the companys actions, and possibly legal action will be taken against the client also. 18. Duly Authorized Persons Only the account-holders themselves are authorized to trade using their individual trading accounts. If an accountholder allows any third person access to his account to trade on his behalf, he does so at his own risk, and the company neither approves of such action, neither takes any responsibility for anyall loses incurred. 19. Recording of Telephone Conversation and Record Keeping The Company, or an authorized party on its behalf, will record every telephone conversation. 1. The Company or an authorized party on its behalf shall maintain records of all your Transactions. 2. Any of these recordsrecordings may be used by the Company for any purpose the Company sees fit (provided that this does not conflict with the risk disclosure), including the resolution of conflicts which might occur between the Parties. 3. It is hereby clarified that the said recordsrecordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in the event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, following strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating andor 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 copying of any record andor documents in accordance with the then current the Company official price list for such services. 20. Risks and Liability a) All Transactions to be carried out by you are executed on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement. To remove any doubts, in any event, any sum to be claimed by you may not exceed your Collateral. b) In reading this, all clients hereby declare that they understand and accept that a fundamental pre-condition to this Agreement, relates to the Companys right to close at any time, without an advanced notice, any Transaction executed by the client, in the event that their portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts prices. The company is following strictly all EMIR reporting requirements. At the end of each trading day, confirmations of all Transactions that have been executed on that trading day will be available via the Customers online account through the System. Clients may request to receive account statements monthly or quarterly via email, by providing such a request to the Company, but the Company is not obliged to provide the Clients with hard-copy account statements. The account statement is provided at the expense of the client. 22. Commissions and fees Clients are not charged any commissions or fees by the Company for any Transaction executed unless agreed otherwise by the Parties hereto. However, any and all bank charges (concerning transfer, charges etc) will be deducted from the clients cash balance. كما أن هناك رسوم عدم نشاط بقيمة 1010GB10 في الشهر والتي سيتم تحميلها على كل عميل يكون حسابه غير نشط لفترة تزيد عن 3 أشهر. Activity, in this sense, is a client logging in to their trading account. The fee will be deducted directly from each clients trading account, from their available balance. To avoid this 1010GB10 inactivity charge a client must log in to their trading account at least once every three (3) months. Clients whom have never deposited money in their trading account, will not be charged an inactivity fee. Clients with less than a 1010GB10 balance in their trading account, will be charged that balance amount, thus bringing their account to zero. Suspended accounts are still liable to pay the inactivity fee, if conditions arise. Closeddisabled accounts are not charged inactivity fees. For foreign currency accounts the inactivity fee will be a direct conversion of US10, using the conversion rate of the day 23. Transactions and Trade Characteristic 1. Every Transaction shall be executed in accordance with the applicable procedures as set forth in the Best Execution Policy. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration. 2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System. 24. Stop of Trade, Inaccurate Quotes, Force Majeure 1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to unforeseen circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions clients may have (by performing a Reverse Transaction) without prior written notice being sent to the clients, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. Clients hereby waive any claims of indemnification suits causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement. 2. The Company reserves the right to cancel any Transaction which due to a System andor human error, whether under the control of the Company or not, has been executed at a price which at the time of the Transaction was not the indicative andor accurate price of that said Financial Contract created by the transaction. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 25. Intellectual property 1. This Web site belongs to Novox Capital Ltd or a third party including our licensors. This content may include names, terms andor data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party. 2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of trading in our products. 3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of Cyprus law or these T038C, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. In addition to the above, you agree not to deep-link to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Companys Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. 30. Proprietary Protection The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 You may not copy, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time. The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. The Company cautions clients to make sure they understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and client agrees that under no circumstances will they hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 33. Current and binding form Client acknowledges and agrees to the fact that the Company may update andor adjust andor amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be communicated to the client and published on the Companys Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time. Client acknowledges that the Software contains proprietary trade secrets of the Company and they hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the T038C of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such T038C. 35. Limited Warranty ANY USE BY YOU OF THE COMPANYS WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED AS IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, AS FAR AS POSSIBLE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 36. Limitation of Liability IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANYS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATESCOUNTRIES DO NOT 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The company is not responsible for any problems or technical malfunction of telephone network or lines, on any computer online systems, servers or providers, hardware, software, or failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 37. Anti Money Laundering No person shall abuse this site for the purpose of money laundering. The Company is obliged to follow the requirements as set out by the European Union, relevant domestic laws and the Regulations issued by CySEC for the prevention and suppression of money laundering activities. It is thus required by the company to obtain certain verification documents from its Customers. The Company maintains policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. The Company may request from the Customer to inform it on the origin of the money being invested. This process may require proof of certain documentation. The Company may use the Customer information in order to carry out credit, anti-money laundering and fraud prevention checks to exercise andor defend the Companys legal rights and to comply with applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. The Company reserves the right to refuse to do any business with and to reverse the transactions of Customers in accordance with the AML requirements and policies. 38. Privacy Statement The Company regards of prime importance the privacy of its Customers and protection of their personal information. The company stores and processes client information on servers where it is protected by both physical and technological security measures. The company shall not sell or rent client personal information to third parties for any purposes without clients previous explicit consent and we shall only use this information as described in our Privacy Policy. 39. Termination of Agreement a) The Company may terminate this Agreement at any time by giving the client notice to this effect. b) Clients may terminate this Agreement at any time by giving the Company a 48 hours advanced notice. c) Termination of the Agreement by any of the Parties shall require clients to close all open positions by executing the required Transactions. d) As of the date of the termination notice by clients, they may not execute any new Transactions, which shall open new positions in their accounts. 40. Investor Compensation Fund The Company being a member of the Investors Compensation Fund (the Fund) provides the Customer with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfill its obligations regardless of whether that obligation arises from a breach of applicable law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement the client has read, understood and accepted the information under the title INVESTOR COMPENSATION FUND which is published on this website, available for all to read. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any investor of EUR 20,000. 41. Conflicts of Interest a) The Company is required to have systems in place to manage conflicts of interest between the Company and its customers and between other customers. The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided it shall ensure that customers are treated fairly and at the highest level of integrity and that their interests are protected at all times. b) The Customer acknowledges and accepts that he has read and accepted the Conflicts of Interest policy of 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company, which is published on this website. a) This Agreement and T038C. including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally. b) All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto. c) Clients may not transfer this Agreement or any of their rights or obligations hereunder to any third party. d) The Company or an authorized party on its behalf may send to clients any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by clients to the Company must be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company. e) This Agreement shall be construed and enforced in accordance with, and shall be governed by the Republic of Cyprus, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of the Republic of Cyprus (the Courts) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts. f) In the event that a client wishes to make a complaint heshe must complete and submit the online complaint form. The company will respond within 48 hours. By using the services offered by the Company and by using this website the user agrees that Novox Capital Ltd. the author and any other entities associated with Novox Capital Ltd. shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc. and any other information contained in regard to its use and understanding. a) By accessing, visiting andor using this Website or any other webpage thereon, you unequivocally and unreservedly express your binding agreement to any and all of these terms. b) Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Website users, what we may do with it, and what you can do to protect your privacy. c) This policy applies to all information collected to or submitted on Website. You may be able to execute financial transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include users name, home address, e-mail address, telephone number, bank account, credit card number, etc. whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act according to the updating your information instructions therein. You hereby confirm that you aware to the fact that due to legal requirements some of your information detailed cannot be changed. d) Website may also collect other types of information, as logged by Websites servers, including your IP address, browser type and language, and the date and time of your visit, in order to infer certain user trends or to block certain users from accessing Website. Thus, Website may assign your computer one or more cookies which 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 may collect information in order to facilitate access to Website and to personalize your online experience, and or use standard or non-standard internet tools, such as web beacons or monitoring programs, which collect information that tracks your use of Website and enables it to customize our services and promotions. e) Personal information given to us by you shall not be disclosed to any third party without your prior consent, unless such information: (i) is required to be disclosed to related companies of ours (ii) was publicly known to us andor made generally available in the public domain prior to the time of disclosure by you (iii) becomes publicly known and made generally available after disclosure by you to us through no action or inaction of us (iv) is required to be disclosed by law or regulation, in which case we shall give the you as much advance notice of the proposed disclosure as is practical (including a copy of any written request or order)in order to allow you to limit or restrict such disclosure (v) is furnished or made known to us by a third party otherwise than in breach of any of our confidentiality obligation hereunder is independently developed by us without reference to the information disclosed by you or was known to us, without restriction, at the time of disclosure by you , as shall be shown and evidenced by written documents or (vii) is required to be disclosed in order for us to protect our rights. f) In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. g) In order to protect child privacy, we never knowingly collect or maintain information from users under 18 no part of our website is structured to attract anyone under 18. h) If you so wish, you may choose and ask not to receive emails andor newsletters from the Website, andor