I. GENERAL TERMS

1.1. This document specifies the relationship between CryptoRocket (hereinafter called the “Company”) and each user (“Customer”) who has completed Registration Form on CryptoForex.com.
1.2. Terms of Use (vide section II “Terms of Use”) refers to Customers.
1.3. Please be aware that as a customer of CryptoRocket the Company will not provide you with a money account. You will be able only to deposit, withdraw and trade on Bitcoins.
1.4. Services covered by this Customer Agreement and Terms of Use are not addressed to:
• residents of the US (US Persons) within the meaning of Regulation S ( Regulation S ), which is an executive act to the US Securities Act of 1933 (US Securities Act 1933) and to persons stays in the United States and to persons who are residents of countries whose jurisdiction requires prior registration of issue of securities or information obligations of the Issuer, such as Canada or Japan.
• residents of Algeria, Cuba, Ecuador, Islamic Republic of Iran, Iraq, Myanmar and North Korea.
1.5. You should read the entire Terms of Use carefully before you use this website or any of the company services.
1.6. If you do not accept the Terms of Use and conditions outlined in this document, do not access this website and do not use this service.

II. TERMS OF USE

1. Introduction.
1.1. By using website www.CryptoRocket.com (Website), registering for an Account in the Company (“Bitcoin Account”), or using any of our other Bitcoin Services provided by the Company, the user is agreeing to accept and comply with the terms and conditions of use stated below and to gain a status of Customer.
1.2. Depending on the country of residence, Customer may not be able to use all the functions of the Website. It is Customers responsibility to follow those rules and laws in his or her country of residence and/or country from which Customers access this Website and Services. As long as Customers agree to and comply with these Terms of Use, The Company grants to Customers a personal, non-exclusive, non-transferable, non-sub licensable and limited right to enter and use the Website and the Service.
1.3. By opening an Account, Customer expressly represent and warrant:
(a) Customer have accepted these Terms; and
(b) Customer are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Bitcoins.
2. Risks in investing in Bitcoins
2.1. The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk.
2.2. Any currency – virtual or not – may be subject to large swings in value and may even become worthless.
2.3. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
2.4. Bitcoin trading also has special risks not generally shared with official currencies or goods or commodities in a market. The risks in investing in Bitcoins are specified in the Risk Disclosure available on this site.
3. Limited right of use
3.1. Unless otherwise specified, all Materials on this Website are the property of the Company and are protected by copyright, trademark and other applicable laws. All legal disclaimer are specified in Legal Notice.
4. Bitcoin Account
4.1. The Website is for Customers personal and non-commercial use only. The Company is vigilant in maintaining the security of the Website and the Service. By registering, Customer agrees to provide the Company with current email address.
4.2. Customer agrees that he or she will not use any Bitcoin Account other than his or her own, or access the Bitcoin Account of any other Customer at any time, or assist others in obtaining unauthorized access.
4.3. The creation or use of Bitcoin Accounts without obtaining the prior express permission from the Company will result in the immediate suspension of all said Bitcoin Accounts. Any attempt to do so or to assist others (Customers or otherwise), or the distribution
of instructions, software or tools for that purpose, will result in the Bitcoin Accounts of such Customers being terminated. Termination is not the exclusive remedy for such a violation, and the Company may elect to take further action.
4.4. Customer is responsible for maintaining the confidentiality of his or her Bitcoin Account information, including password, safeguarding own Bitcoin, and for all activity that are posted to Bitcoin Account. If there is suspicious activity related to Customer Bitcoin Account, the Company may, but is not obligated, to request additional information from Customer, including authenticating documents, and to freeze any transactions pending the Company’s review. Customer is obligated to comply with these security requests, or accept termination of Bitcoin Account.
4.5. Customer is required to notify the Company immediately of any unauthorized use of his or her Account or password, or any other breach of security by email addressed to support@CryptoRocket.com.
4.6. Any Customer who violates rules specified herein may be terminated, and thereafter held liable for losses incurred by the Company or any user of the Website.
4.7. Customer agrees that he or she will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
5. Termination of unverified Bitcoin Accounts
5.1. Customer may terminate this agreement with the Company, and close his or her Bitcoin Account at any time.
5.2. Customer also agrees that the Company may, by giving notice, in its sole discretion terminate Customer access to the Website and to his or her Bitcoin Account, including without limitation, the Company’s right to: limit, suspend or terminate the service and Customers’ Bitcoin Accounts, prohibit access to the Website and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Customers off the Website if the Company thinks that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Use.
5.3. The Company may, in appropriate circumstances and at its own discretion, suspend or terminate Bitcoin Accounts of Customers for any reason, including without limitation:
(i) attempts to gain unauthorized access to the Website or another Customer’s Bitcoin Account or providing assistance to others’ attempting to do so,
(ii) overcoming software security features limiting use of or protecting any content,
(iii) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
(iv) violations of these Terms of Use,
(v) acts of fraud,
(vi) unexpected operational difficulties, or
(vii) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by The Company, acting in its sole discretion.
