This Agreement sets forth the terms and conditions governing your Account at POLOINVEST LIMITED, and all Contracts and other transactions placed through this Account with POLOINVEST LIMITED.
2.DEFINITIONS AND COMMON TRADING TERMS
Definitions and common trading terms may be shown in bold or italics type the first time they are used in this Agreement.
3.SCOPE OF AGREEMENT
All transactions and all Contracts entered into between POLOINVEST LIMITED and the Customer, shall be governed by the terms of this Customer Agreement or any changes thereto that POLOINVEST LIMITED shall agree to or notify the Customer in writing that other or additional terms apply.
Any proposals for, additions to, or modifications of this Agreement, absent written agreement by an authorized person employed by POLOINVEST LIMITED to the contrary, are void and shall have no effect. This Agreement refers and extends to a potential relationship between the Customer and POLOINVEST LIMITED.
POLOINVEST LIMITED will facilitate a relationship between the Customer and a designated counterparty or counterparties in OTC Non-Deliverable Foreign Exchange (Currencies) ONLY on a SPOT SETTLEMENT BASIS as is commonly dealt in the international Interbank Market. At no time shall Customer funds be on deposit with POLOINVEST LIMITED or its technology partners or providers, except for times incidental to POLOINVEST LIMITED fulfilling its obligations under this Agreement.
Subject to the terms and conditions of this Agreement, the full completion of the Account Setup Requirements and acceptance of Customer’s Application to open an Account with POLOINVEST LIMITED, POLOINVEST LIMITED will cause to be opened and maintain Account(s) with a designated counterparty or counterparties for the purpose of engaging in cash settled transactions in Currencies markets on a spot settlement basis for the benefit of the Customer, and provide such other services and products as POLOINVEST LIMITED may, in its sole discretion, determine to offer in the future.
Unless expressly stated otherwise in writing, all Contracts and other transactions entered into between POLOINVEST LIMITED and Customer shall be governed by the terms of this Customer Agreement, including the Risk Disclosure Statement and POLOINVEST LIMITED Trading Policies as amended from time to time.
By checking the «I have read the agreement and I agree to the terms and conditions therein.» box constitutes your consent that communications be made via electronic media (including the Platform). Communications sent through the website or by electronic media shall be treated as satisfying any legal requirement that a communication should be signed and in writing, to the extent permitted by applicable law.
Customer acknowledges and understands that trading and investment in leveraged OTC Foreign Currency Contracts is highly speculative, involves an extreme degree of risk, and is generally appropriate only for persons who can assume risk of loss in excess of their Margin deposit.
Customer understands that because of the Low Margin/High Leverage normally available in Foreign Currency trading, price changes in Foreign Currency Contracts may result in significant losses. Such losses may substantially exceed Customer’s investment and Margin Deposit. By Customer directing POLOINVEST LIMITED to enter into any Foreign Currency Contract, any profit or loss arising as a result of a fluctuation in the exchange rate affecting such Currency will be entirely for the Customer’s account and risk.
Customer warrants that the Customer is willing and able, financially and otherwise, to assume the risk of Foreign Currency trading, and in consideration of POLOINVEST LIMITED carrying his/her Account(s), Customer agrees not to hold POLOINVEST LIMITED and its technology partners or technology providers responsible for losses incurred through following its trading recommendations or suggestions or those of its employees, agents or representatives.
Customer recognizes that guarantees of profit or freedom from loss cannot be given and it is impossible to predict performance in Foreign Currency trading.
Customer acknowledges that Customer has received no such guarantees from POLOINVEST LIMITED or from any of its representatives or any Introducing Broker or other entity with whom Customer is conducting his/her POLOINVEST LIMITED account and has not entered into this Agreement in consideration of or in reliance upon any such guarantees or similar representations.
All transactions effected for Customer’s Accounts and all fluctuations in the market prices of the Contracts carried in Customer’s Accounts are at Customer’s risk, and Customer shall be solely liable therefore under all circumstances. Customer represents and warrants that Customer is willing and financially able to sustain such losses, and that the trading of Spot Foreign Exchange (Currencies) is a suitable investment vehicle for the Customer.
POLOINVEST LIMITED is not responsible for delays or partial or total failures in any online (electronic) trading platforms or any communications facility or other causes beyond POLOINVEST LIMITED reasonable direct control.
The Customer understands and recognizes that the transactions to be conducted pursuant to this Agreement are NOT conducted on a regulated market or exchange. Customer represents that it is aware of the risks inherent in the trading of OTC Foreign Exchange (Currencies) and is financially able to bear such risks and withstand any losses incurred.
5.CUSTOMER’S REPRESENTATIONS AND WARRANTIES
As of the date hereof, the date of each Contract and other transaction in Customer’s Account and any date on which POLOINVEST LIMITED
Risk Disclosure Statement or Trading Policies are revised, updated or amended, Customer represents and warrants to POLOINVEST LIMITED and agrees for the benefit of POLOINVEST LIMITED that:
Customer is of sound mind, legal age and legal competence.
Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization.
Execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all Contracts and other transactions contemplated hereunder have been duly authorized by Customer.
Each person executing and delivering this Agreement and all Contracts and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder on behalf of Customer, has been duly authorized by Customer to do so.
Execution and delivery by Customer of this Agreement and all Contracts and other transactions contemplated hereunder, and performance of all of Customer’s obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.
Customer has full beneficial ownership of Customer’s Account. Customer has not granted and will not grant a security interest in Customer’s Account with POLOINVEST LIMITED (other than the security interest granted to POLOINVEST LIMITED hereunder) to any person without POLOINVEST LIMITED prior written consent.
Customer has full beneficial ownership of all collateral and will not grant any security interest in any Collateral to any person (other than the security interest granted to POLOINVEST LIMITED hereunder) without prior written consent of POLOINVEST LIMITED.
Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as POLOINVEST LIMITED, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of POLOINVEST LIMITED or to protect POLOINVEST LIMITED interests with respect to any Collateral.
Customer hereby warrants that regardless of any subsequent determination to the contrary, Customer is suitable to trade Foreign Currency and is a Sophisticated Foreign Exchange Investor that hereby expressly warrants freely and without any reservation that Customer has not been solicited by POLOINVEST LIMITED to enter into this Customer Agreement.
