- This Agreement is entered into by Platypus Media LLP. a private company registered under the laws of England having its registered office at Suite 368, 2 Lansdowne Row London W1J 6HL England (hereinafter referred to as: the “Company”), and yourself (hereinafter referred to as: “you” or “Customer”) (In this Agreement the Company and you may be referred to collectively as the: “Parties”). Highoption.com Owned and Operated by Platypus Media LLP, Financial and Marketing Services Company Registered in Suite 368 2 Lansdowne Row London W1J 6HL UK.
- The Company is engaged in the operation of an online system facilitating the execution of certain transactions of Financial Contracts (as defined hereunder) by using various platforms and HighOption names (hereinafter referred to as: “HighOption”). This Agreement applies to both the Company’s Web site and HighOption System (as defined hereunder) as well as to the electronic content and or software currently contained on the Web site that supplies you with real time information about the prices of the Financial Contracts (as defined below) and/or the exchange rates of international currencies, as well as with the HighOption System (as defined hereunder) for the execution of Financial Contracts (as defined below) and/or foreign currency trading transactions (hereinafter referred to as: the “Service(s)”), and any other features, content or services that the Company may add in the future. The Company provides the Services directly to its customers and/or sometimes by the use of authorized local representatives. The representative applicable to your country, if one is available, is listed in the attached Designated Representatives Exhibit. In the event that the Company has a local representative, the Company may delegate to such representative any powers and/or authorities it so deems fit and necessary from time to time, in connection with the local operations of the HighOption system at your country of residence.
The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:
3.1. “System” shall mean an electronic system designed to facilitate trading in Financial Contracts via the Internet using the HighOption platform as defined above subject to all terms of this Agreement and the terms of the Trading Manual (as defined below) which conforms an integral part of the Agreement;
3.2. “Financial Contract” or “Contract” shall mean a contract to purchase Binary Options or Digital Options or any other financial offering that the Company may offer by the System from time to time to its customers;
3.3. “Binary or Digital Options” shall mean an option which offers a fixed return predetermined at the onset of the Contract;
3.4. “Contract Price” shall mean the rates offered by the System and based upon “indicative” rates provided by various financial information systems as the current updated rates for contracts of the applicable nature on the financial markets;
3.5. “Markets” shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free trade, and other markets where various financial assets are traded;
3.6. “Business Day” shall mean one calendar day beginning at 00:00 and ending at 23:59 GMT;
3.7. “Transaction” shall mean purchase/sale of a Financial Contract for a fixed price;
3.8. “Closing” shall mean a reversed transaction aimed to close an open position (sale of a financial contract previously purchased and vice versa) with a sum or at a quantity identical to the one spent in the initial transaction on the same Business Day;
3.9. “Collateral” shall mean the initial sum deposited by you with the Company after the deduction of loses, deduction of funds withdrawn by yourself, plus profits derived from the Transactions;
3.10. “Trading Manual” shall mean the manual detailing the procedures and terms for the performance and execution of Transactions;
- Membership Eligibility
The Company’s Services are available and may be used only by individuals or companies who can form legally binding contracts under the applicable laws in their country of residence. In addition, the Services are not available to persons under the age of 18 or otherwise under legal age or who cannot execute legally binding contracts under laws of their country of residence (“Minors”). If you are a minor, you may not use this service. For the avoidance of doubt, the Company shall not be responsible for any unauthorized use of its Services by Minors in any way or manner. Furthermore, the Services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via this site and have done so without relying on any information contained in this site. To remove any doubts, the Company is under no obligation to verify and/or check whether you possess such sufficient knowledge and/or experience, nor shall it be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience. Furthermore, it is hereby clarified that the Company is not, and shall not, be responsible in any way to the accuracy of any information published on its Web site by itself or by others, and every published or referenced item of information should be regarded as unfounded information for the purposes of managing your activity and risks. We strongly emphasize that you must ensure that all information required by you was checked and confirmed by yourself, through independent information sources to your satisfaction prior to the execution of any action by yourself on the Web site. IF YOU DO NOT HAVE THE KNOWLEDGE AND/OR EXPERIENCE AND/OR PERSONALLY ASSESSED DATA OR EXECUTE TRANSACTIONS BASED ON A LEARNED BASIS PLEASE DO NOT USE OUR WEB SITE OR SYSTEM.
