Described herewith are the terms and conditions that apply on D2M Limited (hereof: "the D2M or the company"), and its customers using the services of the D2M. Your connection with the D2M and Using any service of the Company is subject to your agreement and declaration that you (the "Client"), have read and agreed to these Terms and Conditions (The "Agreement").
Usage of the D2M trading and other services ("Company services") is personal and permitted from age 18 and above. The client is responsible to make sure that there is no legal or other obstacle to its use of the D2M services and that he has fulfill any legal demand. The D2M will not be responsible in any way to any damage and/or loss that occurred as a result of any breach of these Terms and Conditions.
Usage of the D2M services is by a limited license given by the D2M to the Client. The license is personal, non transferable and is subject to this Agreement. The Client may not transfer, assign, and enable other to make any use of the license or act in the client's account by someone other than the Client, and/or give the Client's user-name and/or password to anyone. Any action taken in contradiction to this terms and any damage caused to Client, Company and any third party, will be under Client's sole responsibility.
All trades and deposit and withdraw of the guarantee, as described hereinafter is under the client's responsibility. Also, all end-user equipment needed for the client for proper operation of the D2M services by the Client, is under the Client's full responsibility, including the safeguarding of the client's user-name and password.
The foreign exchange deposit dealings have the risk of the loss by the change of not the one that principal is guaranteed but the price of the currency. It is not the one that principal is guaranteed. Moreover, the loss more than the amount of the deposit that the client did escrow to D2M might be caused by the situation of the market.
The difference is in the sales price and the purchase price that D2M presents.
Moreover, the spread of the sales price and the purchase price expands by the market price situation, and intended dealings cannot be done, the loss is caused, and there is a possibility for the amount of a loss to exceed the amount of the deposit that the client did escrow to our company.
The foreign exchange deposit dealings accompany a big risk by the leverage effect compared with the currency dealing of the foreign currency deposit etc.
Actual dealings amount of consideration grows more than the amount of the deposit. The loss that exceeds the deposit in which escrow is reversely done might be received though it becomes possible with a big position by the deposit of small amount, and the hefty profit can be obtained by the capital of small amount.
The dollar, yen, and dealings of the principal currency such as Euro usually have high liquidity. However, new open positions and the reversing trade become difficult when the market participant like the end of holiday and the New York market of the major power, and the first openings during the week, etc. is little, and the risk that the contract and the contract in a rate that is more disadvantageous than usually cannot be done is generated. Moreover, dealings are and there is a risk of becoming impossible under a special situation of the change in the natural disaster, the war, terrorism, the political change, and the exchange management policy etc. for a certain period.
Dealings using the online transactions system have a risk that differs from the telephone dealings and is peculiar.
The intended order is by miss-inputting the customer own order because it doesn't use the person for the order at dealings with the Online transactions system and there is a risk that no contract or nor the order not intended does the contract.
Moreover, the Online transactions system has temporary or the risk that cannot be used over a fixed period of time again by PC of D2M or the client and the breakdown and the troubles etc. such as the communication, the system devices, and telecommunication lines due to the trouble etc. of our Online transactions system.
Additionally, information on the account number, the name of the user, and the password, etc. used when the Online transactions system is used is and there is a risk that the loss occurs because the third party misuses the risk of leaking by the theft and tapping and the information.
There is a possibility that the order, execution, the confirmation of the order, and the cancellation, etc. cannot be done by the system failure etc.
The foreign exchange deposit dealings of our company have the risk to the confidence situation of the opponent of dealings for the over-the-counter transaction. In a word, there is a risk to the confidence situation of D2M in the client.
Condition for opening an account is for the making a deposit for the Company, according to the rules set by the Company from time to time, as a guarantee for the Clients trading activity,. The guarantee bares no interest or any other benefit. Rate spreads and Losses originating from trades will be deducted from the guarantee and profits will be added to the guarantee and will provide additional guarantee for trades. Any part of the guarantee that is not actively securing any trade may be withdrawn by the Client by sending a proper order to the Company. The Client can see his guaranteed funds and open trades by entering the on-line trading platform.
Making a deposit is possible with a bank transfer and in several currencies, and the deposit will be converted and managed in US dollars or Japanese yen, according to the D2M choice of the bank exchange rate.
When making a bank transfer, according to anti-trust law and regulations, the Client is required to make use of one bank account, present in his country of domicile and registered under his name. The Client should send the D2M an authentic SWIFT confirmation, stating the full bank account details and the Client's name and Id, and also a clear copy of the Client's Identification document.