Customer has read and understands the Risk Disclosure Statement contained in this Agreement. Customer will review POLOINVEST LIMITED risk disclosures, including, without limitation, POLOINVEST LIMITED Risk Disclosure Statement, each time they are amended. Customer will not affect any opening transaction in Customer’s Account unless Customer understands POLOINVEST LIMITED revised risk disclosures, and Customer agrees that in effecting any opening transaction it is deemed to represent that it has read and understands POLOINVEST LIMITED revised risk disclosures as in effect at the time of such opening transaction.
Customer has read and understands the trading policies contained in this Agreement, including, without limitation, POLOINVEST LIMITED Trading Policies. Customer will review POLOINVEST LIMITED Trading Policies, including, without limitation, POLOINVEST LIMITED Trading Policies each time they are amended. Customer will not affect any opening transaction in Customer’s Account unless Customer understands POLOINVEST LIMITED revised Trading Policies, and Customer agrees that in effecting any opening transaction it is deemed to represent that it has read and understands POLOINVEST LIMITED revised Trading Policies as in effect at the time of such opening transaction.
Customer acknowledges that Customer has had the opportunity to conduct simulated trading using the POLOINVEST LIMITED Demo Trading Platform for a period that has allowed the Customer to develop a full understanding of the POLOINVEST LIMITED Internet Trading Platform, an online trading system for Spot Foreign Exchange real-time trading.
All information provided by Customer to POLOINVEST LIMITED, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify POLOINVEST LIMITED promptly of any changes in such information.
Any Customer of POLOINVEST LIMITED may be asked to comply with special requests as required by any applicable governmental or regulatory agency or any other similarly such authority having jurisdiction thereof. In addition, POLOINVEST LIMITED may be required to provide to an applicable governmental or regulatory agency with information regarding a Customer’s account(s). Failure by the Customer to respond to such inquiries may result in immediate prohibition of the trading in the Customer’s Account(s) with the exception of offsetting trades to existing open positions.
POLOINVEST LIMITED also reserves the right to liquidate open positions at the request of any governmental, regulatory or like such agency and perform other duties as instructed by such agencies. All Foreign Accounts with POLOINVEST LIMITED must copy and forward an official form of picture ID (i.e., Passport) and, upon request, provide a bank reference before the Customer is approved for trading.
7.1. ONLINE ACCESS
In order to use the Platform you will need to request a username and password («Access Code») from us. You will need to provide the Access Code each time you wish to use the Platform. In relation to the Access Code you acknowledge and undertake that: (a) you will be responsible for the confidentiality and use of your Access Code;(b) other than with our prior written consent, you will not disclose your Access Code to persons other than your authorized employees or representatives for any purpose whatsoever; © we may rely on all instructions, orders and other communications entered using your Access Code, and you will be bound by any transaction entered into or expense incurred on your behalf in reliance on such instructions, orders and other communications; and (d) you will immediately notify us if you become aware of the loss, theft or disclosure to any third party or of any unauthorized use of your Access Code. If we believe that your Access Code is being used without your knowledge by unauthorized persons, we may without prior notice suspend your rights to use the Platform. Further, if we believe that you have supplied your Access Code to other persons in breach of this clause, then we may terminate this Agreement forthwith.
You shall be solely responsible for making all appropriate arrangements with any telecommunications suppliers or, where access to the Platform is provided through a third party server, any such third party, necessary in order to obtain access to the Platform. Neither POLOINVEST LIMITED, its technology partners or technology providers, nor any company maintaining, operating, owning, licensing, or providing services to POLOINVEST LIMITED in connection with the Platform (a «Service Provider») makes any representation or warranty as to the suitability or otherwise of any such equipment, software or arrangements.
You will not use, or allow the use of, the Platform (i) in contravention of any laws, regulations or rules of any regulatory authorities to which you are subject; (ii) in any way (including without limitation posting information on the Platform where this facility is available) which is defamatory, obscene, abusive, indecent or menacing or which infringes any intellectual property rights or breaches obligations of confidence or which is otherwise illegal or unlawful; (iii) to introduce a software virus or other disruptive program or do any act which would cause the Platform to become unavailable for use by others; (iv) to solicit or encourage other Internet websites to frame or hypertext link direct to the Platform without the prior written consent of POLOINVEST LIMITED; or (v) in any way which is not authorized by POLOINVEST LIMITED or in breach of this Agreement.
Customer acknowledges that the Platform is provided for use only by POLOINVEST LIMITED and its customers. The Platform is not a futures exchange or a securities exchange.
7.2. AUTHORIZATION TO TRADE FOR CUSTOMER’S ACCOUNT
Subject to the terms of this Agreement and all related agreements, including the Risk Disclosure Statement and POLOINVEST LIMITED Trading Policies herein, the Customer Account Application and any applicable Addenda thereto, Customer authorizes POLOINVEST LIMITED and its technology partners and technology providers to instruct the designated counterparty or counterparties to enter, purchase, sell, and clear OTC Foreign Exchange Contracts on a spot basis for the Customer’s Account in accordance with Customer’s electronic, written or oral instructions received through the POLOINVEST LIMITED Internet Trading Platform, an online trading system.
Customer agrees to be responsible for any transaction instruction received by POLOINVEST LIMITED either electronically via the POLOINVEST LIMITED Internet Trading Platform. Before executing a transaction, POLOINVEST LIMITED will require the Customer at least to provide the Access Code authorization electronically via a login procedure. Correct information will authenticate the Customer and allow the Customer to conduct transactions in the authorized POLOINVEST LIMITED Account for that authentication.
If Customer’s Account is a joint account, POLOINVEST LIMITED is authorized to act on the instructions of any one owner without further inquiry, with regard to trading in the Account and/or the disposition of any and all assets in the Account. POLOINVEST LIMITED shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by POLOINVEST LIMITED and any of its employees in reliance on any such instructions or on the apparent authority of any such authorized person(s).
7.3. PRICING INFORMATION
POLOINVEST LIMITED will make available, through its technology partners, technology providers, and designated counterparty or counterparties, Bid and Ask Prices in Foreign Currency Contracts by posting on the POLOINVEST LIMITED Internet Trading Platform an online trading system, or by any other communicative means available to POLOINVEST LIMITED and it’s Customers. Each Bid or Ask Price shall be for a Spot Contract with a specified Value Date and for a specific Foreign Currency pair. POLOINVEST LIMITED makes no warranty expressed or implied; that Bid and Ask Prices shown represent prevailing bid and ask prices in the interbank market. In addition, although POLOINVEST LIMITED reasonably expects to make available continuous prices during business hours, because of a number of factors including but not limited to technology failures, communication system delays, lack of interbank liquidity or high market volatility, POLOINVEST LIMITED makes no warranties that dealing prices and liquidity will be available continuously to Customers.