delete or decline cookies by changing your browser settings. i) This privacy policy may be changed from time to time. We reserve the right, at any time, to amend, alter, modify or change, as we see fit, any term of this Privacy Policy our without any prior notice, and you hereby agree to conform to the current version as published in this site. Privacy PolicyTerms and Conditions Client Agreement and General Terms 038 Conditions IMPORTANT YOU SHOULD READ AND ACKNOWLEDGE THIS CLIENT AGREEMENT AND TERMS AND CONDITIONS IN ITS ENTIRITY BEFORE COMPLETING REGISTRATION (HEREINAFTER REFERRED TO AS: AGREEMENT ANDOR T038C). BY ACCEPTING THIS CLIENT AGREEMENT AND THESE T038C AND THEREFORE REGISTERING ANDOR USING THE COMPANYS SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CLIENT AGREEMENT AND THESE T038C OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS T038C. IF YOU DO NOT AGREE TO ANY OR ALL OF THE T038C SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE. This Agreement is entered into by Novox Capital Ltd. a Cyprus Investment Firm registered under the laws of The Republic of Cyprus, with registration number HE292182, having its registered office at 60 Regaena Str. 3rd Floor, Nicosia 1010, Cyprus (hereinafter referred to as: the Company) and yourself (hereinafter referred to as: you or Customer), (In this Agreement the Company and you may be referred to collectively as the: Parties). The Company is authorized and regulated in Cyprus by the Cyprus Securities and Exchange Commission (hereinafter referred to as CySEC) and subject to CySEC rules (with license number 22414), with Cypriot Investment Firm (hereinafter referred to as: the CIF). The Company is authorized to provide the investment services as specified in this Client Agreement and T038C. The relationship between the Client and the Company is governed by this Agreement and T038C. As this Agreement is a distance contract, it is also governed by the Distance Marketing of Consumer Financial Services Law N24(I)2004, implementing the EU Directive 200265EC, whereby the signing the Agreement is not required and the Agreement has the same rights and liabilities as a duly signed contract. In the case where the Client wishes to have a signed copy of this agreement, the Client should print and send 2 (two) signed copies to the Company, where the Company will duly sign and stamp the Agreements and return one copy back to the Client. The Company offers an online system facilitating the execution of transactions of Financial Contracts (as defined hereunder) by means of various trading solutions and platforms, as well as pricing and risk management services. This Agreement and T038C applies to both the Companys URLs and such as but not limited to trading Systems as well as to the electronic content andor software currently contained on the Web site that supplies its clients with real time information about the prices of the Financial Contracts derivatives that it offers as well as with the trading Systems for the execution of Financial Contracts (hereinafter referred to as: the Service(s)), and any other features, content or services that the Company may add in the future. The Company through the online trading platform provides its Services directly to its customers andor sometimes by the use of authorized partners. In the event that the Company has a local partner, the Company may delegate to such representative any powers andor authorities it so deems fit and necessary from time to time, in connection with the local operations of the trading system at your country of residence. Specifically, the company is outsourcing the following departments: sales, marketing, retention, fraud, finance, and client support. In the event of clients choosing to make use of Robots or Expert Advisors, the clients do so at their own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) Binary or Digital Options shall mean an option which offers a potential fixed return predetermined at the opening of the Contract b) Business Day shall mean any calendar day beginning at 00:00 and ending at 23:59 GMT2 c) Collateral shall mean the initial sum deposited by the client with the Company after the deduction of loses, deduction of funds withdrawn by the client, plus profits derived from the Transactions d) Contract Price shall mean the prices offered by the System which are based upon indicative prices provided by various financial information systems as the current updated rates for contracts in the financial markets e) CySEC shall mean the Cyprus Securities and Exchange Commission the body in charge of regulating the financial markets in Cyprus f) Derivatives shall mean a contract whose value is derived from that of an underlying financial instrument. g) Emir shall mean the European Market Infrastructure Regulation (EMIR) is a European Union regulation designed to increase the stability of the over-the-counter (OTC) derivatives markets throughout the EU states. h) Financial Contract or Contract shall mean a contract to open a Binary Options or Digital Options position or any other financial service that the Company may offer to its customers through the System i) Market making A market maker or liquidity provider is a company, or an individual, that quotes both a buy and a sell price in a financial instrument or commodity held in inventory. j) Markets shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free trade, and other markets where various financial assets are traded k) MiFid shall mean The Markets in Financial Instruments Directive a European Union law that provides harmonized regulation for investment services across the 31 member states of the European Economic Area l) Multilateral Trading Facility is a multilateral system operated by an Investment Firm or market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments (in the system and in accordance with its nondiscretionary rules) in a way that results in a contract m) Regulated Market shall mean the multilateral system managed or operated by a market operator and which brings together or facilitates the bringing together of multiple third-party buying andor selling interests in financial instruments (in the system and in accordance with its non-discretionary rules) in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules andor systems, in which are authorized and functions regularly in accordance with the provisions of Law 144(I)2007 or respective legislation of other member states that are enacted in compliance with Directive 200439EC. n) System shall mean an electronic system designed to allow trading in Financial Contracts a platform, over the internet, subject to all terms of this Agreement and the terms as defined in the Trading Manual, which is an integral part of the Agreement o) Trading bonuses are our way of thanking new customers for choosing to trade with us. A first-deposit bonus gives traders more buying power, thus giving them the ability to open larger or more frequent trades. Other types of bonuses may also be offered from time to time p) Transaction shall mean purchase or sale of a Financial Contract for a fixed price q) US client customer are client who are U. S. citizen (either dual or not) andor a holder of U. S. passport andor entitled to lawful permanent resident status in the U. S.A. (green card) andor was born in the U. S.A. Legal Entity incorporated in the U. S.A. andor have a U. S. residence address or a U. S. correspondence address (including a U. S. PO Box) andor a U. S. resident, alien for tax purposes. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 4. Membership Eligibility The Companys Services are available and may be used only by traders who can form legally binding contracts under the applicable laws in their own country of residence. The investment Services are only available to persons over the age of 18 or otherwise above the legal age and who can legally execute binding contracts under the laws of their country of residence. Without limiting the above, our Services are not available where their use is illegal, and the Company reserves the right to refuse andor cancel Services to anyone at any time, at its own discretion. In addition, the company does not, and will not accept U. S. clients. Furthermore, the Company declares that it is not, and shall not, be responsible in any way to the inaccuracy of information published on its Web site by others, and as such every published or referenced item of information should be regarded as unfounded information in regard to the management of their activities and risks. We strongly advise that all information is checked and confirmed by each individual trader, through independent information sources of their choice, prior to the execution of any transactions by themselves. 5. Provision of Services 1. The Company is authorized by CySEC to provide the following investment services in accordance with its CIF authorization: a) Reception and transmission of orders in relation to one or more Financial Instruments. b) Execution of orders on behalf of clients. c) Dealing on own account. 2. The Company is also authorized to provide the following ancillary services: a) Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cashcollateral management. b) Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the company is involved in the transaction. c) Foreign exchange services where these are connected to the provision of investment services. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 3. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 6. Client Categorization a) All clients are categorized as Retail Clients. This categorization provides the highest level of protection, as opposed to Professional Clients or Eligible Counterparties. b) The client is bound by the method and process of categorization as this is defined and thoroughly explained in the CLIENT CATEGORISATION document which can be found on the Companys website under the title CLIENT CATEGORISATION in the LEGAL section. By accepting these T038C, the Client accepts the application of the categorization method as this is defined in the CLIENT CATEGORISATION policy. c) The Company will deal with the Client according to the rules of professional conduct based on which the Client will be treated as a Retail Client in accordance with the information provided to the Company during the Account opening procedure. The Client must immediately inform the Company in the case of any changes concerning the clients personal information. In the event that the Client wishes to be re-categorized the Client must inform the Company in writing, clearly stating such a wish. The final decision of the change in categorization, however, lies in the absolute discretion of the Company. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) The Company will take all reasonable steps to obtain the best possible trading rates for its Clients when providing pricing and quotes in relation to financial instruments. The Companys Best Execution Policy sets out a general overview on how orders are executed as well as many other factors which affect the execution of a financial instrument. b) By accepting these T038C, the Client acknowledges and accepts that he has read and understood the Best Execution Policy of the Company, which is available for examination on the Companys website under the heading LEGAL. a) By accepting all of the T038C of this Agreement you understand and accept the fast-paced nature of the companys business and products, and you confirm that you wish establish a business relationship with it. b) Upon execution of this Agreement, the Company shall create an account in your name and ownership in the System. The account and other relevant details shall be in accordance with the information provided by you, as is required by the Company and regulation. You must ensure that the information provided by yourself is complete, true and accurate. It is hereby clarified that the provision of misleading information may be regarded as a legal offence and shall entail immediate cessation of activities in your account andor its immediate closure. You acknowledge that upon the completion of your identification procedure by the Company, it may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System from time to time, and to that end may transfer identification details provided to it by yourself. c) It is hereby clarified that in due course full compliance procedures, as required by CySEC, will be performed by the company on each of its clients, which will include but are not be limited to KYC, AML, Appropriateness test, and Client Classification. Specifically, for a clients account to be approved to trade and withdraw funds the client must submit official proof of address and proof of identification in color format. A color copy of the credit card used for deposit is also a prerequisite before withdrawals can be approved. Please note that conditions for compliance might be subject to periodic changes based on the European AML directives amendments. d) By accepting all of the T038C of this Agreement you understand that all client accounts are subject to review at the latest every six (6) months, in order to replace any expired KYC documents, and possibly to request further clarification documents if necessary. Continued compliance must be adhered to by both the operator and its traders. Failure to submit new documents as and when requested can lead to the suspension of a clients account. e) By accepting all of the T038C of this Agreement you understand that you have a given time limit by which you must complete the KYC process, by submitting your proof of address and proof of identification. If you fail to do this, and your trading account is not approved, by the end of the time-limit given, you understand that your trading account will be suspended. While suspended you will not be able to deposit, trade, or withdraw any funds, until your account is approved and re-activated. If you fail to have your account approved within a certain time frame of suspension, your trading account will be permanently closed. f) By accepting all of the T038C of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to carry out orders and activities in accordance with your instructions all in accordance with the powers granted to the Company under this Agreement andor for the provision of the Services. You also agree to receive news, information and promotional material from the company from time to time. g) To remove any doubts, the execution of any Transaction in the account is subject to the deposit of the Collateral by you. The Company shall not allow you to execute any Transaction without the said deposit andor in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Companys policy from time to time. For the avoidance of doubt, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading. All funds shall be held by the Company on your behalf and the Company may deposit such funds with any financial institution it holds bank accounts with. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in your account, 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company shall have the right to decrease your exposure in the said Transaction andor approach you to rectify such required Collateral andor demand from you payment in full for any deficiency which has occurred by your Transaction which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Transaction and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by the Company. h) To remove any doubts, it is hereby clarified that the Company may, at its sole discretion, amend from time to time the terms governing the use of the System, the scope of its Services and the sum of the Collateral required for the execution of Transactions by you. Any amendments will be communicated to all clients via the Companys site. However, any such 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. i) Upon the opening of the account, the Company shall issue you with a confidential personal identification password (hereinafter: the login password) to be used by you to operate your account via the Internet. You hereby irrevocably undertake to safeguard the login password and hereby waive any and all claims against the Company relating to any unauthorized use of the login password. j) Acquisition of Financial Contracts through the System must be executed in accordance with the latest version of the T038C published on this site. To remove any doubts, the Company may amend, change or cancel any part of the said T038C, and their effect shall be from the date such amended terms have been published on the site. Acquisition of a Financial Contract is completed when the Financial Contract has been customized, the premium has been calculated and payment has been verified. k) Deposits can only be made using creditdebit cards, or from bank accounts belonging to the trading account holder. No deposits are acceptable from third party bank accounts or by using the creditdebit card of a third party, unless documented authorization is provided by the cardholder. No cash deposits are acceptable. Anyone who executes a deposit into their trading account through an unauthorized third party source will immediately have their trading account closed, and a legal investigation will begin to ascertain whether the card used was stolen. l) The only exception to the above rule is that clients can make deposits using a relatives credit card, on condition that a signed letter of authorization has been previously submitted by the card holder, giving their permission for the card to be used, and also stating their exact relationship to the trader client. The card holder authorizing the use of their card will also have to submit their Proof of Identification. which will need to be approved by the compliance officer. A color copy of the credit card, front 038 back will also have to be submitted. 9. Company obligations The Company hereby warrants and undertakes that: a) It has the required skills and expertise to provide the Services. b) Neither today, nor in the future shall it provide any financial advice to you or any of its customers and no information which may be found on the Companys Web site may be considered as financial advice for any purpose whatsoever. To remove any doubts, information given on the site, the System andor emails or newsletters sent by the Company related to its Services or financial markets, is not intended to be used as financial or investment advice and the Company shall not accept any liability in this respect. It shall not be liable in any way whatsoever for any claims, suits, contentions, losses, expenses, damages etc. incurred by you as a result of your reliance on any information provided by the Company. c) The maximum loss that you may suffer by using the trading platform, is the amount of money paid by you to the Company as Collateral andor any sums in your Account which you have used to purchase Financial Contracts. d) The Company does not provide a market amongst or between customers for investments, securities, derivatives or speculations. Each Financial Contract purchased via the System, is an individual agreement between you and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 From time to time the company may increase its client base through the efforts of affiliates andor Introducing Brokers. These efforts are rewarded by way of commissions andor trading bonuses, which are totally separate and independent from clients deposits and funds. For further details on this subject please contact the company directly. a) The Company reserves the right to suspend the operation of this site or sections thereof under the following circumstances: b) 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 or the System shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a price cannot be calculated for financial contracts or c) 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 calculated or d) When the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the price of a specific Contract in particular. e) Under such circumstances, other than in the case of abuse or manipulation of the System, the Company may at its sole discretion (with or without notice) close out your 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. f) In case of abuse or manipulation of the System, the Company may at its sole discretion take any measures it deems fit and appropriate under the said circumstances. 12. Client conditions The company hereby warrants and undertakes that: a) All details provided by you to the Company are true, complete and accurate and that you are an adult over the age of 18 (or the required minimum age in your country of residence) so that you may be legally bound by the terms of this Agreement. b) You shall be the sole owner and beneficiary of the account. c) You are aware and you hereby acknowledge that the Company cannot control your actions and you are required to make necessary inquiries as to the legal status of your activities and applicable local laws and regulations, as currently in force in your country of residence and abide by such laws and regulations. You understand that laws regarding Financial Contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any laws, regulations or directives, relevant to your country of residency with regards to the use of the Web site andor the System. For avoidance of doubt, an actual ability to access the Companys Web site does not necessarily mean that the Services and your activities are legal under the laws, regulations or directives, relevant to your country of residence. You hereby confirm, after conducting the necessary inquiries, that there is no legal constraint which precludes you from using the System or executing Transactions as described in this Agreement. To remove any doubts, the Services are not to be used where they are illegal to use, and the Company reserves the right to refuse to provide andor cancel Services, in whole or in part, to anyone at any time, at its own discretion without cause, including but not limited to events in which the Company learns that you are performing activities which are not regulated under the laws of your place of residence. d) All funds deposited by you in your account, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc. To remove any doubts, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf by the Company or anyone on its behalf. Such monies are used as collateral for your transactions in the System. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 e) You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood all the information included in the Risk Disclosure which is published on the Companys website. f) You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person or by your agent or attorney or the Companys employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions andor orders. You are fully responsible for ensuring that you and you alone control access to your account, and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the site for your account. You shall also indemnify 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 your failure to perform or settle such a transaction. g) You are aware that the Company does not provide any equipment nor is it an Internet Service Provider and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, on your end, or any other equipment not provided by the Company andor any Internet connection malfunction andor any computer program or software bugs andor errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. You shall be responsible for providing and maintaining the means by which to access the Web site, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access, service, license and subscription fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as computer or your computer). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your 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. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device. h) You acknowledge and confirm that the Company does not represent, warrant or guarantee that: (i) you will be able to access or use the web site at times or locations of your choosing, or that the Company will have adequate capacity for the web site as a whole or in any geographic location and (ii) the web site will provide uninterrupted and error-free service. You hereby further acknowledge and confirm that the Company shall not be responsible for an impossibility to execute orders and requirements due to failures in the operation of information systems caused by faults, of any kind whatsoever. i) You shall duly report your activities to any applicable tax or other authority, as may be required by any laws applicable to you or to your country of residence and you shall pay all applicable taxes, levies, governmental fees and charges associated with the activities of your account including required deductions at source and you forego any claim against the Company in this respect. j) You shall not abuse this site nor the System for the purpose of money laundering. The Company employs best-practice anti-money laundering procedures, which may have several effects on you. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the Transactions of, customers who do not accept or adhere to these anti-money laundering processes. The anti-money laundering processes have the following effects on customers: k) You must complete the account opening form which requests details that establish your identity. l) Winnings may only be paid out to the account-holder, and to a bank account under hisher own name and not to any third partys account. When maintaining an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the account-holders responsibility to ensure that their banks account number and name accompany all transfers to the Company. When a client maintains an account by means of creditdebit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 m) Only one account is allowed per person. لا يمكن جمع المكاسب على الحسابات المفتوحة بأسماء كاذبة أو على حسابات متعددة فتحها نفس الشخص. n) In the event that you choose to make use of Robots or Expert Advisors, you do so at your own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. o) You have read this Agreement in its entirety, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms. 13. Improper or Abusive Trading Should you execute trading strategies acting in bad faith, that is, you or any representative of yours trading on your behalf is committing any improper or abusive trading act such as for example: a) fraudillegal actions that led to the transaction b) orders placed based on manipulated prices as a result of system errors or system malfunctions c) arbitrage trading on prices offered by our platforms as a result of systems errors andor d) coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates. Then the Company will have the right to: i. adjust the price spreads available to you andor ii. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only andor iii. obtain from your account any historic trading profits that you have gained through such abuse of liquidity as determined by us at any time during our trading relationship andor iv. reject an order or to cancel a trade andor v. immediately terminate our trading relationship 1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein. 2. Funds belonging to clients for the purpose of trading will be kept in one or more omnibus accounts with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Companys name. 3. It is understood that the Company may hold funds on behalf of Clients in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events in relation to that bank, Clients funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 4. Any profits accruing from your Transactions shall be added to clients accounts as supplementary collateral. All losses resulting from your Transactions shall be deducted from clients accounts. 5. To remove any doubts, credit balances shall bear no interest. 