Terms and Conditions



These Terms and Conditions (the “Terms”) govern the use of the website www.proufx.com (the “Website”).

(the “Company” or “we” or “us”) by you (the “You”, “User”, “Your”) should you choose to trade using the Website. By completing Company’s account opening process You accept and acknowledge the terms and conditions of these Terms, including all policies made available on our Website, including without limitations, the Acceptable Use Policy, Know Your Client Policy, the Privacy Policy, the Risk Disclosure, AML Policy and Deposit and Withdrawals Policy, which together constitute one and inseparable agreement between You and the Company (collectively the “Terms”).



Preamble

You confirm that You have read, understood and accepted all of the terms and conditions contained in these Terms without modifications. By accessing or continuing to access the Website, You agree to comply with these Terms without exceptions. These Terms shall prevail over any previous agreements, arrangement, express or implied statements made by the Company. These Terms will commence on the date in which You accept these Terms either remotely by pressing the “I Accept” or by registering to the Website as a client or in any other form requested by the Company from time to time, and will continue unless or until terminated by either party.

You acknowledge that the Company's official language is English, and that all of its agreements and communications in English shall prevail over communications in any other language. Words denoting the singular include the plural and vice versa; words denoting any gender include all genders; and words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and vice versa. The clause headings are inserted for ease of reference only and do not affect the construction of these Terms.

THESE TERMS SET FORTH THE TERMS GOVERNING THE ACCESS AND USE OF THE WEBSITE AND THE SERVICES OFFERED THEREIN. IF YOU DISAGREE WITH THE TERMS OR ANY PART THEREOF, THEN YOU MUST NOT ACCESS OR USE THE WEBSITE AND SERVICES AND ANY RELATED MATERIAL AND YOU SHOULD NOT PROVIDE THE COMPANY WITH ANY INFORMATION.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND ALL RELATED POLICIES AND UNDERSTOOD ALL THE CONDITIONS INDICATED THEREIN.

YOU MUST STRICTLY REFRAIN FROM USING THE WEBSITE IF YOU ARE AN AMERICAN CITIZEN OR RESIDENT. THE USE OF THE WEBSITE BY AMERICAN CITIZEN IS ILLEGAL THUS STRICTLY FORBIDDEN.

USER MUST BE AT LEAST 18 YEARS OLD TO USE THE WEBSITE. YOU HEREBY DECLARE THAT YOU ARE 18 YEARS OLD OR OLDER AND THAT THE INFORMATION PROVIDED TO THE COMPANY IS TRUE AND ACCURATE AND THAT YOU WILL NOTIFY THE COMPANY OF ANY MATERIAL CHANGES.


THE VALUE OF YOUR INVESTMENTS CAN GO DOWN AS WELL AS UP. LOSSES CAN EXCEED DEPOSITS ON MARGIN PRODUCTS. COMPLEX PRODUCTS, INCLUDING ALL TYPES OF INVESTMENT ASSETS AND INSTRUMENTS, COME WITH A HIGH RISK OF LOSING MONEY RAPIDLY DUE TO LEVERAGE. YOU SHOULD CONSIDER WHETHER YOU UNDERSTAND HOW ALL TYPES OF INVESTMENT ASSETS OR ANY OF OUR OTHER PRODUCTS WORK AND WHETHER YOU CAN AFFORD TO TAKE THE HIGH RISK OF LOSING YOUR MONEY OR MAKING MONEY.

Company is not providing trading advise. The Company will not be held responsible for any damages or loss incurred by You. The Company is not responsible to verify whether You posses sufficient Trading knowledge and experience or whether Your Trading choices are wise nor will the Company be able to ascertain Your fitness to use the services offered on the Website. You acknowledge that it is Your responsibility to receive trading advise as You deem necessary.

In addition, You confirm that You have read and understood the risks that are involved in trading in Forex or any other asset traded on the Website (the "Trading"), and that by opening an account with the Company You confirm that You have read and understood all policies and terms including the Risk Disclaimer, the Heritage Agreement and Terms.

