By accessing this site erlegentrds.com, you signify your
agreement with and understanding of the following Terms and
Conditions pertaining to both this site and any material at
it;
1. Authorization and use of online portal and trading
facilities.
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1.1 - For clients of erlegentrds, the Company
reserves the right to change these Terms and Conditions at
any time without notice to you. You are therefore
responsible for regularly reviewing these Terms and
Conditions. Continued use of this site following any such
changes shall constitute your acceptance of such changes.
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1.2 - No act of downloading or otherwise copying from this
site will transfer title to any software or material at
this site to you. Anything that you transmit to this site
becomes the property of the Company, may be used by the
Company for any lawful purpose, and is further subject to
disclosure as deemed appropriate by the Company, including
to any legal or regulatory authority to which the Company
is subject. The Company reserves all rights with respect
to copyright and trademark ownership of all material at
this site, and will enforce such rights to the full extent
of the law.
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1.3 - A browser may access this web site on his/her own
responsibility, and it does not mean in any way that
he/she has become a client of erlegentrds.
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1.4 - The browser is fully aware that all information and
analysis provided by the company on this site is to view
only, and do not constitute in any case to urge the
browser to carry out any buying or selling transactions of
any of the financial instruments provided by the company.
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1.5 - The information and analysis contained in Orbit
Index Trade web site may not be complete, or accurate, and
therefore, the company does not assume the responsibility
towards any investor or any third party regarding the
accuracy of the information contained on this web site.
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1.6 - We are not responsible for any contents published on
any other web site, even those we may link to. Orbit Index
Trade will not be held responsible for any consequences
that may result from actions based on the contents of
another web site.
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1.7 - You may access erlegentrds web site from any
place in the world, but the financial products mentioned
on the web site may not be allowed by law to all investors
in all countries. The access to this web site may be
restricted to certain legal restrictions. Users of this
web site subject to such legal restrictions and are not
allowed accessing it, and the company does not bear any
responsibility towards any individual who may access the
web site illegally. (more details at 4.0).
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1.8 - erlegentrds may collect personal information
from its web site visitors. Such information will be used
according to erlegentrds Privacy Policy.
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1.9 - erlegentrds may provide this site content in
other languages only to facilitate the users,and as such
bears no responsibility for the correctness of the
translated pages. Content in English version supersedes
other language pages.
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1.10 - erlegentrds reserves the right to change,
update, and amend the terms and conditions at any time.
They will be posted on this web site and you are
responsible for regularly reviewing these terms and
conditions.
2. Client Obligations
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2.1 - erlegentrds online trading facility is
available to, and may only be used by individuals, which
can form legally binding contracts under the law
applicable to their country of residence. Without limiting
the foregoing, our Online trading facility is not
available to Persons who are under the age of 18, or
otherwise under the legal age in their country of
residence, or who, otherwise, cannot form legally binding
contracts under the law(s) applicable in their country of
residence.
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2.2 - In accordance with the foregoing, you hereby
represent and warrant, without prejudice to any other
representations, warranties and/or covenants made under
this Agreement: (a) that you are an individual who can
form legally binding contracts under the laws applicable
in your country of residence; (b) that you are above the
age of 18 or otherwise above the legal age in your country
of residence; (c) that all of the information provided by
you to us for the purposes of, or in the context of,
opening an account with us and/or accessing and/or using
our Online Trading is correct and current; (d) that you
have all necessary rights, power, and authority to enter
into this Agreement and to perform the acts required of
you hereunder; (e) that you are not a politically exposed
person and you do not have any relationship (e.g.,
relative, associate, etc.) with a person who holds or held
during the last twelve (12) months any public position.
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2.3 - In agreeing to these Terms and Conditions, you
authorize us, or agents acting on our behalf to
investigate your credit standing and in connection
therewith to contact such banks, financial institutions
and credit agencies as we shall deem appropriate to verify
such information. You further authorize us to investigate
any current and past investment activity, and in
connection therewith, to contact such, exchanges,
broker/dealers, banks, and others as we shall deem
appropriate.
