Terms and Conditions
Terms & Conditions
This Agreement is entered into by and these Terms & Conditions (hereinafter
referred to as the “Agreement”) shall regulate the relationship between Eurasia
Digital Corp., (hereinafter referred to as the “Company”), and the user (a natural or
legal entity) (hereinafter referred to as the “Client”) of Eurasia Digital Corp.
(hereinafter referred as the “Website”). The Client confirms that he/she has read,
understood and accepted all information, conditions and terms set out on the
Website which are open to be reviewed and can be examined by the public and
which include important legal information. By accepting this Agreement, the Client
agrees and irrevocably accepts the terms and conditions contained in this
Agreement, its annexes and/or appendices as well as other
documentation/information published on the Website, including without limitation
to the Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order
Execution Policy and Anti-Money Laundering Policy. The Client accepts this
agreement by registering an Account on the Website and depositing funds. By
accepting the Agreement, and subject to the Company’s final approval, the Client
enters into a legal and binding agreement with the Company. The terms of this
Agreement shall be considered unconditionally accepted by the Client upon the
Company’s receipt of an advance payment made by the Client. As soon as the
Company receives the Client’s advance payment, every operation made by the
Client on the Trading Platform shall be subject to the terms of this Agreement and
other documentation/information on the Website. The Client hereby
acknowledges that each and any Operation, activity, transaction, order and/or
communication performed by him/her on the Trading Platform, including without
limitation through the Account, and the Website, shall be governed by and/or
must be executed In accordance with the terms and conditions of this Agreement
and other documentation/information on the Website. By accepting this current
agreement, the Client confirms that he/she is able to receive information,
including amendments to the present agreement either via email or through the
Website. A client that is a legal entity can register with the Company not through
the Website but by sending an email with its request to . All terms and conditions
contained herein, including without limitation to 1 to 5 above, shall at all times be
applicable to the Legal Entity and the latter shall conform with such terms and
conditions, obligations and rights at all times.
Terms
Account – means a unique personified account registered in the name of the
Client and which contains all of the Client’s transactions/ operations on the
Trading Platform (as defined below) of the Company. Ask – means the higher
price in a quote. The price the Client may buy at. Bid – means the lower price in a
quote. The price the Client may sell at. CFD (contract for difference) – means a
tradeable contract entered into between the Client and the Company, who
exchange the difference in the value of an Instrument, as specified on the Trading
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Platform at the time of opening a Transaction, and the value of that Instrument at
the contract’s end. Digital Option Contract – means a type of derivative instrument
where the Client earns a payout if they correctly predict the price movement of
the underlying asset at the time of the option’s expiry. The prediction can be
made as to whether the value of the underlying asset will fall above or below the
strike price at time of expiration. Should the option expire at the selected strike
price, it will be considered to expire out-of-the money and will result in the loss of
the invested amount. Execution – means the execution of Client order(s) by the
Company acting as the Client’s counterparty as per the terms of the present
agreement. Financial Instruments – means the Financial Instruments as per
paragraph 2.4 below that are available on the Company’s Trading Platform. KYC
documents – means the documents to be provided by the Client, including without
limitation to the a copy of the passport or ID and utility bill of the Client, in case it
is a natural person and/or certificates showing the management and ownership
going all the way up to the ultimate beneficial owner, in case it is a legal entity,
and any other documents the Company may request upon its sole discretion
Market – means the market on which the Financial Instruments are subject to
and/or traded on, whether this market is organized / regulated or not and whether
it is in St. Vincent and the Grenadines or abroad. Market Maker – means a
company which provides BID and ASK prices for financial instruments. Operations
– means actions performed at the Client’s Account, following an order placed by
the Client,, connected with but not limited to crediting of funds, return of funds,
opening and closing of trade transactions/positions and/or that relate to financial
instruments. Prices – means the prices offered to the Client for each transaction
which may be changed without prior notice. Where this is relevant, the “Prices”
given through the Trading Platform include the Spread (see definition below).
