Definitions and Interpretations
- In this Agreement the following definitions shall apply:
- This general offer Agreement, as amended from time to time, is referred to as the Agreement.
- Applicable Laws: means any legislation, any common or customary law, constitution, decree, judgment, order, ordinance, treaty, or another legislative measure in St. Vincent and the Grenadines and any directive, request, requirement, guidance, or guideline (in each case, whether or not having the force of law but, if not having the force of law, compliance with which is in accordance with the general practice of persons to whom the directive, request, requirement, guidance or guideline applies).
- Business Day: means a day other than a Saturday or Sunday or a public holiday declared by the Government of St. Vincent and the Grenadines) on which banks in St. Vincent and the Grenadines are open for a full range of business.
- The company shall be used interchangeably with and construed to mean the Managers or CCI.
- The Client shall be used interchangeably with and construed to mean the Investor.
- Investment Amount means the amount deposited by the investor, for the purpose of trading.
- In this General offer Agreement, unless otherwise stated reference to any statute, bye-law, regulation, delegated legislation, or order means any statute, bye-law, regulation, rule, delegated legislation, or order as amended, modified, or replaced from time to time; or replacing or made under any of them or which any of them re-enacts (with or without variation) except to the extent that any bye-law, regulation, rule, delegated legislation or order made or enacted after the date of this agreement would create or increase the liability of any of the Parties under this Agreement.
- Words in the singular include the plural and vice versa. the expression this Clause, unless followed by the number of a specific part of the Clause, refers to the whole clause in which it occurs.
- The words include and indicate examples only. They do not limit the general nature of any preceding words. A phrase finishing with the words “or other”,“or otherwise”, is not limited by any preceding words where a wider interpretation is possible;
- Reference to any gender includes the other gender.
- person includes each of the following, even if they have no separate legal personality: an individual, firm, partnership, trust joint venture, body corporate, unincorporated body, association, organization or any government state or local body or authority.
- in writing means any communication made by letter or any means of electronic communication and written shall be interpreted accordingly. a document is in the agreed form if it is in the form of a draft agreed between and initial by or for the Parties on or before the date of this agreement; all warranties representations, indemnities, covenants, agreements, and obligations given or entered by more than one person are given or entered severally (and not, for the avoidance of doubt, jointly) unless otherwise specified.
- References to ‘indemnify’ and ‘indemnifying’ any person against any circumstance include indemnifying and keeping him indemnified from and against all liabilities, losses claim demands, damages, costs, expenses, and interest which he may suffer or incur in connection with or arising out of that circumstance; and the word ‘notice’ includes any notice, demand, consent, or other communication.
CONDITIONS AND NOTICES
- The obligations of the proposed investor/Client under this Agreement are subject to the condition that the investor has read all policy and risk declaration documents, is fully aware of and understands the nature of the venture in which he/she is investing as well as the terms contained herein and is fully ready to abide by same.
- Our Trading Server is a software and hardware system connected to the Internet and capable of providing a certain amount of information upon request if provided authorization is successful. The information may not involve any financial instrument quotation, financial news, and other current flow.
- The Company's Web-server (site) is also a software and hardware system connected to the Internet and capable of providing information upon request. Herewith, in order to receive information from the Web-server (site), prior authorization may or may not be required from the Client (information user), however, the provisions of the present Agreement equally apply to information transmitted via open channels, without authorization, and via secure channels, if provided authorization is successful.
- Another form of communication could include phone calls, online chat, email, newsletters, etc., Information or data represented in electronic or another form: texts (having any nature and content whatsoever, including encrypted texts, such as scripts, passwords, etc.), images, design elements, and photos, as well as audio and video records.
- All information contained on our website and other electronic means of communication, including commentaries, news, analysis, trading strategies, etc. is provided as general market commentary and does not constitute investment advice. CCI Traders will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information. The content on this website is subject to change at any time without notice.
- The trading outcome (Profit and losses) of clients’ portfolios and trading accounts may go up as well down to the extent that when clients’ portfolios or trading accounts, when redeemed, may be more or less than the original amount.
- Investing in online forex, commodities, and indices is fraught with risk, and CCI Traders and its legal bodies are only appropriate for investors who do not require immediate liquidity for their portfolios and accounts, who do not consider an investment to be a full-fledged investment program, and who understand and are willing to assume that risk.
- While we advise the client makes reasonable efforts to obtain information from sources that they believe to be reliable, we make no representation, undertaking or warranty that the information or opinions contained on our website (www.ccitraders.com) are accurate, reliable, or complete. Dated content without limitation, any information, data, tools, products, services, and other content available on or through the website speak only as of the date indicated.
- The past performance of any of our trading histories is not indicative of a guarantee for future performance.
- Where the Client’s trading account is to be managed by us (under personal portfolio) which must be opened with a Broker or liquidity provider), you will fall under the Brokers’ order execution policy as if you were carrying out the trade yourself, the minimum trading contract shall be for One Year. However, as this is a managed account, you will not be able to trade yourself. As our Account Managers can be trading in Contracts for Differences, Spot and Futures on the Clients behalf, the Client will make gains or incur losses because of a difference in prices (or exchange rates, as applicable) at which trading positions are respectively opened or closed. On a spot execution, if You (The client ) wish to take a delivery of the products, it is your responsibility to bear all logistics and delivery charges.