- The Account
5.1. Upon execution of this Agreement, the Company shall set up an account in your name and ownership in the System. The account and other relevant details shall be in accordance with the information provided by you, as shall be required by the Company from time to time. You must ensure that the information provided by yourself is complete, true and accurate. It is hereby clarified that the provision of misleading information may be regarded as an offence and shall entail immediate cessation of activities in your account or its immediate closure. You acknowledge that upon the completion of your identification process by the Company, it may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System from time to time, and to that end may transfer identification details provided to it by yourself.
5.2. By accepting all of the terms and conditions of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company to carry out orders and activities in accordance with your instructions or according to instructions provided by your duly authorized agent(s) in writing and/or orally all in accordance with the powers granted to the Company under this Agreement and/or for the provision of the Services.
5.3. To remove any doubts, the execution of any Transaction in the account is subject to the deposit of the Collateral by you. The Company shall not allow you to execute any Transaction without the said deposit and/or in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Company’s policy from time to time. To remove any doubts, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading. All funds shall be held by the Company for you and the Company may deposit such funds with any financial institution including but not limited to such funds being used as collateral for the e Company’s Transactions. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in your account, the Company shall have the right to decrease your exposure in the said Transaction and/or approach you to rectify such required Collateral and/or demand from you payment in full for any deficiency which has occurred by your Transaction which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Transaction and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by the Company.
5.4. To remove any doubts, it is hereby clarified that the Company may, at its sole discretion, amend form time to time the terms governing the use of the System, the scope of its Services and the sum of the Collateral required for the execution of Transactions by you, without prior notice. However, any such change to the rules made whilst the site is in operation will not apply retrospectively and will only apply to acquisitions of financial contracts made after such change.
5.5. Upon the opening of the account, the Company shall issue you with a confidential personal identification code (hereinafter: the “Access Code”) to be used by you to operate your account via the Internet. You hereby irrevocably undertake to safeguard the Access Code and hereby waive any and all claims against the Company relating to any unauthorized use of the Access Code.
5.6. Acquisition of Financial Contracts through the System must be effected in accordance with the HighOption version of the terms and conditions presented in this site. To remove any doubts, the Company may amend, change or cancel any part of the said terms and conditions, and their effect shall be from the date such amended terms have been inserted into the site. Acquisition of a Financial Contract is completed when the Financial Contract has been customized, the premium (or the pat, as the case may be) has been calculated and payment has been verified.
- The Company hereby warrants and undertakes that:
6.1. It has the required skills and know-how to provide the Services.
6.2. In no event shall the Company or anyone on its behalf shall act, or be deemed to act, as agent/trustee/broker for you when executing Transactions in the System.
6.3. Neither at present, nor in the future shall it provide any financial advice to you or any of its customers and no information which may be found on the Company’s Web site may be considered as financial advice for any purpose whatsoever. To remove any doubts, information given on the site, the System and/or emails or newsletters sent by the Company related to its Services or financial markets, is not intended to be used as financial or investment advice and the Company shall not accept any liability in this respect, nor shall the Company accept any responsibility for the accuracy or comprehensiveness of the information provided on this site. It is your responsibility to any and all independent inquiries as you deem fit, prior to making any financial decision.
6.4. It shall not be liable in any way whatsoever for any claims, suits, contentions, losses, expenses, damages etc. incurred by you as a result of your reliance on any information provided by the Company.
6.5. The maximum loss that you may incur using the System, is the amount of money paid by you to the Company as Collateral and/or any sums in your Account which you used to purchase Financial Contracts.
6.6. The Company does not provide a market amongst or between customers for investments, securities, derivatives or speculations. Each Financial Contract purchased by you via the System, is an individual agreement between yourself and the Company and is not a security, nor is it transferable, negotiable or assignable to or with any third party.