Services – means the services described in section 3 of this Agreement. Spread –
means the difference between the purchase price Ask (rate) and the sale price Bid
(rate) at the same moment. For avoidance of doubt, a predefined spread is for the
purposes of this Agreement assimilated commission. Trading Platform – means an
electronic system on the internet that consists of all programs and technology
that present quotes in real-time, allow the placement/modification/deletion of
orders and calculate all mutual obligations of the Client and the Company.
Subject Of The Agreement
The subject of the Agreement shall be the provision of Services to the Client by
the Company under the Agreement and through the Trading Platform. The
Company shall carry out all transactions as provided in this Agreement on an
execution-only basis, neither managing the account nor advising the Client. The
Company is entitled to execute transactions requested by the Client as provided
in this Agreement even if the transaction is not beneficial for the Client. The
Company is under no obligation, unless otherwise agreed in this Agreement
and/or other documentation/information on the Website, to monitor or advise the
Terms & Conditions
Client on the status of any transaction, to make margin calls, or to close out any of
the Client’s open positions. Unless otherwise specifically agreed, the Company is
not obligated to make an attempt to execute the Client’s order using quotes more
favorable than those offered through the Trading Platform.
General Provisions
The Company will offer Services to the Client at the absolute discretion of the
Company subject to the provisions of this Agreement. The Client is prohibited and
shall not, under no circumstances, be allowed to execute any
transactions/Operations on the Trading Platform, Website and/or through his/her
Account, that would as a result exceed the total balance and/or amount of money
deposited/maintained with his/her Account. Such deposited amounts shall be
considered to have been provided as collateral, either in the form of a lien or
otherwise, to the Company by the Client by which the obligation of the Client to
pay any money to the Company is secured.
Services Of The Company
Services – services provided by the Company to the Client through the Trading
Platform of the Company, including without limitation to customer, analytics, news
and marketing information services. The Company shall facilitate the execution of
trade activities/orders and/or transactions of the Client but the Client hereby
acknowledges and accepts that the Company shall not at any time provide any
trust services and/or trading consultation or advisory services to the Client. The
Company shall process all transactions/Operations of the Client in accordance
with the terms and conditions of this Agreement and on an execution-only basis.
The Company shall not manage the Client’s Account nor advise the Client in any
way. The Company shall process the orders/transactions requested by the Client
under this Agreement irrespective of whether such orders/transactions may result
to not being beneficial for the Client. The Company is under no obligation, unless
otherwise agreed in this Agreement and/or other documentation/information on
the Website, to monitor or advise the Client on the status of any
transaction/order, to make margin calls to the Client, or to close out any of the
Client’s open positions. Unless otherwise specifically agreed, the Company is not
obligated to process or attempt to process the Client’s order/transaction using
quotes more favorable than those offered through the Trading Platform. The
Company shall not be financially liable for any operations conducted by the Client
through the Account and/or on the Trading Platform. Each Client shall be the only
authorized user of the Company’s services and of the corresponding Account. The
Client is granted an exclusive and non-assignable right to the use of and to
access the Account and it is his/her responsibility to ensure that no other third
party, including, without limitation, to any next of kin and/or to members of his/her
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immediate family, shall gain access to and/or trade through the Account assigned
to her/him. The Client shall be liable for all orders given through his security
information and any orders received in this manner by the Company shall be
considered to have been given by the Client. So long as any order is submitted
through the Account of a Client, the Company shall reasonably assume that such
orders are submitted by Client and the Company shall not be under any obligation
to investigate further into the matter. The Company shall not be liable to and/or
does not maintain any legal relations with, any third party other than the Client. If
the Client acts on behalf of any third party and/or on behalf of any third party’s
name, the Company shall not accept this person as a Client and shall not be liable
before this person regardless if such person was identified or not. The Client has
the right to cancel his order given to the Company within 3 seconds after the
moment of giving such order to the Company (hereinafter referred to as the
“Cancellation”). The client agrees and understands that the three seconds
cancellation option offered by the Company is applicable and available for the
client as long as the price remains unchanged. Three seconds from the moment of
giving the order to the Company by the Client via the platform, the Company may
(but is not obliged to) offer to buyout the option from the Client and the Client
have the right to agree to such offer (hereinafter referred to as the “Buyout”). The
Client is entitled to use such Cancellation or Buyout option subject to the
conditions specified on the platform. Such conditions can also include the fee
charged by the Company. Such fee is specified on the platform. The Company is
obliged to provide all necessary information as to the conditions of Cancellation
and Buyout, their cost, etc. The Client acknowledges and agrees that provision of
such information on the platform is sufficient. The Client acknowledges and
agrees that the use of Cancellation or Buyout is very risky to the Client as long as
the cost of Cancellation and/or Buyout depends on the market situation. The
Client acknowledges and agrees that he bears all the risks associated with the
use of Cancellation and/or Buyout. The Client is entitled to use such Cancellation
or Buyout option subject to the conditions specified on the Trading
Platform/Website, including without limitation to any fee to be charged by the
Company. The Company shall be obliged to provide all necessary information as
to the conditions of Cancellation and Buyout, including any applicable costs, etc.