You hereby confirm and consent to receive certain automatic e-mails notifications generated by ProuFX system, which will be sent to the email address provided by you, which may include the following action generated Email notifications:

  • Deposit Confirmation
  • Welcome to ProuFX
  • Withdrawal Request
  • Transaction Confirmation
  • Password Reset
  • Password Changed
  • New Live Account
  • Live Account Password Changed
You acknowledge and understand that the automatic emails sent to you are required for security measures to ensure that all actions made on your account are executed by you and for the purpose of securing your account from unauthorized use by third parties.

In addition You confirm that You have read and understood the risks that are involved in trading in Forex or any other asset traded on the Website (the "Trading"), and that by opening an account with the Company You confirm that You have read and understood all policies and terms including the Risk Disclaimer and Terms.

You should understand in full that Trading, investments and similar operations are regulated in a different ways under different jurisdictions. The fact that You can access our Website and use the services therein doesn’t necessarily mean that it is legal in Your country to do so and You should first ensure that Trading is legal in Your jurisdiction otherwise, You shouldn’t use the Website.

Furthermore, You hereby declare that any funds deposited by You to Your account with the Company for Trading are not originating from any criminal activity or otherwise are a result of breach of any law.

Company offers access to its Website and services to Users that accept the Terms. By using the Website You explicitly confirm that You have read and consented to all Terms. Our obligations are subject to any limits or restrictions on which we may agree in writing and/or any statutory, regulatory, legal or market requirements which must be applied on the Website.

The Terms apply to all users and in case You require additional information on any of the subjects presented below, You should contact our customer support at any time. If you don’t agree to be bound by the Terms, You stop using the Website.

Please note that closing or suspending your account due to a breach of the Terms may entail loss due to the closing of positions. You agree that the Company can terminate Your access to any of the Trading services offered on the Website at its sole discretion with or without notice.

The Company reserves the right to amend, modify, update and change any part of these Terms, at any given time, and we will notify You of any such amendment, modification or change by publishing the new version of these Terms on the relevant page of our Website. Any modified version of these Terms will take effect 7 days after its publication on the Website and Your continued use of the Website after the aforementioned 7 days will be deemed to constitute Your acceptance of the changes to the Terms. You must ensure that you are aware of the correct, current terms and conditions and we advise You to check for updates on a regular basis.

Terms and Conditions

1. General.
The Preamble to these terms of service is inseparable part thereof and together with all company policies constitute one and binding agreement between You and the Company. Any additional agreement relevant to the specific account the User subscribes which is signed or electronically accepted by the User shall be deemed an inseparable part of these Terms.

2. Acceptance.
By accessing, visiting and/or using this Website, any User unequivocally and unreservedly expresses his or her binding agreement to any and all of the terms and conditions indicated under the Terms, constituting a binding agreement between the User and the Company, and undertakes to fully comply therewith. Any and all activity on, with and/or via this Website shall be governed by these Terms.

3. Accounts.
The Company offers different types of services and accounts subject to User’s sole discretion and preferences. Each account and service may be subject to additional terms which will be made available to the User upon purchasing or subscribing for a specific account of service.

4. Risk.
There are significant risks in using derivative instruments. In general terms, a derivative instrument is one whose value depends on (or is derived from) the value of an underlying asset, interest rate or index. Options, futures, options on futures and interest rate swaps or other interest rate-related transactions are examples of derivatives. Derivative instruments involve risks different from the direct investment in underlying securities. These risks include imperfect correlation between the value of the instrument and the underlying assets; risks of default by the other party to certain transactions; risks that the transactions may result in losses that partially or completely offset gains in Account positions; risks that the transactions may not be liquid. User is urged to carefully review the Risk Disclosure made available on the Website.

