It is important that you read through the following terms and conditions meticulously before registering with uTrader.com. By registering with uTrader.com and/or using the services of uTrader.com, you acknowledge that you have read this document in its entirety, that you understand all of the document's content and that you agree to being bound by all of the document's terms and conditions. If you for any reason do not agree to any of the terms set out in the terms and conditions below, we instruct you not to use this website.
1. The following agreement is made between yourself (also referred to as “you” or “customer”) and uTrader.com (also referred to as “company”). uTrader website and trademark are owned by Day Dream Investments Ltd. The company's agent – UP Services LTD. Registration number: 204434170 Bulgaria, Sliven 8800, Stoyan Zaimov complex, block 69, entrance B, Yako Katsarov street, 4.. In this agreement, you and the company may be collectively referred to as the “parties”.
2. The company runs an online system making it possible for certain types of financial contracts to be made between said company and the customer. The agreement refers not only to the web site and the uTrader.com system, but also to all content which can be found on the uTrader.com web site. This includes not only all electronic content, software and information which can be found at the present time, but also any features, services or content which may be added by the company in the future.
The following definitions will have the meanings described below, except where any other meaning is expressly stated:
3.1. “System” is an electronic system made with the purpose of enabling financial contracts to be made over the internet with the uTrader.com platform, all subject to all terms contained within this agreement;
3.2. “Contract” or “financial contract” is a contract made to purchase digital options, CFDs, Forex and Options or any other kind of financial product or service which the company might offer to its customers via the system;
3.3. CFDs, Forex are options with a fixed, pre-determined return decided when the contract is made;
3.4. “Contract price” refers to the rates offered within the system and the most current, updated rates for contracts of the relevant nature on the financial markets, based upon indicative rates from several financial information systems.
3.5. “Markets” refers to all applicable markets where contract rates are fixed upon free trade and all other markets where different types of financial assets are traded;
3.6. “Business day” is one whole calendar day (Monday, Tuesday, Wednesday, Thursday and Friday) starting at 00:00 and finishing at 23.59 on the same day;
3.7. “Transaction” is the sale and/or purchase of a financial contract at a decided price;
3.8. “Closing” is a reversed transaction carried out on the same business day as it was made, with the purpose of closing sale of a financial transaction with an equal sum to the sum spent on the initial transaction;
3.9. “Collateral” is the sum of money which you, the customer, initially deposits with the company minus losses, funds withdrawn and profits made via transactions;
4. Membership Requirements
The services of the company are only available for individuals and/or companies who are able to form contracts which are legally binding in their countries of residence. Anybody who is under 18 years of age (also referred to as a “minor” or “minors”) or otherwise unable to partake in a legally binding contract in their country of residence are not authorized to use any of the services provided by uTrader.com. The company will hold no responsibility for any kind of unauthorized use of any of its services by minors in any shape, form or manner. All services offered by uTrader.com are available only to those individuals who have sufficient experience and knowledge in relevant financial matters to be able to assess any risks and/or merits with regards to making financial contracts via the uTrader.com website and have achieved this without having to rely on any information on the website. The company has no obligation to verify if you possess sufficient experience and/or knowledge. The company will not be responsible for any loss or damage incurred as a result of insufficient experience and/or knowledge. The company shall not either be held responsible for how accurate any information found on its website is, whether the information has been published by the company itself or by others, nor will it be held responsible for decisions made by the customer based on any of this information. All information required by the customer must be checked and confirmed thoroughly by said customer via independent sources of information to the customer's full satisfaction before any action is taken on the website. Once again, we must highlight that you may not use the uTrader.com website if you lack the knowledge and experience required to make transactions based on such knowledge, experience, personally assessed data and/or educated assessment.
5. Your Account
5.1. Upon agreement to all of the terms contained within this document, uTrader.com will start an account in your name in the uTrader.com system. All of the relevant account details will be in accordance with any information you have provided to the company. The company may require further details from time to time. It is your responsibility to ensure that all of the information which you have provided is entirely true, accurate and complete. Providing misleading or inaccurate information will be regarded as an offense and will result in the immediate closure of your account. By agreeing to all of the terms held within this document, you acknowledge that the company may report you as a beneficiary in the relevant account held by the financial institution with which uTrader.com deposits the collateral funds (up to the credit balance on your account at the time) upon completion of the identification process between yourself and uTrader.com. Therefore identification details which you have provided to the company may be transferred to that end.
