TERMS AND CONDITIONS
This Terms and Conditions (hereafter the “Terms”) governs your (the “Client”) use of TriOption’s (the “Company”, “we” or “our”) Website and all applications, products and services (collectively the “Services”) available on this Website.
We reserve the right to amend, modify, update and change any of the Terms, from time to time, and we will notify the Client of any such amendment, modification or change by publishing the new version on the relevant page of our Website. Any modified version of this Terms and Conditions will take effect after its publication on the Website. It remains the Client’s responsibility to ensure that you are aware of the correct, current Terms and Conditions and we advise you to check for updates on a regular basis.
Your continued use of the Website and Services constitutes your acceptance to all terms, conditions and notices, and any changes to the Terms and Conditions.
ONLINE SERVICES AGREEMENT
The Terms applies to both the TriOption Website and the trading platforms, as well as to the electronic content and/or software currently contained on the Website that supplies the Client with real time information and any other features, content or services that the Company may add in the future.
The Client has read and accepted all the information presented in the Company’s Website, which are available to the public. The Services provided by the Company are defined as follows: “Enabling the Company’s Clients to use the trading platform to place trades according to each Client’s sole discretion. The Company is not obliged in any way to provide any further services beyond the aforementioned. Nevertheless, every service provided by the Company beyond the aforementioned will be provided according to the Company’s sole discretion”.
Our services are available to and may only be used by individuals who can form legally binding contracts under the Law applicable to their country of residence. Without limiting the foregoing, our Services are not available to persons under the age of 18 or otherwise under the legal age (Minors). If you are a minor, you may not use this service. For avoidance of doubt, we shall not be responsible for any unauthorized use by minors of our services in any way or manner.
Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via the Company’s websites and have done so without relying on any information contained in the Company’s Website. The offering of Binary Options on various underlying financial and other assets may not be legal in some jurisdictions. You understand and accept that TriOption is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Our Services are not available where they are illegal to use, and we reserve the right to refuse and/or cancel services to anyone at its own discretion. For avoidance of doubt, the ability to access our Website does not necessarily mean that our services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
1. DEFINITIONS – INTEPRETATION
Account means the personal trading account the Client maintains with the Company.
Terms mean these Terms and Conditions for the Services offered by TriOption.
Balance means the sum held on behalf of the Client on its Client Account within any period of time.
Company’s Website means the website owned and operated by TriOption.
Operating (Trading) Time of the Company means the period of time within a business week, where the trading terminal of the Company provides the opportunity of trading operations. TriOption reserves the right to suspend, alter or modify its operating hours on its own discretion.
Services means the investment services, which will be provided by the Company to the Clients and are governed by the Terms.
Transaction means any type of transaction subject to the Terms effected in the Client’s trading account(s) including but not limited to Deposit, Withdrawal, Open Trades, Closed Trades and any other transaction of any financial instrument.
2. ACCOUNT OPENING INFORMATION AND REQUIREMENTS
By registering with the Company or by using the Company’s Services, you agree to be bound by these Terms in its entirety and without reservation. As such, these Terms constitute a binding legal document between you and TriOption.
When you register for the Services, TriOption will ask you to provide certain identifying information.
- You agree to provide true, accurate, current and complete information about yourself during the registration process, and you also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from the Company.
- For your protection and that of other Website users, you should not share your registration information with another person or business entity for all purpose, including, but not limited to, facilitating access and unauthorized use of the service. If you believe that someone has used or is using your registration information, login details or password to access any service without your authorization, you should notify our Customer Support immediately.
- You assume all responsibility in relation to any investment strategy, transaction or investment, tax costs, and for any consequences brought by from any transaction that you perform and TriOption shall not be held responsible nor you shall rely on the Company for the aforementioned.
- When you open an account, we ask that you provide your name, address, date of birth and other information that will allow us to identify you. We reserve the right to ask for additional identification documents, if deemed necessary.
- When you register with TriOption, you acknowledge your willingness to share with us certain private information, which we use for the purpose of confirming your identity. This information is collected in line with our stringent verification procedures, which are used to deter international money laundering operations and to ensure the security and safety of our Client’s trading activity throughout.
