The Company Marret Management Limited recommends the Client to read carefully the terms of this Customer Agreement before starting the work with the Company, since this document regulates the Company's relationship with the Client and establishes the principles of the Company's operation.
1.1. This Agreement is concluded between the Company MARRET MANAGEMENT LIMITED (hereinafter referred to as the Company) on the one hand and the Customer (individual or legal person), which was accepted by the Company as the Client, on the other hand.
1.2. The Client opens a trading account with the Company for the purpose of conducting operations in the OTC markets and hereby the Client accepts the terms of the present Customer Agreement, and also confirms that he is aware that this type of trading is associated with a high level of risk.
1.3. The company is registered in Hong Kong at SHOP 321, 3 / F, GOLDEN LEAGUE BUILDING, 76-82 CASTLE PEAK ROAD, KOWLOON, HONG KONG, at number 6 7 2 1 5 5 1 5 - 0 0 0 - 0 1 - 1 7 - 9.
1.4. The present Customer Agreement comes into force from the moment of its acceptance by the Client and is binding for its parties.
2. General provisions and commencement of the work of the Client with the Company
2.1. After receiving a trading account opening application from the Client, the Company opens a trading account for the Client and assigns it an individual number. 5355 1655 3738 7771
2.2. Prior to commencing the work on the trading account, the Client must provide the Company with all the necessary documents according to the KYC procedure, including, if necessary, the documents for the purposes of anti-money laundering and terrorist financing policies. The Company reserves the right to request any additional documents
2.3. The Company requests information about the relevant experience and knowledge of the Client in order to assess the acceptability of the service or product for the Client. The Company is not obliged to assess the acceptability of any service or product for the Client and / or inform him about it.
2.4. The Company reserves the right to reject a trading account opening application of the Client without explaining the reasons.
2.5. A third person cannot act on behalf of the Client, unless the parties have agreed otherwise in written.
2.6. The Client does not get ownership of any Underlying Instrument in the process or result of work with the Company.
2.7. The Company presumes that the information provided by the Client is true, accurate and complete.
2.8. Hereby the Client undertakes to notify the Company of any changes of the information provided to the Company.
2.9. In case if the Client wishes to appoint a Co-beneficiary of the trading account, such a Co-beneficiary shall pass the procedures described in clauses 2.2-2.3 of the present Agreement. After the Company's approval of the person (s) as a Co-beneficiary (Co-beneficiaries), all the Co-beneficiaries of the trading account form the notion “the Client”.
2.10. The Company reserves the right to reject a particular Co-beneficiary of the trading account without explaining the reasons.
2.11. The Client is responsible for non-disclosure of confidential information concerning his trading account to third parties.
2.12. The Company requests confidential information from the Client in order to receive orders from the Client.
2.13. The Client is liable for the possible losses, as well as for the payment of all commissions and fees that may arise in the course or in the result of trading or execution of instructions, given by the Client to the Company.
2.13. In case of a Co-beneficiary (Co-beneficiaries):
2.13.1. The Company has the right to accept orders and instructions from the Client or the Co-beneficiary of the trading account. The present clause does not limit the right of the Company to request confirmation from all Co-beneficiaries of the trading account;
2.13.2. The Company has the right to send the necessary notifications either to the Client or another Co-beneficiary of the trading account;
2.13.3. All the Co-Beneficiaries of the trading account bear joint and several liability for the correspondent trading account;
2.13.4. In case of death or disability of the Co-beneficiary (Co-beneficiaries ) of the trading account, the Company has the right to accept instructions and pay the balance to the surviving Co-beneficiary (Co-beneficiaries), and all the rights and obligations before the Company also pass to the surviving Co-beneficiary (Co-beneficiaries).
2.14. The currency of the Client's trading account is the US Dollar. In the case of trading in other currencies, open positions will be valued or converted into the currency of the trading account on the basis of the quotes provided and the Company shall not be liable for possible losses of the Customer as a result of such currency conversion.
2.15. The Client is responsible for monitoring of its open positions and activities carried out on his trading account.
2.16. The Company does not bear responsibility for any results on the Client's trading account.
3. Recommendations and Comments
3.1. The Client is solely responsible for any results on his trading account.
3.2. All comments that the Company may provide are for informative purposes and provided to help the Client to make an independent and measured decision.