5.4. Upon termination, Customers shall communicate a valid account to allow for the transfer of any Bitcoin credited to their Bitcoin Account. Said account shall be held by the Customer. The Company shall transfer Bitcoins as soon as possible following the Customer’s request in the time frames specified by The Company. The Company will send to Bitcoin Consumer the credit balance of his or her Bitcoin Account. The Company will use reasonable efforts to ensure that charges are disclosed to Customer prior to sending his or her payment, however where they cannot be avoided, Bitcoin Customer acknowledge that these charges cannot always be calculated in advance, and
that he or she agrees to be responsible for such charges.
6. Availability of Services
6.1. All services are provided without warranty of any kind, either express or implied. The Company does not represent that this Website will be available 100% of the time to meet the Customer needs. The Company will strive to provide Customer with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
6.2. The Company will use reasonable endeavors to ensure that the Website can normally be accessed by Customers in accordance with these Terms of Use. The Company may suspend use of the Website for maintenance and will make reasonable efforts to give notice to Customer. Customer acknowledge that this may not be possible in an emergency.
7. External websites
7.1. The Company makes no representations whatsoever about any outside or third party website which Customer may access through the Website. Occasionally, Website may provide references or links to other websites (“External Websites”). The Company does not control these External Websites third party sites or any of the content contained therein. Customer agrees that the Company is in no way responsible or liable for External Websites referenced or linked from the Website, including, but not limited to, Website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites.
7.2. Customer shall bear all risks associated with the use of Websites content.
7.3. External Websites have separate and independent terms of use and related policies. The Company request that Customer review the policies, rules, terms, and regulations of each site that he or she visits. It is up to him or she to take precautions to ensure that whatever he or she selects for his or her use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
8. Financial advice
8.1. For the avoidance of doubt the Company does not provide any investment advice in connection with the Services contemplated by these Terms of Use.
8.2. The Company may provide information on the price, range, volatility of Bitcoins and events that have affected the price of Bitcoins but this is not considered investment advice and should not be construed as such.
8.3. Any decision to purchase or sell Bitcoins is Customer decision and the Company will not be liable for any loss suffered.
9. Financial regulation
9.1. The Company’s business model, and our Service, in dealing with Bitcoins consists of facilitating the buying, selling and trading of Bitcoins and their use to purchase goods in an unregulated, international open payment system. The Services the Company provides are
currently unregulated.
9.2. All deposits and withdrawals will be carried out in Bitcoin.
10. Communication
10.1. E-mail messages sent over the Internet are not secure and The Company is not responsible for any damages incurred by the result of sending email messages over the Internet.
11. Disclosures to legal authorities and authorized financial institutions
11.1. The Company may share Customers Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:
• Required by law;
• Compelled by subpoena, court order, or other legal procedure;
• The Company believes that the disclosure is necessary to prevent physical harm or financial loss;
• Disclosure is necessary to report suspected illegal activity; or
• Disclosure is necessary to investigate violations of our Terms of Use or other Policies.
11.2. Processing Customer’ Personal Information is described in Privacy Notice.
12. Jurisdiction
12.1. This Terms of Use shall be governed by, and construed in accordance with the laws of St. Vincent and the Grenadines.
12.2. With respect to any proceedings, the Real Customer irrevocably:
• agrees that the courts of St. Vincent and the Grenadines shall have exclusive jurisdiction to determine any proceedings,
• submits to the jurisdiction of St. Vincent and the Grenadines courts,
• waives any objection which the Real Customer may have at any time to the bringing of any proceedings in any such court, and
• agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Real Customer.
13. Limitation of liability
13.1. To the extent permitted by law, The Company will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or willful deceit or fraud.
13.2. Nothing in these Terms of Use excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.
13.3. Subject to the foregoing, The Company’s aggregate liability in respect of claims based on events arising out of or in connection with any single Customer’s use of the Website and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Bitcoin Account for the Customer making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).
14. Indemnity
14.1. To the full extent permitted by applicable law, Customer hereby agree to indemnify The Company, and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from his or her
use of the Websites, his or her use of the Service, or from his or her violation of these Terms of Use.
15. Miscellaneous
15.1. If The Company becomes unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy the Company will not have any liability to
Customers with respect to the Services provided under this Terms of Use and for a time period coincident with the event.
16. Modification of Terms of Use
16.1. The Company reserves the right to change, add or remove portions of these Terms of Use, at any time, in an exercise of its sole discretion. Customer will be notified of any changes in advance through his or her Bitcoin Account. Upon such notification, it is his or
her responsibility to review the amended Terms of Use.
16.2. Customer continued use of the Website following the posting of a notice of changes to the Terms of Use signifies that he or she accepts and agrees to the changes, and that all subsequent Transactions by him or her will be subject to the amended Terms.
17. Definitions
• Bitcoin Account. The contractual arrangement wherein a Customer has accepted our Terms of Use and other policies and notices, and received approval to use the Services.
• Customers. Refers to any holder of an Account.
• Bitcoins. The Peer-to-Peer internet currency further described at http://bitcoin.org.
• Service(s). The technological platform, functional rules and market managed by The
Company to permit to perform CFD transactions.
• Website. Means website www.CryptoRocket.com