- Registering as our Client, you hereby state that you register and trade on your own behalf and are not seeking at any time to act any manner that could be considered fraudulent nor are you seeking to impersonate any other individuals for any purpose whatsoever.
- By registering with TriOption and through the voluntary interaction you undertake with the Company’s products and services, you confirm and agree that you consent to the use of all or part of the information you supply concerning your trading account, the transactions you undertake through it and the interactions which you perform with us on behalf of the Company. All interactions you undertake with the Company will be stored by us for the purposes of record keeping, as required by the Law and may be employed by the Company in cases that disputes arise between you and TriOption and any other competent authority.
From time to time, TriOption may contact you through any form of communication means for the purpose of offering further information about the Company, Binary Options trading or financial market trading. In addition, we may, on occasion, seek to contact you for the purpose of informing you of unique promotional offerings provided by the Company.
Where the Company provides general trading recommendations, market commentary or other information in its Website:
- this is incidental to Client dealing relationship with the Company. It is provided solely to enable you to make your own investment decisions and should not be regarded as investment advice;
- the Company gives no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the tax consequences of any Transaction;
- you accept that prior to its dispatch, the Company may have acted upon it for its own account or made use of the information on which it is based. The Company does not make representations as to the time of receipt by the Client and cannot guarantee that you will receive such information at the same time as other Clients.
The Company has the right to refuse the provision of any investment and/or ancillary service to you, at any time, without being obliged to inform you of the reasons why in order to protect the lawful interests of both the Client and the Company.
TriOption may, at its sole discretion, arrange for any Transaction to be effected with or through the agency of an intermediate broker, who may be an Associate of the Company. Neither the Company nor its respective director, officers, employees or agents will be held liable to the Client for any act or omission of an intermediate broker or agent. No responsibility will be accepted for intermediate brokers or agents selected by the Client.
3. GUARANTEES ON BEHALF OF THE CLIENT
You hereby state, confirm and guarantee that any funds handed to TriOption for trading purposes, belong exclusively to you and are free of any lien, charge, pledge or any other burden. Further, whatever funds handed over to the Company by you is not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity.
You agree and understand that in the event that the Company has such proofs that are adequate to indicate that certain amounts, as classified above, received by the Client are proceeds from illegal acts or products of any criminal activity and/or belonging to a third party, we reserve the right to refund these amounts to the sender, either this being the Client or a beneficial owner. Furthermore, you also agree and understand that TriOption may reverse any transactions performed in your Trading Account and may terminate these Terms. 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 the Client as a result of such an event.
You declare that you are over 18 (eighteen) years old to enter into these Terms. You guarantee the authenticity and validity of any document handed over to us.
You understand and accept that all Transactions in relation to trade in any of the Financial Instruments, will be performed only through the Trading Platforms provided by TriOption and the Financial Instruments are not transferable to any other Trading Platform whatsoever.
4. ELECTRONIC TRADING
Upon accepting and signing these Terms, you are entitled to gain online access to our electronic systems and/or Trading Platforms, thereby being able to place orders for transactions to either buy or sell any Financial Instrument available from us. Further, you will be able to trade on the Company’s Trading Platforms with and through the Company with the use of a Personal Computer, smartphone or any other similar device that is connected to the Internet. In this respect, you understand that the Company can, at its absolute discretion, terminate your access to our systems in order to protect both the Company’s and Clients’ interests and to ensure the systems’ effectiveness and efficiency.
You will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the Trading Platforms.
You agree not to attempt to abuse the Trading Platforms in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency, or applying practices such as price manipulation, lag trading, and time manipulation.
You are responsible for all acts or omissions that occur within the Website through the use of your registration information. If you believe that someone has used or is using your registration information, login details or password to access any Service without your authorization, you should notify our Customer Support immediately. Further, any Orders received by TriOption will be considered as received from you.
You acknowledge that TriOption may choose not to take action based on Orders transmitted to the Company using electronic means other than those Orders transmitted to us using the predetermined electronic means such as the Trading Platform, and we shall have no liability towards you for failing to take action based on such Orders.
We will not be held responsible in the event of unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between you and the Company and/or any other party using the Internet or other network or electronic mean available.
TriOption is not responsible for any power cuts or failures that prevent the use of the system and/or the Trading Platform and cannot be responsible for not fulfilling any obligations under these Terms because of network connection or electricity failures.