15. Trading Bonuses 038 Competitions All bonuses are redeemable. This means that the actual bonus itself can be withdrawn. For information on the specific trading volume requirements please read the companys Bonus Terms 038 Conditions. If a client submits a withdrawal request prior to trading the necessary volume, as defined in the terms of the bonus, then the bonus amount (and any subsequent profits) will be removed before the client can withdraw any 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 of the remaining funds. When stated so, cash bonuses can be instantly withdrawn as cash, with no attached terms or conditions. Clients are free to accept or reject any bonus, but are always urged to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonusbenefit and closure of the clients account on the Companys website. The bonusesbenefits must be used within the period defined in the details of the special offer. Should the bonus benefit fail to be used within this time frame, the bonusbenefit will be withdrawn from the clients account. The Company reserves the right to revoke the bonusbenefit should the special offer be abused andor should the offers terms fail to be met. The Companys decision should this be the case shall be final. The Company reserves the right to revoke or change the offers at any time without prior notice. The minimum deposit for a bonusbenefit is 200. The maximum bonusbenefit a trader can receive is 10,000. From time to time the operator may offer various competitions to its clients, the winners of which will be published on the website. Also from time to time the company may offer a certain number of secure trades to its clients. With secure trades the company will reimburse any pre-defined number of trading losses incurred by the client, with a bonus of equal size, as specified in the terms of the offer. Occasionally the company may have a draw and award the winners gifts such as laptops, smartphones, software andor free memberships to financial information companies. In such cases the trader will be informed from within the advertisement what needs to be done to enter the draw. For example the trader may have to download a smartphone application or answer a questionnaire. The winners, as randomly drawn, will be published on the website, and these published results will be final. Winners will be informed by email, and any physical prizes will be posted directly to them. 16. Additional deposits, Withdrawals 1. Any withdrawal of the available cash in a clients account, whether partial or total, including any accrued profits (but not future profits) shall be executed by the client, via the online trading platform, with prior notice to the Company of at least seven business days. 2. Withdrawal amounts are always returned back to the original source of deposit (the credit card, for example), up to the amount of the deposit. Any further amounts (profits), may be also credited to the credit card, or they will be forwarded by bank wire to the clients personal bank account, in the country where the trading account is registered. 3. Withdrawal requests are submitted by the client directly into the system via the online withdrawal facility. Withdrawal requests are not accepted over the telephone or by email, except in very rare cases when the client is undergoing technical difficulties, in which case the withdrawal may be executed manually for the client. All communications surrounding such manual withdrawals are logged and archived. 4. All withdrawal orders made by the client must follow the provision of the proper set of compliance documentations or any other type of client authentication as may be required from time to time by Anti-Money Laundering (AML) Regulations, credit card companies and the Website as a prerequisite, prior to the execution of a withdrawal order. Specifically for clients who deposited using a creditdebit card, no withdraw will be cleared for execution until the client has submitted a color copy of the front and back of the credit card used. In the event where the client submits a withdrawal request prior to submitting the color copies of the creditdebit card used, then the withdrawal will be placed on a 7 day pending status. If the client submits the missing document within the 7 days, then the withdrawal will be processed. If not, the complete available balance in the clients account (minus any profits) will be returned to the client (to the credit cardbank account of origin), and the account will be closed. 5. All withdrawals are subject to the discretion of the Companys Compliance Department and any suspicious transaction shall be recorded and reported accordingly. 6. For withdrawals to be executed they must also abide by the T038C for any possible trading bonuses granted. 7. To remove any doubts, all withdrawals requested by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment, provided all terms and conditions for withdrawals have been satisfied. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 8. You the client are allowed one free withdrawal each month. For every subsequent withdrawal in the same month there will be a 3030 processing charge. 9. The minimum acceptable withdrawal amount is 303030. Amounts smaller than this will be rejected automatically by the system. 10. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. 11. Clients may transfer to their account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited. 12. Payment by credit cards may be made to the Company via creditdebit cards subject to the regulations of the applicable credit cards issuers. 13. No withdrawals will be processed on days which are public holidays in Cyprus. A list of these holidays can be found at en. wikipedia. orgwikiPublicholidaysinCyprus 17. Closure of account To request the closure of their account clients must complete and submit the Account Termination Form. Having completed the form and emailed it in to the company the client should also ensure that all trades have been closed from within the trading platform, and then the client should also submit a withdrawal request for all the funds in their account. In the event that a clients account is closed by the company due to non-completion or the failing of compliance, then all the funds remaining in the clients account (minus any profits) will be returned to the source credit card bank account. The MLCO will consider further investigation under AML policies. The company reserves the right to close the account of any client who is considered to carry a risk to the future of the company and for the clients of the company. This will especially apply if the client is suspected of using alternative pricing engines tools, or even insider information, which is bringing about continuous and large losses to the company. Prior to closing a clients account, however, a full investigation is made, and the client is placed in the high-risk category. This will result in the client receiving pricing and spreads more appropriate to his continuous profits. If the client remains on the high-risk-category, which can only be the result of some kind of technical manipulation, the clients account will be closed. If the clients manipulative actions cannot be proved, the balance of their account will be withdrawn to the client, and a communication will be sent to the client explaining the reasons behind these actions. If, on the other hand, manipulation is proven, no further monies will be sent to the client, the account will be closed, a communication will be sent expla ining the companys actions, and possibly legal action will be taken against the client also. 18. Duly Authorized Persons Only the account-holders themselves are authorized to trade using their individual trading accounts. If an accountholder allows any third person access to his account to trade on his behalf, he does so at his own risk, and the company neither approves of such action, neither takes any responsibility for anyall loses incurred. 19. Recording of Telephone Conversation and Record Keeping The Company, or an authorized party on its behalf, will record every telephone conversation. 1. The Company or an authorized party on its behalf shall maintain records of all your Transactions. 2. Any of these recordsrecordings may be used by the Company for any purpose the Company sees fit (provided that this does not conflict with the risk disclosure), including the resolution of conflicts which might occur between the Parties. 3. It is hereby clarified that the said recordsrecordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in the event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, following strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating andor 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 copying of any record andor documents in accordance with the then current the Company official price list for such services. 20. Risks and Liability a) All Transactions to be carried out by you are executed on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement. To remove any doubts, in any event, any sum to be claimed by you may not exceed your Collateral. b) In reading this, all clients hereby declare that they understand and accept that a fundamental pre-condition to this Agreement, relates to the Companys right to close at any time, without an advanced notice, any Transaction executed by the client, in the event that their portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts prices. The company is following strictly all EMIR reporting requirements. At the end of each trading day, confirmations of all Transactions that have been executed on that trading day will be available via the Customers online account through the System. Clients may request to receive account statements monthly or quarterly via email, by providing such a request to the Company, but the Company is not obliged to provide the Clients with hard-copy account statements. The account statement is provided at the expense of the client. 22. Commissions and fees Clients are not charged any commissions or fees by the Company for any Transaction executed unless agreed otherwise by the Parties hereto. However, any and all bank charges (concerning transfer, charges etc) will be deducted from the clients cash balance. كما أن هناك رسوم عدم نشاط بقيمة 1010GB10 في الشهر والتي سيتم تحميلها على كل عميل يكون حسابه غير نشط لفترة تزيد عن 3 أشهر. Activity, in this sense, is a client logging in to their trading account. The fee will be deducted directly from each clients trading account, from their available balance. To avoid this 1010GB10 inactivity charge a client must log in to their trading account at least once every three (3) months. Clients whom have never deposited money in their trading account, will not be charged an inactivity fee. Clients with less than a 1010GB10 balance in their trading account, will be charged that balance amount, thus bringing their account to zero. Suspended accounts are still liable to pay the inactivity fee, if conditions arise. Closeddisabled accounts are not charged inactivity fees. For foreign currency accounts the inactivity fee will be a direct conversion of US10, using the conversion rate of the day 23. Transactions and Trade Characteristic 1. Every Transaction shall be executed in accordance with the applicable procedures as set forth in the Best Execution Policy. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration. 2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System. 24. Stop of Trade, Inaccurate Quotes, Force Majeure 1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to unforeseen circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions clients may have (by performing a Reverse Transaction) without prior written notice being sent to the clients, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. Clients hereby waive any claims of indemnification suits causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement. 2. The Company reserves the right to cancel any Transaction which due to a System andor human error, whether under the control of the Company or not, has been executed at a price which at the time of the Transaction was not the indicative andor accurate price of that said Financial Contract created by the transaction. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 25. Intellectual property 1. This Web site belongs to Novox Capital Ltd or a third party including our licensors. This content may include names, terms andor data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party. 2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of trading in our products. 3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of Cyprus law or these T038C, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. In addition to the above, you agree not to deep-link to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Companys Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. 30. Proprietary Protection The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 You may not copy, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time. The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. The Company cautions clients to make sure they understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and client agrees that under no circumstances will they hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 33. Current and binding form Client acknowledges and agrees to the fact that the Company may update andor adjust andor amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be communicated to the client and published on the Companys Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time. Client acknowledges that the Software contains proprietary trade secrets of the Company and they hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the T038C of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such T038C. 35. Limited Warranty ANY USE BY YOU OF THE COMPANYS WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED AS IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, AS FAR AS POSSIBLE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 36. Limitation of Liability IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANYS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATESCOUNTRIES DO NOT 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The company is not responsible for any problems or technical malfunction of telephone network or lines, on any computer online systems, servers or providers, hardware, software, or failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 37. Anti Money Laundering No person shall abuse this site for the purpose of money laundering. The Company is obliged to follow the requirements as set out by the European Union, relevant domestic laws and the Regulations issued by CySEC for the prevention and suppression of money laundering activities. It is thus required by the company to obtain certain verification documents from its Customers. The Company maintains policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. The Company may request from the Customer to inform it on the origin of the money being invested. This process may require proof of certain documentation. The Company may use the Customer information in order to carry out credit, anti-money laundering and fraud prevention checks to exercise andor defend the Companys legal rights and to comply with applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. The Company reserves the right to refuse to do any business with and to reverse the transactions of Customers in accordance with the AML requirements and policies. 