When making a deposit using a credit card of the Client, the Client should send the D2M, clear copies of both sides of the credit card and of his Identification document.
When opening an account, the Client will be required to identify himself according to the D2M regulations and any applicable law. The Client is required to provide full and true information and sign any document needed to for proper operation on the platform and management of the deposit funds.
Withdraw of the deposit funds will be executed within 14 working days upon a Client's withdraw request was received at the D2M(Friday, Saturday and Sunday are not considered working days of the D2M, in addition to holidays and any other non-working days), and will be in the same currency and to the same account/credit card from which the funds were originally deposit, unless the Company has decided, by its own discretion, to return the funds to the Client to a different account from which he has made the deposit or in a different currency.
The Client declares that the funds are not from criminal an illegal activity and no violation of anti-trust law throughout the world.
The Client will have no claim against the D2M and will not hold the D2M responsible to any delay and or differences origin from credit companies or banks rates calculation and/or commission and/or any other debit, including credit companies and banks identification regulations and any other demand.
Margin call - it is the Client's responsibility to verify that there are sufficient funds in the account to secure all open trades, otherwise, the platform may inform about expected lack of guarantees, and the Client will be required to complete the necessary funds. If the necessary funds will not be deposited, the D2M may close the Clients' trade(s). Margin call in ECN account shall be performed when the collateral securing the trade(s) has reached 20% of the collateral in the Account.
The D2M is entitled to, at its sole discretion, to determine the maximum position level and the maximum open positions at any account.
The D2M allows the execution of simultaneous trades up to 10 million base currencies and/or 20 million accumulated base currency. Because special approval of D2M is needed to do a large amount of dealings, it is necessary to inquire of the customer center more. The D2M is entitled, by its own discretion, to cancel any trade that has been executed in contradiction to these terms. All of the Client's accounts shall be considered as a single account in connection to the volume limitation clause.
In case of wrong rates quotes or any other fault, including rates quote that does not reflect the true rate in the Capital markets at that time, mistake made by the D2M and or any of its employees, delay, fault or mishap in computing and data systems, those owned and operated by the Company as well as systems owned or operated by a third party, The D2M is entitled, at its own discretion, to cancel any trade made based on those wrong quotes and/or faults.
The D2M does not allow actions or non-actions based on arbitrage exploitation.
The costumer hereby insures that he/she is aware that sharp changes in the currencies exchange rates can occur in times of publishing messages and or financial news in the world markets, , as well as delays and errors in the exchange rates quotes. The D2M recommends not that the trader shall not trade in proximity to those publications, since trades made at that time may be based on wrong rates, which may lead to the cancellation of those trades.
The D2M is entitled, at its own discretion, to cancel any trade that have been executed due or in connection with an error, including wrong rates, system malfunction etc.. The D2M records will serve as decisive evidence to the correct exchange rates in the world markets and the wrong rate quote given to the Client. The D2M may correct and adjust any trade according to on the correct exchange rates.
The D2M is entitled, by its own discretion, to refuse to perform any trade.
The Client may examine his open trades and guarantee funds situation at any time by accessing his account in the D2M trading platform. The trading platform can also generate historical trades reports.
The D2M shall the right, but not the obligation to collect and/or withhold all tax and any other payment or fee resulting from the Clients trading.
According to the law of the accommodation space of the client, payment of taxes is assumed to be a responsibility of the client.
When the website is managed, demanding concerning the profitability of the investment in the security market and not advising clarify all the people that D2M, the director, the employer, the stockholder, and D2M act under the name.
Even if the one open to the public on information on all such websites, the message, data, and the website is not considered the above-mentioned recommendation and the opinion and decided by the client based on information on the website, it becomes self-responsibility.
The client assumes the responsibility to all dealings of the account of me of the deposit and disbursement etc. of the capital with the credit card, and assumes the responsibility of keeping the password of the account safe in addition. Only the client assumes the responsibility to the inadequacy of the account and the damage by the inequitable conduct that the act and the negligence on the client side caused.
D2M has an exclusive right that the website of the client and the use of the trading system can be discontinued always immediately according to whether the user used an improper, unjustified website by single discretion or it violated use various conditions.
In addition, D2M doesn't chase the responsibility of damage and the expense that the client including the loss of profits and other damage that a client concerning the execution of dealings and the service of D2M that was immediate and was indirect and happened by accident caused the director, the director, the employer, and the deputy, etc. caused, and, as a result, the client declares only the client owes any risk of causing by the use of the service of the website, the trading system, and the company.