3. Financial Experience and Knowledge
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3.1 - erlegentrds online trading facility is
available only to, and may only be used by persons who
have sufficient experience and knowledge in financial
matters to be capable of evaluating the merits and risks
of accessing and/or using our Online trading facility and
entering into Transactions and Contracts via our Online
trading facility and who have done so without relying on
any information contained on, or in our Online trading
facility and/or otherwise provided by us in relation
thereto.
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3.2 - We shall not be responsible for verifying and/or
checking whether you have sufficient knowledge and/or
experience for accessing and/or using our Online trading
facility and/or entering into financial contracts via our
Online trading facility, nor shall we be responsible for
any damages and/or losses incurred by you as a result of
insufficient knowledge and/or experience.
4. Legal Restrictions
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4.1 - erlegentrds online trading facility is not
available where it is illegal to access and/or use, and we
reserve the right to refuse, decline and/or cancel our
online trading facility and/or any part or component
thereof, at our sole discretion and for any reason, at any
time, without being obliged to provide you with any
explanation or justification thereof.
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4.2 - In that regard, you understand that the laws
regarding financial contracts vary throughout the world,
and that it is your, and only your obligation alone to
ensure that you fully comply with any law, regulation or
directive, relevant to your country of residency, with
regard to accessing and/or using our Online trading
facility. For avoidance of doubt, the ability to access
our Online trading facility does not necessarily mean that
our online trading facility, and/or any activities you may
undertake through it is/are legal under the laws,
regulations or directives relevant to your country of
residency.
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4.3 - Our Online trading facility does not constitute, and
may not be used for the purposes of, an offer and/or
solicitation to anyone in any jurisdiction in which such
offer and/or solicitation is not authorized.
5. Services
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5.1 - In consideration of us agreeing to carry one or more
Accounts for you and providing Services to you in
connection with the purchase and sale of Supported
Financial Instruments, which may be purchased or sold by
or through our Online trading facility, or otherwise, for
your Account, you hereby agree as follows:
These Terms and Conditions cover the entire scope of
Services provided by us including, but not limited to, the
access and use of our online trading facility, data
collection and storage practices, downloadable material
from our Online trading facility, financial information
published on our online trading facility (either by us or
by any affiliated party), electronic content, real time
information, about the exchange rate of some currencies,
tools for executing transactions in the foreign exchange
market through the internet, by phone or email and any
other features, content or services that we may add in the
future. These Terms and Conditions cover any form of
communication between us and you including Electronic
Messaging, e-mail, telephone and more.
6. Registration Requirement
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6.1 - We are obligated by law to confirm and verify the
identity of each person who registers on our system and
opens an Account with us. Therefore, at any given time,
starting from the date of your registration with us, we
may ask you to provide personally identifiable
information. We reserve the right to limit, block access
to our Online trading facility and/or terminate and/or
close your Account with us, if such information is not
provided and/or if any such information provided to us
appears to be untrue, inaccurate, incomplete and/or
incorrect. If you choose to provide us with such
information and register with us as our client, you are
confirming to us that any information provided to us is
true, accurate, updated and complete information about
yourself. Additionally, you agree that you will not
impersonate any person or entity, misrepresent any
affiliation with another person, entity or association,
use false headers or otherwise conceal your identity from
us for any purpose or reason.
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6.2 - Please note that when you register with us, you will
choose a username and password that will personally
identify you each time you log on to our system (“Access
Codes”). Your Access Codes (username and password) should
be kept strictly private and confidential at all times. It
is your sole and exclusive responsibility to safeguard
this information and you are responsible for all actions
made using your Account User Information. You agree: (a)
to notify us immediately of any unauthorized use of your
Access Codes or of any other violation of security and (b)
at the end of each use, to log out from your Account in an
orderly way. If the security of your Access Codes is
breached, or if you suspect that they are being wrongfully
used – please contact our Customer Support team
immediately.