III. TERMS OF BUSINESS

1. Introduction
1.1. These Terms of Business govern all actions in respect of the execution of the Customer’s Instructions and Orders.
1.2. These Terms of Business specify:
a) the Company’s actions in respect of the Customer’s Open Positions in case the Margin Level on the Account is insufficient to support Open Positions;
b) the principles of placing and executing Orders;
c) the procedures of Dispute resolution; and
d) the methods of providing Confirmations to the Customer.
1.3. These Terms of Use and the Risk Disclosure shall govern all the Customer’s Transactions and should be read carefully by the Customer.
1.4. Unless otherwise defined, capitalized terms used in these Terms of Business shall have the meaning given to such terms in the Terms of Use.
1.5. These Terms of Business supersede any previous agreement, arrangement or understanding between the Company and the Customer as to the basis on which Services are provided to the Customer by the Company in respect of the Margin Trading via Terminal, or a third-party application connected to the Server.
2. Instructions
2.1. The Customer shall give Instructions via the Client Terminal.
2.2. The Company may decline an Instruction if the Customer’s Free Margin is less than the Margin required to open a position.
3. Rollovers
3.1. All Open Positions at 00:00 UTC are subject to rollover. These positions will be rolled over by debiting or crediting the Customer’s Trading Account with the amount calculated in accordance with the Rollover/Interest Policy Webpage.
4. Leverage
4.1. The Company shall review the Trading Account Equity on a regular basis. The Company is entitled to change the Leverage on the Customer’s Trading Account without prior notice to the Customer and with immediate effect in accordance with the standard terms specified on the Website.
4.2. The Company has the right to lower the Leverage for a particular Customer at any time and at its sole discretion.
5. Quotes
5.1. Where relevant, the Company may provide quotes via the Trading Platform. All quotes are indicative only, are current as at the time provided or displayed, and are provided for information purposes only but do not constitute an offer by the Company to buy or sell any product or Instrument at that price. All quotes are subject to volatility and market fluctuations.
5.2. The Company has the right to void any Transaction made at an Error Quote. The validity of a Quote is determined by the Company at its sole discretion.
5.3. The Company may, in its absolute discretion, but is under no obligation to, execute the Client’s requests and instructions outside of the normal trading hours specified for that particular Instrument.
5.4. Where relevant, the Company specifies Spread for each Instrument on its Website. The Company is entitled to change Spreads without prior notice to the Client.
5.5. While the Company takes into account the underlying asset price, the Client acknowledges that the Company is under no obligation to ensure that the CFD and Spread Betting quotes it provides are within any specific percentage of the underlying asset price. When the Underlying Market or exchange is closed, quotes provided by the Company will reflect what the Company believes to be the current Bid and Ask price of the relevant underlying asset price at that time. The Client acknowledges that quotes may be set by the Company in its absolute discretion.
6. Orders