The Company shall have no liability for any potential damage you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, Internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that we reserve the right to suspend access to electronic systems / trading platforms for this reason.
TriOption has the right, unilaterally and with immediate effect, to suspend or withdraw permanently the Client’s ability to use any Electronic Service, or any part thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to Client’s breach of any provisions of these Terms, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the Client when there has been a breach of security.
5. ORDERS – INSTRUCTIONS AND BASIS OF DEALINGS
Once your instructions or Orders are received by TriOption, they cannot be revoked. We reserve the right not to accept your Orders, in our absolute discretion, and in such a case the Company shall not be obliged to give a reason but it shall promptly notify the Client accordingly.
You place market request at the prices you see on your terminal/platform and the execution process is initiated. Due to the high volatility of the market as well as the Internet connectivity between the client terminal and the server, the prices requested by you and the current market price may change, during this process.
We use our reasonable endeavors to execute any order promptly, but in accepting your orders, the Company does not represent or warrant that it will be possible to execute such order or that execution will be possible according to your instructions.
Orders can be placed, executed, changed or removed only within the operating (trading) time and shall remain effective through the next trading session. The Client’s Order shall be valid and in accordance with the type and time of the given Order, as specified. If any underlying asset of the Financial Instrument becomes subject to a specific risk resulting in a predicted fall in value, TriOption reserves the right to withdraw the specific financial instrument from our Trading Platform. The Company has the right to set control limits in relation to your orders at its own and absolute discretion. Such limits may be amended, removed or added and may include without limitation:
- controls over maximum order amount and size;
- controls over the electronic systems and/or trading platforms to verify, for example, the Client’s identity during the receipt of the order; or
- any other limits, parameters or controls which we may deem required to be implemented in accordance with Applicable Regulations.
There may be restrictions on the number of Transactions that you can enter into on any one day and also in terms of the total value of those Transactions when using an Electronic Service. You acknowledge that some Markets place restrictions on the types of orders that can be directly transmitted to their electronic trading systems.
The Company will quote prices at which it is prepared to deal with the Client. Save where:
- The Company exercises any of its rights to close out a Transaction; or
- a Transaction closes automatically,
it is your responsibility to decide whether or not you wish to deal at the price quoted by TriOption.
Each price shall be effective and may be used in a dealing instruction prior to the earlier of its expiration time and the time, if any, at which it is otherwise withdrawn by the Company. A price may not be used in a dealing instruction after such time. Each price shall be available for use in a dealing instruction for a transaction with a principal amount not to exceed a maximum determined by the Company.
You acknowledge that these prices and maximum amounts may differ from prices and maximum amounts provided to other Clients of the Company and may be withdrawn or changed without notice. We may in our sole discretion and without prior notice to you immediately cease the provision of prices in some or all currency pairs and for some or all value dates at any time. When the Company quotes a price, market conditions may move between Company’s sending of the quote and the time your order is executed. Such movement may be in your favor or against it. Prices that may be quoted and/or traded upon, from time to time, by other market makers or third parties shall not apply to trades between the Company and the Client.
7. CHANGE OF RATES
TriOption deals are dependent on the markets, which are dynamic and change continually. The fluctuations in the market, in currency rates, and in other parameters, affect the Company’s fully automated pricing engine. This is why rates and premiums may change all the time.
8. REFUSAL AND DELAY IN ORDER EXECUTION
The Company has the right, at any time and for any reason and without giving any notice and/or explanation, to refuse, at its discretion, to execute any Order, including without limitation in the following cases:
- If the Company has adequate reasons to suspect that the execution of an Order is part of an attempt to manipulate the market, trading on inside information, relates to money laundering activities or if it can potentially affect in any manner the reliability, efficiency, or smooth operation of the Trading Platform.
- If you do not have sufficient available funds deposited with the Company or in your bank account to pay the purchase price of an Order along with the respective fees necessary to carry out the transaction in the Trading Platform.
- If the order is a result of the use of inside confidential information (insider trading).
It is understood that any refusal by us to execute any order shall not affect any obligation, which you may have towards the Company or any right, which the Company may have against you or your assets.
