Please read this document carefully. It details the services which we will provide and it sets out the obligations and rights applying between you and StockPoint If there is anything in this document which you do not understand or with which you do not agree, do not use our Services.
The text of these Terms and Conditions is an electronic agreement between you (hereinafter the “User”) and StockPoint, a company registered and operating according to the laws of Slovak Republic, Company number ….., with the registered address ……. (hereinafter the “StockPoint”).
These Terms and Conditions and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by StockPoint. using the website www.stockpoint.io (the “Site”) or our mobile applications, and to any other related services products and content provided by StockPoint (collectively, the “Services”). By clicking on an “I Agree” button or check box presented with these Terms or, if earlier, by accessing or using any Services, you agree to be bound by these Terms.
The text of these Terms and Conditions permanently located at https://StockPoint/termsandconditions/ contains all the essential conditions of the public offer of StockPoint.
These Terms and Conditions were published on and last updated on mm.ddth, yyyy. You should print a copy of these Terms and Conditions for your references.
These Terms and Conditions describes to You in full detail the terms and conditions which You must accept without restrictions or objections before using our Services. Before You use our Services and before You become a customer of StockPoint, You must fully understand and agree to all the terms and conditions expressly explained and/or implied hereto by reference.
Use of the Services is subject to these Terms and Conditions. By creating an account on the Site and/or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms and Conditions in effect from time to time and YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE.
If you have any objections to the Terms and Conditions, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and Conditions and any other legal notices and statements contained on this Site. Your use of the Services is governed by the version of the Terms and Conditions in effect on the date each Service is used by you. You are responsible for checking this page on our website/applications periodically in order to review the current version of the Terms and Conditions. Please feel free to contact our customer support team at http://www.stockpoint.io/application/help/contact.aspx for any clarifications before you use or continue to use any Service.
Notwithstanding anything to the contrary, by continuing to use our Services You are implying that You have read these Terms and Conditions and have unconditionally accepted without reservation the Terms and Conditions in their entirety.
IMPORTANT NOTE - StockPoint DOES NOT ACCEPT ANY USERS IN THE USA (RESIDENTS AND CITIZENS), JAPAN, BRAZIL, TURKEY, CANADA (INCLUDING ONTARIO & QUEBEC), DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (DPRK), IRAN, CUBA, ALBANIA, SERBIA, SUDAN OR SYRIA.
IF YOU ARE TRAVELLING TO ANY OF THESE COUNTRIES, YOU ACKNOWLEDGE THAT OUR SERVICES MAY BE UNAVAILABLE AND/OR BLOCKED IN SUCH COUNTRIES.
StockPoint RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS OR CONDITIONS BEFORE ACCEPTING USERS RESIDING IN OR FROM SPECIFIC COUNTRIES IN ITS SOLE DISCRETION.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking the “I agree” button or similar buttons or links as may be designated by StockPoint to show Your approval of any foregoing texts, the use of the Services (as defined below), You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites and platforms. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non- electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
THE PRESENT TERMS AND CONDITIONS ARE CONSIDERED TO HAVE BEEN ACCEPTED PROPERLY IF THE USER FOLLOWS THE STEPS LISTED BELOW:
AFTER THE USER PRESSES THE ‘CONTINUE’ BUTTON AND SEES THE SPECIAL MESSAGE INFORMING ABOUT THE SUCCESSFUL REGISTRATION, THE REGISTRATION PROCESS IS CONSIDERED COMPLETED AND THE CONDITIONS OF THE PRESENT TERMS AND CONDITIONS BECOME OBLIGATORY TO ABIDE FOR THE REGISTERED PERSON.
After passing the necessary registration steps StockPoint and the third party using the site in the Internet network located at https://stockpoint.io/ have concluded the use of the Services on the following Terms & Conditions.
ATTENTION: IF YOU DO NOT AGREE WITH THE CONDITIONS OF THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER ON THE WEB https://stockpoint.io/ AND DO NOT USE ITS SERVICE.
1. TERMS AND DEFINITIONS
In the present Terms and Conditions the following terms have the meaning indicated below, unless otherwise is stipulated:
The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Slovak Republic and to the general rules of interpretation of such terms accepted in the Internet network.
The titles of different sections (articles) of the Terms and Conditions have been put with the only objective to make the text more comfortable for the reader and do not have any literal legal effect.
2. SUBJECT OF THE AGREEMENT
Under the Agreement StockPoint renders to the User the following services:
Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other User, and that StockPoint is not a counterparty to any trade.
3. ACCESS TO THE SYSTEM, REGISTRATION PROCESS, ELIGIBILITY AND CHAT USE
3.1. ACCESS TO THE SYSTEM
StockPoint grants the User access to the information about the System, Currency Rates offered by other Users, closed Deals and about placed Orders before the registration process is completed.
In order to get access to the System, the User should complete the registration process. After that the User will get access to the Personal Account created on the basis of the User Account Data.
The User is responsible for setting up a password during the registration process. The User can change the password any time after the registration process is completed. The User commits to safeguard password and User Account Data from the access of third parties and is the one to determine the best way to save this data and take steps to prevent it from being discredited. In case of loss or discrediting the password and/or the User Account Data as well as in cases when third parties illegally obtain access to the User’s Personal Account, the User has to inform the StockPoint about these circumstances by contacting the technical support team ([email protected]). Until StockPoint receives the corresponding message, all the actions made from the User Personal Account will be considered as made by the proper User as the holder of the Account.