- Company’s rights regarding the operation of your account
The Company reserves the right to suspend the operation of this site or sections thereof under the following circumstances:
7.1. when, as a result of political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility and power of the Company, the continued operation of this site or the System shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a price cannot be calculated for financial betting contracts; or
7.2. when there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial betting contracts or where the price or value of any of the financial betting contracts cannot be promptly or accurately ascertained; or
7.3. when the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the price of a specific Contract in particular.
7.4. Under such circumstances, other than in the case of abuse or manipulation of the System, the Company may at its sole discretion (with or without notice) close out your open financial betting contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto.
In case of abuse or manipulation of the System, the Company may at its sole discretion take any measures it deems fit and appropriate under the said circumstances.
- You hereby warrant and undertake that:
8.1. All details provided by you to the Company are true, complete and accurate and that you are an adult over the age of 18 (or the required minimum age in your country of residence) so that you may be legally bound by the terms of this Agreement and that you are an experienced investor who has sufficient financial knowledge and experience to understand and independently evaluate the risks entailed in the activities contemplated under this Agreement.
8.2. You shall be the sole owner and beneficiary of the account.
8.3. You acknowledge and understand that the Company operates and is regulated under applicable local laws and regulations of Republic of United Kingdom You are aware and you hereby acknowledge that the Company cannot control your actions and you are required to make necessary inquiries as to the legal status of your activities and applicable local laws and regulations, as currently in force in your place of residence and abide by such laws and regulations. You understand that laws regarding Financial Contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any laws, regulations or directives, relevant to your country of residency with regards to the use of the Web site and/or the System. For avoidance of doubt, an actual ability to access the Company’s Web site does not necessarily mean that the Services and your activities are legal under the laws, regulations or directives, relevant to your country of residence. You hereby confirm, after conducting the necessary inquiries, that there is no legal constraint which precludes you from using the System or executing Transactions as described in this Agreement. To remove any doubts, the Services are not to be used where they are illegal to use, and the Company reserves the right to refuse to provide and/or cancel Services, in whole or in part, to anyone at any time, at its own discretion without cause, including but not limited to events in which the Company learns that you are performing activities which are not regulated under the laws of your place of residence.
8.4. All funds to be deposited by you in your account from time to time, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc. To remove any doubts, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf by the Company or anyone on its behalf. Such monies are used as collateral for your transactions in the System.
8.5. You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood the Risk Factors Disclosure section at the bottom of this page, which forms an integral part hereof and you agree to all of its terms.
8.6. You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person, any member of your family, any other third party who have gained access to your account, or by your agent or attorney or the Company’s employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions and/or orders. You are responsible for ensuring that you and you alone shall control access to your account, and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the site for your account. You shall also indemnify the Company in respect to all costs and losses of any kind, whatsoever as may be incurred by the Company as a result, direct or indirect, of your failure to perform or settle such a transaction.
8.7. You are aware that the Company does not provide any equipment nor is it an Internet Service Provider and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, on your end, or any other equipment not provided by the Company and/or any Internet connection malfunction and/or any computer program or software bugs and/or errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. You shall be responsible for providing and maintaining the means by which to access the Web site, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access, service, license and subscription fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as “computer” or “your computer”). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device.
8.8. You acknowledge and confirm that the Company does not represent, warrant or guarantee that: (i) you will be able to access or use the web site at times or locations of your choosing, or that the Company will have adequate capacity for the web site as a whole or in any geographic location; and (ii) the web site will provide uninterrupted and error-free service. You hereby further acknowledge and confirm that the Company shall not be responsible for an impossibility to execute orders and requirements due to failures in the operation of information systems caused by faults, of any kind whatsoever.
8.9. You shall duly report your activities to any applicable tax or other authority, as may be required by any laws applicable to you or to your country of residence and you shall pay all applicable taxes, levies, governmental fees and charges associated with the activities of your account including required deductions at source and you forego any claim against the Company in this respect.