A delay in execution may occur for various reasons, such as technical issues with your Internet connection to our trading servers. In these circumstances, the price offered by the Company may change before we receive your order. If you place an order and the price changes before the order is received, the order will be accepted at the new price. This means the price at which your order is accepted may be different from the price you were quoted. The Company cannot predict future price movements and our quotations are not a forecast of where we believe currency prices will be at a future time.
9. CANCELLATION OF TRANSACTIONS
TriOption has the right to cancel a transaction if we have adequate reasons / evidence to believe that one of the following has incurred:
- Fraud / illegal actions led to the transaction.
- 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.
- The Transaction has been performed in violation to the provisions of these Terms.
- We reserve the right to cancel executed trades if the trade cancellation feature is abused.
10. SETTLEMENT OF TRANSACTIONS
The Company shall proceed to a settlement of all transactions upon execution of such transactions.
Acquisition of a financial contract is completed when the financial contract has been customized, the premium (or the margin, as the case may be) has been calculated and payment has been verified.
The Client agrees to be fully and personally liable for the due settlement of every transaction entered into under your account with the Company.
11. ANTI-MONEY LAUNDERING POLICY
TriOption is committed to the highest and strictest standards of the Anti-Money Laundering (AML) compliance.
Money laundering is the act of converting money or other monetary instruments gained from illegal activity into money or investments that appear to be legitimate, so that any illegal source cannot be traced. Domestic and international laws that apply to companies, whose Clients can deposit and withdraw funds from their accounts, make it illegal for TriOption, or its employees or agents, to knowingly engage, or attempt to engage in a monetary transaction of criminally derived property.
11.1 Implemented Procedures
The objective of the Anti-Money Laundering procedures that TriOption implement is to ensure that Clients engaging in certain activities are identified to a reasonable standard, while minimizing the compliance burden and impact on legitimate Clients. TriOption is committed to assisting governments to combat the threat of money laundering and the financing of terrorist activities around the world. For this purpose, TriOption has established a highly sophisticated electronic system. This system documents and verifies Client identification records, and tracks and maintains detailed records of all transactions.
TriOption carefully tracks suspicious and significant transaction activities, and reports such activities ‘providing timely and comprehensive information’ to law enforcement bodies. To uphold the integrity of reporting systems and to safeguard businesses, the legislative framework provides legal protection to providers of such information.
In order to minimize the risk of money laundering and financing terrorist activities, TriOption neither accepts cash deposits nor disburses cash under any circumstances. TriOption reserves the right to refuse to process a transfer at any stage, where it believes the transfer to be connected in any way to money laundering or criminal activity. For the avoidance of any doubt, TriOption may detain or postpone payments for a set period of time at our own discretion.
It is forbidden for TriOption to inform Clients that they have been reported for suspicious activity.
11.2 Additional Disclosures
For the purpose of complying with Anti-Money Laundering laws, TriOption requires two different documents to verify the identity of the Client.
The first document we require is a legal government-issued, identifying document with a picture of the Client on it. It may be a government-issued passport, driver’s license (for countries where the driver’s license is a primary identification document) or local ID card (company access cards are not accepted).
The second document we require is a bill with the Client’s own name and actual address on it that is no older than 3 months. It may be a utility bill, bank statement, or any other bill with the name and address of the Client from an internationally recognizable organization.
TriOption also requires a completed and physically signed account application form to be submitted to the company.
Clients are required to submit updated identification and contact information in a timely manner, as soon as changes occur.
Documents in non-Western letters must be translated into English by an official translator; the translation must be stamped and signed by the translator and sent together with the original document with a clear picture of the Client on it.
11.3 Deposits and Withdrawals
TriOption requires that all deposits, where the name of the originating Client is present, come from the name of the person matching the name of the Client in our records. Third party payments are not accepted.
For withdrawals where the name of the recipient is present, the name must exactly match the name of the Client in our records. If the deposit was made by wire transfer, funds may be withdrawn only by wire transfer to the same bank and to the same account from which it originated. If the deposit was made by means of electronic currency transfer, funds may be withdrawn only by the means of electronic currency transfer through the same system and to the same account from which it originated.
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.
International Anti-Money Laundering requires financial service institutions to be aware of potential money laundering abuses that could occur in a Client’s account and implement a compliance program to deter, detect and report potential suspicious activity. Therefore, these procedures have been implemented to protect TriOption and our Clients.