7.4. EXECUTION OF ORDERS
Customer acknowledges, understands and agrees that all Market Orders and non-Market Orders such as Limit Orders, Stop-Loss Orders, One Cancels the Other Orders, or any other non-Market Order transmitted and accepted by the designated counterparty or counterparties, are undertaken on a «best-efforts basis» in accordance with the relevant provisions of the Trading Policies, as amended from time to time. The Customer acknowledges, however, that due to market conditions or other circumstances, the counterparty may be unable to execute the Order at the Market or specified level and the Customer agrees that POLOINVEST LIMITED and its technology partners and technology providers will bear no liability for failure to execute such orders.
This includes but is not limited to all Orders that are entered over a weekend or holiday period. In such circumstances, orders will be executed on a «best-efforts basis» once the market is reopened on the next business day. Customer acknowledges that execution may not be immediate or at the price dictated by the opening level due to imbalances in Orders, market conditions, market liquidity or other circumstances.
POLOINVEST LIMITED and its technology partners and technology providers shall have no responsibility for delays in the transmission of Orders due to disruption, market conditions, failure or malfunction of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, to any person or entity, including POLOINVEST LIMITED and its technology partners and technology providers, or the designated counterparty or counterparties, as a result of negligence.
7.5. POSITIONS AND ORDERS LIMITATIONS
POLOINVEST LIMITED reserves the sole discretionary right to limit the number of Open Positions which Customer may enter, acquire or maintain with the designated counterparty or counterparties, to refuse acceptance of any Order entered by Customer or to alter its dealing relationship with the Customer to include or exclude use of any electronic trading network or other trade execution method in any manner and to any extent.
POLOINVEST LIMITED retains the right to net all hedged positions at the end of each month at their sole discretion.
7.7. MARGIN REQUIREMENTS
Customer shall provide and maintain margin with the designated counterparty or counterparties in such amounts and in such forms as may be required by the counterparty in its sole discretion. Customer acknowledges that the counterparty reserves the right to change the margin requirements at any time.
Any requirement for margin payments must be satisfied within such time as may be specified by the counterparty. Customer will be notified by POLOINVEST LIMITED of such changes in margin requirements.
7.8.1. OVER-THE-WEEKEND LEVERAGE
The maximum leverage will be set up to 1:100 each Friday or the last day before holiday, 5 hours before the market closing on the weekend or any other holiday. It will be reverted back to your leverage choice automatically on Monday, 2 hours after the market opens.
POLOINVEST LIMITED has the right to change the customer’s account leverage (higher or lower) without prior notice according to the conditions described on the website of the POLOINVEST LIMITED.
POLOINVEST LIMITED has the right to change the customer’s account leverage (higher or lower) if customer’s trading style is considered high risk for the company and notices the customer of any leverage change made to the account
7.9. NEGATIVE EQUITY
If a Stop Out or Stop Loss execution has resulted in a negative Equity of the Customer’s Trading Account, the Customer shall be liable for this loss and must make a payment of the full and total amount due immediately.
In order to secure any indebtedness or other obligations at any time owing from Customer to POLOINVEST LIMITED, including, without limitation :
indebtedness or other obligations under any Account, Contract or other transaction with POLOINVEST LIMITED ; OR
any indebtedness or other obligations resulting from any guarantee by Customer of any Account, Contract or other transaction with POLOINVEST LIMITED , Customer hereby assigns, pledges and grants to POLOINVEST LIMITED a security interest in and right of setoff against:
(i) all of Customer’s Accounts with POLOINVEST LIMITED;
(ii) all Contracts, cash and other property in Customer’s Account at POLOINVEST LIMITED or delivered or otherwise provided by Customer to secure its indebtedness or other obligations to POLOINVEST LIMITED or in POLOINVEST LIMITED possession or control for any purpose (including safekeeping); and
(iii) all products and proceeds of the foregoing (collectively, (i), (ii) and (iii) are referred to as «Collateral»).
In the event of indebtedness of Customer to POLOINVEST LIMITED for reasons including but not limited to (8.1.1) and (8.1.2) outlined above, POLOINVEST LIMITED shall have the right to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any Collateral it holds (including, but not limited to, using the Contracts as collateral for a loan to POLOINVEST LIMITED ) free from any claim or right of any nature whatsoever of the Customer, including any equity or right of redemption by the Customer and to register any Collateral in the name of POLOINVEST LIMITED , its custodian or a nominee for either.
Any failure by POLOINVEST LIMITED to enforce its rights hereunder shall not be deemed a future waiver of such rights by POLOINVEST LIMITED.
POLOINVEST LIMITED is irrevocably appointed as attorney-in-fact for Customer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that POLOINVEST LIMITED deems necessary or desirable to evidence or to protect POLOINVEST LIMITED interest with respect to any Collateral.
In the event that the Collateral deemed acceptable to POLOINVEST LIMITED («Eligible Collateral») is at any time insufficient to satisfy Customer’s indebtedness or other obligations to POLOINVEST LIMITED, including obligations to provide Margin in accordance with Trading Policies and Paragraph 7 hereof, Customer shall promptly pay upon demand the entire amount of such deficit in accordance with Trading Policies and Paragraph 8 hereof.
Any and all Contracts and transactions made and entered into as a result of Customer directing such Contracts and transactions, are made and entered into by POLOINVEST LIMITED and its technology partners and technology providers on behalf of the Customer.
Customer understands that POLOINVEST LIMITED and its technology partners and technology providers do not act as counterparty, broker, intermediary, agent, and advisor or in any fiduciary capacity.
The Customer understands and recognizes that any and all transactions and Contracts entered as a result of Customer directing POLOINVEST LIMITED to enter into such transactions and Contracts may be entered by POLOINVEST LIMITED, with financial institutions including, without limitation banks, clearing institutions and Foreign Exchange dealers at the sole discretion and option of POLOINVEST LIMITED and its technology partners and technology providers.