You acknowledge that applicable laws require financial institutions to obtain, verify, and record information identifying each person who wishes to effect trading activity via an StockPoint account. By accepting these Terms and Conditions, you agree to StockPoint’s verification policy. You further acknowledge that We make efforts to prevent fraud and to confirm Your identity. Accordingly and in order to comply with our regulatory obligation, upon our registration process or at any given time thereafter and in any event prior to commencing your trading activity, You are required to provide personally identifiable information and additional documentation required by Us for such purpose. If you fail to verify your account within days as of the effective date of these Terms and Conditions (i.e. from your deposit date), we will be forced to terminate the relationship with you and refund the available balance from your account, less any non-withdrawable amount, to the original method of payment in your name. It is hereby clarified that until You have fully verified your account certain actions may be taken and certain limitations may be imposed on your account at any time prior to such termination, all according to StockPoint’s sole discretion (such as, but not limited to: closing open positions in your account, restricting any withdrawals /opening new positions/making new deposits; and any other action or limitation as StockPoint shall decide).
Without derogating from the generality of the foregoing, StockPoint reserves the right to limit, block access to the Services and/or terminating the user account (including by closing your open positions) and/or to assign its accounts to another entity at any time if such required information and documentation is not provided. StockPoint shall bear no responsibilities to the possible losses you incur upon the closure of such positions.
The User has the right to hold and use only one Personal Account and cannot use two or more Personal Accounts. Such actions will be considered as violation of this Agreement.
It is a pre-condition that our Services are only used and contracts are only formed by those who are permitted to enter legally binding agreements. Therefore, if there is any reason why You would not be able to enter a legally binding agreement with Us, for whatever reason - do not use our Services. Such reasons could include, but are not limited to persons that have not yet reached a legal age of consent in a relevant jurisdiction. Due to our internal policies, we will only provide the Services to users with sufficient experience, knowledge and understanding of financial investments in financial products and cryptocurrencies, who fully understand the associated risks. Notwithstanding any of the above, the above mentioned eligibility restrictions shall only apply in cases where the Services involve the use of real money. The above restrictions shall not apply to use of any demonstration account not associated with real money transactions. Trading activity with StockPoint might be illegal in some jurisdictions and we encourage users (including, but not limited to users from Canada and Brazil) to check local regulations before deciding to use the Services. We reserve the right to asses or reassess at any time your relevant knowledge and experience to use our Services.
Without limiting the foregoing, by using our Services You acknowledge and understand that laws regarding financial instruments and cryptocurrencies vary throughout the world, and it is Your obligation alone to ensure that You fully comply with any law, regulation or directive, relevant to Your country of residency with regards to the use of our Services. For avoidance of doubt, the ability to access Our Services does not necessarily mean that Our Services, and/or Your activities through it, are legal under the laws, regulations or directives relevant to Your country of residency. Our websites and/or any other online material do not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
3.4. CHAT USE
The User gets access to the Chat after replenishing the Account with the sum equal to or exceeding 2000,00 (two thousand) € regardless of the kind of Funds.
While using the Chat, the User is prohibited to:
We are required by law any applicable regulations (including without limitation, the Foreign Account Tax Compliance Act (“FATCA”) to confirm and verify the identity of each person who registers on our system and opens an account with us. Therefore, you will be prompted to provide us with information when you register with us, including: (1) name, (2) address, (3) date of birth, (4) phone number and any other personally identifiable information that we may ask for from time to time such as a copy of your passport, a proof of addresses or other identifying documents or information, and the countries of which you are a tax resident, and confirm whether you are a US citizen or your place of birth is in the US. You shall notify StockPoint in writing within 30 days of any material change in the validity of, or information previously provided to Us.
4.2. Financial Checks
From time to time you may be requested to provide us with certain documents to verify the details of the credit card, electronic wallet and/or other means of payment used by you to deposit monies in your account, or other details provided by you. Subject to such verification you may or may not be permitted to deposit money or further money or use or continue to use any Services.
4.3. If you do not provide the information within the required time frame, or provide inaccurate, incomplete or otherwise misleading We reserve the right to limit, block access to the Services and/or terminate the user account and/or to assign the user’s account to one of StockPoint’s affiliates if such information is not provided.
4.4. Death or incapacity of account owner
Upon the death or incapacity of an account owner and if the legal heirs or representatives of such account owner would like to withdraw the remaining balance in the account, to the extent there is any, such legal heirs should present to us official legal documents from the applicable authorities in the relevant jurisdiction to our satisfaction, and we, in our sole discretion and upon checking such documents, shall make the decision whether to allow such withdrawal.
5. THE ACCOUNT
5.1. USING THE ACCOUNT
After registration in the System the User gets access to his/her Account in the Personal Account. The User can operate personally using his/her Account and the Personal Account
The StockPoint indicates in the Personal Account the information necessary for the replenishment of the Account and for the withdrawal of Funds from the Account in the Personal Account.
To replenish the Account the User has to transfer Funds according to the bank details indicated by StockPoint in the User Personal Account. The User is responsible for paying commissions and service fees related to the transfer as well as assumes the risks of indicating an incorrect bank account details.
The Account is considered to be replenished when the corresponding amount of money enters the current account of StockPoint or when a corresponding message appears in the StockPoint Wallet about receiving not less than 6 (six) confirmations.
The StockPoint commits to receive Cryptocurrency items from Users, keep them, keep a record of them, execute transactions and provide them to the Users upon their request.
The StockPoint keeps a record of the funds transferred to the Account and does not keep Users’ money. Money transfers during the Account replenishment as well while executing Deals between the Users are carried out by third parties (aggregators, payment institutions and other facilitators). The StockPoint is not liable for actions of these third parties.