7. KYC requirements
We are obligated by law to confirm and verify the identity
of each person who registers on our system and opens an
Account with us; therefore, as part of our obligations to
comply with applicable “Anti-Money Laundering (“AML”) & Know
Your Customer (“KYC”) Legislation”, you will be prompted to
provide us with the following information when you register
with us:
(a) name; (b) address/ residency; (c) date of birth; (d)
nationality; (e) contact information; (f) payment
instructions; (g) any other personally identifiable
information that we may ask for from time to time, such as a
copy of your Passport and/or other identifying document; and
(h) any other information as required by applicable laws and
regulations
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7.1 - You must provide us with true and complete
information to us at all times; including but not limited
to, the information/documentation stated above.
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7.2 - In that connection, you hereby represent, warrant,
covenant and agree that: (a) you are at least 18 years
old, or the age of legal consent for engaging in financial
investment activities under the laws of any jurisdiction
that applies to you; (b) you are of sound mind and you are
capable of taking responsibility for your own actions; (c)
all the details that you have submitted to us or any
details given to us when opening an account and making a
deposit are true, accurate, complete and match the name on
the payment card and/or payment accounts in which you
intend to deposit or receive funds from your account; (d)
you have verified and determined that your use of our
online trading facility does not violate any laws or
regulations of any jurisdiction that applies to you.
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7.3 - If any of the above statements is untrue or
inaccurate with respect to you, please inform our Customer
Support team immediately, and we shall inform you if/how
you may continue to access and/or use our Services.
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7.4 - You undertake to advise the Company promptly of any
change in circumstances which causes the information
provided during the Account opening process to become
incorrect and to provide the Company with a suitably
updated information within 30 days of such change in
circumstances. If you fail to comply with these
obligations or refuse to provide requested documentation
for establishing the status, the Company retains the right
to suspend, or even close, accounts you hold.
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7.5 - You hereby expressly acknowledge and agree that the
penalty for providing untrue, inaccurate, misleading or
otherwise incomplete information is your immediate breach
of these Terms and Conditions. As such, we reserve the
right to suspend and/or terminate your Account promptly
and to suspend and/or prevent you from accessing and/or
using our Online trading facility, without prejudice to
any other rights and/or remedies we may have under and/or
pursuant to this Agreement.
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7.6 - From time to time you may be requested to provide us
with certain documents to verify the details of the
credit/debit card used by you to deposit funds to your
account. Subject to our satisfaction from such
documentation checks, you may or may not be permitted to
deposit further funds by recurring credit card or other
means of payment.
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7.7 - We may elect to provide you with documentation,
information and communications in various languages. By
accepting these Terms and Conditions you acknowledge and
confirm that our official language is English, and in the
event of any discrepancy or inconsistency between any
documentation, information and communications in any
language other than English and the same in English, the
English documentation, information and communications
shall prevail.
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7.8 - We reserve the right to communicate with you by
telephone, facsimile, email, posts, newsletters issued by
us and/or any other means of communication, whether such
communication is personally addressed to you or generally
addressed to all our clients and/or posted on our Online
trading facility. By accepting these Terms and Conditions,
you acknowledge and confirm, without prejudice to any
other Terms of this Agreement, that all such means of
communications on our end are deemed to be acceptable and
that any information or notification so provided shall be
deemed to have been received by you and/or any transaction
so executed shall be deemed final and binding on your
part.
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7.9 - By opening an Account with us, you will be subject
to, and you hereby expressly agree to abide by, all of our
rules, policies and operating procedures that govern your
activities on our Online trading facility. We reserve the
right to refuse and/or decline our Services to any Person
and to close the Account of any Person, at any time, at
our sole discretion, and for any reason, without being
obliged to provide any explanation or justification. All
data relating to Persons who open an Account with us will
remain our sole and exclusive property and by entering
into this Agreement you acquire NO right to any such
information, except as expressly stated herein.
