The official language of the company is English. For a more complete description of the Company’s activity, please visit the English version of the site. information translated into languages other than English is for information purposes only and has no legal force, the Company is not responsible for the accuracy of the information provided in other languages.
Please read these terms and conditions carefully. By accessing this World Wide Website (“Web Site”) and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms and Conditions. If you do not agree to these Terms of Use, do not access this Web Site. Company reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of this Web Site constitutes agreement to all such changes.
-
General Provisions
- The present License Agreement (hereinafter referred to as the Agreement) is made effective between Nexus Crest represented by its Affiliated Partners (hereinafter referred to as the Company) and any individual or legal unit (hereinafter referred to as the Client). This Agreement is an integral part of the public documents package, pursuant to which the Company provides services (including services of financial and informational nature, etc.) to its Clients.
- When the Client chooses the services of the Company or otherwise interacts with the Company, she/he fully agrees to all the terms and conditions of all the publicly proclaimed documents. The Client shall immediately cease all interaction with the Company, if the Client does not agree with any article (section, part) of any public document of the Company (namely: if the Client does not agree with the terms of usage of information provided by the Company, etc.).
- The present Agreement determines the rights and responsibilities of the parties involved (the Company, the Clients, third parties) that come into existence, when information materials of any kind or format, published by the Company on its proper official Website, are transferred, broadcast or published in any other way (namely: information published on other Internet sites, owned by the Company or one of its Affiliated Partners, economic news that is broadcast via client terminals, etc.).
- In terms of the present Agreement legal units or individuals, who receive information from the Company’s Web-server (site), located at the aforementioned address, or the Company’s trading server, and use the information in any way, are considered information users.
- The present Agreement applies to information, published on the Company’s Web-server (site), or broadcast, disseminated, or published via other information channels or reproduced on other information carriers, including hard (paper) copies.
- Other regulations, legal and public documents are applied to particular kinds of information. Particularly:
- The Company logo is a registered trademark and is protected by respective legislation, particularly by the International Trademark Law;
- Macroeconomic news (news feeds) is a non-exclusive property of the Company, issued by Dow Jones & Company Inc. (USA) or its licensors, and protected by copyright law and other intellectual property laws;
- Copyright on materials published on the Company’s Web-server by third parties is protected by legislation of the authors’ countries of citizenship and international laws;
- Copyright on materials published on the Company’s Web-server (site) by the Company itself (in its own name) is protected by international laws.
- The client acknowledges the inherent uncertainties and complexities associated with online trading, encompassing intricate hardware, software, systems, communication lines, peripherals, and other components, all of which are susceptible to potential interruptions and disruptions. The Company and the Exchange explicitly disclaim any representation or warranty concerning the uninterrupted availability of the trading service to the client.
- The client hereby waives any claim against the Exchange or the Company arising from any suspension, interruption, unavailability, or malfunctioning of the trading system or service, or the Exchange’s service or systems, or the non-execution of their orders due to any link or system failure at the client/Company/Exchange end, for reasons beyond the control of the Company/Exchange. In the event of a system outage, the client may contact the Company via email, providing transaction details, and the Company will make reasonable efforts to fulfill the client’s order, but shall not be held liable for executing the desired transactions. Under such circumstances, the Company disclaims any responsibility for any losses incurred or that may be incurred by the client due to such occurrences that are beyond the control of the Company.
-
Basic definitions used in the present agreement
- The following terminology used in the present Agreement has the indicated meaning, if not otherwise stipulated in the present Agreement:
- The Company’s Web-server (site) is 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.
- The Company’s 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. In particular, the information may include the financial instruments quotation flow and economic news.
- Products refers to the array of financial instruments and investment products that are offered as a component of our services.
- Transaction means a contract in any of the Products between you and us.
- Underlying instrument denotes the index, commodity, currency, security, or other instrument, asset, or factor upon which the pricing or valuation is based, used by us or any third party to establish its price or the executable price of a product.