All Account operations are carried out at User’s request. The StockPoint does not accept orders on carrying out any operation with the User Account from third persons except otherwise is stipulated by the Agreement or other agreements between the Parties.
All the Funds placed on the Account belong to the User. The StockPoint cannot block Funds on the Account without the order emitted by the User as well as can write-off Funds only in cases stipulated by the Agreement.
Interests do not apply to the remainder amount of Funds in the User Account, and the StockPoint is not committed to pay the abovementioned interests.
To withdraw Funds from the Account, the User has to fill the corresponding form in the Personal Account. The User will get a message to the email address indicated during the registration process asking to confirm or to deny the withdrawal operation. In case the User denies or does not confirm the withdrawal, the Funds will remain in the Account.
The System sets some restrictions for Funds withdrawals and the User cannot instigate withdraw Funds during 3 (three) days after changing User Account Data, which includes changing or restoring password, and also changing authorization method.
The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to bank verifications and checks, for a period up to one (1) month. Similarly and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from his/her Account may take between one (1) hour and seventy two (72) hours, barring unforeseen or unavoidable network issues.
Unverified users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.
In case if the User discovers suspicious transaction activity, including but not limited to unknown deposits and withdrawals, on his/her Account that was not initiated by the User, the User shall immediately notify StockPoint of this fact and follow the instructions sent by StockPoint. Otherwise, StockPoint reserves the right to freeze the Account until the end of investigation.
StockPoint may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement related to deposit and withdrawal of Funds from User`s Accounts. In such cases the User is obliged to cooperate with StockPoint in order to discover the reasons for such request.
5.2 YOUR REPRESENTATIONS AND WARRANTIES
5.2.1. Every time you use a Service you will be deemed to represent and warrant that:
5.2.2. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you on which we will rely when we provide the Services to you.
6. TRADING DEALS
The Deals in the System are made on the basis of Orders placed by the User and according to the conditions stipulated by the Parties, taking into consideration the preliminary conditions of the agreement on onerous alienation of rights to Cryptocurrency. The StockPoint in no circumstances should be considered the dealing party. All the Deals are conducted between the Users on the information support of the StockPoint.
The User recognizes that an Order shall only be submitted after careful consideration and understands and accepts consequences of its execution.
The StockPoint charges reward for the execution of Deals. The commission rewards are determined by the Fees.
To place an Order the User has to replenish the Account for the amount indicated in the Order and fill the corresponding form in the page ‘Trades’ or ‘Exchange’ depending on the Order type that can be consulted in the section 6 of the present Agreement.
The User’s Order is registered in the System after verifying the availability of required amount of Funds on the Account. The StockPoint controls the possibility of Users to carry out transactions and by this strengthens confidence between the Users and reduces the risk of non-execution of Users’ obligations under the Deals. The System does not register the Order if the Account does not have enough Funds for conducting the Deal.
User cannot place more than 20 (twenty) Orders at the same time. The System does not register Orders that exceed the indicated amount.
The User can call back the Order at any moment until its full execution.
All the Users can consult an Order until it is fully executed or called back. Placed Order represents a User’s proposal to close a Deal.
The Deal on the placed Order is closed when the System registers a Counter Order placed by another User. Counter Orders are reverse orders that have the same Exchange Rate. The registration of counter orders in the System is considered the User’s acceptance of the offer. The Order is considered executed at the moment of the counter order registration in the System.
Order can be executed partially. If this happens the System will place another Order for the amount of unencumbered balance of the originally placed Order.
The execution of the Order is realized by transferring the corresponding Funds indicated in counter orders to Users Accounts. Transfer of these Funds is made automatically by the System. Herewith the actions realized by the System are considered to have been realized at Users request.
Such actions as placing Orders, calling them back and closing the Deals are reflected in the User Personal Account.
The information about the closed Deals is available for all the Users during a period of time determined by the StockPoint.
7. TYPES OF ORDERS
Simple buy order
Simple sell Order
Market buy Order
Market sell Order
Complex buy and sell Order
9. DETECTION AND PREVENTION OF ILLEGAL SITE AND SYSTEM USE
The User is prohibited to conduct Deals omitting the formal procedure of placing Orders by means of using personal messages and other options of the Site and/or the System. In these cases a message ceases to be private and becomes available for moderators and the administration if one of chat users complaints about it.
The User is prohibited to use the Site and/or the System in any other way than those stipulated in the Agreement; in particular, the User is not allowed to advertise products on the Site in case the Parties have not entered an additional specific agreement.
The User is prohibited to use the Site and/or the System with unlawful aims including laundering of money derived from criminal activity, financing of terrorism and involvement in extremist activity.
The User is obliged to go through the identification process established by the System or third parties (aggregators, credit or other organs) during the Deal-making process as well as fulfill the requirements stipulated by Slovak Republik law in the field of counteraction of laundering (legitimization) proceeds of crime.
10. RISK WARNING RISKS DISCLAIMERS AND LIMITATIONS ON LIABILITY
The User guarantees that he/she understands general principles of work with Cryptocurrencies and is aware of Cryptocurrency of the following characteristics affecting its value and risks related to it:
Price volatility: The value of cryptocurrencies is extremely volatile. They are vulnerable to sharp changes in price due to unexpected events or changes in market sentiment.
Leverage: Leverage multiplies User’s profits but also potential losses and can have a significant impact on fees. It also places User at risk of losing more than his/her initial investment.
Charges and funding costs: Charges and Fees can include the spread, funding charges, and commissions.