Customer represents, agrees and authorizes POLOINVEST LIMITED to deliver, sell, purchase and clear with the designated counterparty or counterparties any and all Customer’s Contracts.
Customer shall guarantee and hold POLOINVEST LIMITED and its technology partners and technology providers harmless against any loss it may sustain thereby.
POLOINVEST LIMITED is not an authorized credit institution licensed to conduct deposit business. Accordingly, all monies will be held by the counterparty and not by POLOINVEST LIMITED, or any of its affiliates, technology providers or technology partners, as a trustee or agent. Customer hereby acknowledges that all monies with respect to trades placed pursuant to the terms of this agreement, may not be segregated on its behalf. Customer expressly agrees to indemnify and hold harmless POLOINVEST LIMITED, its technology partners and technology providers from any and all claims against it by customers with respect to monies given or deposited.
In the absence of an offsetting or closing liquidation trade done prior to the close of business, POLOINVEST LIMITED is authorized to rollover all or any portion of the Foreign Currency Positions in Customers Account at POLOINVEST LIMITED’s absolute discretion and at Customer’s risk to the next settlement spot date. Rollovers will be executed at rates determined by POLOINVEST LIMITED and at POLOINVEST LIMITED’s absolute discretion.
Rollover debits or credits will be reflected in the Customer’s Account at a time after the normal close of the business day for POLOINVEST LIMITED. POLOINVEST LIMITED reserves the right to change at its sole discretion, any rollover debits or credits at any time if POLOINVEST LIMITED, at its sole discretion deems that the amount debited or credited was in error.
11. LIQUIDATION OF ACCOUNTS AND DEFICIT BALANCES
In the event of :
the death or declaration of incompetence of Customer;
the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer;
the filing of an attachment against any of Customer’s Accounts carried by POLOINVEST LIMITED ;
insufficient Margin, or POLOINVEST LIMITED determination that any Collateral deposited to protect one or more Accounts of Customer is inadequate, regardless of current market quotations, to secure the Account;
Customer’s failure to provide POLOINVEST LIMITED any information requested pursuant to this Agreement; or
any other circumstances or developments that POLOINVEST LIMITED deems appropriate for its protection; in POLOINVEST LIMITED’s sole discretion it may take one or more or any portion of, the following actions:
satisfy any obligation Customer may have to POLOINVEST LIMITED, either directly or by way of guaranty of surety, out of any of Customer’s funds or property in its custody or control;
sell or purchase any or all Foreign Currency Contracts or other property held or carried for Customer,
cancel any or all outstanding Orders or Contracts, or any other commitments made on behalf of Customer. Any of the above actions may be taken without demand for Margin or additional Margin, without prior notice of sale or purchase or other notice to Customer, Customer’s personal representatives, heirs, executors, administrators, trustees, legatees, or assigns, and regardless of whether the ownership interest shall be solely that of the Customer or be held jointly with others. Customer shall at all times be liable for the payment of any deficit balance in Customer’s Account upon demand by POLOINVEST LIMITED and, in all cases, Customer shall be liable for any deficiency remaining in Customer’s Account in the event of the liquidation thereof in whole or in part by POLOINVEST LIMITED or by Customer.
In the event that the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of Customer due to POLOINVEST LIMITED, Customer shall promptly pay upon demand the entire amount of any such deficit, together with all other deficits and all unpaid liabilities of Customer. Included are all costs of enforcement and collection, such as, but not limited to, actual attorneys’ fees, disbursements, travel and other expenses, interest on any such deficit and liabilities at a rate equal to five (5) percentage points above the then prevailing prime rate at POLOINVEST LIMITED’s principal bank or the maximum interest rate allowed by law, whichever is lower and any other cost incurred by POLOINVEST LIMITED. In the event POLOINVEST LIMITED incurs expenses other than those for collection of deficits with respect to Customer’s Account, Customer agrees to pay all such expenses in full.
Customer shall pay the obligation within 2 business days of the obligation arising
In the event that the Customer account’s margin level (equity devided by used margin) falls below the determined stop-out level according to account’s trading specification, POLOINVEST LIMITED reserves the right to execute stop-out procedure. Stop out is executed at the next best price available. In case Customer has several opened positions, the first position to close will be the one with the highest floating loss. Stop-out levels may be increased during periods of high market volatility and/or abornal market conditions.
POLOINVEST LIMITED reserves the right to change its fee structure at any time at its sole discretion.
POLOINVEST LIMITED will charge for incidental banking related fees such as wire transfers for deposits/withdrawals and returned check fees.
POLOINVEST LIMITED will also charge Customer for the purchase of optional, value added services as may be offered by POLOINVEST LIMITED from time to time.
13. CUSTOMERS WHO ARE INTRODUCED TO POLOINVEST LIMITED BY A REFERRING AGENT OR THIRD PARTY ADVISOR
If an Introducing Broker or Third Party Advisor introduces the Customer to POLOINVEST LIMITED, the Customer understands that POLOINVEST LIMITED may pay fees, commissions or other compensation to such person or entity for the introduction.
Customer acknowledges and agrees that as an Introducing Broker or Third Party Advisor to POLOINVEST LIMITED, the Introducing Broker or Third Party Advisor does not hold or collect any funds on behalf of POLOINVEST LIMITED or for the Customer’s Account.
POLOINVEST LIMITED does not control and cannot endorse or vouch for the accuracy of any information or advice Customer may have or will receive by the Introducing Broker or Third Party Advisor. Included in the information and advice without limitation are actual or implied promises made by the Introducing Broker regarding the future profit or losses in Customer Accounts as a result of third party trading systems, research reports, market trading advice or interpretation of economic news and events. If Customer receives information or trading advice from an Introducing Broker or Third Party, POLOINVEST LIMITED shall in no way be held responsible for any loss resulting from the Customers use of information or advice.
POLOINVEST LIMITED provides or otherwise makes available a POLOINVEST LIMITED Risk Disclosure document to Customers when they open accounts.
Any Customer introduced by Introducing Brokers or Third Parties should carefully read the POLOINVEST LIMITED Account Application, POLOINVEST LIMITED Risk Disclosure Document and POLOINVEST LIMITED Trading Policies herein and should not rely on information supplied by the Introducing Broker or Third Party. Customer should understand that Introducing Brokers or Third Party Advisors are often not regulated by a government agency and that the Introducing Broker or Third Party Advisor shall have the right to access information regarding the account of the Customer including but not limited to account information, Customer address, phone number, email address. The Introducing Broker or Third Party Advisor will not have trade authorization privileges unless granted in writing by the Customer via the signing of a Power of Attorney document authorizing the trading.