8.10. You shall not abuse this site nor the System for the purpose of money laundering. The Company employs best-practice anti-money laundering procedures, which may have several effects on you. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the Transactions of, customers who do not accept or adhere to these anti-money laundering processes. The anti-money laundering processes have the following effects on customers:
8.10.1. You must fill into the account opening form all requested details that establish you identity.
8.10.2. Winnings may only be paid to the initiator of an account and to an account under his own name and not to any third party’s account. When you maintain an account by means of telegraphic deposits, winnings are only paid to the holder of the originating bank account, and it is your onus to ensure that account number and name accompany all transfers to the Company. When you maintain an account by means of credit/debit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings will be transferred by telegraphic means subject to the conditions described above.
8.10.3. Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person.
8.10.4. The Company may, from time to time, at its sole discretion, require you to provide proof of identity (such as notarized copy of passport or other means of identity verification as the Company deems required under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
8.11. You have read this Agreement in its entirety including its appendices, and understood its content and implications, including the risk of loss of all of your Collateral, before accepting its terms.
9.1. In order to be able to start using the System to execute Transactions, you shall be required to transfer moneys to an account designated by the Company, to be used as collateral for the Transactions described herein.
9.2. The Company shall have all rights and authority with respect to the Collateral until its withdrawal by you.
9.3. Any profits accruing from your Transactions shall be added to your account as a supplementary collateral. All losses resulting your Transaction shall be deducted from your account.
9.4. To remove any doubts, your credit balance shall bear no interest.
10. Additional deposits, Withdrawals, and Closure of the Account
10.1. Any withdrawal of the available Collateral, whether partial or total, including any accrued profits (but not future profits) – shall be executed by you in writing, with a prior notice to the Company of at least seven business days.
10.2. You may transfer to your account, at any time, additional funds to be used as Collateral for Transactions. All terms of this Agreement shall apply to any additional funds so deposited.
11. Duly Authorized Persons
11.1. You may from time to time inform the Company of any person or persons that you have empowered or authorized to communicate with the Company on your behalf. Such information shall only be sent to the Company by a written notice, which shall include the names and identifications details of the authorized person or the persons. In addition a signature specimen of each of the above shall be delivered to the Company. This delegation of authority could also be revoked in writing.
11.2. Written or orally transmitted orders to execute Transaction by any such authorized representative shall bind you and the Company for all intents and purposes.
12. Recording of Telephone Conversation and Record Keeping
12.1. The Company or an authorized party on its behalf may (but is not obligated to) record every telephone conversation.
12.2. The Company or an authorized party on its behalf shall keep copies of every written order received from you for a period to be determined by its sole discretion. Furthermore, the Company or an authorized party on its behalf shall maintain records of all your Transactions.
12.3. Any of these records/recordings may be used by the Company for any purpose the Company sees fit, including in the resolution of conflicts which might occur between the Parties.
12.4. It is hereby clarified that the said records/recordings are the sole property of the Company and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in any event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, including by strict instructions from the competent bodies or authorities, you shall bear the full cost of duplicating and/or copying of any record and/or documents in accordance with the then current the Company official price list for such services.
13. Risks and Liability
13.1. All the Transactions shall be carried out on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement. To remove any doubts, in any event, any sum to be claimed by you may not exceed your Collateral.
13.2. You hereby declare that you understand and accept that a fundamental pre-condition to this Agreement, relates to the Company’s right to close at any time, without an advanced notice, any Transaction executed by you, in the event that your portfolio shall be of zero value or less, as calculated with respect to the fluctuations in the Financial Contracts’ prices.
At your request, the Company or an authorized party on its behalf shall provide you with reports of all your Transactions and your current Collateral amount.
15. Commissions and Charges
You shall not be charged any commissions by the Company for any Transaction executed unless agreed otherwise by the Parties hereto.
16. Transactions and Trade Characteristic
16.1. Each Transaction shall be executed in accordance with the applicable procedures as set forth in the Trading Manual. For all intents and purposes the acceptance of a Transaction by you and the deposit of the Collateral to be used in such a Transaction shall be sufficient consideration.
16.2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets and customary practices which apply to Financial Contracts of the nature of the Contracts executed by you using the System.
17. Stop of Trade, Inaccurate Quotes, Force Major
17.1. You understand that the trading facilities provided by the System, may be halted or suspended at any time without a prior notice due to circumstances beyond the control of the Company. In such an event, the Company or an authorized party on its behalf may close any open positions you may have (by performing a Reverse Transaction) without prior written notice being sent to you, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. You hereby waive any claims of indemnification / suits / causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement.