5. Permitted Use.
Any User must be aged 18 or older and legally permitted to engage in usage of this Website under the laws applicable to him/her. User represents that he or she has full legal capacity to enter into legally binding agreements. YOU MUST STRICTLY REFRAIN FROM USING THE WEBSITE IF YOU ARE AN AMERICAN CITIZEN OR RESIDENT. THE USE OF THE WEBSITE BY AMERICAN CITIZEN IS ILLEGAL THUS STRICTLY FORBIDDEN. Users may not make commercial and/or serial and/or automated use of this Website. This Website strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access and any access via any software except for the main common and official web browsers.

6. Your Account and the Bank Account.
Upon receipt of Your application, the Company may carry out credit or other checks as we deem appropriate from time to time including without limit obtaining references from Your bank, employer or credit agencies (if applicable). Credit reference agencies will record details of the search irrespective of whether Your application proceeds or not. We reserve the right to carry out further credit checks at anytime whilst these Terms are in force.

(a) You acknowledge and accept that the Company may use credit scoring methods to assess Your application. This may affect our decision on whether to accept the application or whether to alter the way in which your account will operate.

(b) You must notify us immediately of any material changes to any of the information set out in Your application form.

(c) In the event that Your application form is accepted we will open an account for you and provide you with a user ID and account number (the “Account”). You must not disclose these details to any other person. In the event that You believe that these details are known by a third party then You will notify us immediately. You will assist us in investigating any misuse of your Account.

(d) You confirm that the Company is not obliged to confirm or check the identity of anyone using or quoting your Account.

(e) You confirm that the Company shall be entitled (but not obliged) to make any payments owed to You to one single account for all sums. The Company may (but is not obliged to) agree to transfer monies to different Bank Accounts. Notwithstanding the fact that the Company agrees to do so, the Company shall not be liable for any mistakes made by us in the amount transferred provided that the aggregate sum transferred pursuant to these Terms is correct.

(f) Funds appearing on User’s Account may include agreed or voluntary bonuses and incentives, or any other sums not directly deposited by the User or gained from trading on account of actually deposited funds ("Non-Deposited Funds"). Please note unless otherwise explicitly agreed, Non-Deposited Funds are not available for immediate withdrawal and You should make yourself knowledgeable about the terms applicable on the receipt by You of such Non-Deposited Funds. Further, due to technical limitations, Non-Deposited Funds may be assigned to User’s Account in certain occasions (for example, for the technical purpose of allowing the closing of positions or an indebted account). Please note Non-Deposited Funds, including profits gained on account of or derived of the same, are not subject to same terms as deposited funds and are not available for immediate withdrawal. If a withdrawal of Non-Deposited Funds has been confirmed, the Company shall have full right to reclaim any and all such funds.

(g) In case of Your death, the Heritage Agreement will define the Beneficiaries to Your account.

7. Further Covenants.
In addition to the above and without limiting the generality of this clause, User hereby:

(a) Confirms that the Bank Account details are complete and accurate and that User will notify us immediately if these changes and will provide the Company with such documentation as the Company requests in respect of such revised Bank Account; and

(b) Confirms that (unless otherwise agreed by the Company) the Bank Account relates to a bank account opened under User’s country of main residence; and

(c) Acknowledges and accepts that the Company is under no obligation to transfer any monies to or accept any monies from any account other than the Bank Account.

(d) The Company does not accept responsibility for any loss or damage suffered by You as a result of Your Trading on monies deposited in or credited to Your Account in error.

(e) The Company reserves the right to close or suspend Your Account at any time in accordance with the terms of these Terms and the Heritage Agreement.

(f) Acknowledges explicitly that the Company has the right to change the amount of margin that is allowable per any Trading due to market volatility, without prior notice.

(g) Multiple Accounts. Except as otherwise expressly provided under these Terms, if You have more than one Account with the Company, each Account will be treated entirely separately. Therefore, any credit on one Account (including monies deposited as margin) will not discharge Your liabilities in respect of another Account unless the Company exercises our rights under these Terms and the Heritage Agreement.