Price transparency: When compared with fiat currencies, there can be more significant variations in the pricing of cryptocurrencies used to determine the value of User’s position. There is a greater risk that the User will not receive a fair and accurate price for the underlying cryptocurrency when trading.
User should only participate in trading deals if he/she has a sophisticated knowledge of financial markets and fully understands the risks associated with cryptocurrencies.
The User guarantees that he/she has a right to execute transactions with Cryptocurrency and possesses a full legal capacity.
The User understands that the StockPoint in no way influences the Exchange Rate set by the Users, does not give recommendations on Exchange Rate determination and does not forecast the rates. The User is responsible for all economic risks related to choosing particular Exchange Rate. The StockPoint does not guarantee that the Deal will be finally closed and that the conditions of this Deal will be of the User’s benefit.
The User understands that the StockPoint in no way bears relation to deal conduction and/or transactions related to Cryptocurrency. Correspondingly the StockPoint does not assume the responsibility to guarantee terms and/or possibilities of carrying out this or that operation and/or transaction related to Cryptocurrency, which are necessary for Deal making.
The User understands that all the operations with Cryptocurrency have irreversible character and that Funds acquired during the Deal can be returned only on the basis of additional specific agreement with other User.
9.1. General Risk Statement
You understand that You are using our Services at your own risk. It for this reason that We condition the use of our services to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to trading contracts for differences in relation to foreign currencies and Cryptocurrencies. It is also important to have relevant experience when entering financial contracts and transactions. As You know Cryptocurrencies market is a dynamic arena and their respective prices are often highly unpredictable and volatile. You should not deal in these products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. In addition, use of our Services can never be considered a safe investment rather only an investment with a high risk of loss inherently associated with it. We make sure that the maximum risk associated for any user shall not exceed the actual amount of money available in your Account so You cannot lose more than the equity in your account.
9.2. Accountability for Each Financial Transaction
By using our Services, You agree to be fully, independently and personally liable for each transaction and/or credit card transaction made on our System through your Account. As such, You must make sure that You are the only person with access to your Account at all times. You must make sure that no minors have access to your Account. If You do not settle a transaction performed through your account You shall be liable to Us and must indemnify Us in the amount necessary to cover the entire cost, whether indirect or direct, of the transaction. In the unlikely event that a contract is entered to acquire or sell Funds (currency and/or cryprocurrency) at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), We reserve our right to terminate and cancel any such transaction. We will notify You of our decision to cancel the transaction and explain our reasons to You. On the other hand, You are required to inform Us of any such malfunction should You experience such a malfunction whilst trading on our system.
9.3. Restrictions on Financial Transactions
You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide. As such, You understand that ultimately it is your responsibility to make sure that You comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services. We strictly state that We do not permit the use of our Services by users from jurisdiction in which the use of our Services is not permitted. These Terms and Conditions are not offering or soliciting the use of our Services to any one located in a jurisdiction in which the specific use is not authorized or otherwise permitted by local laws. Please note that StockPoint shall apply its own spread to all transactions and trades made by using our Services which can increase the cost of the transactions and trades accordingly. By using our Services, You declare that all the funds that You use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that We become suspicious that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms and Conditions, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, StockPoint is under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to the Service and/or blocking your account, We reserve the right to prevent You from accessing any of our other websites or servers, or accessing any other services offered by Us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and You will cooperate fully with Us to investigate any such activity.
9.4. Additional Risk Disclosures
It is important that You be fully aware of the following points:
9.4.1. StockPoint reserves the right to close part, or all, of customers' open positions, in order to facilitate the charge of any fees or amounts due by You. Notwithstanding, You shall be liable for promptly paying such fee(s) and/or amounts to StockPoint.
9.4.2. You acknowledge that the trading of certain Instruments on the trading platform may become volatile very quickly and without warning. Due to the high degree of risk involved in trading volatile Instruments, you acknowledge and agree that we reserve the right to close all or any open Transactions with respect to any Instruments that we determine, acting reasonably, are volatile, at the price quoted on the Trading Platform at such time without notice.
9.4.3. In the event liquidity providers are unable to provide liquidity to Us your order may experience delays in execution or You may not be able to place orders entirely. The size of the order may also impede the speed at which the order is executed. Keep in mind that it is only necessary to enter any order once. Multiple entries for the same order may inadvertently open unwanted positions.
9.4.4. While trading on our website and/or applications, You might encounter system errors that are resulted from hardware and/or software failures. The result of any system failure may be that your order is either not executed according to your instructions, executing with account balance errors and discrepancies or not executed at all. StockPoint will not be liable for the resulting errors in account balances. StockPoint reserves the right to make the necessary corrections or adjustments the account involved.
9.4.5. Even though the Cryptocurrencies markets may be liquid as compared with other financial instruments or markets, the market conditions might at times render the execution of an order or of a limit on an order (for example by placing a stop) at a stipulated price impossible. Accordingly, even though the extent of the losses could be subject to an agreed limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.
9.4.6. In the event of the price of one of your transactions moving against you, in addition to the requirement to deposit additional guarantees or Margin as may be required by StockPoint, StockPoint reserves the right to close the outstanding balances without your consent.
9.4.7. Under abnormal market conditions, the price of underlying market or instruments may fluctuate rapidly to reflect unforeseeable events that cannot be controlled either by us or by you.
9.4.8. It is important to make a distinction between indicative prices which are displayed on charts and dealable prices which are displayed on our trading platform. Indicative quotes only give an indication of where the market is. Because the Cryptocurrencies market is decentralized, meaning it lacks a single central exchange where all transactions are conducted, each market maker may quote slightly different prices. Therefore, any prices displayed on any chart made available by us or by a third party will only reflect "indicative" prices and not necessarily actual "dealing" prices where trades can be executed.