14. REFERRING AGENT RESPONSIBILITY TO POLOINVEST LIMITED AND TO THEIR CLIENTS
Referring Agent have certain responsibilities to clients and POLOINVEST LIMITED with respect to their introduced accounts:
1. Responsible for communicating with their introduced clients investment objectives and investment opportunities given those objectives,
2. Responsible for complying with all legal requirements, rules and regulations applicable to being a licensed Introducing Broker
3. Responsible for complying with all legal requirements, rules and regulations applicable to their Customers
4. Determining any commission structure and communicating the structure to the introduced clients.
The Referring Agent will not be responsible for:
i. The Opening of the Account including, but not limiting to the approving, servicing and monitoring of Customer’s Accounts(s) and obtaining and verifying account information as is required by the law and regulation,
ii. Collecting funds from the clients for the purpose of facilitating margin Foreign Exchange trading or satisfying margin requirements,
iii. Executing any transactions or accepting any orders for the Customer’s Account(s), or performing any action that would cause or appear to cause a change in Customer position or Account Value, including but not limited to rolling over spot positions, liquidating positions, paying interest, requiring margin, or accepting additional funds or paying out funds to the Customer,
iv. Providing any account statements to the Customers,
v. Responding to complaints or inquiries.
15. STATEMENTS AND CONFIRMATIONS
Confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s POLOINVEST LIMITED Margin Monitor, POLOINVEST LIMITED Open Positions window, Account Statement Report and in their Trade History Report.
Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected in writing within three (3) Business Days after the transmission to Customer.
Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email.
Written objections on Customer’s part shall be directed to POLOINVEST LIMITED,
Attn: Client department,
and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by POLOINVEST LIMITED, or POLOINVEST LIMITED agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the trade.
Pending Orders or trades executed while the Customer is offline will be reflected in the Customers POLOINVEST LIMITED Open Position window, in the POLOINVEST LIMITED Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the POLOINVEST LIMITED application.
Customer’s Account statements will be available online in the Reports section of the POLOINVEST LIMITED Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by POLOINVEST LIMITED to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond POLOINVEST LIMITED’s reasonable control.
Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to POLOINVEST LIMITED’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information.
No provision of this Agreement shall operate to prevent POLOINVEST LIMITED from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Account in the same position in which it would have been had the error not occurred. POLOINVEST LIMITED reserves the right to be the final arbiter as related to disputed Orders.
Reports, statements, notices and any other communications may be transmitted to Customer at the address set forth herein, or to such other address as Customer may from time to time designate in writing to POLOINVEST LIMITED. All communications sent, whether by mail, telegraph, e-mail, fax, messenger or otherwise, shall be deemed transmitted by POLOINVEST LIMITED when deposited in the mail, or when received by a transmitting agent, or communications or recording device, designated by Customer or otherwise within Customer’s actual or constructive control, and such communication shall be deemed delivered to Customer personally, whether actually received by Customer or not, and Customer hereby waives all claims resulting from failures to receive such communications. All communications sent by Customer shall not be deemed effective until accepted by POLOINVEST LIMITED.
Customer shall notify POLOINVEST LIMITED immediately of any change in Attn: Client department,
17. FORCE MAJEURE
POLOINVEST LIMITED and its technology partners and technology providers shall not be liable to the Customer for any loss, cost, damage or expense sustained or incurred by the Customer, directly or indirectly, by reason of any cause beyond POLOINVEST LIMITED’s control, including but not limited to, natural disasters, acts of God, civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to POLOINVEST LIMITED or its technology partners and technology providers, Customer or any market or any settlement or clearing system.
18. TRADING RECOMMENDATIONS
Customer acknowledges, understands and agrees that
(i) any market recommendations and information communicated to Customer by POLOINVEST LIMITED or any Introducing Broker affiliated with POLOINVEST LIMITED do not constitute an offer to sell or the solicitation of an offer to buy any Foreign Currency Contract;
(ii) such recommendation and information, although based upon information obtained from sources believed by POLOINVEST LIMITED to be reliable, may be incomplete and may be unverified; and
(iii) POLOINVEST LIMITED makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to Customer; and
(iv) Customer further acknowledges that, should Customer grant trading authority or control over Customer’s Account to a third-party (Authorized Agent), whether on a discretionary or non-discretionary basis, POLOINVEST LIMITED shall in no way be responsible for reviewing Customer’s choice nor making any recommendations with respect thereto.
19. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Platform may incorporate third party data, text, images, software, multi-media materials and other content («Third Party Content») and references to the term «Platform» shall be taken to include all materials, content and services made available from time to time on the Platform whether viewed on screen or downloaded to another computer including without limitation Third Party Content. The Platform is protected by copyright, database rights and other intellectual property rights. You acknowledge that we and/or third parties retain all right, title and interest in and to the Platform. Use of the Platform does not confer any ownership rights in the Platform.
Except as otherwise specifically agreed in writing or to the extent necessary for you to view the Platform in accordance with this Customer Agreement, you shall not:
(i) copy the Platform in whole or in part (except to make backup copies solely for disaster recovery purposes);
(ii) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit the Platform in whole or in part;
(iii) embed the Platform into other products;
(iv) use the Platform in any timesharing arrangement;
(v) create function calls or other embedded links from any software program to the Platform;
(vi) remove or obscure any copyright notice;
(vii) use any trademarks, service marks, domain names, logos, or other identifiers of third party suppliers or
(viii) save to the extent permitted under by law, reverse engineer, decompile, disassemble, or access the source code of the Platform.
The Platform may contain links to other websites which are not controlled by us or any Service Providers and contain material produced by independent third parties. The owners of such linked websites do not necessarily have any relationship, commercial or otherwise, with us. The existence of a link from the Platform to any third party website does not constitute a recommendation or other approval by us or any Service Provider of such website its content or any provider thereof. Any opinions or recommendations expressed on third party websites are those of the relevant provider and are not the opinions or recommendations of ours or any Service Provider. Neither we nor any Service Provider accepts any responsibility for content provided on any website that may be accessed through links on the Platform.