- The process of receiving information by a user refers to data received from the Company’s server (or other transmitting device or system) by the Client’s hardware (if the provided hardware is connected to the Internet or other communication channels). With regards to the information dissipated (reproduced) on hard copies, this is (a) process(es) connected with acquisition, reading and understanding of information.
- Information or data represented in electronic or other 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.
- Information usage refers to the possibility of viewing data using software installed on Client’s hardware (client terminal, browser, etc.) or the possibility of converting, copying, duplicating, or transferring to other carriers or to transforming (in particular, production of hard copies), duplicating and deleting this information by whatever means. The transfer of the data to third-parties by any means is also considered information usage.
- The following terminology used in the present Agreement has the indicated meaning, if not otherwise stipulated in the present Agreement:
-
The rights and responsibilities of clients
- When using information, whether published on the Company’s Web-server (site) or broadcast (published) in any other way, the Client shall:
- Provide during registration precise, actual and full personal information (to the extent necessary for registration); in the case that there are actual changes in this data (for example, change of residence, surname (for any reason), telephone number or other personal registration data), please make relevant modifications in a timely manner. Registration data may be changed, for instance, by contacting the relevant Company employee via the contact form.
- Do not attempt to register a third party on the site, even if this party is aware of or has you asked to do so; consequently any person who wishes to register on the site shall do so independently.
- Make appropriate arrangements to ensure security of the data, which may be used to obtain access (authorization) of any system (service) provided by the Company. This regulation applies to passwords, logins, identification numbers, etc.
- Observe effective international laws, as well as legislation within the Client’s country with regard to copyright law and intellectual property protection.
- Do not attempt to use the Company’s Web-server (site) using software with the aim of hindering (or damaging) the operation of the Web-server (site), its individual service, or cause non-operability of the server and/or its individual service (inaccessibility of server and/or its individual services), or in any other way disrupt the normal operation of the servers. In particular, the Client shall not attempt to automatically collect non-public data or information that belongs to third parties, the Client shall not attempt to register automatically. Moreover, the Client shall not attempt to overload the Web-server (site) or trading server with useless information with the aim of causing malfunction and/ or to impede normal access of other users to the Web- or trading server.
- Be fully and solely responsible, according to effective legislation and public documents of the Company, for all actions, carried out using the Client’s account, including actions that caused damage or loss to the Company (namely: the Client is responsible for any unlawful (or inconsistent with Company public documents) actions carried out via his/her account).
- Shall utilize the system, services, and products offered by the Company in a lawful, ethical, and appropriate manner. The Client is expressly prohibited from abusing, manipulating, or misusing the aforementioned in any way, shape, or form. Abuse of the system, services, or products includes, but is not limited to, the exploitation of any malfunctions or operational anomalies of the online trading platform, misquoted rates, software bugs, security loopholes, or any other irregularities that may arise.
- Agrees to refrain from engaging in practices that unfairly take advantage of such system errors or inconsistencies to achieve gains or avoid losses. This includes executing trades based on misquoted rates, exploiting software glitches for financial benefit, or manipulating the system for unintended purposes.
- Do not use any service that allows publishing of any data, or in any other (as well as unlawful) way publish on the Company’s Web-server (site) information, which contains threats, discredits or abuses honor and dignity of third parties, is vulgar or indecent (in particular containing offensive words), advocates racial, religious, or ethnical discrimination and hostility, or any information that either directly or indirectly violates protected human rights, rights of citizens or legal entities (in particular, any information published in any form (format), including logins (nicknames), conference publications, etc.).
- With regards to economic news broadcast by the Company from Dow Jones & Company Inc. (USA) and its Content licensors, the Client shall:
- Observe effective copyright and intellectual property laws.
- Not store, copy, reproduce, disseminate, transfer via communication channels or in any other way, not publish, not create own information on the basis of the news, not reproduce on the air, not issue and/or duplicate the news.