9.4.9. All statements with respect to real money accounts will be open during the weekend and all traders are welcome to view their trading account info. StockPoint reserves the right not to offset contracts carried over the weekend shortly after markets are open. StockPoint will allow offsetting contracts carried over the weekend when market liquidity conditions are reasonable.
9.4.10. The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to your transactions with respect Cryptocurrencies. Therefore, before starting to trade, You should learn the specifics of trading on such transactions in detail or seek further advice.
9.4.11. There are a series of inherent risks with the use of the mobile trading technology such as the duplication of order instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Prices displayed on the mobile platform are solely an indication of the executable rates and may not reflect the actual executed price of the order. Our mobile feature utilizes public communication network circuits for the transmission of messages. We shall not be liable for any and all circumstances in which You experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between You and any internet service provider, phone service provider, or any other service provider. Please further note that some of the features available on the trading platform or our Social Trading Features may not be available on our mobile feature.
9.5. Additional Risks and Disclosures Associated with Trading Cryptocurrencies.
In addition to and without derogating from the general risk disclosure set forth in Section 9.1., 9.4., We condition the ability trade in contracts for differences for Cryptocurrencies to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to such financial instruments. This notice cannot disclose all of the risks and other significant aspects of contracts for differences with respect to Cryptocurrencies. In that respect we note as follows:
9.5.1. When effecting a transaction in Cryptocurrencies, you shall not have any title or ownership (beneficial or otherwise) in the underlying security or Bitcoin or any other cryptocurrency. As such, you shall not be entitled to any voting rights, rights to receive notifications, dividend rights and/or you will not own Cryptocurrencies. For further information with respect to your rights upon an event of dividend distribution and/or merger or acquisition of the corporations which issuer of the underlying security.
9.5.2. YOU HEREBY FURTHER ACKNOWLEDGE THAT THE CRYPTOCURRENCIES MARKET IS DECENTRALIZED, NON-REGULATED AND DETERMINED BY DEMAND AND SUPPLY ONLY. THE VALUE OF THE CRYPTOCURRENCIES IS EXTREMELY VOLATILE AND THE PRICE OF CRYPTOCURRENCIES CAN UNPREDICTABLY INCREASE OR DECREASE OVER A SHORT PERIOD OF TIME. ACCORDINGLY, CRYPTOCURRENCIES SHOULD BE SEEN LIKE AS AN EXTREMELY HIGH RISK ASSET AND YOU SHOULD NEVER INVEST FUNDS THAT YOU CANNOT AFFORD TO LOSE IN A CRYPTOCURRENCIES. BEFORE EXECUTING A CRYPTOCURRENCIES ORDER PLEASE TAKE INTO ACCOUNT THAT: (I) WE RELY ON OUR UNREGULATED LIQUIDITY PROVIDERS FOR CRYPTOCURRENCIES LIQUIDITY (II) StockPoint CURRENTLY ALLOWS TRADING IN CRYPTOCURRENCIES OVER THE WEEKEND AND IT RESERVES THE RIGHT NOT TO DO SO. SHOULD StockPoint SO ELECTS, TRADING IN CRYPTOCURRENCIES SHALL BE ALLOWED ONLY FROM MONDAY THROUGH FRIDAY. GIVEN THAT THE CRYPTOCURRENCIES EXCHANGES MAY OPERATE OVER WEEKENDS, THERE MAY BE A SIGNIFICANT DIFFERENCE BETWEEN FRIDAY'S CLOSE AND SUNDAY'S OPEN. ALL SUCH FACTORS MAY RESULT IN YOU EITHER NOT COMPLETING AN ORDER ON A SPECIFIC TRADING DAY OR COMPLETING AN ORDER ON A SUBSTANTIALLY LESS FAVORABLE PRICE.
9.5.3. Delisting and/or non-supported Cryptocurrencies.
If at any time any of the Cryptocurrencies that forms the subject of your order is delisted and/or we no longer support the trading in such Cryptocurrencies for any reason, then the applicable order will be immediately closed.
9.5.4. Operation of Cryptocurrency Protocols and Transformations.
StockPoint does not own or control the underlying software protocols which govern the operation of Cryptocurrencies available for trading in our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using StockPoint Services, you acknowledge and agree (i) that StockPoint is not responsible for operation of the underlying protocols and that StockPoint makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules Forks and/or other events and/or transformations, and that such forks, transformations and/or other events may materially affect the value, function, and/or even the name of the Cryptocurrency StockPoint holds for your benefit. In such an event, you agree that StockPoint may temporarily suspend StockPoint operations (with or without advance notice to you) and that StockPoint may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely and/or the Cryptocurrency resulting from such event. According to our sole discretion we may decide (but for avoidance of any doubt we are not obligated to do so) to adjust your account in respect of a Fork/event depending on the circumstances of each event attributable to any specific Cryptocurrency held by You. Such adjustment shall be calculated by us, net of any taxes which may apply with respect thereto. In doing so we will make an effort to effect such adjustment on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice and/or taking into account the treatment we may receive from our counterparties or any relevant third party. You acknowledge and agree that StockPoint assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol and/or the Cryptocurrency resulting from such event.
10. TECHNICAL FEATURES AND REQUIREMENTS
10.1. You acknowledge that the Services and/or the Software are beta versions at the stage of development. Consequentially, the Services and/or the Software are instable and may not work error free. We do not warrant that the functions contained in the Services and/or the Software will meet Your requirements or that the operation of the Services and/or the Software will be uninterrupted or error free. Moreover, We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software and/or the Services including without limitation, the structure, specifications, "look and feel," navigation, features and other elements of the Software and/or the Services or any part thereof.