12. CLIENTS FUNDS
Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds, which will be held in the Client’s name. We will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
Upon agreement to these Terms, you authorize the Company to make any deposits and withdrawals from the Bank Account on your behalf including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Terms and all amounts which are payable by or on behalf of the Client to the Company or any other person.
It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the Client to a bank account the beneficial owner of which is the Client.
The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in these Terms or delay the processing of the request if not satisfied on full documentation of the Client.
It is within your terms that any incurring bank fees will be paid by you in case of funds withdrawals from your trading account to your designated bank account. You, as the Client, are fully responsible for the payment details that you have provided to the Company and we accept no responsibility if you have provided false or inaccurate bank details.
Withdrawals should be made using the same method used by the Client to fund your trading account and to the same remitter. TriOption reserves the right to decline a withdrawal with specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client’s trading account.
13. COMPANY’S FEES
The Company reserves its right to impose a handling fee in extremely severe cases of breach of the Company’s Terms such as fraud and/or manipulations and/or unjustified chargebacks done by Clients and all in accordance with the Company’s sole discretion.
It is your obligation alone to calculate and pay all taxes applicable to you in your country of residence, or otherwise arising as a result of your trading activity from the use of the Company’s Services.
By accepting the terms and conditions specified in these Terms, you have read and understood and accepted the information uploaded and found on the Company’s Website and is publicly available for all Clients, in which all related commission, costs and financing fees are explained. We may amend from time to time at our own discretion all such commission, costs and financing fees. All information relating to the aforementioned amendments will be available on the Website, which you must review and check for changes during the period that you are dealing with the Company and especially before placing any orders with the Company. You are deemed to have seen, reviewed and considered the Company’s commission, costs and financing fees and any changes that the company may make thereto from time to time.
14. COMPANY LIABILITIES AND INDEMNITY
It shall be noted that TriOption and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person or individuals from whom the Company receives instructions for the execution of your Orders.
We will not be held liable for any lost opportunities that have resulted in either losses or reduction (or increase) in the value of your Financial Instruments.
In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the Services and all related operations that are performed as a mean for these Services to be performed to the Client as these are agreed in these Terms or in relation to the potential disposal of your Financial Instruments, you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore your responsibility to indemnify the Company for the aforementioned.
We shall not be held liable for any damage caused to you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Bank Account is maintained.
TriOption shall not be held liable for the loss of funds of the Client in cases where your assets are kept by a third party such as a bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
The Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.
Without prejudice to any other terms of these Terms, the Company will not be liable for:
- Systems errors (Company’s or service providers)
- Unauthorized use
- For any act taken by or on the instruction of a Market, clearing house or authoritative body.
We shall not be liable to the Client for any partial or non-performance of our obligations hereunder by reason of any cause beyond reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, Market or clearing house, for any reason, to perform its obligations.
You further acknowledge that you are responsible for reviewing the expiration dates for the Binary Options, which are located on the Company’s Website.
1. Neither the Company nor its directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under these Terms (including any Transaction or where the Company has declined to enter into a proposed Transaction). In no circumstance, shall the Company have liability for losses suffered by the Client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with these Terms, whether arising out of negligence, breach of contract, misrepresentation or otherwise.
2. You shall pay to the Company such sums as it may from time to time require in or towards satisfaction of any debit balance on any of your accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which we may incur or be subjected to with respect to any of your accounts or any Transaction or any matching Transaction on a Market or with an intermediate broker or as a result of any misrepresentation by you or any violation by you of your obligations under these Terms (including any Transaction) or by the enforcement of the Company’s rights.
3. You acknowledge that you have not been induced or coerced to enter into these Terms.
15. DURATION OF THE TERMS AND AMENDMENT THEREOF
These Terms shall take effect upon the registration of the Client’s Account. It shall be valid for an indefinite time period until its termination from either the Company or the Client or both.
The Terms may be amended on the following cases:
1. Unilaterally by the Company if such amendment is necessary following an amendment of the law or any other authority issues decisions or binding directives, which affect the Terms. In any such case, the Company shall notify you of the said amendment through its Website and your consent shall not be required for any such amendment.