5.2. By agreeing to the terms and conditions held within this document, you give full authority and power to the company (until you provide the company with written notice saying otherwise) to follow orders according to instructions provided by you or your authorized agent either orally or in writing. This complies with those powers which have been granted to this company under this agreement.
5.3. You will not be able to make any transaction until the collateral has been deposited into your account. If this is not the case, or if the collateral is insufficient for the execution of a particular transaction, then a transaction will not be possible. If the company allows you to trade before confirmation of deposit of a collateral has been made, and no collateral in fact has been deposited, the company retains the right to deduct from your profits the amount which should have been deposited into your account as the collateral sum prior to trading. The company will hold all funds for you and the company may deposit these funds with any financial institution. These funds include (but are not limited to) funds used as collateral for the company's transactions. If a transaction takes place and there is not enough collateral in your uTrader.com account, then the company retains the right to decrease your exposure in the transaction or/and to contact you in order to rectify the problem or/and demand full payment for lacking funds as a result of the transaction which was not covered by sufficient collateral. The aforementioned right of the company does not force it to lower your exposure in any transaction. You will have no claims against the company with regards to your losses as a result of changes in your exposure in any transaction
5.4. The company has the right to amend the terms regarding the use of the system, its services and their scope and the amount of collateral required at its own discretion without notice beforehand. Naturally, such changes will not be applicable retrospectively and will only apply to financial contracts made after the date of the change.
5.5. When your account has been started, you will receive a personal ID code which you can use to manage your online account. By agreeing to the terms in this contract, you irrevocably commit yourself to safeguarding this ID code and thereby waiving all claims against uTrader.com with regards to unauthorized use of the ID code.
5.6.All financial contracts will be subject to the most updated and most current version of the terms and conditions contained within this document. The company reserves the right to change or cancel the terms and conditions, and the changes shall be effective from the date they have been placed on the site. A financial contract is complete when the contract has customized and the premium has been paid and verified.
6. The company warrants and undertakes the following:
6.1. That it has the required merit, knowledge and skills to be able to provide the services to the customer.
6.2. That neither the company nor anyone else (on its behalf) be deemed to act as, agent, broker or trustee for you when you make transactions in the system.
6.3. That it shall never provide you with any form of financial advice. No information contained on the company's web site is to be interpreted as or used as financial advice. No information on the site, in the system or provided via newsletters, e-mails, skype or SMS sent by the company to the customer is to be used as any form of financial advice, and the company will hold no liability or responsibility where a customer has chosen to ignore this. Furthermore, the company will not hold any responsibility for how accurate the information provided on its web site is. You are personally responsible for making relevant and independent enquiries prior to taking any form of action on the web site or using the company's services. enquiries
6. 4. That it shall not carry any form of liability for losses, damages, expenses, claims, contentions, suits etc. incurred by you because of your reliance on any information which has been provided by the company.
6. 5. You cannot lose more money using the system than the amount you have paid to the company as collateral and any sum of money in your account used to purchase contracts. This is the maximum loss you can incur.
6. 6. Each financial contract which you purchase via the system is a unique agreement between the company and yourself and it not a form of security, not negotiable, transferable or assignable with or to a third party. The company does not provide customers with a market for investments, securities or speculation.
7. The company has the following rights with regard to the operation of your uTrader.com account
The company retains the right to end the operation of the uTrader.com web site if:
7.1. Due to an event outside of the control, power and responsibility of uTrader.com, or due to monetary, economic, military or political events, it would not be reasonable for the company to continue its operations without affecting the interests of either the company itself or the customer in an adverse fashion, or if a price cannot be determined for financial contracts at the sole discretion of uTrader.com.
7.2. If communication between the parties regarding prices of financial contracts breaks down or where the price of financial contracts no longer can be determined accurately or immediately.
7.3. The company has good reason to believe that you have abused the system in some way or another or that you have in some way or another tried to manipulate or affect the price of a contract or the system itself.
7.4. In the event of any of the above taking place (except for where the customer has manipulated or abused the system in some way), uTrader.com reserves the right end your betting contracts at its own discretion (with no need for notice). The company can do so at prices which the company believes to be reasonable and fair at the time. The customer may not make claims against the company in such a scenario.
If the customer has manipulated or abused the system in some way or another, uTrader.com retains the right to take whatever action it considers to be appropriate at its own discretion.