The Client acknowledges, accepts and agrees that provision of such information
on the Trading Platform is sufficient. The Client acknowledges, accepts and
agrees that the use of Cancellation or Buyout option entail large risks for the
Client, especially in the case where the costs associated with Cancellation and/or
Buyout, depend on the market situation. The Client acknowledges, accepts and
agrees that he/she shall bear all risks associated with the use of Cancellation
and/or Buyout option. It is understood and agreed by the Client that the Company
may from time to time, at its sole discretion, utilize a third party to hold the Client’s
funds and/or for the purpose of receiving payment execution services. These
funds will be held in segregated accounts from such third party’s own funds and
will not affect the rights of the Client to such funds. The Company offers internal
Terms & Conditions
live chats where clients can share inter alia their trading ideas and/or express their
general thoughts. The client acknowledges and agrees that the Company’s live
chat feature is not and will not constitute a valid and/or accurate information
and/or information addressed to the clients/potential clients and/or in any way
information that is controlled by the Company and/or investment advice, as it is
merely a feature allowing clients to inter alia express their thoughts and ideas
between themselves. Provision of investment advice shall only be carried out by
the Company subject to a separate written agreement with the Client and after
assessing the Client’s personal circumstances. Unless such written agreement has
been entered into between the Client and the Company, the provision of reports,
news, opinions and any other information by the Company to the Client does not
constitute investment advice or investment research.
Execution Of Orders / Electronic Trading
By accepting this Agreement, the Client accepts that he has read and understood
all provisions of this Agreement and related information on the Website. The
Client accepts and understands that all orders received shall be executed by the
Company as the counterparty of the transaction in its capacity of Market Maker.
The Company shall act as a principal and not as an agent on the Client’s behalf for
the purpose of the Execution of orders. The Client is informed that Conflicts of
Interest may arise because of this model. Reception of the order by the Company
shall not constitute acceptance and acceptance shall only be constituted by the
execution of the order by the Company. The Company shall be obliged to execute
the Client’s orders sequentially and promptly. The Client acknowledges and
accepts a) the risk of mistakes or misinterpretations in the orders sent through the
Trading Platform due to technical or mechanical failures of such electronic means,
b) the risk of any delays or other problems as well as c) the risk that the orders
may be placed by persons unauthorized to use and/or access the Account, and
the Client agrees to indemnify the Company in full for any loss incurred as a result
of acting in accordance with such orders. The Client accepts that during the
reception and transmission of his/her order, the Company shall have no
responsibility as to its content and/or to the identity of the person placing the
order, except where there is gross negligence, willful default or fraud by the
Company. The Client acknowledges that the Company will not take action based
on the orders transmitted to the Company for execution by electronic means
other than those orders transmitted using the predetermined electronic means
such as the Trading Platform, and the Company shall have no liability towards the
Client for failing to take action based on such orders. The client acknowledges
and agrees that any products or services that may be offered by the Company
may not always be available for purchasing or use for trading purposes, and it is in
the Company’s absolute discretion whether it will make these products available
or not to the clients at any time. The Company shall bear no liability, monetary or
Terms & Conditions
otherwise, in relation to this section, including without limitation to not making
available any product at any given time.