- Use news for personal purposes as a source of information or, at his/her discretion, as a basis for analysis of an economic situation.
- Not neither use the Company’s Website for commercial purposes nor sell or provide access to it for commission.
- When using information provided by the Company, the Client has the right to:
- Independently choose at personal discretion and for personal use any information published by the Company on the Web-server (site) or broadcast via a client terminal or via other channels.
- Use any information for personal use to the extent that it does not contravene the present License Agreement.
- When using information, whether published on the Company’s Web-server (site) or broadcast (published) in any other way, the Client shall:
-
Company rights and responsibilities
- When providing Clients with information (by any means via any channels) or publishing freely accessible information, the Company shall:
- Take every possible measure to make information actual, precise, full, timely, consistent and useful.
- Consider the demands of Clients firstly and consistently adjust volume, composition and quality of publicly available information or information, which is personally broadcast via secure communication channels.
- The Company will affect any Transactions as Principal and as market maker for all Products.
- In relation to all Transactions, the Company will deal with you only on the basis that only you are our client under these terms and conditions even if you are acting on behalf of another person or taking instructions from another person.
-
We retain the authority, without requiring your agreement and without prior notification, to nullify or modify the conditions of any transactions in the following circumstances:
- containing or based on any error that we reasonably believe to be obvious or plpable (a “manifest error”). An example of a manifest error without limitation would be an obvious misquote by us; and/or
- that we reasonably believe to be a result of a strategy by you to capitalise on opportunities where the executable price of transaction does not accurately reflect market rates (an “abusive strategy”)
- Where we reasonably believe that you are utilising an abusive strategy, we may also without your consent and without prior notice to you, increase your spreads on any or all of your accounts with us, or move you to an alternative price stream. We will notify you of any changes we make to your transactions or accounts in reasonable time after the fact where we exercise our rights under this clause.
- If, in our discretion, we choose to amend the terms of any such Transaction specified in the previous clause above, the amended level will be such level as we reasonably believe would have been fair at the time the transaction was entered into. In deciding whether an error is a Manifest Error or a Transaction was a part of an Abusive Strategy, we shall act reasonably and we may take into account any relevant information available to us, including, without limitation, the state of the underlying market at the time of the Transaction.
- In the absence of our fraud, wilful default or negligence, we will not be liable to you for any Loss following off-market prices and/or a Manifest Error (including where the Manifest Error is made by any information source, commentator or official on whom we reasonably rely).
- If we choose to exercise any of our rights under these clauses and if you have received any monies from us in connection with the Manifest Error or Abusive Strategy, you agree that those monies are immediately due and payable to us and you agree to return an equal sum to us without delay.
-
You represent and warrant to us at the time you enter into the Agreement and every time you enter into a Transaction that:
- you will not place and have not placed a Transaction with us if to do so would result in you, or others with whom you are acting in concert with, having an interest in the Underlying Instrument which is equal to or exceeds the amount of a declarable interest in the Underlying Instrument prevailing at the reevant time, as set by law or by the relevant exchange.
- you will not place and have not placed a Transaction that contravenes any law or regulation prohibiting insider dealing, market manipulation or any other form of market abuse or market misconduct.
-
you will not place and have not placed a Transaction with non-public knowledge of:
- a placing, issue distribution or other similar event
- an offer, takeover, merger or other similar event
- any corporate finance activity
-
If you enter a Transaction that causes you to breach these clauses or we have reasonable grounds to suspect a breach of these clauses it shall be considered an Event of Default and we may:
- enforce the Transaction
- void the Transaction
- withold any profits to the extent required unless you produce conclusive evidence to our satisfaction that you have not in fact commited any breach. These actions may be taken without any obligation to inform you of our reasons to do so.
- When providing Clients with information (by whatever means via whatever channel) or publishing freely accessible information, the Company has the right to:
- Adjust, add, remove, and transform the whole structure, composition and quality of any information at its own discretion.