17.2. The Company reserves the right, provided a prior written notice to this effect has been sent to you, to cancel any Transaction that due to a System and/or human error, whether under the control of the Company or not, has been execute at a price which at the time of the Transaction was not the indicative and/or accurate price of that said Financial Contract created by the transaction.
18. Settlements and Payments
18.1. No funds or assets shall be transferred by one party to the other with respect to any Transaction, other than settlement of your losses which shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf.
18.2. It is hereby clarified that the Company does not provide currency exchange services and therefore your Collateral may not be repaid to you in a currency different from the currency you deposited with the Company. The outstanding balance (of your debts and receivables from the Company) shall be repaid to you in the same currency with which you paid your Collateral.
18.3. To remove any doubts, all payments demanded by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment.
18.4. Withdrawal instructions.
In case you wish to withdraw funds accrued in your account, you must complete, sign and return to the Company, as a pre-condition to processing your request, the ”Request for release of funds” form, which shall be delivered to you by the Company or an authorized party on its behalf. No funds shall be released by the Company without the prior receipt by the Company or an authorized party on its behalf, of the said form, duly signed by you or your designated representative.
18.4.1. Payment by credit cards. Payments may be made to the Company by credit cards subject to the regulations of the applicable credit cards issuers.
19. Intellectual property
19.1.1. This Web site belongs to us or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol All copyright, database rights, trade marks and other intellectual property rights in the content of should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party.
19.1.2. Any third party intellectual property used by us in the content of our Web site should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of betting on or trading in our products.
19.1.3. Except where necessary in order to view the information on this Web site on your browser, or as permitted under Republic of United Kingdom law or these Terms and Conditions, no information or content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
19.1.4. In addition to the above, you agree not to “deep-link” to the Web site, resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of the Company. For the avoidance of doubt, you shall be responsible and be bound by any unauthorized use of the site by you, made in breach of this section.
20. You agree to use the information received from the information systems of the Company for the sole purpose of executing Transactions inside and within the Company’s Web site or System. You further agree not to use any electronic communication feature of a Service on the site for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
21. The license granted under this Agreement shall be terminated if the Company shall have reason to believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each Service. Upon such violation, you agree to cease access to the Services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service.
The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which replaces it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
23. Proprietary Protection
The Web site, Software and Documentation contain material that is protected by international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of the Company from any copy of the Software or Documentation.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time.
The Company may provide links to other sites that are controlled or offered by third parties. Such link to a site(s) is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
26. The Company cautions you to make sure you understand the risks involved in using those site(s) before retrieving, using, relying upon or purchasing anything via the Internet. Links to these web sites are provided solely for your convenience, and you agree that under no circumstances will you hold the Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
27. Current and binding form
You acknowledge and agree to the fact that the Company may update and/or adjust and/or amend the terms of this Agreement from time to time according to the needs of its activity and in its sole discretion, provided however that the accurate and current binding form shall be published and accessible to you on the Company’s Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time.
You acknowledge that the Software contains proprietary trade secrets of the Company and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with the Software, and to use best efforts to ensure their compliance with such terms and conditions.
29. Limited Warranty
ANY USE BY YOU OF THE COMPANY’S WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM INCLUDING THE SOFTWARE MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE YOU RELY ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
30. Limitation of Liability
IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
31. Privacy Statement
32. Termination of Agreement
32.1. The Company may terminate this Agreement at any time by giving you notice to this effect.
32.2. You may terminate this Agreement at any time by giving the Company a 48 hours advanced notice.
32.3. Termination of the Agreement by any of the Parties shall require you to close all open positions by executing the required Transactions.
32.4. As of the date of the termination notice by you, you may not execute any new Transactions, which shall open new positions in his account.
33.1. This Agreement, including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that Customer is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally.
33.2. All obligations under this Agreement shall be performed by and between the Parties. This Agreement does not create any rights on behalf of, or to the benefit of, any other third party not a signatory hereto.