(h) Joint Accounts/beneficiaries. Your Account shall be under Your sole name, and no joints accounts are allowed. Beneficiaries shall only be allowed according to the Heritage Agreement, in case of the Account holder's death.

8. Linking to this Website.
Creating or maintaining any link from another site to any page on this Website, without Company’s written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another site without Company’s prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules and regulations and ethical conduct on the internet.

9. IP and Copyright Notice.
All texts, graphics, sounds, information, designs, applications, content, source codes and object code files, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the Company (hereinafter: "information" or "data"). The information on this Website belong the Company or its respective affiliates and suppliers and may not be copied or used without Company’s prior written approval. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

10. Trademarks.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Company and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the prior written permission of the Company.

11. Logins Security.
(a) User should not disclose User’s login information to any third party. It is User’s responsibility to maintain in confidence User’s Account details and login information at all such times. This includes ensuring that the required level of margin is in place. If You have more than one Account, this responsibility will relate to each Account separately, unless the Company agreed otherwise in writing with You.

(b) Every person using a login (whether or not in fact such person is a duly authorized User) will be deemed to be authorized to enter into the system and/or (as the case may be) to give any other instructions or communications on behalf of the respective User that is represented by the login according to the registration information. The Company will act on such instructions without being obligated to obtain any further written or other confirmation and for the avoidance of doubt, the relevant transaction fees shall become payable.

12. Unlawful usage.
(a) The User is prohibited from making any unlawful usage of this Website. The User acknowledges and is informed and aware of the fact that in addition to these Terms and any and all policies for usage of this Website, User may and is expected to be subjected to laws and regulations applicable in User or any relevant jurisdiction, including any promulgation related to gambling, securities, taxation and/or anti-money laundering.

(b) The Company does not encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that the Company may have at law or in equity, if the Company determines, in its sole discretion, that the User has violated or is likely to violate the foregoing prohibitions, the Company may take any action deemed necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Website. The Company will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

13. Indemnifications.
User undertakes to indemnify, defend and hold the Company harmless, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the Website, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions, AML Policy and all policies applicable to User’s use of the Website as posted on the Website which together with these Terms constitute one binding agreement.

14. Disclaimer of Liability; Limitation of Liability.
(a) THE COMPANY PROVIDES NO WARRANTIES EXPRESS OF IMPLIED. YOUR USE THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

(b) You must read the Risk Disclaimer and all the other documents supplied to you in connection with these Terms very carefully. DO NOT submit the online application form if You are unsure as to the effects of these Terms or the nature of the risks involved in Trading. By submitting the online application, You acknowledge that You have read the documents supplied and that You understand and accept the conditions of these Terms.

(c) The Company or any or all of its subsidiaries, affiliated companies, agents, employees, lawyers, trustees, bankers and/or officers do not regulate, oversee or verify the information published on this Website, including articles, trading information, quotes, et cetera which is provided as information only and shall not be deemed a Trading advise. Company’s sole responsibility and endeavor is to facilitate the Trading on the Website. The Company shall not be liable to denial of service on any grounds, whether general, personal or specific.

(d) THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR INFORMATION, SOFTWARE, PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTIES. ALL ISSUES RELATES TO THIRD PARTY SERVICES INCLUDING WITHOUT LIMITATION ROBOTS, ALGO TRADING, SIGNALS AND SOFTWARE PROVIDED BY A THIRD PARTY (AFFILIATE) SHALL BE HANDLED BETWEEN YOU AND SUCH THIRD PARTY. THE COMPANY DOESN’T ENDORSE ANY VENDORS OR HOLD ANY LIABILITY WITH RESPECT TO THEIR SERVICES OR PRODUCTS USED BY YOU.