Order Expiry Types

6.1. The Customer may specify the following expiry types as Order Expiry:
a) Good Till Cancel (GTC): Order remains active until either fully or partially executed or explicitly cancelled by the Customer. Unexecuted Order automatically expires after 180 calendar days beginning the date Order was placed.
b) Immediate or Cancel (IOC): the Company executes the Order at the current Quotes in accordance with clause 6 of these Terms of Business; any remaining portions not immediately executed are cancelled.
c) Good Till Date/Time (GTD): the Customer explicitly specifies the date and time at which an Order is to be expired if not already executed or cancelled; otherwise Order will be deleted after the 180th calendar day.
d) Fill or Kill (FOK): the Order is cancelled unless the Order can be executed in its entirety at the current Quotes in accordance with clause 6 of these Terms of Business (partial execution is not allowed).
e) Good For Seconds: the Order is valid for the specified number of seconds after it is received by the Server. Once the specified seconds have passed, if the Order has not been executed, it is automatically expired by the Server.

Market Order

6.2 To place a Market Order, the Customer shall specify the following parameters:
a) Instrument.
b) Maximum Order Quantity.
c) Order Side.
d) Minimum Order Quantity.
e) Order Expiry.
6.3. Once the Server receives a buy Market Order (a “buy” as the Order Side):
a) the Market Order is partially or fully executed at the current Asks (starting with the Ask with the lowest Rate), subject to the following conditions:
i. If the Ask’s minimum Transaction size is above the Maximum Order Quantity, the Order cannot be partially or fully executed at the Ask.
ii. If the Ask’s maximum Transaction size is below the Minimum Order Quantity, the Order cannot be partially or fully executed at the Ask.
iii. No more than the Ask’s maximum Transaction size can be executed at the Ask.
6.4. Once the Server receives a sell Market Order (a “sell” as the Order Side):
a) the Market Order is partially or fully executed at the current Bids (starting with the Bid with the highest Rate), subject to the following conditions:
i. If the Bid’s minimum Transaction size is above the Maximum Order Quantity, the Order cannot be partially or fully executed at the Bid.
ii. If the Bid’s maximum Transaction size is below the Minimum Order Quantity, the Order cannot be partially or fully executed at the Bid.
iii. No more than the Bid’s maximum Transaction size can be executed at the Bid.