- Create or remove services hosted on the Company’s Web-server, and to limit access rights to these services at its own discretion.
- Take decisions with regards to the provision of publicly available information (via public channels) or in confidential manner (via secure channels, subject to successful authorization) at its own discretion.
- Take decisions with regards to the price of the information provided, access (subscription) this or that service hosted on the Company’s Web site at its own discretion. In particular, the Company reserves the right to charge extra fees for using this or that information or service.
- When providing Clients with information (by any means via any channels) or publishing freely accessible information, the Company shall:
-
Responsibilities of the parties
- The official Company’s Web-server (site), including all the software operated on the Company’s Web-server (site): graphic, audio, video, and text content is accessible for use as is. The Company does not guarantee that the Site or its services fit (optimally), meet specific ideas or expectations of the individual User or groups of Users with regards to using for specific purposes that the User has in mind. The Company does not guarantee that any (expected, supposed, or possible) results will be obtained by using of Web-server (site) and/or any separate service.
- With regards to the economic news broadcast from Dow Jones & Company Inc. (USA) and its Content licensors, neither the Company nor the lawful holder can guarantee that the information is full, precise, regular (periodic), and they do not bear responsibility for any damage or loss, which is somehow related to the use, non-use or inappropriate use of the aforementioned information, even provided they are aware of such potential loss or damage.
- With regards to analytic, journalistic or educational publicly available information published by Company or broadcast via communication channels, Company disclaims any guarantees (direct and indirect/supposed), irrespective of owner of copyright (author’s rights) on the information.
- Parties are liable under the effective legislation, when they establish relations pursuant to the present Agreement.
-
Amendments
- The Company reserves the right to make amendments and additions to the present Agreement. In particular, it may take place in cases, which are not described directly or indirectly in the current edition of the Agreement or if a rule or law emerges that requires a corresponding amendment or addition.
- Amendatory procedure:
- Should amendments and/or additions be made, the Company shall post these amendments on the Company’s official Web site. It is the Clients’s sole responsability to periodically check the terms of use of the Company’s services on the Company’s Website to keep up to date to any changes.
- The fact of updating the terms on the Company’s Web site is considered to be the Client notification of the amendments and/or additions, whether the Client reads and understands a corresponding text or ignores it.
- The amended document becomes effective immediately following publication on the Company’s Web site.
- The amended document immediately applies to any and all accounts after its publication (irrespective of registration date). The amended document applies to trading accounts that were registered before its effective date when the document came into effect.
- In the case that a rule or law is introduced, which requires a corresponding amendment to the present Agreement, then the rule or law shall be applied immediately after the effective date of the relevant statutory act, whether the required amendment and/or addition is made or not. Regulations of the present Agreement that contradict the newly introduced rule or law become void one the corresponding amendments to the aforementioned document go into effect.
-
Final provisions
- The Company considers tasks connected with the continuous and timely provision of valid information support and provision of access to information services to Clients its affair of honor. However, conditions, which are not controlled by the Company, may emerge and make the aforementioned tasks problematic or impossible.
- All the disputes that may occur shall be resolved in compliance with the effective legislation and Company’s public documents by means of negotiations or claims.
-
Acceptance by the client
- I agree with all the conditions of the Company’s public documents for using the Company’s services and will immediately cease using the Company’s services in case of disagreement.
-
Governing law and jurisdiction
- Nexus Crest Ltd regulated by the Financial Services Authority (‘FSA’) of the Republic of Seychelles as a Securities Dealer.
- This agreement is governed by and construed in accordance with the law of The Republic of Seychelles.
- You irrevocably agree that the courts of The Republic of Seychelles shall have exclusive jurisdiction in relation to any claim or dispute arising out of or in connection with the Agreement or in relation to any non-contractual obligation arising out of or in connection with the Agreement and both we and you submit to the jurisdiction of the Cours of The Republic of Seychelles.
- Address: CT House, Office 9A, Providence, Mahé, Republic of Seychelles.