(e) The Website may be, at any time and at Company’s sole discretion, off-line for maintenance or for any other reason. Furthermore, Trading may be denied temporarily, continually or indefinitely, at no liability to Company. The Company doesn’t guarantee that You will be able to access the Website at any time and location. Without limiting the foregoing, the Company will not be held responsible for an impossibility of executing Trading orders, due to letdowns in the operation of informational systems due to technical faults, which are beyond Company’s control.

(f) Neither the Company nor any of its respective affiliates, subsidiaries, agents, employees and officers warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and neither the Company nor any of its respective affiliates makes any commitment or assumes any duty to verify, validate or update such information, materials or services.The Company does not provide any Trading advisory service. All Trading, transactions, investments and decisions are at User’s sole discretion and risk.

(g) The Company or any or all of its subsidiaries, agents, employees and/or officers do not assume any responsibility and will not be liable for any damages or any viruses that may infect, Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from the Website.

(h) TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(i) AT ANY EVENT, COMPANY’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE FEES ACTUALLY RECEIVED BY THE COMPANY FROM THE USER IN THE COURSE OF YOUR TRADING UNDER THESE TERMS IN THE THREE (3) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

(j) ALL CLAIMS AGAINST COMPANY MUST BE SUBMITTED WITHIN 12 MONTHS OF THE OCCURANCE GIVING RISE TO THE CLAIM.

15. Revisions to these Terms and Conditions.
Without prejudice to the above, User acknowledges and accepts that COMPANY and its legal advisors are fully entitled at all times to amend, add to and/or revoke any and all of these Terms and Conditions, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective and binding upon being posted on Website. You should visit this page to review the then current Terms and Conditions binding on you. Certain provisions of these Terms and Conditions may be added to or superseded by legal notices or terms located on particular pages of this Website.

16. Termination.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. Except for the withdrawal of accumulated funds, you will not be entitled to any remedy for discontinuing the services, all subject to our WD policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

17. Additional Assistance.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at any time. This means you should contact us beforehand if anything of these Terms and Conditions is unclear, unfair or unacceptable to you.

18. Our Commitment to Security and Privacy.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the appropriate and reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Please see our Privacy Policy for further information.

19. Client Details.
(a) The individual or corporate details of the User, as the case may be, shall be those provided by the User in the account opening documents and in the Client’s questionnaire.

(b) The User undertakes the obligation to inform the Company immediately in writing of any change in these details, otherwise the Company shall not be liable for the execution of transactions which are based on the details provided to the Company prior to receiving notice of such change.

20. Confidentiality
(a) The Parties shall have a duty of confidentiality with respect to their relationship hereunder for the duration of these Terms as well as after its termination. Such confidentiality shall cover all communication, documentation or other information exchanged during the course of such relationship.

(b) The Company shall have the right, without giving prior notice to the User, to disclose such details of the transactions of the User or such other details as the Company may consider necessary in order to comply with applicable law, the requirements of any third person or other appropriate or regulating authority having the right to demand such disclosure or to comply with any obligation of the Company to proceed to the said disclosure to any third persons and inquiring bodies or law enforcement agencies.

21. Force majeure
Whilst the Company will endeavor to comply with its obligations in a timely manner, the Company will incur no liability whatsoever for any partial or non-performance of its obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss You may incur as a result thereof.

(a) Without prejudice to the generality of this clause, the following events shall be considered as an event of force majeure:
(i) where Company is (under its opinion) unable to maintain an orderly market as a consequence of civil unrest, terrorism, strikes, riots or power or communication failure;
(ii) excessive volatility in the financial markets;
(iii) suspension, closure or liquidation of underlying markets.

(b) Without prejudice to the generality of this clause, in the event of force majeure we will be entitled to:
(i) alter trading times;
(ii) alter the Margin Requirement;
or
(iii) close or cancel any open contracts/positions.