2. In cases where the amendment of the Terms is not required by any change in the legal framework, the Company shall notify you of the relevant amendment through our Website. If objections arise, you may terminate the Terms on the condition that all pending transactions shall be completed. If you do not raise any objection, it shall be considered that you consent and/or accept the contents of the amendment.
You have the right to terminate the Terms by giving the Company a written notice, specifying the date of termination in such, on the condition that in the case of such termination, all your Open Positions shall be closed by the date of termination.
TriOption may terminate the Terms by giving the Client a written notice, specifying the date of termination therein.
The Company may terminate the Terms immediately without giving any notice in the following cases:
- Death of the Client;
- In case of a decision of bankruptcy or winding up of the Client is taken through a meeting or through the submission of an application for the aforementioned;
- Termination is required by any competent regulatory authority or body;
- The Client violates any provision of the Terms and in the Company’s opinion the Terms cannot be implemented;
- The Client violates any law or to which you are subject, including but not limited to, laws and regulations relating to exchange control and registration requirements;
- The Client involves the Company directly or indirectly in any type of fraud.
- If the Company believes that any information provided by the Client is no longer current or accurate, or if the Client fails to otherwise comply with any term or condition of these Terms and all rules and guidelines for each service that you have abused in any way. Upon such violation, the Client agrees to cease accessing the Services.
The termination of the Terms shall not in any case affect the rights, which have arisen, existing commitments or any contractual provision, which was intended to remain in force after the termination and in the case of termination, the Client shall pay:
- Any pending fee of the Company and any other amount payable to the Company;
- Any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of the Terms;
- Any damages which arose during the arrangement or settlement of pending obligations.
In case of breach by the Client, the Company reserves the right to reverse all previous transactions which place the Company’s interests and/or all or any its Clients interests at risk before terminating the Terms.
17. EVENTS OF DEFAULT AND RIGHTS ON DEFAULT
The following shall constitute Events of Default on the occurrence of which the Company shall be authorized to exercise its rights:
- the failure of the Client to make any payment when due under these Terms, including but not limited to initial Margin deposit or any other payment to meet Margin requirements.
- the commencement by a third party of procedures seeking the Client’s bankruptcy (in case of natural person) or the Client’s insolvency or other similar voluntary case of liquidation under the applicable laws or any other similar proceedings which are analogous to those pre-mentioned in relation to the Client.
- the Client takes advantage of delays occurring in prices and places Orders at outdated prices, trades at off-market prices and/or outside operating hours and performs any other action that constitutes improper trading.
- the Client dies or becomes of unsound mind.
- any representation or warranty made or given or deemed made or given by the Client under these Terms proves to have been false or misleading in any material respect as at the time it was made or given or deemed made or given.
- any other situation where TriOption reasonably considers it necessary or desirable for its own protection or any action is taken or event occurs which the Company considers that might have a material adverse effect upon the Client’s ability to perform any of its obligations under these Terms.
18. ACKNOWLEDGEMENT OF RISKS
It shall be noted that due to market conditions and fluctuations, the value of Financial Instruments may increase or decrease, or may even be reduced to zero. Regardless of the information TriOption may provide, you agree and acknowledge the possibility of these cases occurring.
You are aware and acknowledge that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of Financial Instruments) through the Company and our Trading Platform and accept that you are willing to undertake this risk upon entering into this business relationship. You agree to use the website at your own risk. Without limiting the foregoing, the financial services contained within this site are suitable only for Clients who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in the acquisition of financial contracts.
You declare that you have read, understood and unreservedly accepted the following:
- Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. Historical data are not and should not be considered as reflective of the future returns of any Financial Instrument.
- In cases of Financial Instruments traded in currencies other than the currency of your country of residence, you are running the risk of a change in the exchange rate that will decrease the value and price of the Financial Instruments and in effect their performance.
- You must be aware that you are running the risk of losing all of your funds invested, and must only purchase Financial Instruments if you are prepared for this eventuality. Further, all expenses and commissions incurred will be payable from the Client.
Each financial contract purchased by a Client via this Website is an individual agreement made between the Client and the Company, and is not transferable, negotiable or assignable to or with any third party.
The Company may make available to you through one or more of its services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (“Market Information”). Market Information provided on this Website is not intended as investment advice. TriOption does not endorse or approve the market information, and we make it available to you only as a service for your own convenience. You will not deep-link, redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by the Company to receive Market Information.