10.2. Technical Requirements to Use Our Services. You must provide and maintain adequate technical means on which You install our software and/or access our Services. These technical means must include at least a personal computer/mobile device/tablet, internet access by any means and telephone or other access line. Access to the internet is an essential feature and You shall be solely responsible for any fees necessary in order to connect to the internet. Furthermore, as You are using your personal computer in order to access our Services You are strictly and solely liable for the integrity and proper storage of any data associated with our Services. By using our Services, You represent and warrant to Us that You have installed and implemented appropriate means of protection relating to the security and integrity of your computer and that You have taken appropriate action to protect your system from computer viruses or other similar harmful or inappropriate materials, devices, information or data. We will not be liable to You in the event that your computer system fails, damages, destroys and/or formats your records and data. Furthermore, if You incur delays and any other form of data integrity problems that are a result of your hardware configuration or mismanagement, We shall not be liable. You further undertake to protect Us from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to our system from your personal computer.
10.3. Technical Problems and Difficulties. As a provider of technology, We remind You that in some circumstances the use of the internet can at times be unreliable and at times You may experience trouble connecting, although is now common practice that generally the use of the internet is now regarded to be very reliable. Notwithstanding, and recognizing the above, You hereby undertake that We will not be liable, and You will not hold or seek to hold Us or any of our officers, employees agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. We do not represent, warrant, guarantee or claim that You will be able to access or use our Service at all times and from any location. Moreover, if you are travelling to any country in which our Services may not be available or are blocked, such as USA, Japan and/or Turkey, you have limited or no access to our Services. Neither do We represent, warrant, claim or guarantee that our Services will be uninterrupted and error-free at all times. Furthermore, We make no warranties for merchantability or fitness for a particular purpose.
10.4. Disconnection Policy. If You are suddenly disconnected from our Services whilst actively trading online, We will keep your positions open until You can reestablish your connection or trading ceases.
10.5. Maintenance Shut Downs. We maintain our continuing right to shut down our operations and close our Services to our customers at any time. We may do so at any given time, without notice. If We do so, We maintain the right to close all open transactions and to conclude the transactions at fair and market value quotes so that our customers will not have any ongoing claims from Us. Furthermore, at any given time, at our sole discretion, We reserve the right to impose volume limits on customer accounts. Contract payouts shall be determined by StockPoint by reference to the daily values reported on this website relevant to the interbank trading data received by StockPoint, subject to the provision that StockPoint shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.
11. PROHIBITED TRADING TECHNIQUES
11.1. Circumvention & Reverse Engineering. You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that We have applied to our system. If, at our sole discretion, You are in breach of this clause, We may terminate your access to the Service immediately and/or have your account blocked, and StockPoint may inform Interested Third Parties of your breach of this clause. We have and will continue to develop any tools necessary to identify fraudulent or unlawful use of our Service.
11.2. Artificial Intelligence Software. It is absolutely prohibited to use any software, at our sole discretion, which purpose is to apply any kind of artificial intelligence analysis to our system relating to the use of our Service. In the event that We determine, at our own discretion, that artificial intelligence software has been used We reserve our right to take action as We see fit, including completely blocking access to the Service and/or terminating the user account. StockPoint reserves the right to seize any profits and/or revenues generated directly or indirectly by exercising prohibit trading activity as described in this Section 11.
11.3. Abusive trading technique. Internet, connectivity delays, market events and price feed errors sometimes create a situation where the prices displayed on the StockPoint trading platforms do not actually reflect the market rates, either generally as a result of connectivity delays, upon the occurrence of a market event or an abnormal trading conditions. Trading strategies aimed at exploiting errors in prices and/or concluding trades at off-market prices, or taking advantage of these internet delays (such a scalping or sniping), cannot exist in an OTC market where the client is buying or selling directly from the market maker. Such trading strategies are not permissible on our trading platform. You are also prohibited from entering into transactions or combinations of transactions which taken together or separately are for the purpose of manipulating our platform for gain, such as such as holding long and short positions in the same or similar instruments at similar times either by you or by you acting in concert with others. If We can reasonably demonstrate that you, based on your trading strategy or other behavior, deliberately and/or systematically exploited or attempted to exploit such errors in prices, off-market prices and/or performed prohibited trading activities, we are entitled to take one or more of the following counter measures within 30 days as of the time We have identified such techniques: (i) adjust the price spreads available to you; (ii) restrict or delay your execution and/or your access to streaming, instantly tradable quotes, including by providing manual quotations only; (iii) reclaim from your account any historic trading profits that we can demonstrate have been gained through such abuse at any time; and/or (iv) terminate the account immediately by giving written notice. Any dispute arising from such quoting or execution errors will be resolved by StockPoint at its sole and absolute discretion.
12. CONFLICTS OF INTERESTS
12.1. We are required to have in place arrangements with a view to taking all reasonable steps to prevent conflicts of interest constituting or giving rise to a material risk of damage to the interests of our clients. Where we are unable to prevent a potential conflict of interest, we will notify you in writing about the nature and sources of potential conflicts of interest, so that you can make an informed decision on the Services or recommendations involved.
12.2. You accept and confirm that a conflict of interest may arise when the interest of StockPoint and its affiliates competes or may appear to compete with your interests under these Terms and Conditions.