3.3. The Company has the right to provide the Client with information in several ways, including through the website, by phone, e-mail and the Company is not responsible for the completeness and accuracy of such information, as well as for the results of its using or failure to use by the Client.
3.4. Any information can be deleted by the Company at any time without prior notice.
4. Trading Platform Provision
4.1. All rights to the platform are the property of the Company.
4.2. During the validity period of the present Agreement, the Customer uses a non-exclusive license for the trading platform, website and software of the Company.
4.3. If there are sufficient reasons, the Company has the right to suspend the platform for technical work at any time without prior notice.
4.4. The Company cannot guarantee uninterrupted access to the platform, as well as does not claim that the platform does not contain defects and errors.
4.5. In case of virus infection or damage to the Customer's electronic device when using the Company's systems, the Company is not responsible for such infection or damage.
4.6. The Client is not allowed to use software with artificial intelligence to analyze the Company's systems and / or the platform, as well as is to take any actions aimed to damage or remove the platform and / or the Company's system.
4.7. The Client shall take all the necessary actions to protect the platform, as well as other Company`s systems, from damage and / or virus infection.
5. Orders Execution
5.1. The Client may place orders directly on the Trading Platform or by telephone through the Voice Order of the Client to the Company.
5.2. The Company has the right to accept the order only at the current Company Price and during the Company's Trading Hours;
5.3. If the Company cannot execute the order or execute the order at the specified price, the Company seeks to execute the Customer's Order at the price, which is closest to the price indicated by the Customer.
5.4. The Company shall make all the necessary efforts to execute the order, however, the transfer or execution of the order may not always be performed because of the reasons out of the Company's control.
5.5. The Company has the right, at its discretion, to add, remove or suspend any financial instrument from the platform if necessary.
5.6. Orders are to be placed during the normal trading hours of the Company, on its Platform and / or on the web-site, with the changes, valid from time to time.
5.7. The Company quotes two prices: a higher price - Ask and a lower price - Bid, which form the notion “the Company's Price”.
5.8. The Company's spread is the difference between Ask and Bid prices, which is set by the Company.
5.9. Rollover is a commission for transferring an open trading position overnight.
6. Margin Requirements
6.1. The Client must maintain the initial margin and / or hedged margin within the limits determined by the Company at its sole discretion time to time under the terms of the contract for each type of CFD. If the Margin of the Client's Account is less than necessary for the transaction, the Company has the right to reject such a transaction. Marginal requirements must be fulfilled before the placement of the transaction and must be maintained as long as the position remains open.
6.2. The margin is calculated using the leverage, set for the Client`s Account by default. Nevertheless, the Client can send a request to the Company for changing the leverage and the Company reserves the right to satisfy or reject such an application.
6.3. In case of force majeure, the Company has the right to change margin requirements without prior notice to the Client. In this situation, the Company has the right to apply new margin requirements to new and open positions.
6.4. The Company reserves the right to change the way of the Margin calculating.
6.5. The Company has the right to close the open positions of the Client or limit their size and refuse to accept his order to open new positions in any of the following cases:
6.5.1. The Company believes that there are abnormal trading conditions.
6.5.2. The amount of the Client's collateral falls below the minimum required margin level.
6.5.3. The funds on the Client's account are insufficient to maintain an open position.
6.5.4. The Client did not fulfill the conditions of the margin-call.
6.6. In case if the margin level on the Trading Account reaches stop-out, the Client's positions close automatically.
7.1. The Company is not liable for unauthorized access by third parties during the transfer of data between the Parties via the Internet or other networks and means of communication.
7.2. The Client undertakes not to disclose his confidential access data to third parties and notify the Company if there is a reason to believe that such data may be disclosed to an unauthorized person so that the Company can take appropriate measures.