8. By agreeing to the terms in this contract, you undertake and warrant the following:
8.1. That all of the details which you have provided to uTrader.com are completely accurate and that you are at least 18 years of age, or whatever age is the minimum age in your country of residence). You undertake that you will be legally bound by all of the terms in this document and that you have the knowledge and experience to assess the risks associated with making financial betting contracts without relying on the advice of others.
8.2. That you will be the sole beneficiary and owner of your uTrader.com account.
8.3. That you completely understand and acknowledge the fact that uTrader.com is regulated and operates under the regulations and local laws of **. By agreeing to the terms in this document, you acknowledge and accept that uTrader.com has no control over your actions and that you are responsible for making any relevant inquiries regarding the legal status of your use of uTrader.com services in your country of residence, and that you are responsible for abiding by local regulations. You also acknowledge the fact that laws relating to financial contracts differ in different parts of the world and that it is your responsibility to make sure that you abide by any laws in your country of residence relating to any aspect of using the uTrader.com system or uTrader.com web site. You must understand that the ability to gain access to the uTrader.com web site does not in itself mean that the company's services are legal in your country of residence. By agreeing to the terms in this agreement, you confirm that you are not constrained by any legal obstacle which prevents you from using the uTrader.com system or making transactions with uTrader.com. We must emphasize the fact that customers should not use the company's services when it is illegal to do so, and uTrader.com retains the right to refuse to either cancel and/or cancel the provision of services to any customer at any time at its sole discretion and without any reason. This includes (but is not limited to) those circumstances where uTrader.com becomes aware of the fact that you are using the company's services contrary to the laws in your country of residence.
8.4. You acknowledge and guarantee that all funds you deposit into your account have a legal origin and are not the result of any form of criminal activity. Any monies received by the company from you are not invested in currencies, derivatives, securities, futures or other investments by the company on your behalf or anyone else's behalf, but are used as collateral for the transactions you make on the uTrader.com system.
8.5. You acknowledge and accept that you are completely aware of the risks which may arise as a result of making transactions in the uTrader.com system.
8.6. You accept that you are entirely responsible and liable for all actions performed in your uTrader.com account. This includes the performance of any transaction, regardless of if it is performed by you personally, any third party who has or has gained access to your uTrader.com account, the company's employees in the course of carrying out your orders or your agent/attorney. You agree that neither the company nor its employees shall bear any form of liability with regards to the consequences of any such orders or actions. You are personally responsible for making sure that only you have access to your uTrader.com account and that nobody under legal age in your country of residence will be given access to the system. We must emphasize that you are entirely liable for all trade and transactions made through your uTrader.com account. By agreeing to the terms in this document, you indemnify the company with regards to any and all losses and costs incurred by uTrader.com as a consequence of your failure to settle or perform a transaction, whether indirect or direct.
8.7. You acknowledge that the company shall not be liable for the consequences of any form of malfunction on your end in terms or any malfunction of equipment belonging to you, your internet connection, a computer program you use or software bugs/errors etc. You are personally responsible for maintaining the means by which you access the uTrader.com web site. Any charges incurred for systems required to access the system on your end, such as access, license, service and subscription fees – shall be assumed by you. You also take responsibility for the consequences of any risks associated with storage and use of information on your computer, tablet, laptop, Smartphone or any other device or devices you use to access the web site and uTrader.com services (all will be collectively referred to as “computer” below). By agreeing to the terms in this document, you warrant and guarantee that you have and will take any measures to maintain appropriate protection with regards to the security of your uTrader.com account, control of access to your computer and uTrader.com account and protected against computer viruses and other harmful data, information, materials and devices. You hereby agree that uTrader.com will not hold any form of liability if your computer or computer system is damaged or fails, or for damage to data or records on your computer, losses, omissions, delays or losses occurring as a result of either the mismanagement or failure of any computer equipment, software or telecommunications equipment which you are using. You may not directly or indirectly expose the company or any of its online service providers to any form of computer virus or otherwise inappropriate or harmful device or material.
8.8. By agreeing to the terms of this agreement, you confirm and acknowledge that uTrader.com does not guarantee that you will able to gain access to the uTrader.com web site at any time or from any location in the world, and that the web site will provide you with an error-free and uninterrupted service. You also confirm and acknowledge that uTrader.com will not be responsible in the event that it is impossible for the company to perform orders due to failures with regards to the operations of information systems due to any kind of fault.