- Brokers determine the prices (or exchange rates, as applicable) at which it is prepared to give as buying price or selling price (and the relevant bid-ask spread) in their absolute discretion, considering the price levels quoted by competitors and other intermediaries, general market conditions as well as other factors. The Client should be aware and accept that this pricing process involves Conflicts that are intrinsic in the investment and trading.
TECHNICAL, DATA, AND TRADING RISK
- The client or investor is expected to understand and take cognizance of the risks associated with online Forex, commodities, and every other derivative product. The client should understand the risk in trading leverage products and position, the speculative nature of online derivative products, (Forex, Commodities, indices, etc), and the high risk in margin trading. Trading involves the risk of losses and losses can exceed expectations and both the investors and traders are exposed to the risk of losing some or all deposited capital if the market moves against expectations.
The client should take note that the risk of losses could be caused by:
- client’s or broker's hardware or trading software failure, malfunction, or misuse.
- Poor Internet connection either on the client’s side, the manager’s side, or from the client’s broker and
- interruptions or transmission blackouts or public electricity network failures, attacks, overload of connections, etc.
- There are also risks of financial losses caused by the failure of information, communication, electronic, and other systems. The result of any system failure may be that Client’s order is either not executed according to the instructions by the broker or it is not executed at all by the Manager. CCI shall not accept any liability in the case of any such failure.
- There is no 100% guarantee of regular profit. However, the Manager shall exercise due caution and professionalism to ensure that risk is maximally minimized while executing the Client’s specific instructions to the best of our knowledge and abilities.
- When it comes to data storage, data can be lost at any time for a variety of reasons, including network outages, interruptions of third-party services, or the cessation of services altogether (for example, disabling of API or servers). Lost passwords, hardware and/or software failure, and hacking are all possibilities. Account numbers, email addresses, phone numbers, documents, IP addresses, API documents, and so on are examples of this type of data. Backup data can be kept for up to six months, so the client agreed to release the company from any liability if any of that data is found to have been left unused or unassessed during that time or if there is an immediate loss of data.
TRANSFER OF FUNDS AND SUBSCRIPTIONS
- Funds and payments for subscription to any of CCI’s services are deposited through company payment bodies such as Banks, external payment Merchants such as Master Card, Visa card, etc. The Company shall supply the Client with the name, address, and account number of the Company’s “Client account” for transferring funds where such need arises.
- The Client shall clearly specify his name and provide all required information, in accordance with both local and international laws and regulations related to the Anti-money laundering and terrorism act, on the payment document. The companies shall not accept payments from third parties to be credited to the Client’s Account.
- All amounts transferred by the Client to the Company’s “Client account” will be deposited in the Client’s Account or profile at the “value date” of the received payment and net of any deduction/charges by the transferring banks or payment merchants.
- The Company has the right to refuse a client’s transferred funds in any of the following cases; Where the funds are transferred by a third party; If the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorized person If the transfer violates the anti-money laundry and terrorism act.
- If any of the above cases takes place, the Company shall send back the received funds to the source by the same method as they were received.
- By this general terms and Agreement, the Client gives his consent and authorizes the Company to make deposits and withdrawals from the “Client account” or “profile” on behalf of the Client, including but not limited to, for settlement of transactions performed by or on behalf of the Client, for payment of all amounts due by or on behalf of the Client to the Company or any other person.
- The Client, using the Company’s relevant “withdrawal request shall provide the Company with his bank account details or any acceptable payment method for the Company to transfer any amount payable to the Client.
- By the Company’s policy, the company shall transfer all amounts directly to the Client’s personal account. Funds are transferred by the Company within three Business Days of the date they are debited from the Client’s account. It may take up to Five Business Days for funds to be credited to the Client’s bank account or any payment method accepted by the company and client.
- Our website (www.ccitraders.com) and its provisions are specifically targeted at persons accessing the website from within our jurisdiction or unrestricted territories. All persons located in any jurisdiction where there are restrictions on the access of information relating to specific investments or trading, by accessing this website shall be undertaking, warranting, and representing to us that they have reason and authorization to do the same and that CCI TRADERS shall not be held liable to have breached any such restrictions because of any transaction on our site. All site visitors and users are expected to ascertain the terms of and comply with any local law or regulation to which they are subject and desists from subscribing to any of the services of the website to which restrictions may apply.
- The Company represents to the investor that at the date of this Agreement and the Subscription Date, the Company is a private limited liability company duly established and validly existing under the laws of St Vincent and that, entry into and performance of the Agreement and the transaction contemplated thereby does not and will not violate any present law or regulation in St. Vincent or the constitutional documents of the Company.