8. Restriction of Trade
8.1. The Company has the right to restrict the Client's access to conducting trading operations, without limitation, in the following cases:
8.1.1. Force Majeure;
8.1.2. Market destabilization;
8.1.3. Non-fulfillment of the Client's obligations before the Company;
8.1.4. Termination of the present Agreement;
8.1.5. Insufficient balance of the Client's trading account;
8.1.6. Decision of the court or the requirement of regulatory bodies;
8.1.7. For the period of inspections on the financing of terrorism and money laundering.
9. Deposits and Withdrawals
9.1. The Client may fund his trading account at any time during the term of this Agreement. The depositing method and currency shall be established by the Company from time to time. Detailed information on the available ways of depositing to the account is indicated on the website.
9.2. The Company has the right to request from the Client any documents with the purpose to confirm the source of origin of the deposited funds.
9.3. The Client can make an application for withdrawal of funds from the trading account through the Company's website.
9.4. Withdrawal request execution is the subject to the following conditions:
9.4.1. The free margin is sufficient to fulfill the relevant withdrawal request;
9.4.2. The Client has fulfilled his obligations before the Company;
9.4.3. The Client requested the withdrawal of funds to the same sources from which the deposit was made in the amount not exceeding the amount of the deposit. The amount exceeding the deposit amount is to be transferred to the bank account, which belongs to the Client;
9.4.4. Absence of force majeure circumstances;
9.4.5. Absence of the requirements of the regulatory body that prohibits the withdrawal request execution;
9.4.6. The withdrawal request contains complete and correct information.
9.5. The Company has the right to transfer funds to the Client's bank account, deducting any commissions for the bank transfer.
9.6. In case of erroneous crediting and / or writing-off of funds to/from the Client's trading account, the Company reserves the right to cancel such crediting and / or writing-off of funds, as well as to restore the history of the trading account, as if such crediting and / or writing-off of funds did not exist.
9.7. The Company accepts deposits and, accordingly, sends withdrawals, only from the bank account or to the bank account, belonging to the Client, and to the trading account with the Company, opened in the name of the Client.
10.1. The Company does not charge fees for deposits and withdrawals of the Clients. Nevertheless, the Client bears responsibility for possible commissions, which are be paid to the third parties.
11.1. The mistake is the omission or distortion of the information, which makes it clearly false and may contain an incorrect price, date, time or another mistake.
11.2. If an operation is based on a mistake, the Company has the right to:
11.2.1. Cancel the transaction and its results on the trading account;
11.2.2. Correct the operation as if the mistake had never exist.
11.3. The Company is not liable for losses and / or expenses that may arise in case of the error described in the present clause.
12. Default of Obligations
12.1. The following cases are considered to be default of obligations:
12.1.1. Non-fulfillment of the Client's obligations imposed on him under the present Agreement, as well as all additional agreements that are an integral part of this Agreement;
12.2.2. Insolvency of the Client;
12.2.3. Death of the Client (if the Client is an individual), and / or his incapacity;
12.2.4. Equity of the Client's trading account is less than the level of the used margin;
12.2.5. Use of non-normative methods of trading, such as, without limitation, scalping (opening and closing an operation for less than or equal to 119 seconds), pip-hunting (closing an operation to get profit in one pip), and using artificial intelligence;
12.2.6. Providing the Company with false, incomplete or inaccurate information;
12.2.7. Any amount to be paid in favor of the Company and not paid by the Client under the terms of this Agreement, including failure to comply with margin requirements;
12.2.8. The Company cannot contact the Client within a reasonable period time;
12.2.9. The Company did not receive, within a reasonable period of time, the information that, in the Company's opinion, is necessary for the fulfillment of this Agreement.
12.3. In case of default, and in case that the Company reasonably believes that a default event may occur, the Company has the right to:
12.3.1. Close all or any open position of the Client;
12.3.2. Change the size of the leverage on the Client's trading account;
12.3.3. Unilaterally terminate this Agreement without prior notice to the Client;
12.3.4. Demand immediate fulfillment of the Client's obligation before the Company;
12.3.5. Restrict the Client's trading access.
12.3.6. Submit a claim for damages incurred by the Company.
12.3.7. The Company has the right to cancel profits derived from the use of non-normative methods of trade and / or artificial intelligence.
13. Force Majeure
13.1. Force majeure is an irresistible force out of control of the parties to this Agreement and which does not depend on their will, as follows:
13.1.1. Strikes, labor conflicts, government measures and restrictions, decisions of the relevant authorities, etc.
13.1.2. Natural disasters and catastrophes, due to which the provision of services by the Company is not possible.
13.1.3. Wars, state of emergency, terrorist acts, and other events of a similar nature that, in the opinion of the Company, affect the normal functioning of the market.
13.1.4. The destabilization of the market, abnormal market conditions, suspension of trade, the liquidation or closure of any market, the introduction of restrictions, abnormal trading conditions.
13.1.5. Financial insolvency of the liquidity provider, financial institution, broker-intermediary, the head of the Company, exchange, clearing house, etc., which prevents the Company from fulfilling its obligations.
13.1.6. The failure or malfunction of networks and / or communication lines, which occurred not because of bad faith or malicious intent of the Company.
13.2. If, in the opinion of the Company, occurs the event, that may be qualified as force majeure, the Company has the right to:
13.2.1. Stop or suspend trading on the Client's trading account.
13.2.2. Change the Company's Trading Hours for all or some of the trading instruments and currencies;
13.2.3. Change the Company's Price and Spreads of the Company;
13.2.4. Close any transactions and / or cancel the order;
13.2.5. Change the leverage on the Client's account for both Open Positions and new Transactions;
13.2.6. Immediately request payment of the amounts, payable by the Client to the Company, including Margin;
13.2.7. Take or refuse from taking any measures that the Company considers reasonable and necessary for its protection and protection of its Clients in general.
13.3. The Company is not liable for any damage resulting from the failure to fulfill its obligations under this Agreement in the circumstances of force majeure.
14. Termination of the Agreement by the Client
14.1. The Client has the right to terminate this Agreement by notifying the Company in writing within 10 working days.
14.2. This Agreement remains valid until either the Client or the Company terminates this Agreement by giving written notice to another party.
14.3. This paragraph does not restrict the Company's right to terminate this Agreement without prior notification upon the occurrence of cases, stipulated by this Agreement.
15.1. If the Client wishes to send a complaint to the Company, he must notify the Company thereof as soon as reasonably possible.
15.2. The Company adheres to the Complaints Procedure, which provides timely and impartial review of complaints. Detailed information about this procedure is provided upon request by the Customer Support Department.
16. Intellectual Property
16.1. The Trading Platform, website, software, documentation and other information, data and materials that the Company may provide to the Client directly or through third-party service providers are the property of the Company or third-party service providers. This Agreement does not transfer to the Client the property rights to the Platform, but only the right to use it in accordance with the terms of this Agreement. The Client has no right to modify, publish, transmit to third parties, distribute or otherwise reproduce for commercial purposes the information provided to him by the Company, in whole or in part without the written consent of the Company.
16.2. All copyrights, trademarks, industrial property rights and other intellectual property are the property of the Company (or third parties that provide services or licenses, as appropriate).
16.3. The Client has the right to access the Company's materials only in the manner stipulated by the present Agreement.
16.4. The Client shall not hide or remove copyright notices, trademarks or any other notices from the intellectual property of the Company, the web-site or the Platform.
16.5. The Client shall immediately notify the Company of any unauthorized use of any materials of the Company, and to assist the Company in the resolving of such a violation.
17.1. If the Company provides information, recommendations, news, information, comments on the market and / or research results to the Client (via the website, in e-mails or otherwise), the Company shall not be liable for any losses, costs, expenses or damages, suffered by the Client due to inaccuracy or error of the information provided.
17.2. If the Company, its directors, employees, affiliates or agents suffer damage, costs, expenses, or in case of a claim in connection with the performance or as a result of the execution of this Agreement, the Client is obliged to compensate such a damage to the Company, provided that the Company, its directors, employees, affiliates or agents are not responsible for that.
17.3. The Company shall bear no responsibility before the Client for:
17.3.1. Direct or indirect losses, damages, lost profits, missed opportunities;
17.3.2. The costs that the Client may incur in the course or as a result of the execution of this Agreement;
17.3.3. Events outside the control of the Company;
17.3.4 Non-fulfillment of obligations by a third party;
17.3.5. Actions taken by the Company in the event of an error (Article 11), force majeure or actions taken by the Company in case the Client does not fulfill its obligations before the Company.
17.3.6. Interruption of the communication (for any reason), including, but not limited to, the inability to use the website (including the trading platform) or the telephone system of the Company;
17.4. The Company does not guarantee protection against the risks associated with working in over-the-counter markets, as well as risks that may arise in the process or result of the work.
18.1. The Company may supplement or replace any article or part of the present Agreement in whole or in part, inter alia:
18.1.1. In order to make the provisions more understandable or favorable for the Client.
18.1.2. In order to display changes in the applicable law.
18.2. If the Client does not agree with the changes, he shall notify the Company thereof within 5 days from the date these changes come into effect. If the Client does not send such a notification, it is considered that such changes were accepted by the Client. If the Client sends a notice of his disagreement with such changes, the Company has the right to request the Client to close its Account.
18.3. Amendments to the present Customer Agreement are applied (including open positions and pending orders) from the date of their entry into force (which is set by the Company).
19. Termination of the Agreement
19.1. The parties may terminate the present Agreement by giving a written notice to the other party within 10 working days.
19.2. In case if the termination of this Agreement is an initiative of the Client, the Client must notify the Company in accordance with clause 19.1., close open positions, cancel pending orders and fulfill all obligations to the Company.
19.3. The termination of this Agreement does not invalidate the rights and obligations that arise from this Agreement.
19.4. This clause 19 does not limit the Company's right to terminate this Agreement without prior notice upon the occurrence of the events stipulated by this Agreement.
20. Dormant Account
20.1. In case if within 1 month there were no trading transactions on the trading account, such trading account is defined as "dormant". The Company has the right to charge a monthly commission from such an account in the amount of $ 99, starting from 1 (the first) month after recognizing the account as "dormant".
21. Applicable Law
21.1. The present Customer Agreement and the relationship between the parties under this Agreement are governed by and interpreted in accordance with the laws of Hong Kong.
1. The Company shall take all the necessary measures to protect the personal data that the Client provides to the Company according to the Customer Agreement, concluded between the Client and the Company and for the purposes of implementing the Client Agreement, improving the Company's services, conducting internal inspections of the Company, and, if necessary, for the purposes of combating money laundering and terrorism financing.
2. The Company shall not transfer the Client's personal information to third parties; nevertheless, hereby the Client agrees that the Company has the right to disclose such information in the following cases:
2.1. According to the requirements of the applicable legislation;
2.2. According to the decision of the competent court;
2.3. To the competent authorities in order to prevent fraud, money laundering or other illegal activities;
2.4. To the service providers that create and / or maintain databases, record keeping services, e-mail messaging services, messaging services or similar services that are designed to assist the Company in collecting, storing, processing and using the Client's information;
2.5. To call centers for market research to improve the quality of the Company's services. In the case described in this clause only the contact details of the Client may be provided;
2.6. In order to protect the legitimate rights and interests of the Company in court, tribunal, arbitration, etc .;
2.7. To the branches of the Company or another company, which is the part of the group of the Company.
3. Hereby the Client agrees that the Company has the right to contact him by e-mail, phone or mail for the purposes of fulfilling of the Customer Agreement, as well as for providing the Client with the information about the Company's products and services.
4. Hereby the Client agrees that the Company has the right to store the history of correspondence with the Client, as well as the records of the Company's telephone conversations with the Client. Hereby the Client agrees that such records are the property of the Company and can be used by the Company, inter alia, in case of a dispute between the Client and the Company, as well as for educational purposes and for improving the Company's services.
5. The Company stores the Client's information on the protected servers and follows the established procedures of storing and using the Client's information. The terms of storage are determined taking into account the type of the information and the circumstances of the specific situation.
6. The Company makes all reasonable efforts to protect the Client's data, however, hereby the Client confirms that he is aware that the use of the Internet cannot be completely safe, and the Company does not guarantee the security or integrity of any personal data of the Client, which was transmitted by the Internet.