Limit Order

6.5. To place a Limit Order, the Customer shall specify the following parameters:
a) Instrument
b) Maximum Order Quantity
c) Order Side
d) Minimum Order Quantity
e) Order Expiry
f) Order Limit Price
6.6. Once the Server receives a buy Limit Order (a “buy” as the Order Side) which Order Expiry type is not Fill or Kill:
a) the Limit Order is partially or fully executed at the current Asks with the Rates equal to or below the Order Limit Price (starting with the Ask with the lowest Rate), subject to the following conditions:
i. If the Ask’s minimum Transaction size is above the Maximum Order Quantity, the Order cannot be partially or fully executed at the Ask.
ii. If the Ask’s maximum Transaction size is below the Minimum Order Quantity, the Order cannot be partially or fully executed at the Ask.
iii. No more than the Ask’s maximum Transaction size can be executed at the Ask.
6.7. Once the Server receives a sell Limit Order (a “sell” as the Order Side) which Order Expiry type is not Fill or Kill:
a) the Limit Order is partially or fully executed at the current Bids with the Rates equal to or above the Order Limit Price (starting with the Bid with the highest Rate), subject to the following conditions:
i. If the Bid’s minimum Transaction size is above the Maximum Order Quantity, the Order cannot be partially or fully executed at the Bid.
ii. If the Bid’s maximum Transaction size is below the Minimum Order Quantity, the Order cannot be partially or fully executed at the Bid.
iii. No more than the Bid’s maximum Transaction size can be executed at the Bid.

Stop Loss Order

6.8. To place a Stop Loss Order, the Customer shall specify the following parameters:
a) Instrument.
b) Maximum Order Quantity.
c) Order Side.
d) Minimum Order Quantity.
e) Order Expiry.
f) Order Stop Price.
g) Order Stop Side.
6.9. A buy Stop Loss Order (a “buy” as the Order Side) which Order Stop Side is “Bid” becomes a buy Market Order when the Bid with the highest Rate becomes equal to or above the Order Stop Price.
6.10. A buy Stop Loss Order (a “buy” as the Order Side) which Order Stop Side is “Ask” becomes a buy Market Order when the Ask with the lowest Rate becomes equal to or above the Order Stop Price.
6.11. A sell Stop Loss Order (a “sell” as the Order Side) which Order Stop Side is “Bid” becomes a sell Market Order when the Bid with the highest Rate becomes equal to or below the Order Stop Price.
6.12. A sell Stop Loss Order (a “sell” as the Order Side) which Order Stop Side is “Ask” becomes a sell Market Order when the Ask with the lowest Rate becomes equal to or below the Order Stop Price.