Limitation Of Liability
The Company does not guarantee uninterrupted service, safe and errors-free, and
immunity from unauthorized access to the trading sites’ servers nor disruptions
caused from damages, malfunctions or failures in hardware, software,
communications and systems in the Client’s computers and in the Company’s
suppliers. Supplying services by the Company depends, inter alia, on third parties
and the Company bears no responsibility for any actions or omissions of third
parties and bears no responsibility for any damage and/or loss and/or expense
caused to the Client and/or third party as a result of and/or in relation to any
aforesaid action or omission. The Company will bear no responsibility for any
damage of any kind allegedly caused to the Client, which involves force majeure
or any such event that the Company has no control of and which has influenced
the accessibility of its trading site. Under no circumstances will the Company or
its Agent(s) hold responsibility for direct or indirect damage of any kind, even if
the Company or its Agent(s) had been notified of the possibility of aforesaid
damages.
Settlement Of Transactions
The Company shall proceed to a settlement of all transactions upon execution of
such transactions. An online statement of Account will be available for printing to
the Client on the Trading Platform of the Company, at all times.
Indemnity And Liability
The Client shall indemnify and keep indemnified the Company and its directors,
officers, employees or representatives against all direct or indirect liabilities
(including without limitation all losses, damages, claims, costs or expenses),
incurred by the Company or any other third party in respect to any act or omission
by the Client in the performance of his/her obligations under this Agreement
and/or the liquidation of any financial instruments of the Client in settlement of
any claims with the Company, unless such liabilities result from gross negligence,
willful default or fraud by the Company. This indemnity shall survive termination of
this Agreement. The Company shall not be liable for any direct and/or indirect
loss, expense, cost or liability incurred by the Client in relation to this Agreement,
unless such loss, expense, cost or liability is a result of gross negligence, willful
default or fraud by the Company. Notwithstanding the provisions of section 8.1
above, the Company shall have no liability to the Client whether in tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profit, or for
Terms & Conditions
any indirect or consequential loss arising under and/or in connection with the
Agreement. The Company shall not be liable for any loss of opportunity as a result
of which the value of the financial instruments of the Client could have been
increased or for any decrease in the value of the financial instruments of the
Client, regardless of the cause, unless such loss is directly due to gross
negligence, willful default or fraud on the part of the Company. The Company shall
not be liable for any loss which is the result of misrepresentation of facts, error in
judgment or any act done or which the Company has omitted to do, whenever
caused, unless such act or omission resulted from gross negligence, willful default
or fraud by the Company. The Company shall not be liable for any act or omission
or for the insolvency of any counterparty, bank, custodian or other third party
which acts on behalf of the Client or with or through whom transactions on behalf
of the Client are carried out.
Personal Data
By accepting the terms and conditions of this Agreement, the Client irrevocably
consents to the collection and processing of his/her personal data/information by
the Company without the use of automatic controls, as the same are provided by
him/her to the Company. The term personal data for the purposes of this
Agreement shall mean: the Name, Surname, Patronymic, gender, address, phone
number, e-mail, IP address of the Client, Cookies and information that relate to
the provision of Services to the Client (for example, the Client’s trading story). The
Client shall be obliged to provide correct, accurate and complete personal
data/information as requested by the Company. The purpose of collecting and
processing the personal data is to comply with applicable regulating legislation
requirements, including without limitation to anti-money laundering regulations, as
well as for any and all purposes in relation to this Agreement, including without
limitation to enable the Company to discharge its obligations towards the Client.
The Client acknowledges and consents to that, for the purposes described at the
section directly above, the Company shall be entitled to collect, record,
systematize, accumulate, store, adjust (update, change), extract, use, transfer
(disseminate, provide, access), anonymize, block, delete, destroy such personal
data and/or perform any other actions according to the current regulating
legislation. The Client acknowledges and consents to the Company storing,
maintaining and processing his/her personal data in the manner as described in
this Agreement during the term of the Agreement and for 5 years following any
termination of the Agreement. The Client hereby acknowledges, accepts, agrees
and consents to the disclosure of personal data by the Company to third parties
and their representatives, solely for the purposes of the Agreement, including
without limitation in order to facilitate processing/execution of the Client’s
orders/Operations, provided that at all times (i) the amount of personal data to be
disclosed to any such third party is proportionate and/or limited solely to facilitate
to the actions as described above, and (ii) the Company shall ensure that such
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third party shall treat the personal data in accordance with applicable laws and
regulations. The Company shall not be entitled to make available the personal
data in public and/or disclose such personal data for any other purposes, subject
to disclosure required under applicable laws and regulations. During processing of
the personal data, the Company shall take necessary legal, organizational and
technical measures to protect such personal data from unauthorized or accidental
access, destruction, change, blocking, copying, provision, and dissemination as
well as from any other illegal actions.