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7.10 - We further reserve the right to investigate, at any
time, at our sole discretion, and for any reason, without
being obliged to provide you with any explanation or
justification, any activity that may violate this
Agreement, including, but not limited to, any use of
software applications to access our Online trading
facility, and/or any engagement in any activity prohibited
by this Agreement. We shall not be responsible (a) for
anything related to trading activities on or through our
Online trading facility, nor (b) for the manner in which
you conduct your trading activity on or through our Online
trading facility; in particular, but without limitation of
the generality of the foregoing, we shall not be
responsible for any of the following situations: (a)
unauthorized real money transactions; (b) unauthorized
real money transactions conducted by unauthorized Minors;
(c) physical Verification that you possess the proper
knowledge and/or experience to use our Online trading
facility. We will not be responsible in any way (including
for damages and losses caused by the use of our Online
trading facility) if you use our Online trading facility
without the proper knowledge, and we reserve the right to
asses and reassess your knowledge and experience to use
our Online trading facility at any time, at our sole
discretion.
8. Your Account with us
For the purpose of our Services and the transactions
described herein, subject to the Terms and Conditions set
forth herein, we will facilitate the opening and operation
of one or more accounts for you on our Online trading
facility, to be denominated in a currency determined by you,
in which all Transactions and/or Contracts entered into by
you via our Online trading facility will be recorded.
8.1 Base Currency
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8.1.1 - You shall designate a base currency for each of
your Accounts on our Online trading facility, which shall
be US Dollars, or any other currency listed on our
Website(s), which is determined and/or stated in advance
as the base currency of your Account.
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8.1.2 - All payments from you to your Account on our
Online trading facility will be made on your request in
the Base Currency of your Account. If we receive or
recover any amount in respect of any of your obligations
in a currency other than the Base Currency of your
Account, the provisions of Section 46 hereinabove shall be
applicable mutatis mutandis.
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8.1.3 - When a withdrawal or refund is performed from your
Account, we reserve the right (but shall under no
circumstances be obliged) to remit the funds in the same
currency in which such funds were initially received by
us; in the event that such withdrawal or refund is made in
a currency other than the Base Currency of your Account,
the provisions of Section 46 hereinabove shall be
applicable mutatis mutandis.
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8.1.4 - No instructions to pay a third party from your
Account will be accepted by us, unless otherwise
determined by us in writing.
8.2 Credentials (Access Codes)
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8.2.1 - In order to allow you to access and use our Online
trading facility, we will provide you for each Account
with a unique username and password that will allow you;
(a) to access and use our Online Trading Facility; (b) to
access and use your Account for the purpose of evaluating
real-time evaluations of your open trading positions and
consulting and/or reviewing historical transactional and
account data; and (c) to access and use your Account for
the purpose of entering into Transactions and/or Contracts
and place trades related to Transactions and/or Contracts
via our Online trading facility. The logins and passwords
will continue to be in force unless terminated by either
Party. We may provide replacement logins and passwords, at
any time as we think fit, to protect the security of your
Account and/or prevent unauthorized access and/or use of
your Account.
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8.2.2 - In relation to any of your Access Codes, you
acknowledge and undertake that: (a) you will be
responsible for the confidentiality and use of your Access
Codes; (b) other than with our prior written consent, you
will not disclose any of your Access Codes to other
Persons for any purpose whatsoever; (c) we may rely on all
Instructions, Orders and other communications entered
using any of your Access Codes, and you will be bound by
any transaction entered into or expense incurred on your
behalf in reliance on such instructions, Orders and other
communications;
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8.2.3 - In the event that your Access Codes have been
lost, stolen or compromised, you will promptly notify us
thereof in writing. Upon receipt of such notice, we will
immediately terminate your Access Codes, provided,
however, that you will at all times remain responsible for
any actions taken through the use of your Access Codes
before they are terminated by us.
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8.2.4 - You shall hold us harmless from, and indemnify us
for, any sustained damages, which we may suffer from your
failure to take adequate steps to protect the security of
your Access Codes, and your failure to prevent any person
from any unauthorized access and/or use of your Account(s)
on our Online trading facility; you shall hold us harmless
in any legal, administrative or arbitral proceedings and
expenses related thereto, and you shall indemnify us for
all damages, costs and expenses arising as a result of
non-compliance with this Section.
9. Funding and Payments
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9.1 - You may deposit funds into your Account at any time.
Deposits will only be accepted by a payment method offered
by the Company (e.g., bank wire transfer, electronic
payment methods, etc.) in the same name as yours. Under no
circumstances will third party or anonymous payments be
accepted. Unless expressly determined and stated
otherwise, we do not accept payments by cash and/or
cheque.