Trailing Stop

6.13. To place a Trailing Stop, the Customer shall specify the following parameters:
a) Instrument.
b) Maximum Order Quantity.
c) Order Side.
d) Minimum Order Quantity.
e) Order Expiry.
f) Order Trail By.
g) Order Stop Side.
h) Order Limit Price (optional).
6.14. Once the Server receives a buy Trailing Stop (a “buy” as the Order Side), the Server:
a) Places a buy Stop Loss order (if Order Limit Price is not specified) or a buy Stop Limit Order (if Order Limit Price is specified) with the Order Stop Price at the current Bid with the highest Rate plus Trail By Pips (if Order Stop Side is “Bid”) or at the current Ask with the lowest Rate plus Trail By Pips (if Order Stop Side is “Ask”).
b) Constantly changes the Order Stop Price as defined in clause 6.30 (a) of these Terms of Business if the difference between the Order Stop Price and the current Bid with the highest Rate (if Order Stop Side is “Bid”) or the current Ask with the lowest Rate (if Order Stop Side is “Ask”) exceeds Trail By Pips.
6.15. Once the Server receives a sell Trailing Stop (a “sell” as the Order Side), the Server:
a) Places a sell Stop Loss order (if Order Limit Price is not specified) or a sell Stop Limit Order (if Order Limit Price is specified) with the Order Stop Price at the current Bid with the highest Rate minus Trail By Pips (if Order Stop Side is “Bid”) or at the current Ask with the lowest Rate minus Trail By Pips (if Order Stop Side is “Ask”).
b) Constantly changes the Order Stop Price if the difference between the Order Stop Price and the current Bid with the highest Rate (if Order Stop Side is “Bid”) or the current Ask with the lowest Rate (if Order Stop Side is “Ask”) exceeds Trail By Pips.
7. Insufficient Margin Level and liquidation of Open Position
7.1. The Company is entitled to close out any or all of the Customer’s Open Positions without the consent of the Customer or any prior notice if the Equity is less than 30% of the Margin.
7.2. Margin Level is monitored by the Server and subject to clause 7.1 the Server generates an instruction to close out any or all of the Customer’s Open Positions without prior consent of the Customer or any prior notice. The Open Positions will be closed out by the execution of relevant Market Orders.
7.3. If the actions described in clauses 7.1 and 7.2 of these Terms of Business have resulted in a negative Trading Account Equity, the Customer shall be liable for the loss and must make a payment of the full and total amount due immediately.
8. Disputes
8.1. Both the Company and the Customer have the right to initiate the process of Dispute resolution.
8.2. If any conflict situation arises when the Customer reasonably believes that the Company as a result of any action or failure to act breaches one or more terms of these Terms of Business, the Customer has the right to lodge a complaint with the Company as soon as reasonably practicable after the grievance has arisen.
8.3. Any complaint should be raised with our Client Services department and will be handled according to our complaints procedures.
8.4. A complaint shall include:
a) name and surname of the Customer (or company name if the Customer is a legal entity);
b) Customer’s login to the Trading Platform;
c) details of when the conflict first arose (date and time in UTC);
d) Order ticket;
e) description of the conflict situation supported by the reference to these Terms of Business.
8.5. The complaint must not include:
a) affective appraisal of the conflict situation;
b) offensive language;
c) uncontrolled vocabulary.
8.6. The Company has the right to refuse a complaint if any of clauses 8.2, 8.3, 8.4 or 8.5 have been breached.
8.7. The Server Log-File is the most reliable source of information in a case of any Dispute. The Server Log-File has the absolute priority over other arguments including the Client Terminal Log-File.
8.8. If the Server Log-File has not recorded the relevant information to which the Customer refers, the argument based on this reference may not be considered.
8.9. The Company may resolve all Disputes:
a) by crediting/debiting the Customer’s Trading Account;
b) by voiding Transactions; and/or
c) by cancelling Orders.
The Company has the right to choose the method of Dispute resolution at its sole discretion.
8.10. Disputes not mentioned in these Terms of Business are resolved in accordance with the common market practice and at the sole discretion of the Company.
8.11. The Company shall not be liable to the Customer if for any reason the Customer received less profit than had hoped for or incurred a loss as a result of uncompleted action which the Customer had intended to complete.
8.12. The Company shall not be liable to the Customer in respect of any indirect, consequential or non-financial damage (emotional distress etc.).
8.13. The Company shall consider any Customer’s complaint or Dispute and endeavour to investigate any Dispute or complaint as soon as reasonably practicable. All complaints will be considered within thirty Days from the day the complaint is received.
8.14. The Company shall take all necessary actions in accordance with clauses 8.9 (a), (b) and/or (c) as soon as reasonably practicable but in any case within one Business Day after the decision in respect of the Dispute is made.
8.15. If the Customer has been notified in advance by Trading Platform internal mail or some other way of routine construction on the Server, complaints made in respect of any unexecuted Instructions or Orders which are given during such construction period, are not
accepted. The fact that the Customer has not received a notice shall not constitute a reason to lodge a complaint.