12.3. Specifically you hereby acknowledge and confirm that:
12.3.1. We may assign or transfer the execution of Your orders to another member of the StockPoint group or companies;
12.3.2. We may execute at the same time orders by different customers that are opposite to one another;
12.3.3. We may establish business, including without limitation, trading relationships with other issuers of financial instruments and We may have a financial interest in such instruments;
12.3.4. We act as a market maker and in this context there may be inherent conflicts of interest; and
12.3.5. We may compensate and/or share our revenues from your activity with our affiliates, partners and/or other similar parties performing marketing activities on our behalf. For instance, for information as to compensation paid to our affiliates please see http://www. StockPointpartners.com/.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL AND CRYPTO TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON OUR WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
13.2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA OUR WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE WEBSITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY TRANSACTION OR OTHER FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITES WILL BE UNINTERRUPTED, SECURED, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.
13.3. IN NO EVENT SHALL WE OR OUR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF StockPoint OR ITS AFFILIATES (THE " StockPoint PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF OUR WEBSITES, ANY INFORMATION POSTED ON OUR WEBSITES BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON OUR WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
13.4. IN ANY EVENT, AND NOTWITHSTANDING, THE MAXIMUM LIABILITY THAT YOU MAY CLAIM FROM US FOR ANY REASON SHALL BE NO MORE THAN THE ACTUAL SUM OF MONEY THAT YOU DEPOSITED IN YOUR ACCOUNT FOR THE PURPOSE OF TRADING THAT MAY HAVE BEEN THE BASIS FOR ANY ACCUMULATED LIABILITY THAT YOU INCUR. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
14. INTELLECTUAL PROPERTY AND RESTRICTIONS ON SITE AND SYSTEM USE
The Site and the System contain fruits of intellectual labor that belong to the StockPoint, affiliated persons and other related parties, sponsors, partners, representatives, all the parties acting on behalf of the StockPoint and other third parties.
By using the Site and the System the User acknowledges and agrees that all Site content and the structure of Site content are protected by copyright, trademark and other rights concerning the results of intellectual activity, and that the abovementioned rights are authentic and are protected in their every form, in all carriers and regarding all existing and created later technologies. No rights as well as no Site nor System content are committed to the User as a result of Site and System use or on the conclusion of the Agreement based on these Terms and Conditions.
To avoid any misunderstanding the User is prohibited to:
15. RESPONSIBILITIES OF THE PARTIES
In case the User violates the conditions of the present Agreement, the legislation of the Slovak Republik, morality norms or in case he/she conspires with another User to violate the conditions of the Agreement, the StockPoint will have the right to block or delete the User’s Account and Personal Account, prohibit or restrict their access to certain or all functions of the System using his/her Account and Personal Account.
The StockPoint is not responsible for the operability of the Site and/or the System and does not guarantee its continuous operation. The StockPoint does not guarantee the safety of the information published on the Site and/or in the System as well as does not guarantee the possibility of continuous access to the information about Orders and closed Deals, the possibility of Order placement and of making Deals.
The User uses the Site and the System in its original form at his/her own risk. The StockPoint does not guarantee the achievement of any results by the User owing to the Site and/or System use.
The StockPoint does not guarantee that the Site and the System satisfy the requirements of the User as well as does not guarantee continuous, fast, save and error-free access to the Site and/or the System.
16. SPECIAL CONDITIONS
The Site and the System can contain external links to other sites in the Internet network (third parties’ sites). The abovementioned third parties’ sites and their content are not checked by criteria of conformity with certain requirements (authenticity, completeness, legality, etc.). The StockPoint will not be liable for the information and the materials published on third parties’ sites, which the User can access via the Site and/or the System as well as does not assume any responsibility for expressed opinions or statements, advertising materials, the accessibility and possible consequences of use of third parties’ sites.
The StockPoint has the right to transfer rights and debts under all obligations derived from the use of the StockPoint Services. By accepting the present Terms and Conditions the User gives his/her consent on transferring rights and debts to any third party. In case of rights and/or debts are transferred, the StockPoint will inform the User about it leaving the corresponding message on the Site and/or in the System.
Given the specifics of transactions, StockPoint does not implement a chargeback policy.
Making a transaction, the User agrees and carries the entire risk on the transaction. The User cannot make any claims for the cancellation of the Transaction by StockPoint. StockPoint does not accept or process applications from anyone for the return and/or cancellation of an operation.
Neither StockPoint nor its affiliates make any specific promises about functioning of the Site and/or System. For example, StockPoint does not make any commitments about the content of the Site, the specific functions of the System, or their reliability, availability or ability to meet the User’s needs. StockPoint provides the Site and System "AS IS".
To the extent permitted by law StockPoint excludes all warranties, guarantees, conditions, representations, and undertakings.
18. LIMITATION OF LIABILITY
To the extent permitted by law neither StockPoint nor StockPoint’s affiliates, and StockPoint’s suppliers and distributors will be responsible for lost profits, revenues, financial losses, indirect, special, consequential, exemplary damages.
To the extent permitted by law the total amount of StockPoint liability, its affiliates, and StockPoint’s suppliers and distributors is limited to the amount you paid to StockPoint for all Services provided during 3 (three) months prior to the event giving rise to the liability.
StockPoint, its affiliates, and StockPoint’s suppliers and distributors will not be liable for any expense, loss or damage that is not reasonably foreseeable.
The User agrees to defend, indemnify and hold StockPoint, its affiliates and their respective employees, officers, directors and stockholders harmless from and against any and all damages claimed by a third party as a result of actions by User in violation of present Terms and Conditions. The User agrees to defend, indemnify and hold StockPoint, its affiliates and their respective employees, officers, directors and stockholders harmless from and against any and all damages for damages to property, bodily injury, death, or other injuries arising from the negligence or misconduct of the User or any person for whom User is legally responsible.