You acknowledge and accept that there may be other risks, which are not mentioned in these Terms, and that you have read and accepted all information under the title “RISK DISCLAIMER” as this information is loaded on the Company’s Website public and available to all Clients.
19. CONFIDENTIAL INFORMATION
TriOption does not have any obligation to disclose to you any information or take into consideration any information either when making any decision or when it proceeds to any act on behalf of the Client, unless otherwise agreed and stated in these Terms and where this is imposed by the relevant Laws and Regulations and directives in force.
We will never disclose any private or otherwise confidential information in regards to our Clients and former Clients to third parties without the express, written consent of our Clients, except in such specific cases in which disclosure is a requirement under law, or is otherwise necessary in order to perform verification analysis on the Client’s identity for the purposes of safeguarding their account and securing their personal information.
The Company will handle all of Client’s personal data according to the relevant Laws and Regulations for the protection of Personal Data.
Unless the contrary is specifically provided, any notice, instructions, authorizations, requests or other communications to be given to the Company by the Client under the Terms shall be in writing and shall take effect only when actually received by the Company, provided they do not violate and are not contrary to these Terms.
21. COMPLAINTS PROCEDURE
TriOption is obliged to put in place internal procedures for handling complaints fairly and promptly. You are advised to contact us if you would like further details regarding our complaints handling procedures.
22. GENERAL PROVISIONS
You acknowledge that no representations were made to you by or on behalf of the Company, which have in any way incited or persuaded you to enter into the Terms.
In case any provision of the Terms is or becomes, at any time, illegal void or non-enforceable in any respect, in accordance with a law and/or regulation of any jurisdiction, the legality, validity or enforceability of the remaining provisions of the Terms or the legality, validity or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected.
All Transactions on behalf of the Client shall be subject to the laws, which govern the operation, the arrangements, directives, circulars and customs (hereinafter called the “Laws”), as they are amended or modified from time to time. The Company shall be entitled to take or omit to take any measures, which it considers desirable in view of compliance with the Laws in force at the time. Any such measures as may be taken and all the Laws in force shall be binding for the Client.
You, as the Client, shall take all reasonably necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents) so that the Company may duly fulfill its obligations under the Terms.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You will not obtain any intellectual property rights in or any right or license to use such materials or the Website, other than as set out in these Terms. Images displayed on the website are either the property of the Company or used with permission.
You also agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of TriOption. Nothing contained on the website shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of the Company and/or such third party that may own the trademarks. You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any of the aforementioned activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the aforementioned activities and shall provide the Company with reasonable assistance with any investigation it may conduct in light of the information provided by the Client in this respect.
Use of the trademarks or any other content of the Website, except as provided herein, is strictly prohibited.
It is important that the Client is fully aware of the following point:
A slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment. No system exists that could assure you that transactions on the foreign currency market should bring you great benefits, nor is it possible to guarantee, that your transactions will yield favorable results.
The amount you could lose in a transaction carrying limited risk will never be more appreciable than that which you can lose in transactions having no pre-determined limit on loss. Nevertheless, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.
It is possible that some unfavorable situations on the market could occur, in a relatively short period of time, resulting in the TOTAL LOSS of your investment.
The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to the stock market. Therefore, before starting to trade, you should learn the specifics of trading on Forex in detail. You should conclude the opening and/or closing transactions on the market only if you are absolutely sure of the size of its possible risk and consequences, and if you understand in detail the scope and range of your rights and obligations.
23. APPLICABLE LAW AND JURISDICTION
These Terms and all transactional relations between the Client and the Company are governed by the Laws.
All substance and/or information relating to TriOption, including, inter alia, the website domain, Binary Options trading platform, clientele and activity are fully owned and operated by the Company.
24. MODIFICATIONS AND AMENDMENTS
The Company reserves the rights to suspend, modify, remove or add to the Website, the Company’s Trading Platform or Services in its sole discretion with immediate effect and without notice. TriOption shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.
We reserve the right to make any changes to our Terms and Conditions at any time without notice. Any amendment shall come into force as of the day it is published on this page, and you hereby agree to conform to the current version as published in this Website.