8.9. You must report all of your activities to whatever tax authority or other authority which is required to be contacted according to any laws in your country of residence. You must pay any taxes, governmental fees, levies and charges in connection with all activity on your account including any necessary deductions at source. You waive your right to any claim against the company to this end.
8.10. You will not abuse the uTrader.com system and/or uTrader.com web site with the intention of performing a criminal act, such as money laundering. uTrader.com uses strict anti-money laundering procedures, and retains the right to refuse to do business with and/or reverse transactions with customers who either do not adhere to or don't accept these procedures/processes. These procedures/processes affect customers in the following ways:
8.10.1. It is necessary that you put all of the requested details on the account opening form which is used to confirm your identity.
8.10.2. uTrader.com can only pay winnings to the person who has started the account and to an account registered under his or her own name. Winnings cannot be paid to a third party's account. If your account is maintained with telegraphic deposits, it is important to note that winnings can only be paid to the person holding the original bank account. The onus to make sure that the account number and name accompany all transfers to uTrader.com is on you. If you use a credit or debit card to deposit money into your account, then all winnings are paid back to the same card up to the monetary value of the deposited collateral. Any other winnings will be transferred to the customer via e-wallets, subject to all of the conditions which have been listed above.
8.10.3. Each customer is allowed only one account. Winnings may not be collected from accounts which have been opened in false names, nor from multiple accounts which have been created by the same person.
8.10.4. You may occasionally be required to provide proof of identity to the company, and this request may be made at the sole discretion of the company. Such proofs of identity include passport copies or other means of ID verification which uTrader.com will consider necessary under the circumstances The Company also retains the right to suspend an account at its own discretion until proof of identity has been provided and the company is satisfied with it.
8.11. That you have read through this entire agreement and that you understand all of its content and consequent implications, including but not limited to the risk of losing your entire collateral, before you decide to accept the terms of the agreement. The company reserves the right to request a voice confirmation regarding the withdrawal of funds.
9. The collateral
9.1. To be able to commence using the uTrader.com system to make transactions, the customer must transfer funds into his or her account which has been created by the company. This money is to be used as collateral for all of the transactions made on the account.
9.2. The company retains all rights and authority with regards to the collateral until you have withdrawn it.
9.3. All profits you make from your transactions will be added to your uTrader.com account as a supplementary collateral. Any losses which are the result of your transactions will be deducted from your uTrader.com account.
9.4. Your credit balance will carry no interest.
9.5. The company has the right to offer both new and existing clients various bonuses and the opportunity to participate in various promotions. The opportunity to participate in the promotion and the opportunity to receive a bonus are a privilege for the client, and the client may be denied them at the discretion of the Company.
9.6. The conditions for a provision of bonuses and participation in promotions are specified in this section, as well as on the Company's website. In some cases, the Company has the right to grant bonuses to clients on terms determined individually with clients. The company from time to time can offer exclusive bonuses for particular VIP-clients.
9.7. Bonuses are credited after receiving all required documents confirming the identity of the client and only with the consent of the client.
9.8. Types of bonuses:
9.8.1 Deposit bonus. The specified bonus is provided by the Company when clients deposit funds to their accounts. The size of the bonus is determined by the Company as a percentage of the amount of money deposited by the Client.
9.8.2 Advance bonus. The specified bonus is provided by the Company to clients upon consultation with clients before the Client makes a deposit, but subject to subsequent depositing of funds by clients. When providing this bonus, the Company and the Client agree upon:
1. The amount of bonus;
2. The period during which the Client is obliged to make a deposit (if the Company does not agree with the Client on this period, the parties rely upon 7 calendar days);
3. The amount of the deposit that should be made by the Client.
9.9. To work out bonus funds, the Client must reach the volume of trades 40 times greater than every $1 of funds (bonuses) received.
9.10. After the bonus funds have been worked out, the Client has the right to manage the remaining funds on his/her trading account.
9.10.1 The Company has the right to debit bonus funds, as well as all income received on the client's account using bonus funds without further notice and without receiving any consent from the Client in the event that during any period more than three months from the moment of transfer of the bonus and until the fulfillment of the condition for its working out:
9.10.2 there is no activity (opening of transactions on the trading account) on the Client's trading account;
9.10.3 the current balance of the Client's account (taking into account open positions) does not exceed the amount of the bonus received from the Company.