Customer agrees to indemnify and hold POLOINVEST LIMITED, its technology partners, technology providers, affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by POLOINVEST LIMITED arising out of Customer’s failure to fully and timely perform Customer’s agreements herein or should any of the representations and warranties made by Customer herein or at any time fail to be true and correct. Except as otherwise expressly stated herein, Customer also agrees to pay promptly to POLOINVEST LIMITED all damages, costs and expenses, including attorney’s fees, incurred by POLOINVEST LIMITED in the enforcement of any of the provisions of this Agreement, any other agreements between POLOINVEST LIMITED and Customer, and any Contracts and other transactions hereunder.
Customer agrees not to take action in any public forum, community and/or social media that threatens to stain the reputation of the company regarding company’s service and/or decision regarding any dispute resolution that has already been executed correctly as per the Customer Agreement. POLO INVEST has the right to pursue the customer for compensation and reimbursement of all costs associated with any such action
21. DISCLOSURE AND FINANCIAL INFORMATION
The Customer represents and warrants that the financial information disclosed to POLOINVEST LIMITED in this document and any and all documents provided by Customer in connection with the Customer’s Account are an accurate representation of the Customer’s current financial condition, trading experience and the level of investment sophistication. The Customer additionally represents to POLOINVEST LIMITED that the information provided by the Customer in connection with this Agreement is full, complete and accurate and POLOINVEST LIMITED is entitled to rely on this information until POLOINVEST LIMITED receives written notice from the Customer of any change in such information. The Customer represents and warrants that the Customer has very carefully considered the portion of the Customer’s Assets which the Customer deems to be Risk Capital; the Customer recognizes that Risk Capital is the amount of money the Customer is willing to put at risk and if lost would not, in any way, change the Customer’s life style or otherwise materially effect Customer.
22. DISCLOSURE AND CUSTOMER INFORMATION
POLOINVEST LIMITED will not share or sell information regarding its customers and/or prospective customers, except to its technology partners and technology providers, employees, agents, affiliates, partners, and associates as reasonably required in the ordinary course of POLOINVEST LIMITED business, including, but not limited to, POLOINVEST LIMITED banking or credit relationships.
POLOINVEST LIMITED may also disclose to federal or state regulatory agencies and law enforcement authorities’ information regarding Customer and Customer’s transactions in response to a request for such information and may disclose information regarding Customer and Customer’s transactions in response to a court order or subpoena.
23. JOINT ACCOUNTS AND TRUST ACCOUNTS
If more than one natural person as the Customer executes this Agreement, all such natural persons agree to be jointly and severally liable for the obligations assumed in this Agreement. If this Agreement is executed by a trust, partnership or unincorporated association, the Customer hereby agrees to indemnify, defend, save and hold harmless and free POLOINVEST LIMITED for any losses, claims, costs, damages and expenses resulting directly or indirectly from breach of any fiduciary or similar duty or allegation thereof.
Customer understands, acknowledges and agrees that POLOINVEST LIMITED may amend or change this Agreement, including the Annexes hereto, at any time. POLOINVEST LIMITED will provide notice to Customer of any such amendment or change by sending an e-mail message to Customer and by posting the amendment or change on POLOINVEST LIMITED Website (http://www.poloinvest.com).
Customer agrees to be bound by the terms of any such amendment or change. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by POLOINVEST LIMITED or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable.
This Agreement shall continue in effect until termination, and may be terminated by Customer at any time when Customer has no open Foreign Currency Positions and/or no liabilities held by or owed to POLOINVEST LIMITED, upon the actual receipt by POLOINVEST LIMITED of written notice of termination.
This agreement may be terminated by POLOINVEST LIMITED at any time whatsoever upon the transmittal of written notice of termination to Customer; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set forth in this Agreement. Any such notice of termination by POLOINVEST LIMITED shall not relieve Customer of any obligations arising out of any deficit balance.
26. ENTIRE AGREEMENT
This Agreement, together with the full Customer Account Application, Trading Policies and Risk Disclosure Statement and all applicable written Addenda thereto, embodies the entire agreement of the parties, superseding any and all prior written and oral agreements. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be unlawful, prohibited by or invalid under applicable law, then such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or any of the remaining provisions of this Agreement.
Customer acknowledges and agrees that any and all conversations between customer and POLOINVEST LIMITED personnel, including but not limited to principals, agents, employees or associates may, at the sole option and discretion of POLOINVEST LIMITED, be recorded electronically with or without the use of an automatic tone warning device.
Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Customer or POLOINVEST LIMITED. Customer understands that POLOINVEST LIMITED destroys such recordings at regular intervals in accordance with POLOINVEST LIMITED established business procedures and at its sole discretion, and Customer hereby consents to such destruction.
28. BINDING EFFECT
This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or re-opened with POLOINVEST LIMITED, irrespective of any change or changes at any time in the personnel of POLOINVEST LIMITED or its successors, assigns, or affiliates.
This Agreement, including all authorizations, shall inure to the benefit of POLOINVEST LIMITED and its successors and assigns, whether by merger, consolidation, or otherwise, and shall be binding upon Customer and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Customer.
Customer hereby ratifies all transactions with POLOINVEST LIMITED affected prior to the date of this Agreement, and agrees that the rights and obligations of Customer in respect thereto shall be governed by the terms of this Agreement.
29. LAW AND JURISDICTION
This Agreement shall be governed by, and construed in accordance with the laws of Hong Kong without giving effect to conflict of laws provisions. With respect to any suit, action or proceeding («Proceeding») relating to this Agreement, the Customer irrevocably
(i) submits to the exclusive jurisdiction of the Hong Kong Courts;
(ii) agrees to service of process in any legal proceeding by sending copies thereof by registered or certified mail, if practicable (postage prepaid), or by telex or facsimile to the other party at the address set forth in the Customer Account Application (where service of process is being made by POLOINVEST LIMITED ) ;
(iii) waives any objection which it may have at any time to the laying of venue of any Proceeding brought in any such court, waives any objection which it may have at any time to the laying of venue of any Proceeding brought in any such court, waives any claim that such Proceeding have been brought in an inconvenient forum, and
(iv) further waives the right to object, with respect to such Proceeding, that such court does not have jurisdiction over such part.
30. ACCEPTANCE OF THE AGREEMENT
This Customer Agreement shall be accepted by POLOINVEST LIMITED and will become a legally binding contract between Customer and POLOINVEST LIMITED when the Customer Application is filled out in its entirety, and when all documents including the Customer Agreement, signed by the Customer, and accepted and signed by a qualified representative of POLOINVEST LIMITED.