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9.2 - If you give an instruction to withdraw funds from
your Account, we will reduce the requested funds
immediately from your Account balance and shall use our
best efforts to process the specified withdrawal request
within 24 working hours, provided that the following
requirements are met: (a) the withdrawal request includes
all necessary information; (b) the instruction is to make
a payment through a payment method in your name (e.g.,
bank wire transfer, electronic payment method(s), etc.);
(c) you have provided full identification documentation to
support your withdrawal request; and (d) in cases where
there are open positions in the Account, the Margin Level
in your Account does not fall below the minimum required
level.
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9.3 - If we accept any payments to be made by a
debit/credit card or any other payment method in respect
of which processing fees may be charged, we reserve the
right to levy a transfer charge.
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9.4 - All foreign currency exchange risk arising from any
deposits in and/or withdrawals from your Account, or
resulting from the compliance by us with our obligations
or the exercise by us of our rights under these Terms and
Conditions, will be borne by you.
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9.5 - We shall not be liable: (a) to pay interest to you
on any credit balance(s) in any Account(s) or on any other
funds you deposit with us or which we are holding on your
behalf ; or (b) to account to you for any interest
received by us, or in respect of which we are the
beneficiary, in connection with any funds you deposit with
us or which we are holding on your behalf, or in
connection with any Contract and/or Transactions; you
consent to waive all rights to such interest and you
acknowledge and agree that we will be the beneficiary of
all such interest.
10. Deposits, Withdrawals and Refunds
10.1 Deposits
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10.1.1 - We reserve the right to impose deposit limits and
deposit fees in our system(s), at any time.
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10.1.2 - You agree that any funds transmitted to our bank
accounts or e-wallets by you or, where permitted, on your
behalf, will be deposited into your Account with us at the
value date of when they were received by us and net of any
charges/fees charged by the payment providers or any other
intermediary involved in such transaction process.
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10.1.3 - Before accepting any such funds into our bank
accounts and/or making any such funds available in your
Account with us, we must be fully satisfied that you, as
our client, are the sender of such funds, or that such
funds have been transmitted to us by an authorized
representative of you, as our client;
10.2 Withdrawals and Refunds
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10.2.1 - We reserve the right to impose withdrawal limits
and withdrawal fees in our systems, at any time.
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10.2.2 - Upon submitting a withdrawal request you may be
required to submit documentation as required by applicable
“Anti-Money Laundering (“AML”) & Know Your Customer
(“KYC”) Legislation” and/or any other similar rules and
regulations applicable to us.
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10.2.3 - When a withdrawal or refund is performed, we
reserve the right (but shall under no circumstances be
obliged) to remit the funds to the same remitter from, and
by the same payment method through which such funds were
initially received by us. In that connection, we reserve
the right, at our sole discretion, (a) to decline
withdrawals via certain specific payment methods; (b) to
require another payment method as the one indicated in any
withdrawal request, in which instance a new withdrawal
request may have to be submitted; and/or (c) to require
that further documentation be submitted, as required by
applicable “Anti-Money Laundering (“AML”) & Know Your
Customer (“KYC”) Legislation” and/or any other similar
rules and regulations applicable to us, before proceeding
with any withdrawal request.
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10.2.4 - If we are unable to remit the funds, or any
partial amount thereof, to the same remitter from, and by
the same payment method through which such funds were
initially received by us, we reserve the right to transmit
the funds via an alternative payment method selected by
us, at our sole discretion, in any currency we deem fit
(regardless of the currency in which the initial deposit
was made). Under these circumstances, we shall not be
responsible for any transfer fees or charges imposed by
the receiver and/or for any currency exchange rates
resulting from the payment of such amount.
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10.2.5 - Withdrawal requests that are accepted and
approved by us in accordance with the terms of this
Agreement are, in principle, processed within 24 working
hours following the receipt of the transfer request
instructions. We reserve the right to decline a withdrawal
request if the request is not in accordance with the
provisions of this terms and conditions, or to delay the
processing of the request if we are not satisfied with the
ancillary documentation submitted with the withdrawal
request.