- The execution, delivery of, and compliance with the terms of this Agreement does not and will not: conflict with or result in a breach of or constitute a default under any of the terms, conditions, or provisions of any agreement or instrument to which the Company is a party to the Company conducts its business in all material respects in accordance with all applicable laws;
- The Company does not have any liability (direct or vicarious) arising from any violation of any applicable law nor from any ruling penalty or sanction which could adversely affect the business or financial condition of the Company nor in particular from any violation of any enactment relating to tax, employment, or industrial or labor relations; Each of the representations and warranties is to be construed independently and except where this Agreement provides otherwise, is not limited by any provision of this Agreement or another representation and or warranty.
- The Company agrees that the investor may enter into a relationship with the company in reliance on each representation by the Company as a material term of this Agreement.
- The investor hereby represents to the company that he/she has not directly or indirectly entered into any alliance or agreement that may tie the company to any form of litigation or vicarious responsibility related to the invested sum. The investor further represents that the investment sum deposited by him/her/it is obtained by genuine and honest means and shall not in any way constitute a bind of any form whatsoever on the Company.
- The Company agrees that it shall indemnify, defend and hold harmless the investor from, against, and in respect of any damages, losses, charges, liabilities, claims demands, actions, suits, proceedings, payments, judgments, settlements, assessments, deficiencies, interest and costs and expenses (including reasonable attorneys' fees) actually imposed on, sustained, incurred or suffered by, directly or indirectly relating to or arising out of any breach of any representation or warranty made by the Company contained in this Agreement.
- The investor agrees that he/she/it shall indemnify the company and exempt it completely against any proceedings, contention or legal issue that may arise because of the investor’s source of funding or income. That the company shall in no way be held liable, questionable, or accountable for any reason whatsoever in relation to the source of the investor’s income or invested sum and shall not be required to deliver or refund all or any part of the invested sum except in accordance with the terms specified in this agreement.
- We shall be excused for some delays in performance and in the rendering of services or operations required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs, liquidation or other serious labor disputes, riots, earthquakes, floods, explosions, acts of nature, Government policies and actions, or any other similar cause to those mentioned above which are not within our reasonable control or powers to overcome.
- Each Party shall bear its own costs in relation to the negotiation, preparation, execution, performance, amendment, or registration of, or any consent given or made, and the performance of any action by that Party in compliance with any obligation or liability arising under this Agreement, or any agreement or document executed or effected under this Agreement, unless this Agreement provides otherwise.
- All notices, which are required to be given under this Agreement shall be in writing or electronic and shall be sent to the address of the recipient set out in this Agreement. Any such notice may be delivered personally or by courier with a copy sent by electronic mail and shall be deemed to have been served if by personal delivery, when delivered and if by courier, upon receipt of proof of delivery.
- This Agreement shall be binding on and be for the benefit of the successors and assignees of each Party.
- All provisions of this Agreement shall so far as they are capable of being performed and observed, continue in full force and effect subject to the termination of this Agreement.
- Parties undertake to do all things reasonably within their power, which are necessary or desirable to give effect to the spirit and intent of this Agreement.
- Nothing in this Agreement shall constitute or be deemed to constitute a partnership between the Parties and neither of them shall have any authority to bind the other in any way except as otherwise negotiated and agreed upon in writing in a separate document.
This Agreement may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.
This Agreement constitutes the entire agreement between the Parties with respect to the matters dealt with in this Agreement and supersedes any previous agreement between the Parties in relation to such matters. Each Party hereby acknowledges that in entering into this Agreement it has not relied on any representation or warranty except as expressly set out in this Agreement shall be valid or effective unless made by one or more instructions in writing signed by both Parties
The Parties shall treat all Information and documentation received or that they have been exposed to in relation to this project and its implementation as strictly confidential. The Receiving Party shall not directly or indirectly use the Disclosing Party’s Confidential Information for its own benefit nor for the benefit of any other person nor for any purpose other than carrying out its obligations in accordance with and upon the terms of this Agreement.
The Receiving Party shall not disclose the Confidential Information to any person whomsoever other than its Staff who are directly involved in carrying out the Receiving Party’s obligations in terms of this Agreement and then only on a need-to-know basis. Before revealing any Confidential Information to them, the Receiving Party shall ensure that such Staff is made aware of the confidential nature of the information being made available to them.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Laws of St. Vincent and the Grenadines.
Any disputes, controversies, or claims arising out of or in relation to or in connection with this Agreement, including without limitation any dispute as to the construction, validity, interpretation, enforceability, or breach of this Agreement, shall be settled by arbitration. The arbitration shall be heard and determined by a single arbitrator. A dispute shall be deemed to have arisen when a Party notifies the other Party in writing to that effect. The Parties shall agree to the appointment of the arbitrator within seven (60) days of the submission of a notice of arbitration and if the Parties cannot reach an agreement on an arbitrator within this period, such arbitrator may be appointed by the Chairman of the Chartered Institute of Arbitrators UK, on the application of either Party. The place of arbitration shall be in United Kingdom or in Company Registered Office.
In light of the above terms and conditions, I have read and agreed to them.