31.POLOINVEST LIMITED RISK DISCLOSURE STATEMENT
Trading in margined foreign exchange involves a high degree of risk including the risk of loss of the Customer’s entire Risk Capital. Losses, in some cases, have the potential to extend beyond the Customers Account Value.
POLOINVEST LIMITED requires all the undersigned Customer(s) to analyze their financial objectives, financial status, investment constraints and tax situation to determine whether OTC Foreign Exchange trading is suitable. In addition, we require our Customers to carefully and acknowledge the POLOINVEST LIMITED Risk Disclosure Statement that outlines without limitation the risks associated with trading margined foreign exchange through POLOINVEST LIMITED.
By signing this Agreement the Customer understands and agrees that:
31.1. OTC MARGINED FOREIGN EXCHANGE TRADING INVOLVES A HIGH AMOUNT OF RISK AND IS HIGHLY SPECULATIVE
By signing the Risk Disclosure Statement, the Customer(s) agrees that they are in full understanding and willing to assume the legal, economic, and other risks associated with the trading in margined OTC Foreign Exchange, and are willing and able to assume the loss of their entire Risk Capital, defined as those funds, that if lost, would not change your lifestyle or your family’s lifestyle. As such, they further agree that margined OTC Foreign Exchange trading is not suitable for Retirement Funds. POLOINVEST LIMITED encourages Customers to closely manage outstanding open positions and to use prudent money management precautions such as, but not limited to, Stop Loss Orders.
31.2. EXCESSIVE LEVERAGE AVAILABLE WITH MARGINED OTC FOREIGN EXCHANGE CAN LEAD TO QUICK LOSSES
By signing the Risk Disclosure Statement, the Customer(s) aggress that using a high degree of leverage, defined as the use of a small amount of capital to control a larger amount of an Open Position, can result in large losses due to a price change(s) of open Foreign Currency Contract(s). POLOINVEST LIMITED encourages its Customers to use only that portion of leverage that the Customer is most comfortable with and to use money management precautions such as, but not limited to, Stop Loss Orders for the purpose of limiting risk. POLOINVEST LIMITED reserves, at its sole discretion, the right to reduce or increase the amount of leverage given on any Currency Pair at any time and without notice.
31.3. OTC MARGINED FOREIGN EXCHANGE TRADING EXPERIENCE PERIODS OF LIQUIDITY RISK
By signing the POLOINVEST LIMITED Risk Disclosure Statement, the Customer acknowledges that Liquidity Risk, resulting from decreased liquidity of a currency pair, is usually due to unanticipated changes in economic and/or political conditions. Customer also acknowledges that Liquidity Risk can affect the general market in that all participants experience the same lack of buyers and/or sellers. When liquidity decreases, Customers can expect, at the minimum, to have wider bid to ask spreads as the supply of available bid/ask prices, outstrips the demand.
Decreases in liquidity can also result in «Fast Market» conditions where the price of a currency pair moves sharply higher or lower or in a volatile up/down pattern without trading in an ordinary step-like fashion. In some instances, there may exist the possibility that a trading bid and/or ask price for a foreign exchange pair or pairs are not available (a situation where there is no liquidity). Although there may be instances when the aggregate OTC foreign exchange market enters a «Fast Market» situation or periods where liquidity is in short or no supply, it is important to note that, the Platform’s prices, bid/ask spreads and liquidity will reflect the prevailing interbank market liquidity.
Customer’s who do not have adequate margin will have their accounts liquidated:
Because of the leverage available with OTC Margined Foreign Exchange Trading and the potential for extreme volatility, POLOINVEST LIMITED reserves the sole discretionary right to liquidate Customer’s Account(s) should the Margin in the Account not be sufficient to cover the potential risk of loss.
POLOINVEST LIMITED graphically shows the Customer’s Liquidation Level on the Customers POLOINVEST LIMITED Margin Monitor.
31.4. THERE IS A COMMUNICATION RISK THAT THE CUSTOMER ASSUMES
Customer is solely responsible for making all appropriate arrangements with any telecommunications suppliers or, where access to the Platform is provided through a third party server, any such third party, necessary in order to obtain access to the Platform. POLOINVEST LIMITED will not accept orders over the telephone. In the event of an emergency loss of internet access, POLOINVEST LIMITED may be able to take a close order over the telephone. There exists the risk that the Customer will not be able to contact or make contact with the POLOINVEST LIMITED representative due to but not limited to, communication malfunction or any other malfunction.
The Customer acknowledges and agrees that they will hold harmless POLOINVEST LIMITED, its technology partners and technology providers for any loss or missed trading opportunity resulting from any communication problems the Customer may encounter.
Any given price by a POLOINVEST LIMITED representative over the telephone prior to execution is considered indicative. POLOINVEST LIMITED reserves the right to change the indicative price given over the phone if the actual dealing price is different due to market conditions, misquote or volatility.
POLOINVEST LIMITED is not responsible for Customer telephone orders if the Customer cannot be heard or understood by the POLOINVEST LIMITED representative due to, without limitation, accent, speech defect, faulty connection, or excessive background noise at the Customers location or at POLOINVEST LIMITED.
To better insure execution, POLOINVEST LIMITED requires that Customers communicate in English when giving orders.
POLOINVEST LIMITED cannot guarantee that telephone orders given in a foreign language will be executed.
31.5. POLOINVEST LIMITED DOES NOT TAKE RESPONSIBILITY FOR THIRD PARTY ACCOUNT MANAGERS
Should a Customer grant a Third Party Account Manager trading discretionary trading authority or control over a Customers Account, the Customer acknowledges that POLOINVEST LIMITED does not take any responsibility for any action done by that Third Party on the Customer’s behalf. The Customer grants Third Party trading authority for the Customers Account at it sole, and full risk. POLOINVEST LIMITED reserves the right to correct any deals executed on misquoting errors: In the case when a quoting error occurs that results in a Customer deal done at an off-market price, POLOINVEST LIMITED reserves the sole discretionary right to make the necessary corrections and adjustments to the Customer’s Account whether it be in the favor of the Customer or not in the Customer’s favor. Any change will be reported to the Customer either verbally or via an electronic method such as but not limited to email.