9.11. If the Client has received several bonuses, the withdrawal of bonus funds and income from trades is not allowed until the fulfillment of the conditions for working out all bonuses. After reaching the necessary volume of trades, the entire account balance with the deposit, bonuses and profit can be withdrawn without restrictions.
9.12. When the Client withdraws funds from the account before the fulfillment of the conditions for working out bonuses, all open positions on the Client's account will be closed, and the balance on the Client's account is recalculated according to the following formula:
Balance on the Client's account = current balance of the account (balance) - the amount of the bonus (bonuses) granted - the total income received by the Client for all closed deals, opened since the activation of the bonus (only positive total income is taken into account).
9.13. If the Client does not deposit funds in the agreed amount within the agreed time, the Company is entitled to debit the provided advance bonus, as well as all income received on the Client's account for the period from the moment of granting the advance bonus and until the moment when the debiting of bonus funds by the Company is occurred.
9.14. Before the Client makes a deposit in the agreed amount to his/her account or before the bonus is debited by the Company, the Client's account is blocked.
Conditions for working out the advance bonus are similar to the conditions for working out a deposit bonus. The Company reserves the right to change and/or cancel the bonus and promotion programs at any time. 9.15. The terms of the promotions held by the Company and the rules for participation in the promotions are determined by the Company, and this information is provided to clients additionally. Unless this is agreed by the Company and the Client additionally, in the case when the promotion is associated with the provision of bonus funds to the Client, the conditions for working out these bonus funds, the possibility of withdrawing funds from the account and other rules are determined in the manner provided for the deposit bonus.
9.16. Bonus funds received to your account during the company's promotions are paid in accordance with the paragraphs specified in this agreement.
10. Further actions for depositing and withdrawing money from the account, closing of the account
10.1. You must execute any withdrawal of the available collateral in your account, regardless of if it is partial or concerns the entire sum and including all accrued (but not future) profits in writing. This must be done with prior notice to the company, and this notice must be of seven business days or more.
10.2. The customer can transfer additional funds to his or her account at any time for use as collateral for transactions. All of the terms which can be found in this document/agreement will apply to additional funds deposited in this way.
10.3. The company may charge fees for providing you with its trading platform and managing your trading account. In case if there is no trading activity in your account for a period of 90 consecutive calendar days, starting from the 91st day, the Company reserves the right to charge an above-mentioned fee of 5% of the account balance, but not less than $25 for each calendar month. The above-noted commission is charged until the resumption of transactions in the corresponding account.
11. Authorized persons
11.1. You are entitled to contact the company occasionally to inform the company of a person or persons whom you have given authority or power to communicate with the company for you/on your behalf. Any information of this nature must be sent to the company by written notice. This notice must include the identification details of the relevant person(s), including their name(s). You must also send a signature specimen for each authorized person to the company. You can at any time revoke this delegation of authority by writing to the company with instruction to do so.
11.2. You and the company will then be bound by any written or oral instructions to make transactions by an authorized representative as if you had made the transaction yourself, and all terms of this agreement will be applicable.
12.1. The company (or any authorized third party working on behalf of the company) retains the right to record every telephone conversation. However, this is not an obligation of the company.
12.2. The company (or as above, an authorized third party working on behalf of the company) will keep copies of every single written order which you send to the company for a period that will be determined at the company's own discretion. Records of all of your transactions will also be kept and maintained either by the company itself or an authorized party.
12.3. The company reserves the right to use any and all of the recordings of the nature described above for any purpose the company thinks is appropriate.
12.4. The recordings of the nature described above are the sole property of the company and the company is therefore not obligated in any way to pass such information on to any other party. If the company will ever be required to to provide any form of documentation with regards to your account, you will be liable for the entire cost of copying/duplicating copies or records/documents. This includes where this must be done by strict instructions from competent authorities/bodies. The amount you will be liable to pay will be in accordance with the current company price list for such services at the time of the event.
13. Liability and Risks
13.1. Every transaction which you make is carried out at your own risk. The company and/or authorized parties acting on behalf of the company will not be held liable for any damage, debt or loss as a result of your actions, whether their effect is direct or indirect. You may never claim a sum which exceeds the sum of your collateral.
13.2. By agreeing to the terms of this agreement, you declare that you accept and understand that the company has the right to close any transaction made by you at any time without prior notice if your portfolio shall have a value of zero or less, after having been calculated according to whatever fluctuations there have been in the prices of the financial contracts.