Assignment
The Agreement shall be personal to the Client and the Client shall not be entitled
to assign or transfer any of his/her rights or obligations under this Agreement. The
Company may at any time assign or transfer any of its rights or obligations under
this Agreement to a third party. The Company shall notify the Client of any such
assignment.
Assignment
The Client hereby confirms to have read, understood and hereby accepts the risk
statement relating to the use of Services on the Website, as the same is available
electronically via the Website.
The Client hereby confirms to have read, understood and hereby accepts the risk
statement relating to the use of Services on the Website, as the same is available
electronically via the Website.
Charges And Fees
The Company shall be entitled to receive a fee from the Client regarding the
Service(s), provided by the Company. The Company may pay fee/commission to
business introducers, referring agents, or other third parties based on written
agreement. This fee/commission is related to the frequency/volume of
transactions and/or other parameters. The Company may pay fee/commission to
business introducers, referring agents, or other third parties based on written
agreement. This fee/commission is related to the frequency/volume of
transactions and/or other parameters. All applicable fees or charges can be found
on the Company’s Website (General Fees). The Company has the right to amend
its fees and charges from time to time. Ongoing trading fees, including inter alia
swaps, shall be charged and deducted from the Client’s account balance. In case
the Client does not maintain enough funds in his/her balance, the relevant position
subject to swap will be closed by the Company. The Client agrees that any
amounts sent by the Client will be deposited to the Account at the value on the
Terms & Conditions
date of the payment received and net of any charges / fees charged by the bank
or any other intermediary involved in such transaction process and/or in any other
case, the Client shall authorize the Company to withdraw the fee by way of
transfer from the Client’s Account.
Duration And Termination Of The Agreement
The Agreement herein shall be concluded for an indefinite term. The Agreement
herein shall come into force when the Client accepts the Agreement and makes an
advance payment to the Company. In case of any discrepancies between the text
of the Agreement in English and its translation in any other language, the text of
the Agreement in English as a whole shall prevail, as well as the English
version/text of any other documentation/information published on the Website.
The Company shall be entitled to terminate this Agreement immediately without
giving prior notice if the Client fails to provide to the Company his/her KYC
documents within 14 days from the moment of acceptance of this Agreement,
constituting, thus, his/her Account as an unverified Account. In case of
termination of this Agreement for a reason indicated in section 15.b, subclauses i,
ii and x of this Agreement the Company shall have no liability towards the Client
and no obligation to pay the profit of the Client (if any). In case of termination of
this Agreement for a reason indicated in sections 15.a of this Agreement, the
Company shall have either to wire to the Client the remaining balance or to give to
the Client the opportunity to withdraw his/her remaining balance. In case of
termination of this Agreement for a reason indicated in section 16.b of this
Agreement, the Company shall have to wire to the Client the remaining balance
excluding any profit.