38. Privacy Statement The Company regards of prime importance the privacy of its Customers and protection of their personal information. The company stores and processes client information on servers where it is protected by both physical and technological security measures. The company shall not sell or rent client personal information to third parties for any purposes without clients previous explicit consent and we shall only use this information as described in our Privacy Policy. 39. Termination of Agreement a) The Company may terminate this Agreement at any time by giving the client notice to this effect. b) Clients may terminate this Agreement at any time by giving the Company a 48 hours advanced notice. c) Termination of the Agreement by any of the Parties shall require clients to close all open positions by executing the required Transactions. d) As of the date of the termination notice by clients, they may not execute any new Transactions, which shall open new positions in their accounts. 40. Investor Compensation Fund The Company being a member of the Investors Compensation Fund (the Fund) provides the Customer with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfill its obligations regardless of whether that obligation arises from a breach of applicable law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement the client has read, understood and accepted the information under the title INVESTOR COMPENSATION FUND which is published on this website, available for all to read. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any investor of EUR 20,000. 41. Conflicts of Interest a) The Company is required to have systems in place to manage conflicts of interest between the Company and its customers and between other customers. The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided it shall ensure that customers are treated fairly and at the highest level of integrity and that their interests are protected at all times. b) The Customer acknowledges and accepts that he has read and accepted the Conflicts of Interest policy of 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company, which is published on this website. a) This Agreement and T038C. including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally. b) All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto. c) Clients may not transfer this Agreement or any of their rights or obligations hereunder to any third party. d) The Company or an authorized party on its behalf may send to clients any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by clients to the Company must be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company. e) This Agreement shall be construed and enforced in accordance with, and shall be governed by the Republic of Cyprus, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of the Republic of Cyprus (the Courts) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts. f) In the event that a client wishes to make a complaint heshe must complete and submit the online complaint form. The company will respond within 48 hours. By using the services offered by the Company and by using this website the user agrees that Novox Capital Ltd. the author and any other entities associated with Novox Capital Ltd. shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc. and any other information contained in regard to its use and understanding. a) By accessing, visiting andor using this Website or any other webpage thereon, you unequivocally and unreservedly express your binding agreement to any and all of these terms. b) Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Website users, what we may do with it, and what you can do to protect your privacy. c) This policy applies to all information collected to or submitted on Website. You may be able to execute financial transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include users name, home address, e-mail address, telephone number, bank account, credit card number, etc. whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act according to the updating your information instructions therein. You hereby confirm that you aware to the fact that due to legal requirements some of your information detailed cannot be changed. d) Website may also collect other types of information, as logged by Websites servers, including your IP address, browser type and language, and the date and time of your visit, in order to infer certain user trends or to block certain users from accessing Website. Thus, Website may assign your computer one or more cookies which 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 may collect information in order to facilitate access to Website and to personalize your online experience, and or use standard or non-standard internet tools, such as web beacons or monitoring programs, which collect information that tracks your use of Website and enables it to customize our services and promotions. e) Personal information given to us by you shall not be disclosed to any third party without your prior consent, unless such information: (i) is required to be disclosed to related companies of ours (ii) was publicly known to us andor made generally available in the public domain prior to the time of disclosure by you (iii) becomes publicly known and made generally available after disclosure by you to us through no action or inaction of us (iv) is required to be disclosed by law or regulation, in which case we shall give the you as much advance notice of the proposed disclosure as is practical (including a copy of any written request or order)in order to allow you to limit or restrict such disclosure (v) is furnished or made known to us by a third party otherwise than in breach of any of our confidentiality obligation hereunder is independently developed by us without reference to the information disclosed by you or was known to us, without restriction, at the time of disclosure by you , as shall be shown and evidenced by written documents or (vii) is required to be disclosed in order for us to protect our rights. f) In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. g) In order to protect child privacy, we never knowingly collect or maintain information from users under 18 no part of our website is structured to attract anyone under 18. h) If you so wish, you may choose and ask not to receive emails andor newsletters from the Website, andor delete or decline cookies by changing your browser settings. i) This privacy policy may be changed from time to time. We reserve the right, at any time, to amend, alter, modify or change, as we see fit, any term of this Privacy Policy our without any prior notice, and you hereby agree to conform to the current version as published in this site. Privacy PolicyTerms and Conditions Client Agreement and General Terms 038 Conditions IMPORTANT YOU SHOULD READ AND ACKNOWLEDGE THIS CLIENT AGREEMENT AND TERMS AND CONDITIONS IN ITS ENTIRITY BEFORE COMPLETING REGISTRATION (HEREINAFTER REFERRED TO AS: AGREEMENT ANDOR T038C). BY ACCEPTING THIS CLIENT AGREEMENT AND THESE T038C AND THEREFORE REGISTERING ANDOR USING THE COMPANYS SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CLIENT AGREEMENT AND THESE T038C OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS T038C. IF YOU DO NOT AGREE TO ANY OR ALL OF THE T038C SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE. This Agreement is entered into by Novox Capital Ltd. a Cyprus Investment Firm registered under the laws of The Republic of Cyprus, with registration number HE292182, having its registered office at 60 Regaena Str. 3rd Floor, Nicosia 1010, Cyprus (hereinafter referred to as: the Company) and yourself (hereinafter referred to as: you or Customer), (In this Agreement the Company and you may be referred to collectively as the: Parties). The Company is authorized and regulated in Cyprus by the Cyprus Securities and Exchange Commission (hereinafter referred to as CySEC) and subject to CySEC rules (with license number 22414), with Cypriot Investment Firm (hereinafter referred to as: the CIF). The Company is authorized to provide the investment services as specified in this Client Agreement and T038C. The relationship between the Client and the Company is governed by this Agreement and T038C. As this Agreement is a distance contract, it is also governed by the Distance Marketing of Consumer Financial Services Law N24(I)2004, implementing the EU Directive 200265EC, whereby the signing the Agreement is not required and the Agreement has the same rights and liabilities as a duly signed contract. In the case where the Client wishes to have a signed copy of this agreement, the Client should print and send 2 (two) signed copies to the Company, where the Company will duly sign and stamp the Agreements and return one copy back to the Client. The Company offers an online system facilitating the execution of transactions of Financial Contracts (as defined hereunder) by means of various trading solutions and platforms, as well as pricing and risk management services. This Agreement and T038C applies to both the Companys URLs and such as but not limited to trading Systems as well as to the electronic content andor software currently contained on the Web site that supplies its clients with real time information about the prices of the Financial Contracts derivatives that it offers as well as with the trading Systems for the execution of Financial Contracts (hereinafter referred to as: the Service(s)), and any other features, content or services that the Company may add in the future. The Company through the online trading platform provides its Services directly to its customers andor sometimes by the use of authorized partners. In the event that the Company has a local partner, the Company may delegate to such representative any powers andor authorities it so deems fit and necessary from time to time, in connection with the local operations of the trading system at your country of residence. Specifically, the company is outsourcing the following departments: sales, marketing, retention, fraud, finance, and client support. In the event of clients choosing to make use of Robots or Expert Advisors, the clients do so at their own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) Binary or Digital Options shall mean an option which offers a potential fixed return predetermined at the opening of the Contract b) Business Day shall mean any calendar day beginning at 00:00 and ending at 23:59 GMT2 c) Collateral shall mean the initial sum deposited by the client with the Company after the deduction of loses, deduction of funds withdrawn by the client, plus profits derived from the Transactions d) Contract Price shall mean the prices offered by the System which are based upon indicative prices provided by various financial information systems as the current updated rates for contracts in the financial markets e) CySEC shall mean the Cyprus Securities and Exchange Commission the body in charge of regulating the financial markets in Cyprus f) Derivatives shall mean a contract whose value is derived from that of an underlying financial instrument. g) Emir shall mean the European Market Infrastructure Regulation (EMIR) is a European Union regulation designed to increase the stability of the over-the-counter (OTC) derivatives markets throughout the EU states. h) Financial Contract or Contract shall mean a contract to open a Binary Options or Digital Options position or any other financial service that the Company may offer to its customers through the System i) Market making A market maker or liquidity provider is a company, or an individual, that quotes both a buy and a sell price in a financial instrument or commodity held in inventory. j) Markets shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free trade, and other markets where various financial assets are traded k) MiFid shall mean The Markets in Financial Instruments Directive a European Union law that provides harmonized regulation for investment services across the 31 member states of the European Economic Area l) Multilateral Trading Facility is a multilateral system operated by an Investment Firm or market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments (in the system and in accordance with its nondiscretionary rules) in a way that results in a contract m) Regulated Market shall mean the multilateral system managed or operated by a market operator and which brings together or facilitates the bringing together of multiple third-party buying andor selling interests in financial instruments (in the system and in accordance with its non-discretionary rules) in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules andor systems, in which are authorized and functions regularly in accordance with the provisions of Law 144(I)2007 or respective legislation of other member states that are enacted in compliance with Directive 200439EC. n) System shall mean an electronic system designed to allow trading in Financial Contracts a platform, over the internet, subject to all terms of this Agreement and the terms as defined in the Trading Manual, which is an integral part of the Agreement o) Trading bonuses are our way of thanking new customers for choosing to trade with us. A first-deposit bonus gives traders more buying power, thus giving them the ability to open larger or more frequent trades. Other types of bonuses may also be offered from time to time p) Transaction shall mean purchase or sale of a Financial Contract for a fixed price q) US client customer are client who are U. S. citizen (either dual or not) andor a holder of U. S. passport andor entitled to lawful permanent resident status in the U. S.A. (green card) andor was born in the U. S.A. Legal Entity incorporated in the U. S.A. andor have a U. S. residence address or a U. S. correspondence address (including a U. S. PO Box) andor a U. S. resident, alien for tax purposes. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 4. Membership Eligibility The Companys Services are available and may be used only by traders who can form legally binding contracts under the applicable laws in their own country of residence. The investment Services are only available to persons over the age of 18 or otherwise above the legal age and who can legally execute binding contracts under the laws of their country of residence. Without limiting the above, our Services are not available where their use is illegal, and the Company reserves the right to refuse andor cancel Services to anyone at any time, at its own discretion. In addition, the company does not, and will not accept U. S. clients. Furthermore, the Company declares that it is not, and shall not, be responsible in any way to the inaccuracy of information published on its Web site by others, and as such every published or referenced item of information should be regarded as unfounded information in regard to the management of their activities and risks. We strongly advise that all information is checked and confirmed by each individual trader, through independent information sources of their choice, prior to the execution of any transactions by themselves. 5. Provision of Services 1. The Company is authorized by CySEC to provide the following investment services in accordance with its CIF authorization: a) Reception and transmission of orders in relation to one or more Financial Instruments. b) Execution of orders on behalf of clients. c) Dealing on own account. 2. The Company is also authorized to provide the following ancillary services: a) Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cashcollateral management. b) Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the company is involved in the transaction. c) Foreign exchange services where these are connected to the provision of investment services. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 3. The services of paragraph 6.1 involve transactions in Financial Instruments not admitted to trading in Regulated Markets or a Multilateral Trading Facility. By accepting this agreement the Clients acknowledge, and give their express consent for executing such transactions. 6. Client Categorization a) All clients are categorized as Retail Clients. This categorization provides the highest level of protection, as opposed to Professional Clients or Eligible Counterparties. b) The client is bound by the method and process of categorization as this is defined and thoroughly explained in the CLIENT CATEGORISATION document which can be found on the Companys website under the title CLIENT CATEGORISATION in the LEGAL section. By accepting these T038C, the Client accepts the application of the categorization method as this is defined in the CLIENT CATEGORISATION policy. c) The Company will deal with the Client according to the rules of professional conduct based on which the Client will be treated as a Retail Client in accordance with the information provided to the Company during the Account opening procedure. The Client must immediately inform the Company in the case of any changes concerning the clients personal information. In the event that the Client wishes to be re-categorized the Client must inform the Company in writing, clearly stating such a wish. The final decision of the change in categorization, however, lies in the absolute discretion of the Company. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 a) The Company will take all reasonable steps to obtain the best possible trading rates for its Clients when providing pricing and quotes in relation to financial instruments. The Companys Best Execution Policy sets out a general overview on how orders are executed as well as many other factors which affect the execution of a financial instrument. b) By accepting these T038C, the Client acknowledges and accepts that he has read and understood the Best Execution Policy of the Company, which is available for examination on the Companys website under the heading LEGAL. a) By accepting all of the T038C of this Agreement you understand and accept the fast-paced nature of the companys business and products, and you confirm that you wish establish a business relationship with it. b) Upon execution of this Agreement, the Company shall create an account in your name and ownership in the System. The account and other relevant details shall be in accordance with the information provided by you, as is required by the Company and regulation. You must ensure that the information provided by yourself is complete, true and accurate. It is hereby clarified that the provision of misleading information may be regarded as a legal offence and shall entail immediate cessation of activities in your account andor its immediate closure. You acknowledge that upon the completion of your identification procedure by the Company, it may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System from time to time, and to that end may transfer identification details provided to it by yourself. c) It is hereby clarified that in due course full compliance procedures, as required by CySEC, will be performed by the company on each of its clients, which will include but are not be limited to KYC, AML, Appropriateness test, and Client Classification. Specifically, for a clients account to be approved to trade and withdraw funds the client must submit official proof of address and proof of identification in color format. A color copy of the credit card used for deposit is also a prerequisite before withdrawals can be approved. Please note that conditions for compliance might be subject to periodic changes based on the European AML directives amendments. d) By accepting all of the T038C of this Agreement you understand that all client accounts are subject to review at the latest every six (6) months, in order to replace any expired KYC documents, and possibly to request further clarification documents if necessary. Continued compliance must be adhered to by both the operator and its traders. Failure to submit new documents as and when requested can lead to the suspension of a clients account. e) By accepting all of the T038C of this Agreement you understand that you have a given time limit by which you must complete the KYC process, by submitting your proof of address and proof of identification. If you fail to do this, and your trading account is not approved, by the end of the time-limit given, you understand that your trading account will be suspended. While suspended you will not be able to deposit, trade, or withdraw any funds, until your account is approved and re-activated. If you fail to have your account approved within a certain time frame of suspension, your trading account will be permanently closed. f) By accepting all of the T038C of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to carry out orders and activities in accordance with your instructions all in accordance with the powers granted to the Company under this Agreement andor for the provision of the Services. You also agree to receive news, information and promotional material from the company from time to time. g) To remove any doubts, the execution of any Transaction in the account is subject to the deposit of the Collateral by you. The Company shall not allow you to execute any Transaction without the said deposit andor in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Companys policy from time to time. For the avoidance of doubt, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading. All funds shall be held by the Company on your behalf and the Company may deposit such funds with any financial institution it holds bank accounts with. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in your account, 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company shall have the right to decrease your exposure in the said Transaction andor approach you to rectify such required Collateral andor demand from you payment in full for any deficiency which has occurred by your Transaction which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Transaction and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by the Company. h) To remove any doubts, it is hereby clarified that the Company may, at its sole discretion, amend from time to time the terms governing the use of the System, the scope of its Services and the sum of the Collateral required for the execution of Transactions by you. Any amendments will be communicated to all clients via the Companys site. However, any such 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. i) Upon the opening of the account, the Company shall issue you with a confidential personal identification password (hereinafter: the login password) to be used by you to operate your account via the Internet. You hereby irrevocably undertake to safeguard the login password and hereby waive any and all claims against the Company relating to any unauthorized use of the login password. j) Acquisition of Financial Contracts through the System must be executed in accordance with the latest version of the T038C published on this site. To remove any doubts, the Company may amend, change or cancel any part of the said T038C, and their effect shall be from the date such amended terms have been published on the site. Acquisition of a Financial Contract is completed when the Financial Contract has been customized, the premium has been calculated and payment has been verified. k) Deposits can only be made using creditdebit cards, or from bank accounts belonging to the trading account holder. No deposits are acceptable from third party bank accounts or by using the creditdebit card of a third party, unless documented authorization is provided by the cardholder. No cash deposits are acceptable. Anyone who executes a deposit into their trading account through an unauthorized third party source will immediately have their trading account closed, and a legal investigation will begin to ascertain whether the card used was stolen. l) The only exception to the above rule is that clients can make deposits using a relatives credit card, on condition that a signed letter of authorization has been previously submitted by the card holder, giving their permission for the card to be used, and also stating their exact relationship to the trader client. The card holder authorizing the use of their card will also have to submit their Proof of Identification. which will need to be approved by the compliance officer. A color copy of the credit card, front 038 back will also have to be submitted. 9. Company obligations The Company hereby warrants and undertakes that: a) It has the required skills and expertise to provide the Services. b) Neither today, nor in the future shall it provide any financial advice to you or any of its customers and no information which may be found on the Companys Web site may be considered as financial advice for any purpose whatsoever. To remove any doubts, information given on the site, the System andor emails or newsletters sent by the Company related to its Services or financial markets, is not intended to be used as financial or investment advice and the Company shall not accept any liability in this respect. It shall not be liable in any way whatsoever for any claims, suits, contentions, losses, expenses, damages etc. incurred by you as a result of your reliance on any information provided by the Company. c) The maximum loss that you may suffer by using the trading platform, is the amount of money paid by you to the Company as Collateral andor any sums in your Account which you have used to purchase Financial Contracts. d) The Company does not provide a market amongst or between customers for investments, securities, derivatives or speculations. Each Financial Contract purchased via the System, is an individual agreement between you and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 From time to time the company may increase its client base through the efforts of affiliates andor Introducing Brokers. These efforts are rewarded by way of commissions andor trading bonuses, which are totally separate and independent from clients deposits and funds. For further details on this subject please contact the company directly. a) The Company reserves the right to suspend the operation of this site or sections thereof under the following circumstances: b) 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 or the System shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a price cannot be calculated for financial contracts or c) 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 calculated or d) When the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the price of a specific Contract in particular. e) Under such circumstances, other than in the case of abuse or manipulation of the System, the Company may at its sole discretion (with or without notice) close out your 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. f) In case of abuse or manipulation of the System, the Company may at its sole discretion take any measures it deems fit and appropriate under the said circumstances. 12. Client conditions The company hereby warrants and undertakes that: a) All details provided by you to the Company are true, complete and accurate and that you are an adult over the age of 18 (or the required minimum age in your country of residence) so that you may be legally bound by the terms of this Agreement. b) You shall be the sole owner and beneficiary of the account. c) You are aware and you hereby acknowledge that the Company cannot control your actions and you are required to make necessary inquiries as to the legal status of your activities and applicable local laws and regulations, as currently in force in your country of residence and abide by such laws and regulations. You understand that laws regarding Financial Contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any laws, regulations or directives, relevant to your country of residency with regards to the use of the Web site andor the System. For avoidance of doubt, an actual ability to access the Companys Web site does not necessarily mean that the Services and your activities are legal under the laws, regulations or directives, relevant to your country of residence. You hereby confirm, after conducting the necessary inquiries, that there is no legal constraint which precludes you from using the System or executing Transactions as described in this Agreement. To remove any doubts, the Services are not to be used where they are illegal to use, and the Company reserves the right to refuse to provide andor cancel Services, in whole or in part, to anyone at any time, at its own discretion without cause, including but not limited to events in which the Company learns that you are performing activities which are not regulated under the laws of your place of residence. d) All funds deposited by you in your account, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc. To remove any doubts, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf by the Company or anyone on its behalf. Such monies are used as collateral for your transactions in the System. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 e) You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood all the information included in the Risk Disclosure which is published on the Companys website. f) You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person or by your agent or attorney or the Companys employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions andor orders. You are fully responsible for ensuring that you and you alone control access to your account, and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the site for your account. You shall also indemnify 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 your failure to perform or settle such a transaction. g) You are aware that the Company does not provide any equipment nor is it an Internet Service Provider and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, on your end, or any other equipment not provided by the Company andor any Internet connection malfunction andor any computer program or software bugs andor errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. You shall be responsible for providing and maintaining the means by which to access the Web site, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access, service, license and subscription fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as computer or your computer). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your 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. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device. h) You acknowledge and confirm that the Company does not represent, warrant or guarantee that: (i) you will be able to access or use the web site at times or locations of your choosing, or that the Company will have adequate capacity for the web site as a whole or in any geographic location and (ii) the web site will provide uninterrupted and error-free service. You hereby further acknowledge and confirm that the Company shall not be responsible for an impossibility to execute orders and requirements due to failures in the operation of information systems caused by faults, of any kind whatsoever. i) You shall duly report your activities to any applicable tax or other authority, as may be required by any laws applicable to you or to your country of residence and you shall pay all applicable taxes, levies, governmental fees and charges associated with the activities of your account including required deductions at source and you forego any claim against the Company in this respect. j) You shall not abuse this site nor the System for the purpose of money laundering. The Company employs best-practice anti-money laundering procedures, which may have several effects on you. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the Transactions of, customers who do not accept or adhere to these anti-money laundering processes. The anti-money laundering processes have the following effects on customers: k) You must complete the account opening form which requests details that establish your identity. l) Winnings may only be paid out to the account-holder, and to a bank account under hisher own name and not to any third partys account. When maintaining an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is the account-holders responsibility to ensure that their banks account number and name accompany all transfers to the Company. When a client maintains an account by means of creditdebit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 m) Only one account is allowed per person. لا يمكن جمع المكاسب على الحسابات المفتوحة بأسماء كاذبة أو على حسابات متعددة فتحها نفس الشخص. n) In the event that you choose to make use of Robots or Expert Advisors, you do so at your own risk, and Novox Capital Ltd takes absolutely no responsibility for any losses incurred due to these. Novox does not develop, provide or manage Robots EAs in any manner whatsoever. o) You have read this Agreement in its entirety, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms. 13. Improper or Abusive Trading Should you execute trading strategies acting in bad faith, that is, you or any representative of yours trading on your behalf is committing any improper or abusive trading act such as for example: a) fraudillegal actions that led to the transaction b) orders placed based on manipulated prices as a result of system errors or system malfunctions c) arbitrage trading on prices offered by our platforms as a result of systems errors andor d) coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates. Then the Company will have the right to: i. adjust the price spreads available to you andor ii. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only andor iii. obtain from your account any historic trading profits that you have gained through such abuse of liquidity as determined by us at any time during our trading relationship andor iv. reject an order or to cancel a trade andor v. immediately terminate our trading relationship 1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein. 2. Funds belonging to clients for the purpose of trading will be kept in one or more omnibus accounts with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Companys name. 3. It is understood that the Company may hold funds on behalf of Clients in a bank established outside the European Union. The legal and regulatory regime applying to any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events in relation to that bank, Clients funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 4. Any profits accruing from your Transactions shall be added to clients accounts as supplementary collateral. All losses resulting from your Transactions shall be deducted from clients accounts. 5. To remove any doubts, credit balances shall bear no interest. 15. Trading Bonuses 038 Competitions All bonuses are redeemable. This means that the actual bonus itself can be withdrawn. For information on the specific trading volume requirements please read the companys Bonus Terms 038 Conditions. If a client submits a withdrawal request prior to trading the necessary volume, as defined in the terms of the bonus, then the bonus amount (and any subsequent profits) will be removed before the client can withdraw any 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 of the remaining funds. When stated so, cash bonuses can be instantly withdrawn as cash, with no attached terms or conditions. Clients are free to accept or reject any bonus, but are always urged to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonusbenefit and closure of the clients account on the Companys website. The bonusesbenefits must be used within the period defined in the details of the special offer. Should the bonus benefit fail to be used within this time frame, the bonusbenefit will be withdrawn from the clients account. The Company reserves the right to revoke the bonusbenefit should the special offer be abused andor should the offers terms fail to be met. The Companys decision should this be the case shall be final. The Company reserves the right to revoke or change the offers at any time without prior notice. The minimum deposit for a bonusbenefit is 200. The maximum bonusbenefit a trader can receive is 10,000. From time to time the operator may offer various competitions to its clients, the winners of which will be published on the website. Also from time to time the company may offer a certain number of secure trades to its clients. With secure trades the company will reimburse any pre-defined number of trading losses incurred by the client, with a bonus of equal size, as specified in the terms of the offer. Occasionally the company may have a draw and award the winners gifts such as laptops, smartphones, software andor free memberships to financial information companies. In such cases the trader will be informed from within the advertisement what needs to be done to enter the draw. For example the trader may have to download a smartphone application or answer a questionnaire. The winners, as randomly drawn, will be published on the website, and these published results will be final. Winners will be informed by email, and any physical prizes will be posted directly to them. 16. Additional deposits, Withdrawals 1. Any withdrawal of the available cash in a clients account, whether partial or total, including any accrued profits (but not future profits) shall be executed by the client, via the online trading platform, with prior notice to the Company of at least seven business days. 2. Withdrawal amounts are always returned back to the original source of deposit (the credit card, for example), up to the amount of the deposit. Any further amounts (profits), may be also credited to the credit card, or they will be forwarded by bank wire to the clients personal bank account, in the country where the trading account is registered. 3. Withdrawal requests are submitted by the client directly into the system via the online withdrawal facility. Withdrawal requests are not accepted over the telephone or by email, except in very rare cases when the client is undergoing technical difficulties, in which case the withdrawal may be executed manually for the client. All communications surrounding such manual withdrawals are logged and archived. 4. All withdrawal orders made by the client must follow the provision of the proper set of compliance documentations or any other type of client authentication as may be required from time to time by Anti-Money Laundering (AML) Regulations, credit card companies and the Website as a prerequisite, prior to the execution of a withdrawal order. Specifically for clients who deposited using a creditdebit card, no withdraw will be cleared for execution until the client has submitted a color copy of the front and back of the credit card used. In the event where the client submits a withdrawal request prior to submitting the color copies of the creditdebit card used, then the withdrawal will be placed on a 7 day pending status. If the client submits the missing document within the 7 days, then the withdrawal will be processed. If not, the complete available balance in the clients account (minus any profits) will be returned to the client (to the credit cardbank account of origin), and the account will be closed. 5. All withdrawals are subject to the discretion of the Companys Compliance Department and any suspicious transaction shall be recorded and reported accordingly. 6. For withdrawals to be executed they must also abide by the T038C for any possible trading bonuses granted. 7. To remove any doubts, all withdrawals requested by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment, provided all terms and conditions for withdrawals have been satisfied. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 8. You the client are allowed one free withdrawal each month. For every subsequent withdrawal in the same month there will be a 3030 processing charge. 9. The minimum acceptable withdrawal amount is 303030. Amounts smaller than this will be rejected automatically by the system. 10. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. 11. Clients may transfer to their account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited. 12. Payment by credit cards may be made to the Company via creditdebit cards subject to the regulations of the applicable credit cards issuers. 13. No withdrawals will be processed on days which are public holidays in Cyprus. A list of these holidays can be found at en. wikipedia. orgwikiPublicholidaysinCyprus 17. Closure of account To request the closure of their account clients must complete and submit the Account Termination Form. Having completed the form and emailed it in to the company the client should also ensure that all trades have been closed from within the trading platform, and then the client should also submit a withdrawal request for all the funds in their account. In the event that a clients account is closed by the company due to non-completion or the failing of compliance, then all the funds remaining in the clients account (minus any profits) will be returned to the source credit card bank account. The MLCO will consider further investigation under AML policies. The company reserves the right to close the account of any client who is considered to carry a risk to the future of the company and for the clients of the company. This will especially apply if the client is suspected of using alternative pricing engines tools, or even insider information, which is bringing about continuous and large losses to the company. Prior to closing a clients account, however, a full investigation is made, and the client is placed in the high-risk category. This will result in the client receiving pricing and spreads more appropriate to his continuous profits. If the client remains on the high-risk-category, which can only be the result of some kind of technical manipulation, the clients account will be closed. If the clients manipulative actions cannot be proved, the balance of their account will be withdrawn to the client, and a communication will be sent to the client explaining the reasons behind these actions. If, on the other hand, manipulation is proven, no further monies will be sent to the client, the account will be closed, a communication will be sent expla ining the companys actions, and possibly legal action will be taken against the client also. 18. Duly Authorized Persons Only the account-holders themselves are authorized to trade using their individual trading accounts. If an accountholder allows any third person access to his account to trade on his behalf, he does so at his own risk, and the company neither approves of such action, neither takes any responsibility for anyall loses incurred. 19. Recording of Telephone Conversation and Record Keeping The Company, or an authorized party on its behalf, will record every telephone conversation. 1. The Company or an authorized party on its behalf shall maintain records of all your Transactions. 