14. Reports of Transactions
If you wish, you can request the company or an authorized party on the company's behalf to send you reports on all of your transactions and information about the current amount of your collateral.
15. Charges and Commissions
You will not be charged commissions for any transaction by the company, unless the parties have agreed otherwise.
16. Trade Characteristic and Transactions
16.1. Every transaction made by you must be made according to the procedures laid out in the uTrader.com Trading Manual. The deposit of the collateral into your account for use in a transaction and the acceptance of a transaction shall be deemed sufficient consideration.
16.2. All financial contracts which the company executes and all instructions that the company accepts will be done according to the practices that are customary with regards to financial contracts of the type which you make in the system and according to the practices which are customary in international financial markets.
16.3. When trading the Forex/CFD product, trades with expiration time of 10 minutes and beyond are counted towards the client's turnover. For trades opened with expiration time of 10 minutes and beyond, the company reserves the right to manage every client's turnover individually, in case there is any suspicion of unfair trading and/ or fraudulent attempts to generate trading turnover.
17. Inaccurate Quote, Stop of Trade & force majeure
17.1. By agreeing to the terms in this document, you acknowledge that the trading facilities provided to customers via the system may be temporarily stopped without notice if there are circumstances which the company cannot control. If this happens, the company or an authorized party acting on behalf of the company reserve the right to stop any open transactions you have in the system by making a reverse transaction. The company reserves the right to do this without prior written notice. By agreeing to the terms of this contract, you waive the right to make claims of indemnification, causes of action or suits against the company if this happens. You also acknowledge and accept that this waiver of your right to make a claim is a pre-condition to the validity of this agreement between yourself and the company.
17.2. As long as a written notice has been sent to you beforehand, the company retains the right to cancel any of your transactions if they have not been executed at an accurate price or an indicative price at the time of the transaction due to human error or a system error. This applies regardless of whether the error was under the control of the company or not.
18. Payments & Settlements
18.1. With respect to transactions, no assets or funds may be transferred from one party to another except for in the case of settlement of your losses. This will be deducted from the collateral and/or payments of collected profits either by the company or by an authorized party acting on behalf of the company.
18.2. It is not possible for your collateral to be paid back to you in a currency which is different from the currency you originally used to deposit money into your uTrader.com account. Any money paid to you by the company will be paid in the same currency you used to deposit your collateral.
18.3.1. We transfer any payments to you within 7 business days from the date at which you have requested payment.
18.3.2. In case the requested for the transfer amount exceeds a monthly limit of 10 000 US dollars (in the account currency), the Company reserves the right to transfer the amount in installments on a monthly basis and will transfer entire sum within no more than 5 months from the date of request confirmation.
Before you are able to withdraw funds in your account, you have to fill in, sign (it can be signed either by you or a designated representative of yours) and send the “Request of Release of Funds” form to the company. Either the company or an authorized representative will provide you with this form.
18.4.1. It is possible to make payments to the company by credit card, but this is subject to the rules and regulations of your credit card issuer of choice.
18.4.2. Any withdrawal that cannot be refunded to client credit card will be processed by e-card or bank wire.
18.4.3. Any bank wire transaction below 200$ will be charged 20$ “transaction fee”.
19. Intellectual Property
19.1.1. The uTrader.com web site belongs to the company, and certain third parties (including our licensors). Content includes but is not limited to the terms, data and names. These may or may not be accompanied by a symbol which identifies them as registered trademarks or items in which copyright is claimed. The lack of a symbol suggesting that there is an intellectual property right should not be interpreted as meaning that the data, term or name is not the intellectual property right either by the company itself or a third party.
19.1.2. If the intellectual property of a third party has been used by us as content anywhere on our web site, this should not be understood as meaning that said party is affiliated with us, nor that it sponsors or endorses us. It should also not be interpreted as meaning that the third party is making any form of representation as to the advisability of using our products for trading and/or betting.
19.1.3. None of the content on this web site may be reproduced, uploaded to a third party, adapted, framed, linked to, performed in public, transmitted in any form or distributed unless we have given our written consent beforehand.
19.1.4. By agreeing to the terms and conditions, you also agree not to permit or resell access to the web site to other persons, and not to copy anything appearing on the web site for any purpose without first getting written consent from the company. You will personally be responsible and liable if you make unauthorized use of the web site.