22. Notices
(a) Subject to any specific provision to the contrary in these Terms, any notice, orders, instructions, authorizations, requests or other communication which shall be given to the Company by the User under the Terms, shall be in writing and shall be dispatched to the address of the Company as available on the Website or to any other address which may be designated from time to time to the User for this purpose and shall be valid when it is actually received by the Company.

(b) Subject to any specific provision to the contrary, any written notice or other communication of documents by the Company to the User under these Terms, shall be given by hand or dispatched by mail, fax or electronic mail (or in any other manner the Company shall determine and notify the User accordingly) to the mail address, electronic mail or fax number provided by the User and shall be deemed to have been given in case of communication by mail when delivered to the said address or as the case may be, 7 days after it has been mailed in an envelope addressed to the User at the said mail address or in case of communication by fax or electronic mail when such has been sent.

23. Dispute Resolution; Arbitration.
These Terms and any transaction of the User shall be governed by and construed in accordance with the Laws of Estonia and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, liquidators, administrators, successors and permitted assigns.

All disputes arising out of or in connection with these Terms shall be finally settled by arbitration in accordance with the Rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry".

The Parties shall attempt to resolve all disputes relating to these Terms by negotiations. If the Parties fail to resolve the disputes relating to these Terms through negotiations, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Estonia in Tallinn (hereinafter: the “Arbitration Court”) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Estonia. The language of the Arbitration Court shall be English and the proceedings shall be carried out by a sole arbitrator whose ruling shall be final and binding upon the Parties. The parties irrevocably submit exclusively to the aforesaid arbitration and neither party will be entitled to submit the dispute to a court of its domicile.

24. Assignment to Third Parties
Unless the Heritage Agreement comes into force, the Terms shall be personal to the User and the User shall not be entitled to assign or transfer any of his rights or obligations under the Terms.

Company is fully entitled to assign, grant or transfer any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party.

25. Forbearance
Negligence, tolerance or forbearance on the part of any party with respect to its rights under these Terms shall in no way be deemed a silent or other waiver or abandonment of rights.

26. Partial invalidity
If any provision of these Terms shall be rendered invalid, illegal or non-enforceable it shall be deemed to be deleted to the extent necessary to rectify such invalidity, illegality or non-enforceability and all other provisions of the Terms shall remain valid and enforceable.

BONUS TERMS AND CONDITIONS
The Company may from time to time grant bonuses to certain Users all subject to Company’s sole discretion. Bonuses are not and shall at no event be deemed as an obligation of the Company. Bonuses are granted under the terms of the Bonus policy in place on the time the bonus is granted and is to amendments from time to time and with respect to each user depending on Company’s sole discretion. Bonus and one time trading credits are part of Company promotions program. To withdraw Your bonus, you will be asked to perform a certain trading volume. The bonus can be withdrawn subject to the restrictions of the bonus policy then in place and only when all conditions of such bonus policy are fully respected and fulfilled. Any withdrawal of funds from an account made before fulfilling the terms of the bonus policy will be immediately canceled and removed from the account.
Any indication of fraud, manipulation, cash back arbitrage or other forms of deceptive or fraudulent activity based on the provision of the bonus will invalidate the account and any profits or losses collected. In case your Account has been suspected for fraudulent activities, arbitrage or any other manipulation, Your account will be under close scrutiny. Likewise, no Trading benefits assigned to You will be valid in the instance of the inquiry. Please note that if ever it has been established that any activity on your trading account is of fraudulent nature after the inquiry, Your Trading account will be permanently frozen.

NOTE
Its against the law to solicit U.S. persons to buy and sell options, even if they are called ‘prediction’ contracts, unless they are listed for trading and traded on a CFTC-registered exchange or unless legally exempt.

WHOLE AGREEMENT
The Terms including the additional Policies provided on the Website and the Heritage Agreement, shall constitute the agreement between You and the Company in accordance with the provisions of the law and shall supersede any other written or oral communication. It is further provided that any other document or agreement, which has been or shall be signed by the You, shall be deemed to be incorporated into these Terms.