8.16. No Customer complaints will be accepted in respect of the financial results of the deals made using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote or at
a Quote received as a result of a Manifest Error.
8.17. In respect of all Disputes any references by the Customer to the Quotes of other companies or information systems will not be taken into account.
8.18. No complaints are accepted if the Customer is not able to send an Instruction:
a) because of the poor Internet connection either on the side of the Customer or the Company or both; or
b) as a result of a Manifest Error; or
c) as a result of the failure of the Trading Platform software/hardware either on the side of the Customer or the Company or both.
8.19. If an Order has been cancelled by mistake:
a) because of the failure, malfunction or misuse of the Trading Platform software/hardware; or
b) because of the insufficient Free Margin required to make a Transaction as a result of an Error Quote in the Quotes Flow at which Unrealised P/L for the Open Positions have been calculated; or
c) because of the insufficient Free Margin required to make a Transaction as a result of a Dispute in respect of another Order, Open Position or Transaction, the Order will not be reinstated and no complaints in respect of this matter are accepted.
8.20. If an Order has been erroneously executed:
a) at an Error Quote; or
b) because of a Manifest Error; or
c) because of the failure, malfunction or misuse of the Trading Platform software, and the Company initiates a Dispute resolution in accordance with clause 8.1, the Company voids the Transaction. The Order will not be reinstated and no complaints in respect of this matter are accepted.
8.21. If:
a) the Company erroneously executes an Order at a price which differs from the price at which the Company should have executed it in accordance with clause 6; and
b) the Company initiates a Dispute resolution in accordance with clause 8.1, the Company debits/credits the Customer’s Trading Account with the difference between the value of executing a Transaction at the actual execution price and the value of executing a Transaction at the price at which the Order should have been executed in accordance with clause 6.
8.22. No complaints are accepted if an Order has not been executed:
a)at an Error Quote; or
b)because of the insufficient Free Margin required to make a Transaction as a result of a Dispute in respect of another Order, Open Position or Transaction (in this case the Order is automatically cancelled and will not be reinstated and no complaints in respect of this
matter will be accepted).
8.23. If the Server erroneously liquidates the Customer’s Open Positions in accordance with clause 7.1:
a) at an Error Quote; or
b) because the Company makes a Manifest Error and clause 7.1 is breached; or
c) because of malfunction or misuse of the Trading Platform software and clause 7.1 is breached; or
d) because clause 7.1 is breached as a result of an Error Quote in the Quotes Flow at which Unrealised P/L is calculated; or
e) because clause 7.1 is breached as a result of a Dispute in respect of another Order, Open Position or Transaction, and the Company initiates a Dispute resolution in accordance with clause 8.1, the Company will pay the Customer the difference between the value of closing
the Open Position at the actual close price and the value of closing the Open Position at the Quote which is not an Error Quote and is registered in the Quotes Flow at the moment the position is closed.
9. Confirmations and Trading Account Information
9.1. Following the execution of an Order on the Customer’s Trading Account, the Company will confirm that Transaction as soon as practicably possible by posting a Confirmation on the Client Terminal, however failure to do so will not affect the validity of the Transaction.
9.2. Confirmations shall be deemed to be conclusive and binding on the Customer.
9.3. The Company will post details of the Customer’s Trading Account activity on the Client Terminal and the Customer will be able to generate daily and monthly reports of the Trading Account activity as well as a report of each executed Transaction.
9.4. Updated Trading Account Information will be available no more than twenty-four hours after any activity takes place on the Customer’s Trading Account. Posting of Trading Account Information on the Client Terminal will be deemed delivery of Confirmations.
9.5. The Company may in its absolute discretion withdraw or amend any Trading Account Information at any time. The Trading Account Information posted on the Client Terminal shall (unless it is manifestly incorrect) be conclusive evidence of the Customer’s Transactions.
9.6. Unless otherwise agreed, the Customer agrees that the Company is under no obligation to provide Confirmations in hard copy or by email rather than on the Client Terminal.
10. Currency
10.1. The Company is entitled, without prior notice to the Client, to make any currency conversions which the Company considers necessary or desirable for the purposes of complying with its obligations or exercising its rights under the Operative Agreements or any Transaction. Any such conversion shall be effected by the Company in such manner and at such rates as the Company
may in its discretion determine, having regard to the prevailing rates for freely convertible currencies at that time.
10.2. All foreign currency exchange risk arising from any Transaction or from the compliance by the Company with its obligations or the exercise by it of its rights under the Operative Agreements will be borne by the Client.