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10.2.6 - You agree, when we so request, to pay any bank
transfer fees incurred when you are withdrawing funds from
your Account or when funds are refunded by us to your
designated bank account. You are solely responsible for
the payments details you are providing us with and we do
not accept any responsibility for your funds, if the
payment details you have provided to us are incorrect or
incomplete. It is also understood that we do not accept
any responsibility for any funds that are not directly
deposited into our bank accounts.
10.3 Card Deposits
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10.3.1 - You can deposit funds to your Account with us
quickly and easily by credit or debit card. The entire
transaction is processed electronically – online.
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10.3.2 - Before you can use your credit card, we reserve
the right, but shall under no circumstances be obliged, to
require that you register it with us. As the case may be,
the credit card registration process will be clearly
explained on the Credit Card Deposit screen displayed on
our Online trading facility. Upon submitting your credit
card registration, you may be required to submit
documentation as required by applicable “Anti-Money
Laundering (“AML”) & Know Your Customer (“KYC”)
Legislation” and/or any other similar rules and
regulations applicable to us. Once your credit card has
been successfully registered, you can start depositing
funds into your Account by credit card.
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10.3.3 - Registering and using your debit card is the same
as using a credit card. The debit card must be associated
with either Visa or MasterCard. The following information
must match: the mailing address you provided upon your
account registration must match your credit/debit card
statement’s billing address and, your full name must match
the name on the credit/debit card.
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10.3.4 - The Company takes the protection of its clients
very seriously and has various systems, controls and tools
set in place for their protection against credit card
fraud and so as to be in compliance with all applicable
anti-money laundering regulations. The systems, limits and
controls that the Company applies for the prevention
and/or identification of credit card fraudulent activity
may include, but are not limited to the Limits on the;
number of transactions allowed within a certain timeframe,
amounts allowed to be deposited within a certain
timeframe, amounts allowed to be deposited per transaction
etc.
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10.3.5 - In the case that the Company’s systems and tools,
as well as the systems and tools of the Company’s payment
services providers, identify a violation of the above
limits and restrictions and/or clients fail to pass the
security and authentication checks, the appropriate
measures are taken in order to prevent possible credit
card fraudulent activity and ensure clients’ protection.
These measures may include, but are not limited to, the
following;
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a. Investigations, further checks and/or request for
additional documentation in order to verify the credit
card details and ensure that you are the legitimate
owner/user of the credit card(s) used;
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b. Delay of transactions’ processing due to the
investigations taking place;
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c. Refusal of credit card deposit(s) in question and
refund the net amount deposited to the same credit
card account and via the same payment method through
which the deposit(s) was made;
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d. Cancellation of fraudulent transactions as soon as
they are detected;
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e. Block access to our online trading facility,
blocking and/or revoking your Access Codes and/or
terminating your Account(s);
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f. Seize any profits and/or revenues generated
directly or indirectly by exercising any such
prohibited trading activity and cancel any Account(s)
and active Orders associated with the credit card that
has been identified as fraudulent;
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g. Deny processing transactions exceeding the
limits/restrictions and/or failure to pass the
security and authentication checks.
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10.3.6 - Credit/debit card transactions are generally
processed within minutes of being requested. The deposited
funds are available for use immediately. We do not charge
any fees for using this service. If we accept any payments
to be made by a credit/debit card or any other payment
method that may charge processing fees, we do, however,
reserve the right to levy a transfer charge. All
transactions should be listed as purchases on your
credit/debit card statement. You may wish to contact your
issuing bank to ask if there are any fees on their side in
processing these transactions.
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10.3.7 - If you plan to use more than one credit/debit
card to deposit funds into your Account, you will need to
register it with us in accordance with the procedures.
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10.3.8 - It is important to keep a record of all of your
credit/debit card deposits. To help you maintain these
records you should be aware that your credit/debit card
deposits are recorded and reported on your credit/debit
card statement.
10.4 Chargebacks
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10.4.1 - If you place a chargeback with your credit card
company (on purpose or by mistake) for any deposit you
made in your Account with us, we reserve the right to
charge a “USD 100 – investigation fee” to your Account
upon receiving the chargeback by our merchant provider to
cover our investigative expenses to prove that you did
make the deposit, and you hereby authorize us to charge
this amount to your credit card.
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10.4.2 - We do not tolerate credit card fraud, and all
fraud, without exception, will be prosecuted through
criminal proceedings in your local jurisdiction to the
fullest extent of the law. In addition, we will pursue
civil legal action in your local jurisdiction seeking any
loss of income related to the fraud, including business,
legal fees, research costs, employee down time and loss of
revenues.
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10.4.3 - We employ various techniques to detect fraudulent
transaction across our Services. Fraudulent transactions
are immediately cancelled after being detected. Any active
Orders associated with the same fraudulent credit card
will also be cancelled immediately. We also actively
leverage external, cross-industry resources such as
worldwide fraud blacklists etc to prevent fraudulent users
from accessing our online trading facility.
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10.4.4 - You agree that if you choose to do business with
us and you file a chargeback with your credit card
company, but you do not win the chargeback argument, you
agree to pay us, in addition to the “USD 100,-
investigation fee mentioned above, a “USD 100,-
administrative processing fee” for our time responding to
the matter. You hereby authorize us to charge this amount
to your credit/debit card. If this charge is rejected, we
will pursue legal action to recoup losses for our time
associated with responding to the chargeback in addition
to any other fees explained above. You agree to reimburse
us or any Representative we may appoint for any legal
expenses your actions may make us incur.
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10.4.5 - In addition, we will attempt to recover
fraudulently disputed charges plus additional costs via a
third- party collection agency and your account will be
reported to all credit bureaus as a delinquent collection
account. Furthermore, in such instances, we reserve the
right, at our sole discretion, to take all action as we
see fit, including, without limitation, completely
blocking access to our Online trading facility, blocking
and/or revoking your Access Codes and/or terminating your
Account. Under these circumstances, we reserve the right
to seize any profits and/or revenues generated directly or
indirectly by exercising any such prohibit trading
activity and we shall be entitled to inform any Interested
third parties of your breach of this clause;
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10.4.6 - We take fraud very seriously. We keep IP logs of
all deposits made in our accounts – any orders coming back
as a chargeback due to fraudulent activities will be
diligently pursued through criminal proceedings in your
local jurisdiction for prosecution to the fullest extent
of the law.
11. Dormant and Archiving Policy
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11.1 - In the event that there is no activity
(trading/withdrawals/deposits) in all of your Accounts for
a set period of at least ninety (90) calendar days we will
regard your Accounts to be “dormant”. An Account shall be
deemed as dormant from the last day of the ninety (90)
calendar days in which there has been no activity (log
in/trading/withdrawals/deposits) in the Account.
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11.2 - Any pending orders may be deleted from dormant
accounts.
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11.3 - Dormant Accounts will be charged with a monthly
dormant fee of USD 5 (five United States Dollars) or the
full amount of the free balance in the Account if the free
balance is less than USD 5 (five United States Dollars).
There will be no charge if the free balance in the Account
is zero.
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11.4 - Accounts with zero balance will be archived after
period of ninety (90) calendar days.
12. Introducer Broker Policy
12.1 IB Requirements;
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a. Any individual or corporation can open an IB account
with erlegentrds by meeting the general conditions
of account opening as described in Terms and conditions.
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b. To become and IB minimum of 3 three active clients need
to be introduced. Active clients mean, a client have
successfully opened and verified their account and minimum
300 USD has been deposited for trading activities.
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c. IB is not allowed to have their own account or of their
immediate family members accounts for the commission
purposes.
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d. If any of the IB's clients (Client under Introducing
Broker) close the trade in less than three minutes, then
the IB commission can't be generated for such trades.
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e. Commission will be added to the IB account on basis of
initial agreement and commission structure as agreed,
which can be daily or monthly.
12.2 IB Obligations An IB registered with erlegentrds,
shall;;
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a. not take or omit to take any action which you know or
ought reasonably to know is reasonably likely to prejudice
or to bring into disrepute in any manner our business or
reputation or that of any of our associates.