There is a possibility that the platform is interrupted and confused without a prior notification for the reasons why neither the thing nor the Internet system for which the trading platform uses the Internet system are under the management of D2M.
For that case, there is an authority that the situation of the market is reflected for D2M not to notify all the possession orders in the account of the client prior and to shut as much as possible for the equitable price.
The client doesn't have the right for such a case to state, and to request the demand or amends.
When D2M's assuming the responsibility of the update and the accuracy of rate information to receive D2M from the third party group that offers rate information is impossible, and has the problem in internet services, D2M has the authority to have to discontinue the dealings service.
The D2M shall be entitled, in the event that the Customer did not perform any trading action for above sixty (60) days, to charge the Customer a management fee for an inactive account, as shall be decided by the Company from time to time. The Company shall also be entitled to close down the Client's account in the system and return the deposit to the Client.
The D2M shall not bear any responsibility for any harm or any form of damage in any event of a force majeure or an event that is not under the full control of the D2M. Including any influences on the trading platform. Furthermore, The D2M shall not bear any responsibility for any delay in communications and/or failure in the internet, including, without limitation, computer crashes or any other technical failure, whether caused by the telephone companies and various telecommunication lines, the ISP computers, the D2M computers or the Customer's Computers.
All trademarks appearing on the website or any other documents of the D2M are the sole and exclusive property of the D2M and/or a third party related or connected with the D2M. Unauthorized use of the said trademarks is explicitly prohibited without a prior written approval of the Company. The website and the information appearing therein are protected by the copyright laws of the British Virgin Islands, international treaties, and copyright laws of additional countries, including the country of the Clients residence.
The Client hereby agrees that the D2M shall be able to perform computerized supervision of his use of the services and to use the information for the purposes of reviewing and/or supervision and/or development and/or maintenance of the quality of services, the D2M availability and/or for the fulfillment of any instruction of any applicable law. Without derogating from the aforesaid, the D2M shall be permitted:
The D2M shall not responsible, in any way, for advertisement content which appears on the D2M website(s). The appearance of a commercial on the website does not imply the support of the D2M and/or its responsibility and/or obligation towards its content, the advertised product or services, their quality or correctness. Any link from the website to an external website (the "External Website") does not imply that the D2M is responsible or in control of the content and/or the activity of the External Website, and the D2M shall not bear any liability with respect to issues related to External Websites.
The Client is not permitted to create links to the website's pages and/or to copy parts and/or materials from the website. In general, the Client may not make any use of the website for any purpose except for the limited permissions granted and/or performance of transactions. In the event that Client has breached the aforesaid, his limited license to use the website shall expire immediately, and his ability to use the trading platform and the D2M's services shall cease.
The Client undertakes to indemnify the D2M and/or anyone acting on its behalf, immediately with their first requirement, with respect to any non-permitted action or non-action, including, without limitation:
The owners of the website and the website hereby waive any liability whatsoever due to the use of the website and/or information. Use of the website, the content and the information is made on the user's sole liability.
The user hereby releases the owners of the website from any liability for damage caused to his computer, in any, through the use of the website and/or its content and/or its various services.
The user hereby releases the owners of the website, the website, their partners, agents, employees, officers, managers, directors, shareholders, etc. from any liability for losses and/or financial damages and/or personal bodily damages and/or fraud, caused through the use of the website. In the event of portfolio management by an authorized representative on the Client's behalf, the Client hereby confirms that the remuneration due to such representative by agreement signed by the Client and the representative shall be transferred to the representative directly from his account with the D2M, according to the representative's instructions to the D2M. The Client is responsible for verifying the correctness of the representative's instructions to the D2M.
Furthermore, the D2M shall not be liable for any damages of any kind claimed by the Client under any force majeure event or any external event outside the D2M control which affects trade and/or the use of the website. The D2M shall not be liable for any delay in communications or malfunction on the internet including computer failures or any other technical malfunction whether such malfunction occurred at the various telephone and communications lines companies, on the various internet service providers' computers, on the D2M computers, or on the Client's computers.
The client undertakes obligations to D2M and the representative, has the damage money of the debt and the expense caused by the client in D2M and the representative, and D2M has the right to subtract everything from the security money, the interest rate, and the incoming profit of the client.
The D2M holds the right to update the terms of this agreement from time to time according to its sole discretion, and the updated agreement will bind the parties from the moment the new agreement has been posted at the website.
This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, and any legal matter shall be under the unique authority of the court in the British Virgin Islands. It becomes demonstrative proofs for both of the record of D2M.
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