Terms And Conditions
The Client shall agree to make a deposit to his/her Account to use the Company
Services or any other additional services ordered by the Client on the Website as
well as all additional expenses (if necessary), including but not limited to any
taxes, duties, etc. The Client shall be completely responsible for timely depositing
the funds into his/her Account. Provider of payment services shall ensure only
fulfillment of payment in the amount defined by the Site and shall not be liable for
payment of the above-mentioned additional amounts by the Website’s Client. The
payment is considered to be processed and cannot be returned after clicking the
“Payment” button. By clicking the “Payment” button, the Client shall agree that
he/she cannot return the payment or require its recall. Additionally, by accepting
the terms and conditions herein contained , the Client as the owner of the
payment card confirms that he/she shall be entitled to use the Services offered on
the Website. By accepting the terms and conditions of this Agreement and
depositing funds to the Account, the Client agrees to the use the Website’s
Terms & Conditions
Services and accepts that the processing of any of the Client’s payment shall be
executed by a provider of payment services, being a third party to this Agreement
(the “Provider”), and the Client further acknowledges and accepts that no legal
right exists for return of already purchased Services or other options of payment
cancellation. In case if the Client is willing to refuse from using the 1-Click service
for the next purchase of the Service, the Client can refuse from 1-Click service
using the Account on the Website. Note that 1-click deposits (recurring payments)
are not processed as 3-D secure transactions, the client needs to enable 3-D
secure function if he would like the payments to be processed as 3-D secure, as
it’s vital information in regards to BTC withdrawal policy. The Provider shall not be
in any case liable for the refusal/impossibility to process the data connected with
payment card of the Client, or for the refusal connected with failure to obtain
permission from the issue bank to process payment using the payment card of the
Client. The Provider shall not be in any case liable for quality, amount, and price of
any service, offered to the Client or purchased by the Client of the Website using
the payment card of the Client. Paying for any Services of the Website the Client
first of all shall be obliged to fulfill the rules of using the Website. We are asking to
consider that only the Client as the owner of the payment card shall be liable for
timely payment of any service ordered via the Website and for all additional
expenses/fees connected with this payment. The Provider shall only be the
performer of payment in the amount specified by the Website and shall not be in
any case liable for any pricing, general prices and/or total sums. In case of the
situation connected with the Client’s dissent with the terms mentioned above
and/or any other reasons, we are asking the Client to promptly refuse from
making a payment and to directly address the administrator/support of the
Website if necessary.
The Client’s Responsibility
The Client acknowledges that these General Terms are an integral part of this
Agreement. It is the Client’s responsibility to verify that all transactions and
Service(s) received are not contradictory to any applicable law and to undertake
any other legal duty emanating from the use of Website at the Client’s sole option,
discretion and risk, and the Client is solely responsible for ascertaining whether it
is legal in the Client’s jurisdiction and/or place of residence. The Client holds sole
liability for all transactions in his Trading Account, including all cards transactions
or other means of deposit and withdrawal transactions (as stated below). The
Client acknowledges that the Company reserves the right to accept or decline any
deposit and/or funding and/or withdrawal request by the Client depending on the
payment method that the Client chooses (which includes but is not limited to the
third party financial institution from which the Client wishes to deposit/withdraw
funds with the Company (Third Party Institutions)), and the Company may suggest
to the Client an alternative for its request. It is important to note that the Company
does not have and cannot in any way have any, control over such Third Party
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Institutions and any transactions made by the Client through the Platform using
such institutions and it is hereby acknowledged and agreed that the Company
shall bear no liability, monetary or otherwise, in relation to any loss of funds
incurred by the Client pursuant to any actions or omissions of Third Party
Institutions. The Client is responsible for securing his/her Username and Password
for his Trading Account. The Client holds sole responsibility for any damage
caused due to any act or omission of the Client causing inappropriate or irregular
use of the Client Trading Account. It is clearly stated and agreed by the Client that
the Client bears sole responsibility for any decision made and/or to be made by
the Client relying on the content of the Website and no claim and/or suit of any
kind will arise to that effect against the Company and/or its directors and/or
employees and/or functionaries and/or Agents (the Company and/or its Agents).
The Company and/or its Agents will hold no responsibility for loss of profits due to
and/or related to the Website, Transactions carried out by the Client, Services and
the General Terms of use or any other damages, including special damages and/or
indirect damages or circumstantial damages caused, except in the event of
malicious acts made by the Company. Without limitation of the aforesaid and only
in the event of definitive judgment by court or other authorized legal institution
resolving that the Company and/or its Agent(s) hold liability towards the Client or
third party, the Company’s liability, in any event, will be limited to the amount of
money deposited and/or transferred by the Client to the Trading Account in
respect of the transaction which caused the liability of the Company and/or its
Agent(s) (if such was caused). No Trading Account will be approved without the
completion of the Company’s compliance procedures, including the identification
and verification of the Account.