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b. not knowingly do or commit (or permit to be done or
committed) any act, matter or thing that you know or ought
reasonably to know is reasonably likely to put us in
breach of any of the provisions of the Client Agreement or
Applicable Regulations.
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c. not make any representation or warranty concerning us
except as authorised by us.
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d. not, in their capacity as introducer, incur any
liability on our behalf or in any way pledge or offer our
credit or accept or enter into any contract binding upon
us.
- e. at times act in good faith for and towards us.
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f. not in any way represent to any Client that you or will
guarantee such Client against loss, limit the loss of such
Client or not call for or attempt to collect required
initial margin maintenance margin as established by us.
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g. not do anything, which is either intended or has the
effect of creating a binding contract or arrangements
between us and any other third person or of engaging us in
any liability.
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h. not at any time hold any assets belonging to Clients or
money which is or is to be treated as client money
12.3 How to retain your IB account
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a. Every month minimum of three new unique clients need to
be introduced
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b. Each of these minimum client trading account need to be
funded as per initial requirement
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c. If an IB do not fulfill the above conditions, then
company has the right to cancel or freeze the commissions
until the conditions are met. Company has also the right
to cancel the IB account in cases where its conditions are
not met.
13. Swap Free Accounts (Islamic)
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13.1 - We offer the possibility to open Islamic
(Swap-free) Accounts with us. Swap-free trading accounts
are available only to those clients who cannot use swaps
owing to their religious beliefs. Accordingly, in all
instances where we receive a request for an Islamic
(Swap-free) Account, we reserve the right to require an
adequate justification for and/or proof of the necessity
or need of any such conversion. Furthermore, we reserve
the right to refuse the processing of any such request for
any reason whatsoever, without being obliged to provide
any explanation or justification.
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13.2 - Clients are not allowed to use Swap-free Accounts
to make profits from Swaps and may not request the payment
of any Swap amounts that have been lost as a result of
converting their real trading Account(s) into one or more
Swap-free Account(s) for the period during which their
real trading Account(s) has/have been converted into one
or more Swap-free account(s).
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13.3 - In the event that we detect any form of abuse,
fraud, manipulation, cash-back arbitrage, carry trades, or
other forms of deceitful or fraudulent activity in regard
to any Swap-free Account of any client, we reserve the
right, at any time, (a) with immediate effect, to revoke
the Swap-free status (b) to correct and recover any un-
accrued Swaps and/or (c), with immediate effect, to close
all trading Accounts of such client with us, nullify all
trades carried out in such client’s trading Accounts
cancel all profits or losses.
14. Termination of Client Relationship and Liquidation of
Accounts
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14.1 - Without prejudice to any other provisions of this
Agreement, in particular, but without limitation, those
pertaining to Events of Default, our client relationship
under this Agreement shall remain in force u
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14.2 - Unless required by Applicable Laws, Rules and/or
Regulations either Party may terminate this Agreement by
giving written notice of termination to the other.
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14.3 - Upon terminating this Agreement, all amounts
payable by you to us will become immediately due and
payable including all outstanding fees, charges and
commissions; , any dealing expenses incurred by
terminating this Agreement; and any losses and expenses
realized in closing out any Transaction or Contract, or
settling or concluding outstanding obligations incurred by
us on your behalf.
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14.4 - On termination, we shall complete all Transactions
and/or Contracts that are already entered into or under
execution and these Terms and Conditions shall continue to
bind both parties in relation to such Transactions and/or
Contracts. We shall be entitled to deduct all amounts due
to us before transferring any credit balances on any
Account(s) to you and we shall be entitled to postpone
such transferring until any and all Transactions and/or
Contracts between you and us are closed. Furthermore, we
shall be entitled to require you to pay any charges
incurred in transferring your investments.
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14.5 - In the event that you involve us, directly or
indirectly, in any type of fraud, we reserve the right, at
our sole discretion and without prejudice to any other
rights we may have under this Agreement, to reverse all
previous Transactions and/or Contracts, which would or
could place our interests and/or any of our (other)
clients’ interests at risk.