2. Any of these recordsrecordings may be used by the Company for any purpose the Company sees fit (provided that this does not conflict with the risk disclosure), including the resolution of conflicts which might occur between the Parties. 3. It is hereby clarified that the said recordsrecordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in the event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, following strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating andor 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 copying of any record andor documents in accordance with the then current the Company official price list for such services. 20. Risks and Liability a) All Transactions to be carried out by you are executed on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement. To remove any doubts, in any event, any sum to be claimed by you may not exceed your Collateral. b) In reading this, all clients hereby declare that they understand and accept that a fundamental pre-condition to this Agreement, relates to the Companys right to close at any time, without an advanced notice, any Transaction executed by the client, in the event that their portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts prices. The company is following strictly all EMIR reporting requirements. At the end of each trading day, confirmations of all Transactions that have been executed on that trading day will be available via the Customers online account through the System. Clients may request to receive account statements monthly or quarterly via email, by providing such a request to the Company, but the Company is not obliged to provide the Clients with hard-copy account statements. The account statement is provided at the expense of the client. 22. Commissions and fees Clients are not charged any commissions or fees by the Company for any Transaction executed unless agreed otherwise by the Parties hereto. However, any and all bank charges (concerning transfer, charges etc) will be deducted from the clients cash balance. كما أن هناك رسوم عدم نشاط بقيمة 1010GB10 في الشهر والتي سيتم تحميلها على كل عميل يكون حسابه غير نشط لفترة تزيد عن 3 أشهر. Activity, in this sense, is a client logging in to their trading account. The fee will be deducted directly from each clients trading account, from their available balance. To avoid this 1010GB10 inactivity charge a client must log in to their trading account at least once every three (3) months. Clients whom have never deposited money in their trading account, will not be charged an inactivity fee. Clients with less than a 1010GB10 balance in their trading account, will be charged that balance amount, thus bringing their account to zero. Suspended accounts are still liable to pay the inactivity fee, if conditions arise. Closeddisabled accounts are not charged inactivity fees. For foreign currency accounts the inactivity fee will be a direct conversion of US10, using the conversion rate of the day 23. Transactions and Trade Characteristic 1. Every Transaction shall be executed in accordance with the applicable procedures as set forth in the Best Execution Policy. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration. 2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System. 24. Stop of Trade, Inaccurate Quotes, Force Majeure 1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to unforeseen circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions clients may have (by performing a Reverse Transaction) without prior written notice being sent to the clients, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. Clients hereby waive any claims of indemnification suits causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement. 2. The Company reserves the right to cancel any Transaction which due to a System andor human error, whether under the control of the Company or not, has been executed at a price which at the time of the Transaction was not the indicative andor accurate price of that said Financial Contract created by the transaction. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 25. Intellectual property 1. This Web site belongs to Novox Capital Ltd or a third party including our licensors. This content may include names, terms andor data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party. 2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of trading in our products. 3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of Cyprus law or these T038C, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. In addition to the above, you agree not to deep-link to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Companys Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. 30. Proprietary Protection The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation. 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 You may not copy, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time. The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. The Company cautions clients to make sure they understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and client agrees that under no circumstances will they hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. 33. Current and binding form Client acknowledges and agrees to the fact that the Company may update andor adjust andor amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be communicated to the client and published on the Companys Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time. Client acknowledges that the Software contains proprietary trade secrets of the Company and they hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the T038C of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such T038C. 35. Limited Warranty ANY USE BY YOU OF THE COMPANYS WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED AS IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. THE COMPANY WILL ENSURE, AS FAR AS POSSIBLE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 36. Limitation of Liability IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANYS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATESCOUNTRIES DO NOT 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The company is not responsible for any problems or technical malfunction of telephone network or lines, on any computer online systems, servers or providers, hardware, software, or failure due to technical or traffic congestion problems on the Internet or on any of the site or services. 37. Anti Money Laundering No person shall abuse this site for the purpose of money laundering. The Company is obliged to follow the requirements as set out by the European Union, relevant domestic laws and the Regulations issued by CySEC for the prevention and suppression of money laundering activities. It is thus required by the company to obtain certain verification documents from its Customers. The Company maintains policies and procedures designed to detect any risk of failure by the Company in order to comply with its obligations under the regulatory authority. The Company may request from the Customer to inform it on the origin of the money being invested. This process may require proof of certain documentation. The Company may use the Customer information in order to carry out credit, anti-money laundering and fraud prevention checks to exercise andor defend the Companys legal rights and to comply with applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction. The Company reserves the right to refuse to do any business with and to reverse the transactions of Customers in accordance with the AML requirements and policies. 38. Privacy Statement The Company regards of prime importance the privacy of its Customers and protection of their personal information. The company stores and processes client information on servers where it is protected by both physical and technological security measures. The company shall not sell or rent client personal information to third parties for any purposes without clients previous explicit consent and we shall only use this information as described in our Privacy Policy. 39. Termination of Agreement a) The Company may terminate this Agreement at any time by giving the client notice to this effect. b) Clients may terminate this Agreement at any time by giving the Company a 48 hours advanced notice. c) Termination of the Agreement by any of the Parties shall require clients to close all open positions by executing the required Transactions. d) As of the date of the termination notice by clients, they may not execute any new Transactions, which shall open new positions in their accounts. 40. Investor Compensation Fund The Company being a member of the Investors Compensation Fund (the Fund) provides the Customer with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfill its obligations regardless of whether that obligation arises from a breach of applicable law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement the client has read, understood and accepted the information under the title INVESTOR COMPENSATION FUND which is published on this website, available for all to read. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any investor of EUR 20,000. 41. Conflicts of Interest a) The Company is required to have systems in place to manage conflicts of interest between the Company and its customers and between other customers. The Company will make all reasonable efforts to avoid conflicts of interest and when they cannot be avoided it shall ensure that customers are treated fairly and at the highest level of integrity and that their interests are protected at all times. b) The Customer acknowledges and accepts that he has read and accepted the Conflicts of Interest policy of 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 the Company, which is published on this website. a) This Agreement and T038C. including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally. b) All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto. c) Clients may not transfer this Agreement or any of their rights or obligations hereunder to any third party. d) The Company or an authorized party on its behalf may send to clients any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by clients to the Company must be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company. e) This Agreement shall be construed and enforced in accordance with, and shall be governed by the Republic of Cyprus, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of the Republic of Cyprus (the Courts) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts. f) In the event that a client wishes to make a complaint heshe must complete and submit the online complaint form. The company will respond within 48 hours. By using the services offered by the Company and by using this website the user agrees that Novox Capital Ltd. the author and any other entities associated with Novox Capital Ltd. shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc. and any other information contained in regard to its use and understanding. a) By accessing, visiting andor using this Website or any other webpage thereon, you unequivocally and unreservedly express your binding agreement to any and all of these terms. b) Protecting your privacy is one of our top priorities. This privacy policy sets out how we collect information regarding Website users, what we may do with it, and what you can do to protect your privacy. c) This policy applies to all information collected to or submitted on Website. You may be able to execute financial transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include users name, home address, e-mail address, telephone number, bank account, credit card number, etc. whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act according to the updating your information instructions therein. You hereby confirm that you aware to the fact that due to legal requirements some of your information detailed cannot be changed. d) Website may also collect other types of information, as logged by Websites servers, including your IP address, browser type and language, and the date and time of your visit, in order to infer certain user trends or to block certain users from accessing Website. Thus, Website may assign your computer one or more cookies which 60 Regaena Street, 3rd Floor, 1010 Nicosia, Cyprus novoxcapital email160protected Tel. 357 22 272 520 may collect information in order to facilitate access to Website and to personalize your online experience, and or use standard or non-standard internet tools, such as web beacons or monitoring programs, which collect information that tracks your use of Website and enables it to customize our services and promotions. e) Personal information given to us by you shall not be disclosed to any third party without your prior consent, unless such information: (i) is required to be disclosed to related companies of ours (ii) was publicly known to us andor made generally available in the public domain prior to the time of disclosure by you (iii) becomes publicly known and made generally available after disclosure by you to us through no action or inaction of us (iv) is required to be disclosed by law or regulation, in which case we shall give the you as much advance notice of the proposed disclosure as is practical (including a copy of any written request or order)in order to allow you to limit or restrict such disclosure (v) is furnished or made known to us by a third party otherwise than in breach of any of our confidentiality obligation hereunder is independently developed by us without reference to the information disclosed by you or was known to us, without restriction, at the time of disclosure by you , as shall be shown and evidenced by written documents or (vii) is required to be disclosed in order for us to protect our rights. f) In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. g) In order to protect child privacy, we never knowingly collect or maintain information from users under 18 no part of our website is structured to attract anyone under 18. h) If you so wish, you may choose and ask not to receive emails andor newsletters from the Website, andor delete or decline cookies by changing your browser settings. i) This privacy policy may be changed from time to time. We reserve the right, at any time, to amend, alter, modify or change, as we see fit, any term of this Privacy Policy our without any prior notice, and you hereby agree to conform to the current version as published in this site. سياسة الخصوصية
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