31.6. ALL MARKET RECOMMENDATIONS MADE BY POLOINVEST LIMITED OR ANY REPRESENTATIVE OF POLOINVEST LIMITED ARE FOR INFORMATIONAL PURPOSES ONLY
Any decision by the Customer to buy or sell a Foreign Currency pair is an independent decision by the Customer. Market recommendations made by POLOINVEST LIMITED or a representative of POLOINVEST LIMITED do not constitute an offer to sell or buy any Foreign Currency pair from POLOINVEST LIMITED or from any other source that may provide dealing prices to the Customer. POLOINVEST LIMITED and it’s employees are not investment advisor(s) and has no fiduciary duty to Customer and therefore is not liable for any losses incurred by the Customer as a result of information or any recommendations made by POLOINVEST LIMITED or representative of POLOINVEST LIMITED.
Customer is at Risk if POLOINVEST LIMITED should go out of Business. There is no guarantee that POLOINVEST LIMITED as a business will be profitable. Consequently, there exists a credit risk that POLOINVEST LIMITED may be subject to losses, which could, in turn, jeopardize the capital that the Customers have in their Accounts.
Customer acknowledges that in the event of insolvency, the Customer can only look to POLOINVEST LIMITED for performance and return of all Collateral and Margin that the Customer may have at POLOINVEST LIMITED.
31.7. POLOINVEST LIMITED MAY DECIDE TO EXIT THE OTC MARGINED FOREIGN EXCHANGE BUSINESS
The Customer agrees and acknowledges that POLOINVEST LIMITED may liquidate all Customer positions, and return margined funds to the Customer at the sole discretion of POLOINVEST LIMITED, at any time and for any reason. POLOINVEST LIMITED Customers do not hold POLOINVEST LIMITED liable for any loss as a result of liquidation of the Customers position either on an actual basis or as a result of missed profit opportunities.
31.8. CUSTOMERS ARE RESPONSIBLE FOR ANY REPORTING ERRORS
Any reporting and confirmation errors of omission, and/or errors in details of transactions including but not limited to the price contracts were executed, the currency pair traded, the market direction (i.e. «buy» or «sell») of order, the type of order and/or any errors in fees, charges or credits to the Customers Account including but not limited to charges for executing a transaction, wiring funds, rolling over position, and sweeping foreign currency balances into the home currency, require that the customer notify POLOINVEST LIMITED immediately upon discovery for review. In addition, the Customer is responsible to submit any errors in writing to POLOINVEST LIMITED and send the complete details to Attn: Customer Objections, by Email to admin@POLO INVEST.com. Notice shall be deemed received only if return receipt requested.
31.9. POLOINVEST LIMITED HAS LIMITED LIABILITY
The Customer agrees and acknowledges that POLOINVEST LIMITED and its technology partners and technology providers shall not be liable to the Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees caused directly or indirectly by any events, actions or omissions, without limitation, claims, losses, damages, costs and expenses, including attorney’s fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limits, exchange controls, forfeitures, devaluations and nationalizations), natural disasters, acts of God, market conditions, communication problems or any delay, disruption, failure of any transmission or communication system or computer hardware or software application whether supplied and belonging to POLOINVEST LIMITED or from a third party vendor that the Customer and POLOINVEST LIMITED relies on to conduct execution and reporting services.
31.10. REGULATORY MATTERS
POLOINVEST LIMITED makes no representations as to requirement of the POLOINVEST LIMITED or the Customer to register with any regulatory body or agency.
POLOINVEST LIMITED assumes no responsibility for an action taken by any regulatory body or agency against a Customer arising from services provided by this Agreement. Customer acknowledges that it has had an opportunity to have this Agreement reviewed by legal counsel of its choosing.
Customer acknowledges, represents and warrants that POLOINVEST LIMITED, its technology partners and technology providers are not a counterparty under this Agreement and do not assume any responsibilities associated with a counterparty in the FOREX market or otherwise.
This representation shall not be deemed waived by any action or inaction taken by POLOINVEST LIMITED, its technology partners and technology providers, or the Customer at any time during the term of this Agreement.
32. POLOINVEST LIMITED TRADING RULES AND REGULATIONS
32.1. THE FOLLOWING TRADING RULES AND REGULATIONS WILL OUTLINE PROCEDURES AND POLICIES REGARDING TRADING AND SETTING UP AN ACCOUNT WITH POLOINVEST LIMITED.
All Customers are required to read, understand and adhere to these rules and regulations. POLOINVEST LIMITED reserves the right to change any rules or regulations at its sole discretion and at any time. Trading Hours :
• The POLOINVEST LIMITED normal trading week begins at 21:00 on Sunday and ends at 20:59 on Friday (time are subject to change.)
• POLOINVEST LIMITED reserves the right at its sole discretion to conduct special technical maintenance times when trading electronically may not be available.
32.2. DEPOSIT AND ACCOUNT INFORMATION
Deposits can be made by several payment methods accepted by POLOINVEST LIMITED via MYPOLO INVEST. Funds are not available for trading until they clear at the counterparty bank and posted to the Customer’s trading account.
All bank fees such as wire transfer fees into and out of the account will be debited to the Customer’s trading account as they occur. In instances where the Customer is closing an account with instructions to wire the remaining balances, the wire transfer fee will be deducted from the final account balance forwarded to the Customer.
All deposits are accepted in U.S. Dollars only. Customers from foreign countries have the option to convert the foreign currency into US Dollars before wiring to the POLOINVEST LIMITED clearing bank, or wire foreign currencies to our clearing bank at which point our clearing bank will convert the balances into US Dollars at their current conversion rate for that currency.
Before any payment from an account is made, the Customer is required to complete POLOINVEST LIMITED withdrawal procedure.
Under NO CIRCUMSTANCES will POLOINVEST LIMITED accept a payment or deposit into an account by a person or entity other than the person or entity whose name appears on the Account.
Under NO CIRCUMSTANCES will POLOINVEST LIMITED make payment to a person or entity other than person or entity whose name appears on the Account.
Under NO CIRCUMSTANCES will POLOINVEST LIMITED transfer funds from one account with POLOINVEST LIMITED to another account at POLOINVEST LIMITED with different Account Authorization information.
Copyright 2016 POLOINVEST LIMITED
Registration number 2428865
Address: 33/F. , TML Tower
D1-D3, 3 Hoi Shing Road
Tsuen Wan, New Territories