33.3. You may not transfer this Agreement or any of your rights or obligations hereunder to any third party.
33.4. The Company or an authorized party on its behalf may send to you any notices and documents by post, telex, courier, e-mail or by fax, as it deems fit. Any notice to be sent by you to the Company shall be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company.
33.5. This Agreement shall be construed and enforced in accordance with, and shall be governed by Republic of United Kingdom notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of Republic of United Kingdom (the “Courts”) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts.
34. Any opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary, and does not constitute and may not be construed as investment advice of any kind. The Company shall not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information as mention above.
35. By using the services offered by the Company and by using this website the user agrees that HighOption.com, the author and any other entities associated with the HighOption.com shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etc and any other information contained in regard to its use and understanding.
36. Use of this site and the services offered by HighOption.com are made at your own risk.
37. Neither guarantee of performance, results nor any anticipated Return on investment is offered at any time.
38. Past performance is no and may not be construes or relied upon as Guarantee of future results.
39. By using this website You agree to assume full and exclusive responsibility liability for your research, decisions and actions.
Risk Factors Disclosure appendix
THE EXECUTION OF FINANCIAL TRANSACTIONS, SIMILAR IN NATURE TO THE TRANSACTIONS CONTEMPLATED AND DESCRIBED IN THIS AGREEMENT INVOLVE THE USE OF A FINANCIAL LEVERAGE. THE USE OF A HIGH FINANCIAL LEVERAGE COUPLED WITH EXECUTION OF THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT SHOULD BE CONSIDERED AS HIGH RISK FINANCIAL ACTIVITIES. YOU SHOULD CAREFULLY CONSIDER WHETHER THIS KIND OF FINANCIAL ACTIVITY SUITS YOUR NEEDS, YOUR FINANCIAL RESOURCES AND YOUR PERSONAL CIRCUMSTANCES. SINCE THE RISK OF LOSS OF PART OR ALL OF THE INVESTED FUNDS IN A SHORT PERIOD OF TIME IS HIGH, IT IS ADVISABLE TO USE FUNDS WHICH ARE DESIGNATED BY YOU FOR HIGH RISK SPECULATIVE FINANCIAL TRANSACTIONS.
THE CAUTIONS DETAILED IN THIS DISCLOSURE SECTION DO NOT INCLUDE ALL POSSIBLE RISKS ASSOCIATED WITH THE KIND OF TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT.
Trading in financial markets in general and purchasing Digital Options in particular is speculative and involves extremely high risk and high financial leverage. It is manifestly stated by the Client that he fully understands that minor differences in market prices may occur in short time periods and may cause high profits or losses in relation to the securities, as high as total loss of all securities, all in short time period and that there is no existing method that can assure profits from Transactions in financial markets.
By registering to the Site opening an account and carrying out Transactions, you hereby approve that you are aware of the following:
The type of Transactions offered by the System may be considered special risk transactions and carrying them out might involve high level of risk.
You agree and confirm that you have full information and knowledge regarding options, including Binary Options and the risks involved in options Transactions in general and Binary/Digital Options Transactions in particular. Carrying out Transactions is at your sole discretion and you hereby undertake the risks involved in such Transactions and has the financial capability to finance the aforesaid Transactions.
you are aware that the contract prices presented by HighOption may be REFERRED to as strike price or option price are the prices at which HighOption is willing to sell its binary options. these prices do not NECESSARILY reflect live market values.
In the event of purchasing Binary Options you might expose yourself to considerable loss of the invested money or even to total loss of the securities.
You read the terms of this Agreement and all terms relating to Financial Contracts as they are defined in this Agreement prior to the execution of any Financial Contract and fully understand the consequences and results of success or failure.
You know that incorrect investment may cause you considerable loss.
You know that the lifetime of any Financial Contract offered by the System may be as short as a few minutes.
The use of the System is solely designated for sophisticated users with the ability to sustain swift losses up to total loss of the invested money and/or the securities. You are responsible for careful consideration whether such Transactions suits you and your purposes while taking into consideration your resources, your personal circumstances and understanding the implications of actions made by yourself. It is highly recommended that you consult with tax experts and legal advisors.