20. By agreeing to the terms in this agreement, you agree to only use information which you receive from the company's information system to make transactions in the company's website and system. You may not use the web site or service for any abusive, unlawful, harassing, libelous, obscene, threatening or defamatory purpose or for a purpose which intrudes on another person(s) privacy.
21. If the company has any reason to believe that any information which you have provided to the company is no longer accurate or current, then the license which has been granted to you under this agreement will be terminated. This will also be the case if you do not comply with the terms and conditions in this agreement. If you violate any of these terms and conditions, you agree that your access to our services will end immediately. By agreeing to the terms of this agreement, you agree that the company has the right to end access to all services and remove any content or information within a service without giving you prior notice and at the company's own discretion.
With regards to the length of validity of the license granted to you by the company in this agreement in terms of using the software, it will be effective and valid as long as this particular agreement or any other agreement which replaces it remains in force. The company retains ownership of all software, intellectual property and documentation at all times. It is a violation of this agreement to use the software for any use, whether by a person, corporation, business, government organization or any other entity other than that specified in this agreement.
You are not allowed or given permission to rent, lease, modify, distribute, loan, display, disclose or create derivative works based on our software. You are not allowed to decompile, translate, reverse engineer, adapt or disassemble any part of our software. You may not ever try to create the source code from the software's object. You are allowed to transfer the company's software to other computers belong to yourself, but only on the condition that you only use the software on one computer at a time and not on two or more computers simultaneously.
24. Proprietary Protection
The company's web site, all documentation and the company software all contain material which is protected by international copyright, trademark laws and trade secrets. This material is also protected by international treaty provisions. Any right which is not expressly granted to you in this agreement is reserved by the company or the company's partners/suppliers/licensor. It is forbidden to remove any proprietary notice from any copy of the company's software or documentation.
25. Linked Third Party Web Sites
Occasionally, the company might publish links to other web sites which are controlled or run by third parties. Any link of this nature is not a form of authorization, endorsement, affiliation or sponsorship.
26. With regards to the above mentioned hyperlinks, the company cautions you to be certain that you understand all risks involved with used those sites before you use them, rely on them or purchase anything from them. These links are provided to you for no other reason than your convenience. By agreeing to the terms of this contract, you agree that the company will bear no liability in the event of any kind of damage or loss as a result of use or reliance on any services, goods or contents available on linked sites.
27. Binding Form
By agreeing to the terms of this contract, you agree to and acknowledge that the company has the right to update/adjust/amend this agreement's terms on occasions at its own discretion. This will, however, only be the case that the current and accurate binding form has been published on the company web site and is accessible to you. This form will always be updated and current.
You hereby acknowledge that the company software contains certain proprietary trade secrets and by agreeing to the terms of this agreement, you agree to maintain the confidentiality of the company software by making a great effort to keep your own confidential information confidential.
29. Limits to Warranty
We must emphasize once again that any use of the company's software or web site is done entirely at your own risk. The company's services are provided to you without representation of any kind or warranty. The company disclaims all warranties, to the maximum extent allowed by law. Hence, the company does not warrant that any functions in the software will meet any kind of needs or requirements you might have, or that the software will run without error, or that any error will be able to be corrected, or that the software will be compatible with all platforms. You assume the entire risk of using the company's software upon yourself. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PARTY OF THIS LICENSE AGREEMENT AND MUST THEREFORE NOT BE OVERLOOKED. Naturally, this part of the agreement is limited to the regulations and laws in whatever your country of residence is. Some jurisdictions do not allow any kind of waiver of implied warranties, so this part of the agreement may not apply to you personally.
30. Limited Liability
The company, is directors and employees shall bear no liability to you or any third party for any consequential or incidental damages in any event or scenario as a result of the use or inability to use the company's software. This will also apply to claims by other parties, and this will be the case even if the company is aware of the possibility of such damage beforehand. The company's overall liability with regards to all obligations in this agreement or with regards to documentation and the company software shall not amount to more than the amount of the fees which you have paid for using the documentation and software. This limitation may not apply to you if you reside in a country or state which does not allow limitation or exclusion of liability for incidental or consequential damages by law.
31. Statement of Privacy
32. Agreement Termination
32.1. The company reserves the right to end this agreement whenever the company wishes to do so. This will be done by giving you notice.