The party seeking indemnification in any case shall promptly give written notice to the other of the claim for which indemnification is sought and shall cooperate with the other party in the defense of such an action or suit. The failure to give or delay in giving any such notice shall not limit the indemnifying party's rights hereunder except to the extent it is prejudiced thereby. The indemnifying party shall have the right, at its expense, to direct any such legal proceeding and the negotiation and settlement of any such claim or demand. The indemnifying party shall have no liability for any settlement made without its consent or for any fees or expenses incurred by the other party after the indemnifying party begins directing the legal proceeding.
You hereby acknowledge and understand that We do not collect any taxes for any government authority in any form or manner and You further understand that it is your own responsibility to calculate and pay all applicable taxes applicable in your country of residence arising as a result of your trading activity on our Services. Notwithstanding the above and without derogating in any way from your sole, exclusive and personal obligation to pay taxes in your local jurisdiction, You unequivocally agree that We may withhold and deduct any taxes due under applicable law and regulations that may arise from the results of your activities on our system. All amounts extracted from your account are "gross amounts", from which We may deduct any such taxes if necessary under the applicable law. In such an event, You shall have no claim towards StockPoint with regard to any such deductions.
20.2. Governing Law & Jurisdiction.
20.2.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Slovak Republik notwithstanding any principles of conflicts of law. By using our Services You agree to recognize all electronic and magnetic data and documentation as admissible evidence when settling a dispute regarding any trades and investments.
20.2.2. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement based on the present Terms and Conditions by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
The Party in default on its obligations hereunder shall promptly cure the breach and take due measures to eliminate the consequences. Any dispute arising out of or in connection with the Agreement based on the present Terms and Conditions (including a dispute regarding the existence, validity or termination of this Agreement based on the present Terms and Conditions or the consequences of its nullity) shall be referred to and finally resolved by arbitration under the Arbitration Rules of the competent courts in Slovak Republik, that shall have sole and exclusive jurisdiction regarding any dispute or claim arising hereunder.
If any dispute occurs as to the performance or interpretation of the present Agreement and the present Terms and Conditions that cannot be resolved amicably or in arbitration the Company is entitled to demand the dispute be settled by the Court in location where the StockPoint resides.
The StockPoint and all legal relations concerning it are regulated by the legislation of the Slovak Republik without taking into account its conflict rules. All the arisen disputes are solved according to the legislation of the Slovak Republik.
20.3. Language of Terms and Conditions
StockPoint may elect to provide you with these Terms and Conditions and/or any other documentation, information and communications (“Communications”) in various languages. By accepting these Terms and Conditions (in any language) you acknowledge and accept that: (a) StockPoint's official language is English; and (b) in the event of any discrepancy or inconsistency between any Communication in English and the same in another language, the Communication in English shall exclusively prevail.
20.4. Means of communication
StockPoint reserves the right to communicate with you by email, electronic chats, online discussions, telephone, fax, post, newsletters issued by us and/or any other mean of communications, whether such communication is personally addressed to you or generally addressed to all our users. By accepting these Terms and Conditions you acknowledge and confirm that all such means of communications are deemed acceptable and any such communication so provided shall be deemed to have been received by You. You further hereby consent to your Account information and trade confirmations being available on the internet instead of having such information delivered to you by mail or email. You will be able to access account information through the trading platform using your Account credentials. We will display all of your account activity and you will be able to see reports of account. Posting of account information on your online Account will be deemed delivery of confirmation and account statements.
20.5. Termination of these Terms and Conditions
20.5.1. We reserve the right to terminate these Terms and Conditions and your account and registration (including your username and password) in the following cases:
- If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days notice (which may be provided by email, facsimile etc.);
- If We believe that You have breached any of the terms of these Terms and Conditions, immediately without notice;
- If your use of the Service has been in any way improper or breaches the spirit of these Terms and Conditions; or
- an issuance if an application, order, resolution or other announcement in relation to the bankruptcy or winding-up proceedings in which You are involved, immediately without notice;
- the death of the user, immediately without notice
20.5.2. You may terminate these Terms and Conditions and your account and registration (including your username and password) at any time by sending an email to such termination to take effect upon StockPoint terminating your account and registration (including username and password), which shall occur within 7 calendar days after receipt of your email on our servers, provided that You shall remain responsible for any activity on your account between sending Us an email and the termination of your account by Us.
If these Terms and Conditions are terminated for any reason due to suspected misconduct by the user, StockPoint reserves the right to withhold any funds in the account until the matter is resolved. Any decision made by StockPoint regarding the matter will be final.
If any part of these Terms and Conditions is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
20.7. Modifications to These Terms and Conditions
No provision of these Terms and Conditions can be amended by You, in any respect, except in writing by an officer of StockPoint that has been confirmed by StockPoint’s secretary, and in entering into these Terms and Conditions, You have not relied on, or been otherwise induced by, any matter not contained in such writing.
For the avoidance of doubt, our customer support department employees are not authorized to amend or to waive the terms of these Terms and Conditions in any respect.
20.8. Contact details and customer support services
With the exception to the cases defined by the Terms and Conditions and the current legislation, all the notifications, messages and documents related to the fulfillment of obligations arisen out of the Agreement should be sent to and are considered as received by the Parties if they have been sent via email from the authorized address of one Party to the authorized address of the other Party. An authorized address can be:
for the User: the email address indicated in the User Personal Account;
for the StockPoint: [email protected]
PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS