This Agreement is executed between you (hereinafter “the Client”) and Chemmi Holdings Limited, (company number 9870892) Address:20-22 Wenlock Road, London, England, N1 7GU, United Kingdom (hereinafter “the Company”).
It is important that prior to opening an account with BinaryTilt that you review these Terms and Conditions carefully before registering and installing the BinaryTilt trading platform.
1. Introduction – About Us
Chemmi Holdings is a United Kingdom registered company which provides an investment trading platform at www.binarytilt.com. (“we”, “us”, “our”, “ours” and “ourselves” as appropriate). BinaryTilt is owned and operated by Chemmi Holdings (company number: 9870892) located at:20-22 Wenlock Road, London, England, N1 7GU, United Kingdom.
2.1 This Agreement will govern all Transactions entered into between us and the customer (“you”, “your”, “yours” and “yourself” as appropriate). You should read this Agreement carefully, including the contract details and ancillary documents, any applicable product module together with any other documents that we have supplied or in the future do supply to you.
2.2 Nothing in this Agreement will exclude or restrict any duty or liability owed by us to you under the Governing Legislation and if there is any conflict between this Agreement and the Governing Legislation, the Governing Legislation will prevail.
2.3 This Agreement will come into effect on the date we open your account, and, for any new versions thereafter, on the date we notify you.
2.4 In this Agreement certain words and expressions have the meanings set out in Term 3.
The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:
“Agreement” means these general Terms and Conditions together with all schedules attachments or other documents attached or referred to herein;
“Binary Option” shall mean an option, which offers a pre-determined fixed return at the beginning of the Contract;
“Business Day” This is the start and end of the working day. Beginning at 00:00 and ending at 23:59 GMT;
“Contract Price” means the rates offered by the System and based upon “indicative” rates provided by various financial information systems as the current updated rates for the applicable financial market contracts;
“Closing” shall mean a reversed Transaction aimed to close an open position such as the sale of a financial contract previously purchased and vice versa with a sum or at a quantity identical to the initial Transaction on the same Business Day;
“Collateral” shall mean the deposit by you with the Company after the deduction of losses, deduction of funds withdrawn by yourself, plus profits earned from the Transactions;
“Expiration” shall mean the date and time at which the financial contract is no longer active;
“Financial Contract” or “Contract” shall mean a contract to purchase Binary Options or Digital Options or any other financial offering that the Company may offer by the System from time to time to its customers;
“Markets” shall mean the international financial, commodities, and other applicable markets where contract rates are being fixed upon other markets where various financial assets are traded;
“Payout” shall mean the amount you will receive at the expiry of the option of the contract when you are in-the-money; this figure is predetermined at time of initial execution of trade
“Platform” is defined as the online/web trading application, available at www.binarytilt.com that allows you to trade Binary options;
“System” or “Software” is an electronic system designed to facilitate trading in Financial Contracts via the Internet using the BinaryTilt platform as defined above subject to all terms of this Agreement and the terms of the Trading Manual (as defined below), which conforms an integral part of the Agreement;
“Transaction” shall mean the fixed price purchase/sale of a Financial Contract;
“Trading Manual” shall mean the manual detailing the procedures and terms for the performance and execution of Transactions;
“Website” is defined as www.binarytilt.com
4. Client Eligibility
4.1 a) Those individuals and companies who are eligible to form legally binding contracts under the applicable laws of their country of residence can use the Company’s services.
b) The Company’s services are not available to persons under the age of 18 or those of an age where they are considered minors and unable to enter into a legally binding contract.
4.2 Minors are ineligible to use the Company’s services. As such, the company shall not be responsible for any unauthorized use of its services, including by Minors or those considered ineligible in their country of residence.
4.3 The Company’s services are not available to persons residing in, or citizens of the United States of America.
4.4 BinaryTilt uses several banks to process customer deposit transactions. BinaryTilt cannot accept French and Turkish based customers.
4.5 The services provided are also only available to individuals who have sufficient experience in similar financial matters and knowledge and understanding of both the merits and risks inherent in the services provided. Furthermore, individuals may only use the Company’s services if they have the requisite knowledge not to rely on any information contained in this site.
4.6 The Company, however, is under no obligation to assess, verify or check that the Client has the requisite knowledge and understanding and shall not be liable for any losses incurred.
4.7 The Company also is not responsible for the accuracy of information published on its website either by the Company or information provided by others. Therefore, each published piece of information should be treated as unfounded and unsupported information in regards to its use in managing Transactions and activities.
4.8 Any information utilized by the client will and must be considered as independently checked by that person and confirmed through independent information sources before engaging in any activities and Transactions on the website.
IF YOU DO NOT HAVE THE REQUISITE KNOWLEDGE TO EXECUTE TRANSACTIONS OR IF YOU HAVE NOT PERSONALLY ASSESSED DATA ON WHICH TO BASE THESE TRANSACTIONS, PLEASE REFRAIN FROM USING OUR WEBSITE OR SYSTEM.
5. The Account
5.1 Upon confirmation of this Agreement the Company shall create an account based on the information that you provided. The account will be created in the System under your name and ownership.
5.2 All information provided must be complete, true and accurate. In the case of providing misleading information it may be regarded as an offence and will result in the immediate cessation of activities in your account and immediate account closure.
5.3 This agreement acknowledges that after completion of the identification process by the Company, it may result in you being reported as the beneficiary in the account held by the financial institution with which the Company deposits the Collateral funds.
5.4 The Collateral funds referred to in 5.3 will amount to the sum of your credit balance recorded in the system from time to time. It is for this reason that may result in the transfer of identification details provided by yourself.
5.5 By accepting all of the Terms and Conditions of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to conduct activities and orders in agreement with your directions or according to directions delivered by your duly approved agent(s) in writing and/or verbally, in accordance with privileges granted to the Company according to this Agreement and/or for the provision of Services.
5.6 In accepting these Terms and Conditions you agree to empower the Company, in the absence of written notice received from you by the Company contrary to this, to carry out order and activities according to the instructions received by the Company from duly authorized agents, either in writing or verbally, in line with the provision of services and powers granted to the company under this agreement.
5.7 The execution of Transactions is subject to the provision of deposit collateral by you. This collateral is an integral aspect in allowing the commencement of purchasing activities and the Company will not allow you to execute any Transaction without the requisite level of deposit.
5.8 In the event that the Company allowed you to trade but the requisite collateral was not in place the Company will have the right to deduct from any profits gained the amount, which would have otherwise been deposited before the trade had been placed.
5.9 Funds deposited with the Company can be deposited by the Company to any financial institution and may make up collateral for the Company’s Transactions.
5.10 If a Transaction is executed but sufficient deposit collateral does not exist for any reason the Company maintains the right to decrease your exposure in line with the available collateral in your account or claim payment from you in circumstances where collateral does not exist and a deficiency exists within the account, which was not covered by any existing collateral.
5.11 Further to this, the Company has no obligation to decrease your exposure should you execute a trade without sufficient collateral to cover the losses. The Company cannot be held responsible in this situation for any losses incurred as a result of the client failing to reduce exposure.
5.12 The Company may occasionally, at its sole discretion, amend the terms governing the use of the System including the scope of its services and the requisite level of collateral demanded for Transactions to be undertaken.
These changes may occur without prior notice but will only affect Transactions executed in the future and therefore cannot be applied retrospectively to prior Transactions.
5.13 Every client will be provided a unique and confidential identification code (hereafter the ‘password’) to be used by the client to access and operate their account via the Internet. It is the personal responsibility of the client to ensure that this password and their username is safeguarded and under these Terms and Conditions you hereby agree that you will not hold the Company liable for any unauthorized use of the account.
5.14 All purchasing of financial contracts through the System must be in accordance with the latest version of Terms and Conditions available on the website. The Company reserves the right to change, cancel or amend any part of the Terms and Conditions and these will come into effect from the date of the amendment and the time that they are inserted into the website.
5.15 Confirmation of the purchase of a financial contract occurs when the financial contract has been customized, the premium has been calculated and payment has been verified and processed.
6. Our Warrants and Undertakings
6.1 BinaryTilt undertakes it has the required skills and knowledge to provide the service
6.2 In no circumstances shall the Company or, anyone acting on its behalf, act as agent/trustee or broker for you when executing the Transaction.
6.3 The Company shall never act to provide any form of financial advice to any of its clients and none of the information published on the website is to be considered as financial advice in any form.
We will carry out dealings with you on an execution-only basis. You agree that, unless otherwise provided in this Agreement, we are under no obligation:
(a) To satisfy ourselves as to the suitability of any Transaction for you;
(b) To monitor or advise you on the status of any Transaction;
(c) To make Margin calls; or
(d) To close any Transaction that you have opened.
6.4 The Company may provide from time to time, strictly for independent research purposes, links to another website in communications or through the website. These links shall not be considered in any way endorsement, authorization, sponsorship or affiliation with respect to such websites, its owners or its providers.
Furthermore, any newsletter or communications received from the Company relating to its services or financial markets is not intended, and should not be used, as financial or investment advice to the Company’s clients.
6.5 The Company cannot accept any responsibility for the accuracy of this information or the comprehensiveness of this. It is the sole responsibility of the client to establish the accuracy of any information provided by the Company through independent research prior to making any investment decisions.
6.6 The Company shall not be held responsible or liable in any way for any claims, suits, losses, expenses, and damages etc., which have been incurred due to a reliance on any information provided by the Company.
6.7 Maximum losses which can be incurred through the purchase of financial products through the System is the level of collateral paid to the company and/or the level of collateral in your account which has been used to purchase the financial contract.
6.8 The Company will not provide markets between or among clients for investments, securities and derivatives of speculation purposes.
Therefore, each financial contract purchased by you will be an independent agreement between you and the Company and as such cannot in any way be transferred or negotiated or assigned between you and any third party.
7. Our Rights
The Company’s rights in regards to your account: The Company reserves the right of suspension of the operation of the website or any of its section in the following circumstances:
7.1 If situations arise which are out of the control of the Company and which may materially or adversely affect or prejudice the interests of the Company or affect the accurate reporting of prices. These may include, but are not exclusively related to, political, economic, military or monetary events. It may also be as a result of unusual market volatility or illiquidity.
7.2 When a communication failure means that prices cannot be determined in the same way as is normally employed by the Company. The interruption may cause a failure or breakdown in ascertaining accurate price and value of financial contracts. This may include but not limited to the failure of the server.
7.3 If the Company has reason to believe or suspect that the System has been abused, compromised or manipulated in relation to a particular contract.
The company reserves the right in such situations to close out any open positions that you may have open as a reasonable response to such claims. It exercises this sole discretion and no claims can be made against the Company in such situations in connection to the closure of positions deemed to be a violation of these Terms and Conditions.
In cases of abuse and manipulation of the system, the Company may at its sole discretion take any measure it deems fit and appropriate under the said circumstances.
7.4 The Company at any time reserves the right to set control limits in relation to clients’ orders at its own discretion. Such limits may be amended, removed or added without limitation-:
a) controls over maximum order amount and size; and
b) controls over the platform to verify the clients identity during receipt of the order.
8. Client Warrants and Undertakings
8.1 All personal information provided to the company at the time of registration and beyond is truthful and accurate, including that you are over the age of 18 and of an age deemed legal under the laws of your country of residence in purchasing financial products. You agree to be legally bound by the Terms and Conditions herein.
8.2 You agree that you are an investor with the knowledge and understanding of the inherent risks attached to such activities. You also agree that you have the appropriate knowledge base and experience to undertake the Transaction and operation of such financial instruments.
8.3 You shall be the sole owner and beneficiary of the account and only you are authorized to place trades and operate the trading account.
8.4 You understand and accept that the Company is bound and operates under the laws of the United Kingdom, and as such the Company cannot be held responsible for your actions and activities, which are your own responsibility. The applications of local laws in force in your place of residence are your sole responsibility to be adhered to and the Company cannot be liable for any activities contravening these.
8.5 You also have an understanding of the global regulatory laws throughout the world and your compliance with these and those of your country of residence are your sole responsibility in relation to the use of the Company’s website. The use of the Company’s website or System in your place of residence should not be assumed to represent the legality of the activities or the concurrence with any laws, regulations or directives in your country of residence.
8.6 This agreement hereby confirms that you are, after independent enquiry, eligible and legally able to use the Company’s services and the System in your country of residence. The services cannot be used where they may be considered illegal. The Company reserves the exclusive right to cancel or suspend its services to you if, in its opinion and in certain events, it believes that you may be performing activities which are not regulated by your country of residence or which may be considered a contravention of existing regulations.
8.7 You agree that all funds deposited and used in the purchase of contracts are of legitimate origins. This excludes funds which are originating from the proceeds of criminal activity, including but not limited to, earnings of drugs trafficking or Transactions in other banned substances or earnings of illegal weapons trades, illegal gaming, prostitution, funding of terror, etc.
8.8 You further agree to operate your trading account in a transparent and honest manner. This means that all trades are executed with no inside information, collusion, trader association or any form of manipulation. Any indication of this, or other deceitful or fraudulent activity, intentional or otherwise, will give BinaryTilt the sole discretion to suspend and/or terminate the agreement and/or nullify the account and any or all profits, losses or bonuses.
8.9 You are aware of all risks and potential losses involved in executing Transactions of the financial services offered by the Company. You also agree that you have an understanding of the Risk Factors Disclosure Appendix at the foot of this page, which forms a central part of this agreement.
8.10 You agree that you are entirely liable for all Transactions that occur in your account. This includes all orders executed in your account be it by yourself, a member of you family or a third party gaining access to your account.
8.11 You agree that no persons related to the Company are liable for the outcomes or consequences of such actions or orders. You have sole liability for the activity of your account and any positions entered into using this.
8.12 You agree that the company has no liability in relation to any Transactions or any losses incurred through the execution of positions or for the use of your credit card on Transactions entered into on the website.
8.13 Any positions executed cannot reflect any failure of the company, directly or indirectly, to perform or settle such Transaction. You also have the explicit responsibility of making sure that your account is used responsibly and that no juveniles/minors are allowed access to the system or to trading.
8.14 You agree and understand that the company does not provide any technical equipment whatsoever and is not an internet service provider. It therefore cannot be held liable for any failure or breakdown in communications due to technical failure of equipment or services not provided by the company. This applies to all internet, software or physical equipment malfunction which may result in a communication failure which may include, but is not limited exclusively to, the delay in processing orders as a result of technical problems not directly associated with the Company’s software or technical provision of services.
8.15 You also agree that the Company shall not be liable in any way to you in the event of damage, failure, or destruction of your computer system, records, data or any portion thereof, or for postponements, losses, mistakes or omissions that result from the failure or mishandling of any communications or computer apparatus or software. Furthermore, you must not expose or transmit potentially harmful or inappropriate material to the Company, whether directly or indirectly, which may include viruses as a result of not maintaining satisfactory levels of protection on your own computer system.
8.16 You agree that the Company does not guarantee, offer or warrant access to the Company’s website at times or locations of your choosing. The Company cannot guarantee access to its website in all geographic locations nor does it guarantee a fully operational and uninterrupted service in relation to the Internet connection. You hereby further recognize and confirm that the Company will not be held responsible for any impossibility to implement orders and requirements due to failure in the process of information systems caused by errors, of any kind whatsoever.
8.17 All pertinent taxes, governmental fees, levies and charges related to the activities of your account shall be declared by you to the appropriate authorities in your country of residence. You shall forego any claims against the Company in this respect.
8.18 The Company reserves the right to refuse or suspend doing business with you if it considers that your activities contravene money-laundering regulations. The Company employs best-practice procedures to prevent money laundering, which can affect you and operate as a central part of your agreement to these Terms and Conditions and in the registration process.
8.19 Processes related to Anti-Money Laundering safeguards may affect customers in the following ways:
a) You must provide all requested information that establishes your identity when filling in the form to open an account.
b) Trading accounts must not be funded using third party funds.
c) Earnings may only be paid to the person who initiated and established the account and to a bank account that is in the same name, meaning not to an account owned by a third party.
d) When an account is maintained by means of deposits made by telegraph, winnings are only paid to the person who holds the original bank account and ensuring that the account number and name are included with all transfers is your responsibility.
e) When an account is maintained by credit or debit card deposits, earnings are paid to the exact same card up to the value of the collateral that had been deposited. Additional winnings will be transferred electronically and subject to all previously described conditions.
f) A maximum of one account per individual is allowed.
g) No earnings may be claimed on accounts that were opened under false names, or if multiple accounts have been opened by one individual.
h) The Company may, from time to time, at its sole discretion, oblige you to deliver proof of identity (for example, a notarized copy of your passport or other forms of identity verification as the Company deems may be required according to the circumstances) and may suspend an account until said proof is provided to its approval.
8.20 You have read this Agreement in its entirety, including appendices, and have understood all content and all implications, including the possibility of loss of all your Collateral, before accepting its terms.
8.21 You agree to reasonably communicate the Terms and Conditions of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their adherence with such Terms and Conditions.
8.22 This Agreement explicitly maintains that the Company and the use of the companies services, including the use of the Website, the author and any other entities associated with the Website cannot be held liable or accountable whatsoever from damages and loss incurred by you as a result of the use of the Company´s services, including the interpretation of information, signals, communications, manuals, instructions, alerts and advisory directives etc. provided to you by the Company in relation to the use and understanding of such information.
8.23 You agree that by using the Company’s Website and the services offered by the Company, you assume all risk and liability for your actions and results arising from these.
8.24 You agree that the Company will not provide any guarantees of results, outcomes in relation to past or future performance. You understand that past performance is in no way an indicator of future performance.
8.25 Furthermore, you also agree and understand that the Company may reverse any transactions performed in your Trading Account and may terminate this agreement. The Company reserves the right to take any legal action against you to cover and indemnify itself upon such an event and may claim any damages caused to the Company by you as a result of such an event.
8.26 You further agree that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the mispricing) due to an undetected programming error, bug, defect, error or glitch in the Company’s website software or any other reason resulting in mispricing (for the purpose of this section the error), the Company reserves the right to cancel such transactions upon notifying you of the nature of the computer error that led to the mispricing.
8.27 You further agree to provide all required documentation as outlined in the Deposit & Withdrawal Policy, after the opening of the Account and before receiving a withdrawal, and as may be requested from you from time to time, for the purposes of identifying yourself and proving your address of residence. This is a mandatory requirement for the purpose of regulation.
8.28 You agree that the IP address from which you login and conduct your trading activity is a true representation of your geographical location and you will not attempt to mask, hide, change this IP address or conduct dishonest behavior with regards to this.
9.1 In order to be able to start using the System to execute Transactions, you shall be required to transfer monies to an account designated by the Company, to be used as collateral for the Transactions described herein.
9.2 The Company shall have all rights and authority with respect to the Collateral until it’s withdrawn by you.
9.3 Any profits accruing from your Transactions shall become supplementary collateral and shall be added to your account. All losses incurred by you through your Transactions shall be deducted from your account.
9.4 No interest is paid on credit balances.
10. Additional Deposits, Withdrawals, and Closure of the Account
10.1 Any withdrawal of the available collateral (Account Balance), whether partial or total, including any accrued profits (but not future profits) – shall be executed from your account using the relevant section of the website by clicking on ‘Withdrawal’.
You may also make a request in writing to email@example.com , with a prior notice to the Company of at least seven (7) business days.
No withdrawal can be approved by the Company without the Company’s or an approved party’s prior receipt of this acknowledgement, which must be made by you or your “Duly Authorized Person” (refer to Section 11).
10.2 Withdrawals must always be processed to the same source from which they originated.
10.3 Withdrawals are subject to a minimum of 100 USD/GBP/CAD/EUR/AUD.
10.4 Withdrawals are subject to a processing fee of 30 USD/GBP/CAD/EUR/AUD, 3000 JPY, 200 CNY and 450 ZAR and this will be deducted from the withdrawal amount before processed.
10.5 It is the sole responsibility of the Cardholder to ensure they do not contravene any applicable laws or legislation in your jurisdiction.
10.6 The transfer of money between your trading account and any other trading account on the BinaryTilt platform is strictly forbidden.
10.7 You may transfer and deposit to your account, at any time, additional funds to be used as Collateral for Transactions. All agreed Terms and Conditions will then also apply to these funds.
10.8 If your account has been terminated to the violation of any of these terms you may not open an option account again with BinaryTilt without our express permission.
10.9 Any suspension, termination or cancellation shall not affect your obligations to the company under these terms.
10.10 Any requests for immediate withdrawal from any account prior to trading will incur a fee of 50 EUR.
11. Duly Authorized Persons
11.1 You may inform the Company that you would like to empower any other person to act on your behalf in relation to communication. These powers must be endorsed in writing, as must the revocation of such powers. Signatures along with appropriate identification of the duly authorized persons must be physically received by the company in order for this expression to be confirmed.
11.2 Written or verbally transmitted orders directed at the company to execute a Transaction by any such authorized representative shall be binding between you and the Company.
12. Recording of Telephone Conversation and Record Keeping
12.1 The Company or an authorized party on its behalf may record each telephone conversation between you and the Company.
The Company may utilize these recordings for any purpose that it deems fit, including in resolving disputes between the parties.
12.2 The Company or an authorized party on its behalf shall keep copies of every written order received from you for a period to be determined by its sole discretion. Furthermore, the Company or an authorized party shall maintain records of all your Transactions.
12.3 It must be acknowledged that these records/recordings are the sole property of the Company and as such it has no obligations to present or deliver any of these recordings to any other party.
Further to this, should these recording be required by competent bodies, or the authorities in regards to your personal activities, including documentation of your account, it shall be you that bears the costs of producing such documentation.
13. Risks and Liability
All Transactions shall be carried out at your own risk. Any loss, damages or debts incurred by you are you own sole responsibility and the Company cannot be held liable for your use of the Company’s services. You both understand and accept that an important pre-condition to these Terms and Conditions relates to the Company’s right to close at any time, without an advanced notice, any Transaction executed by you, in the event that you do not have the required funds in your account to act as collateral.
At your request, the Company or an authorized party on its behalf will be obliged to provide you with reports of all of your Transactions and your current Collateral amount (account balance).
15. Commissions and Charges
The Company shall charge no commission for any Transaction executed, unless agreed upon in advance.
16. Transactions and Trade Characteristic
16.1 It is agreed herewith that every Transaction carried out by you will be with knowledge and understanding of the procedures outlined in the Trading Manual. The acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be considered sufficient acknowledgement.
16.2 The Company will accept your instructions and the facilitation of execution of Financial Contracts in accordance with customary practices in the international financial markets and of the specific practices associated with the financial contracts executed throughout the system.
17. Stop of Trade, Inaccurate Quotes, Force Majeure & Cancellation of Trades
17.1 It is agreed through these Terms and Conditions that the Company, or the System, may be prevented from operating should an event outside of the Company’s control occur. In such an event, the Company, or duly authorized party acting on behalf of the company, may close any open positions you may have (by performing a Reverse Transaction) without prior written notice being sent to you. This will be, as closely as possible, at fair market value and as near to the price of the relevant Contracts as is possible. Therefore, claims against the Company in these situations are agreed to be waivered.
17.2 The Company reserves the right to cancel any Transaction, which has been executed at a price, which was not reflective of the real price. This may be as a result of human or systematic error, regardless of whether it was under the control of the Company or not.
17.3 The Company has the right to cancel a transaction if it has adequate reasons / evidence to believe that one of the following has incurred: a. Fraud / illegal actions led to the transaction, b. Orders placed on prices that have been displayed as a result of system errors or systems malfunctions either of those of the Company or of its third party service providers. c. The Company has not acted upon Client’s instructions. d. The Transaction has been performed in violation to the provisions of this Agreement. e. The Company reserves the right to cancel executed trades if the trade cancellation feature is abused. An acceptable rate of cancellation is 2 cancelled trades per executed trade. A rate of cancellation higher than 2 cancelled trades per executed trade will be considered abuse of the cancellation feature.
18. Settlements and Payments
18.1 One party shall transfer no funds or assets to the other with respect to any Transaction, except for the collateral, which can be collected by the Company or authorized third party, in relation to losses incurred on a Transaction and payments made out to you by the Company
18.2 The Company cannot pay you in any other currency than those, which you stated at the time of registration. As such, the company does not offer any currency conversion services.
18.3 Further to the instructions on how to make a withdrawal request in section 10.1, note that the outstanding balance (of your debts and receivables from the Company) shall be repaid to you in the same currency with which you paid your Collateral Payment and shall be transferred to you within, and no later than, seven (7) business days following such a request.
18.4 Payments may be made to the Company from a credit card and these payments will be subject to the regulations of the individual credit card company.
19. Intellectual property
19.1 This website (www.binarytilt.com ) belongs to us, the Company. This information may include terms, names, and/or data that may or may not be marked with a symbol identifying it as a name, item or term for which copyright or a registered trademark exists. All trademarks and copyright symbols and data which is not explicitly stated as being the intellectual property of the Company should be considered as the intellectual property of the company.
19.2 No assumption should be made that any third party information included in the website, content or information is in any way affiliated with the Company and should not be considered in any way as representing the views, opinions or advice of the Company. Furthermore, they should not be considered as making any representation regarding the advisability of trading in or betting on our products.
19.3 Aside from the necessary requirement to view the information on this website on your browser, or as permitted under United Kingdom law or these Terms and Conditions, no content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form without first receiving explicit written consent from the Company.
19.4 Furthermore, you shall agree not to in any way “deep-link” to the website, resell or permit access to the website to others and not to copy, use or distribute content on the website unless you have received explicit, written consent to do so. If such a situation occurs, you shall be responsible and held in breach of this section to which you agree by accepting these Terms and Conditions.
19.5 You agree that any information received from the website and any other content from the Company is to be used only for the sole purpose of executing Transactions. It is forbidden to use any of the communication and mail facilities on the website for purposes that are unlawful, abusive, tortuous, and intrusive on another’s privacy, harassing, defamatory, embarrassing, libelous, obscene, threatening or hateful.
19.6 The license to use the Company for the purposes of executing financial Transactions shall be terminated if it is suspected that any information that you have previously provided can be considered as inaccurate. This applies to the email address used to register your account. Termination may also occur if you fail to adhere to any of the agreements held within these Terms and Conditions or the rules and guidelines for each service. Access to the services of the Company will be prevented in such an event. As such, you will agree herewith that the Company holds the right and sole discretion to terminate your account without prior notice and remove any information associated with your account and the Company.
20.1 The Company assigns these terms or any rights and obligations under this Agreement without your consent
20.2 As long as this Agreement remains valid, and until it is updated or amended which may happen from time to time, it shall remain in force in regards to all the terms held within.
20.3 The Company retains ownership of all documentation, software and intellectual property. It is prohibited for any of this software/platform to be used by any person, business, corporation, government organization or any other entity and will be considered as a violation of this Agreement.
21. Proprietary Protection
All of the Company website, software and documentation are protected by extensive Software and Documentation international copyright law, trade secrets and trademark laws, and by applicable international treaty provisions. It is prohibited to remove any proprietary notice of the Company from any part of the Software or Documentation.
22.1 You may not interfere with security-related features of the website.
22.2 You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof.
22.3 You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
22.4 You may not use the website in any manner not expressly permitted by this Agreement.
22.5 Links provided by the Company to third party websites are to be considered for independent research purposes and are in no way reflecting the vies, opinions or advice of the Company. The Company explicitly warns against the use of such links as a source of reliable information and does not endorse in any way using, or relying upon or purchasing anything via the Internet. As a result the Company will not be liable for any loss or damage caused through the provision of such information, or in the purchasing of goods or services available on third party websites sites.
23. Current and Binding Form of this Agreement
At its sole discretion, the Company reserves the right to adjust or otherwise update, amend, or change the terms of this Agreement now and then according to the needs of its use. Such amendments will be accurate and in a current binding form that shall be available and accessible on the Company’s website.
The binding form of this Agreement shall be in accordance with the most current form in force at any pertinent time.
The Software contains sensitive and confidential information of the Company and you hereby acknowledge and agree to maintain the confidentiality using the minimum standards of confidentiality applied to protecting your own confidential information.
25. Limited Warranty
25.1 You agree that your uses of any of the Company´s Software or web services are entirely at your own risk. The provision of all services and the website are offered to you on an “as is” basis, without warranty, liability or representation of any kind whatsoever by the company.
To the highest legal standard, the Company does not claim liability or warranty, whether express or implied, which includes the implied warranties of merchantability and fitness for a particular purpose.
25.2 The Company does not claim:
a) that its Software or services will meet the standard for your requirements;
b) that it will continuously operate error free;
c) that any defects found to exist in the Software will be corrected by the Company; or
d) that the Software will be entirely compatible with the platform or your computer system.
25.3 Before the Software should be considered as reliable, you must acknowledge that all Software should be thoroughly tested and trialed with non-critical data in accordance with good data handling procedures. Therefore, you must assume all risks associated with using such Software.
26. Limitation of Liability
26.1 In no way can the Company, its directors, employees and associates be held liable for any damages incurred by you (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) resulting from the use, or inability to use the Company´s Software. This includes claims by third parties in connection with these damages.
26.2 The total possible liability of the company cannot exceed the value of the cost incurred by the client in the use of the Software and documentation.
26.3 The maintenance of the privacy of your personal data and information is of upmost importance to the Company. Using a high level of physical and technological protection, such data will be stored and processed only on secure servers. You shall not be able to use our services if you object to the storage of your personal data.
27. Termination of Agreement
You or the Company may terminate this Agreement at any time with the provision of 48 hour notice to the other party. Termination of the Agreement by any of the parties shall require you to close all open positions by executing the required Transactions. From the date of the termination agreement, you may execute no new positions or Transactions.
28.1 All sections of this Agreement between parties in regards to the subject matter will supersede and replace any previous Agreements held between the parties. This includes understandings, arrangements, proposals or representations whether written or verbal, made between the Parties in relation to the subject matter herein. If a situation where a customer is comprised of multiple entities or individuals this agreement shall be binding between all and hold force equally amongst these.
28.2 This Agreement does not create or offer rights to any third party, entity or individual who is a non-signatory of the Agreement.
The parties directly associated with this Agreement must carry out all obligations in this Agreement. This Agreement cannot be transferred to any third party.
28.3 You agree that the Company may contact you by any means that it may deem suitable.
This Agreement is constructed and enforced in accordance with the laws and regulations of the United Kingdom and shall be governed by the United Kingdom not withstanding any conflicts of laws principles.
Therefore the parties to the Agreement consent to any suit, legal action or proceeding in relation to this Agreement being brought before the courts of the United Kingdom (the “Courts”).
29. Bonus and Refund Terms and Conditions
29.1 The company may offer Bonuses to its clients. The Bonus will provide additional funds which the client can trade with on their account. Bonuses and Promotions are for a limited time. Bonuses on deposits are applied to the Client’s trading account for the first deposit made (or subsequent deposits if specified and at the sole discretion of BinaryTilt).
29.2 The client is never under any obligation to accept the bonus. Once trading commences on an account after a trading Bonus has been applied to the available account balance, the client is deemed to have willingly accepted the Bonus and it cannot be reversed.
29.3 The Bonus that shall be credited to the Client’s account is subject to comply with the terms of the offer made to the Client, this may include but not limited to making a minimum deposit and/or a minimum level of turnover of the account within a specified period of time.
29.4 All Bonuses are offered at BinaryTilt’s discretion. BinaryTilt reserves the right to set, change or annul the criteria for Bonus eligibility at its sole discretion. The company will make public the policy, under which you will be entitled to withdraw any Bonuses received by you and may set, change or annul the criteria for Bonus withdrawal.
29.4 We do not advise that you accept a bonus unless you are committed to trading over a long period of time and understand that all Bonuses are subject to the following conditions:
a) There are no withdrawals allowed until a trading volume of 40 times the Bonus is reached (hereinafter: “the Trading Requirement”).
b) A Bonus is not transferable. This means that a Bonus provided to one account cannot be transferred to another.
c) Should a client, under any circumstance be suspected of wrong doing or deception, BinaryTilt reserves the right to cancel Bonuses, promotions or benefits that have been provided or are expected to be provided to the specified trading account.
d) In the event of suspected fraud or fraudulent activity on your behalf, or if payments by you or on your behalf are charged back, BinaryTilt retains the right to withhold from your account any amount that is in excess of your original deposit, and, if so deemed necessary by the Company, to initiate any legal proceedings to collect any payments owed by you, and at its sole discretion.
For illustration purposes please see the following example:
A Client deposits $1,000 and receives a Bonus of 100% on his deposit. A Trading Bonus of $1,000 ($1,000 x 100%) will be deposited into his account which is immediately available for trading. The client will not be able to make any withdrawals until they reach the Trading Requirement of $40,000 (40 x $1,000).
29.5 Any abuse of the bonus policy or terms of conditions may lead, at BinaryTilt sole discretion, to the cancellation of the bonus and or any other benefits derived from the offering.
29.7 BinaryTilt may at its sole discretion offer refunds to customers who suffered any losses. Regardless of any such refund offered to anyone, including yourself, you will not have a claim for, and may not rely on being offered a refund of any sort.
30. Dormant Account Procedure
30.1 Client accounts in which there have been no transactions (trading / withdrawals / deposits), for a set period of 6 months, will be considered by the Company as being Dormant Accounts.
30.2 Dormant Accounts will be charged an annual maintenance fee of US$25 or the full amount of the free balance in the account if the free balance is less than US$25. There will be no charge if the free balance is zero.
30.3 Consequently, all accounts with a zero free balance will be closed.
31. AML Policy
BinaryTilt does not tolerate money laundering and supports the fight against money launderers. BinaryTilt follows the guidelines set by the UK’s Joint Money Laundering Steering Group. The UK is a full member of the Financial Action Task Force (FATF), the intergovernmental body whose purpose is to combat money laundering and terrorist financing.
BinaryTilt now has policies in place to deter people from laundering money. These policies include:
• Ensuring clients have valid proof of identification
• Maintaining records of identification information
• Determining that clients are not known or suspected terrorists by checking their names against lists of known or suspected terrorists
• Informing clients that the information they provide may be used to verify their identity
• Closely following clients money transactions
• Not accepting cash, money orders, third party transactions, exchange houses transfers or Western Union transfers.
Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.
Money Laundering usually follows three stages:
• Firstly, cash or cash equivalents are placed into the financial system
• Secondly, money is transferred or moved to other accounts (e.g. futures accounts) through a series of financial transactions designed to obscure the origin of the money (e.g. executing trades with little or no financial risk or transferring account balances to other accounts)
• And finally, the funds are re-introduced into the economy so that the funds appear to have come from legitimate sources (e.g. closing a futures account and transferring the funds to a bank account).
Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. In particular, a trading account can be used to execute financial transactions that help obscure the origins of the funds.
BinaryTilt directs funds withdrawals back to the original source of remittance, as a preventative measure.
International Anti-Money Laundering requires financial services institutions to be aware of potential money laundering abuses that could occur in a customer account and implement a compliance program to deter, detect and report potential suspicious activity.
These guidelines have been implemented to protect BinaryTilt and its clients.
For questions/comments regarding these guidelines, please contact us at firstname.lastname@example.org.
32. Risk Factors Disclosure Appendix
The financial Transactions outlined in this Agreement are in the form of trade executions and involve the use of leverage. These Transactions should therefore be considered as high-risk financial activities and the potential for losses are extremely high. You must consider whether these activities suit your requirements, taking into account your personal circumstances and financial situation. In evaluating your own suitability to engage in such activities, you must also consider that there is a high-risk of loss in a short period of time. You are advised to only use financial resources that you have designated for high-risk financial speculation. The cautions detailed here are not an exhaustive list of all the possible risks associated with high-risk financial speculation. These risks need to be individually researched and evaluated before engaging in such activities.
All activities associated with financial speculation, including trading and binary options, are extremely high risk and wholly speculative. They involve very high-risk levels of financial leverage and have the potential for large losses over a short period of time. Through this Agreement, it is absolutely understood by the client and stated herein that small fluctuations in price can result in both high levels of profits and losses in a short period of time, and can result in the total loss of the entire security. The client understands that it is not possible to guarantee a profitable Transaction in financial markets.
By registering to the Website, opening an account and carrying out Transactions, you hereby acknowledge the following:
a) You agree that Transactions offered by the System should be considered as special financial Transactions and therefore carry a large degree of risk;
b) You agree that you are fully informed and have the requisite knowledge about options, including Binary Options and all of the risks involved in the execution of Transactions in options and specifically in binary options;
c) The responsibility and discretion in undertaking such Transactions will include the agreement that you have the financial capabilities to carry out such Transactions and that you willingly undertake the risks involved;
d) You fully understand that the prices quoted on the Website are referred to as the strike price or option price, that this is the price at which BinaryTilt is willing to sell its binary options and that these prices may not reflect the market price of the underlying asset;
e) In purchasing binary options you are fully aware that you will expose yourself to risk and the potential to lose a large amount or even all of your invested collateral. This can include the total loss of a securities value;
f) You agree to read thoroughly all of these Terms and Conditions prior to executing any Transactions and have a full awareness of the risk and reward inherent in binary options trading;
g) You are aware that unsuccessful speculation will result in losses; and
h) You are aware of the possibility that the expiry time on a financial contract can be as short as several minutes.
The System is designed for highly knowledgeable and experienced users who understand the risks and have thoroughly read and understood these Terms and Conditions.
Users will have the capacity to sustain rapid losses up to the total loss of the invested money and/or the securities. You agree it is your personal responsibility to decide if such Transactions are suitable for your circumstances and requirements. This involves a careful analysis of your personal financial resources and understanding of the implications of carrying out financial Transactions. It is highly recommended that you seek legal and tax advice before engaging in financial speculation.