32.2. You can end this agreement at any time you wish by giving the company prior notice of 48 hours.
32.3. To be able to end the agreement, you must first execute all required transactions.
32.4. From the moment you have sent your termination notice to the company, you will not be allowed to make new transactions.
33. Other Terms
33.2. The parties to this contract only are responsible for performing the obligations outlined in this agreement. The agreement does not grant or form any rights for the benefit of any third party whom is not mentioned in this agreement and whom is not a signatory under this agreement.
33.3. The customer may not transfer any obligations or rights under this agreement or the agreement itself to a third party.
33.4.You may be sent documents or notices by either the company or an authorized party on behalf of the company by post, courier, telex, fax or e-mail. Any notice which the company sends to you will be sent by courier or certified mail. Any notice of this nature will be effective when it has been received by the customer.
34. All news, research, prices, opinions or other information which can be found on this web site is provided to customers as a form of general market commentary. It shall not be interpreted as advice in any way or at any time. The company will not be liable for any damage or loss which may be the result of the customer relying on such information, whether the use is direct or indirect.
35. Usage of any services offed to you by the company and/or usage of uTrader.com and the uTrader.com web site, means that the customer/user agrees that uTrader.com.com, the author of uTrader.com and any other bodies associated with uTrader.com will not be liable for any kind of damages or loss, whether indirect or direct, which will be the result of the usage or use of signals, software, information, messages, worksheets, manuals, alerts, instructions, directives or any other information on the web site which is connected to use and understanding the services which are offered to you by the company.
36. You are using the services offered by uTrader.com and the website entirely at your own risk.
37. There is no guarantee of results, performance or anticipated return on any kind of investment at any time.
38. You cannot rely on past performance as a form of guarantee of future results or future performance.
39. Usage of the web site entails that you agree to take exclusive and full responsibility and liability for all of your actions.
The type of financial transaction described in this agreement involves the use of a financial leverage, and these financial contracts should therefore be considered to be financial activities with a high risk. Before you start trading with the company, you must carefully consider if this type of financial activity suits your financial resources and personal circumstances. The risk of loss of some or all of the funds you have invested over a short period of time is high, and therefore we advise you to only use funds which you have designated for the purpose of speculative financial transactions with a high level of risk. It is important that we emphasize that this section of the agreement does not include every possible risk which is associated with the type of transaction you can make with uTrader.com and which is described in this agreement.
You must bear in mind that trading in financial markets generally and purchase of digital and CFDs, Forex and Options in particular is speculative activity and therefore involves an extremely high risk factor. By agreeing to the terms of this, you expressly state that you completely understand that small differences in market prices can happen in very short time frames and this can lead to high profits or losses. This could potentially involve the total loss of all securities. There is no way that the customer can guarantee profits from any kind of financial transaction of the kind described in this agreement. The customer/client acknowledges that he fully understands the risks involved in trading CFDs, Forex and Options as a result of this.
Registering an account with uTrader.com and making transactions entails approval by you that you are entirely aware that or that you agree that:
(1) There is a high level of risk attached to the type of transaction offered to you by the system.
(2) You have full knowledge and information with regards to CFDs, Forex and Options and other options and of the risks associated with these types of options. You carry out all transactions at your own discretion, liability and risk. You undertake that you have the financial capability to finance any such transaction and that you will bear the consequences of making such transactions.
(3) That the contract prices displayed on the uTrader.com web site do not necessarily reflect live market values. They are “strike prices” or “option prices” and the prices at which uTrader.com is prepared to sell its CFDs, Forex and Options to its customers.
(4) By purchasing CFDs, Forex and Options, you may lose a considerable amount of invested money or even lose all of your securities.
(5) All customers must complete uTrader.com's withdrawal procedures to be able to make withdrawals.
(6) Before executing any financial contract, you have read through all of the terms in this agreement and fully understand them, including the potential consequences of trading CFDs, Forex and Options and other options.
(7) That investing incorrectly can cause you considerable loss of finances.
(8) That the lifespan of financial contracts offered by uTrader.com to the customer can be as short as just a few minutes.
(9) Only experienced users who are capable of sustaining losses are allowed to use this system. You must give careful consideration to whether such financial transactions suit you considering your personal circumstances, resources etc. You must understand the potential implications of executing such financial contracts an d are advised to consult with legal advisers and tax experts before joining uTrader.com and trading. You bear all responsibility and liability in relation to this.40. Changes in the terms of the agreement are applicable to both new customers and existing ones.