7. Hereby the Client agrees that the Company has the right to save the history of correspondence with the Client, to save electronic messages and e-mail messages sent by the Company or to the Company. All such records are the property of the Company and may be used by the Company, inter alia, in case of a dispute between the Client and the Company or for educational purposes. Telephone conversations between the Client and the Company can be recorded and stored in the Company. The Client hereby declares that these records are the property of the Company and recognizes that such records constitute irrefutable evidence of the orders or the conversations, recorded in this way.
1. The present document Risk Disclosure describes the risks associated with trading on the OTC markets, but does not contain an exhaustive list of such risks.
2. In case if the Company transfers the Client's funds to a third party: a bank, an intermediary agent, etc. for the purpose of withholding, management, etc., the Company shall not be liable for the actions of such third party.
3. Hereby the Client confirms that he is aware that the Company is not liable for any losses caused by a malfunction of the equipment, software, communication lines, servers, Internet malfunctions, as well as for restriction of the connections to the Platform, for example, at the moment of release of macroeconomic indicators at an excessive transactions flow.
4. Hereby the Client confirms that the Company is not liable for possible financial losses caused by non-receipt of information from the Company or delay in obtaining information.
5. The Company shall not be liable for any losses incurred as a result of malfunction, violation or delay in the performance of its obligations under the Customer Agreement, if such failure, violation or delay is caused by a situation of force majeure.
6. In abnormal market conditions, the period during which the orders are executed may be extended, or the execution of orders may not be possible, including their execution at the declared prices.
7. Trading in derivative financial instruments is associated to a high level of risks, therefore, before starting work, the Client needs to make sure that he understands such risks and that he may suffer losses or lose invested funds, as well as that he has sufficient knowledge of trading on derivative financial instruments.
8. The Company does not provide the Client any recommendations regarding CFDs, underlying assets and markets as well as does not provide any investment recommendations. Thus if the Client is not aware of possible risks, he should seek an advice of an independent financial adviser.
9. Conducting operations with leverage means conducting operations with the amount of the initial margin, which is significantly less than the value of the foreign exchange contract or derivative contract. In this case, a relatively small movement of the market has a great influence on the Client's funds, and the Client can receive high profit or suffer significant losses.
10. The orders, intended to limit losses do not guarantee the absence of losses or their limitation to a specific limit.
11. The prices of derivative financial instruments may change fast, which may make it impossible to execute the Client's order at the declared price and, consequently, cause losses. Hereby the Client agrees that regardless of the information that may be offered by the Company, the value of derivative financial instruments may vary.
12. The Company does not provide the Client the advice regarding the advantages and disadvantages of a transaction and does not provide him with investment advisory services. The Client makes transactions and takes correspondent decisions based on his own judgment and at his sole discretion. Contacting the Company in order to conclude any transaction, the Client confirms that he is fully responsible for the implementation of his own independent decision and investigation of possible transaction risks.
13. The Company, if necessary and at its own discretion, may provide the Client with information, news, comments regarding the market or other information, and the Company is not responsible for such information and does not guarantee the accuracy and completeness of such information. This information is provided to enable the Client to make his own investment decision.
Use of the Website
1. All images, materials and information on the website of the Company are the property of the Company, unless otherwise provided.
2. Information on the Company's website can be changed at any time without prior notice.
3. The Company does not guarantee the accuracy, timeliness and completeness of the information posted on the Company's website.
4. The Company is not responsible for the information from other resources, links to which are published on the Company's website, as well as for damages, losses and expenses that may arise in connection with using such resources.
5. Cookies are used to access the Company's website. Cookies do not contain personal information and are not used to identify the user. The Client can disable cookies, however, access to some parts of the Company's website may not be possible in this case.
6. Hereby the Client agrees that the Company has the right to process personal data of the Client for the implementation of the legal relationship of the Client with the Company.
7. The Company has the right to suspend the use of the website for the purpose of carrying out preventive works, repairing works, updating the information or other technical works.
8. The Company shall make reasonable efforts to protect the website from malicious programs. The Client is recommended to use his own modern protection against malicious code of good quality. In addition, the Client agrees not to upload malicious programs to the Company's Trading Platform or to any other component parts of the Company's website.
9. Client bears responsibility for ensuring compliance of the Client's information technologies with the Company's technologies, as well as for their compliance with the minimum system requirements that can be changed and supplemented as necessary.