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Client Agreement

FinTrade PTE LTD, company # 201931201G, registered at 133 New Bridge Road #10-03, Chinatown Point, Singapore (hereinafter, “Company"), offers the “User Account” service (hereinafter, “User Account") under the terms of this public offer (hereinafter, “Agreement") to any individual or legal entity (hereinafter, “Client”) excluding (individuals under 18 years of age and citizens or legal entities of countries in which the User Account service is not offered).

Any applicable documents located on the web-site are an integral part of this Agreement. This Agreement and the documents listed above are collectively referred to as the “Regulations”.

The Regulations should be carefully read by the Client, as they govern all the terms and conditions of the Client's trading and non-trading operations. By accepting the terms of this Agreement the Client also accepts the terms of all the Regulations listed above.

The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Clients registration on the web-site at www.fintradecenter.com .

1. Subject of the Agreement

1.1. Under this Agreement, the Company undertakes to provide robotic systems to purchase and sell (exchange) virtual currencies and tokens on virtual currency exchange platforms and exchanges on behalf of the Customer and at the Customer’s expense.

1.2. The company applies different analysis, evaluation and virtual currency trading methods based on the use of machine learning algorithms, analytical programs and trading robots. The decision to buy or sell is solely made by trading software based on the technical analysis of a particular virtual currency or token or the market as a whole.

1.3. The virtual currency and token exchange rates do not match each other on all exchanges. FinTradeCenter may also set its own exchange rates for virtual currencies or tokens that differ from the exchange rates in other systems, sites, platforms or exchanges.

1.4. The Client has the right to register only one User account and to have only one valid Agreement with the Company.

1.5. The Client and the Company enter into every operation in User Account or in the trading platform as principals, and the Company does not act as an agent on the Client’s behalf. The Client shall be directly and fully responsible for fulfilling all of his/her obligations regarding his/her operations in User Account or on the trading platform. If the Client acts on behalf of someone else, regardless of whether that individual is identified, the Company shall not view that individual as a client and shall not bear any responsibility to him/her unless otherwise specifically agreed.

2. Service

2.1. Subject to the Client fulfilling the obligations under this Agreement and the Regulations, the Company shall grant the Client the right to operate the User Account according to the Regulations.

2.2. The Company shall execute all Client transactions on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute Client transactions even if the transaction is not beneficial for the Client.

2.3. The Client shall not be entitled to demand the Company to provide investment or trading advice or any information intended to encourage the Client to make any particular transaction.

2.4. In the event that the Company does provide information to the Client, the Company shall not be held responsible for the consequences or result received from using that information. The Client acknowledges that the Company shall not be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client. Though the Company has the right to void or close any transaction in the specific circumstances set out in this Agreement or corresponding Regulations, any transaction the Client carries out following such an inaccuracy or mistake shall nonetheless remain valid and binding in all respects both on the side of the Company and of the Client.

2.5. The Company shall not physically deliver currency in the settlement of any trading operation. Profit or loss is accruing to or being written off the Client’s trading account.

2.6. The Company, partners of the Company or other affiliated parties may have interest, a legal relationship or arrangement concerning a specific transaction in User Account or in the trading platform or interests, relationships, or arrangements that may be in conflict with the interests of the Client. For example, the Company may:

  • act as Principal of any instrument on the Company’s own account by selling to or buying the instrument from the Client;
  • match the Client’s transaction with that of another Client;
  • buy or sell an instrument the Company offers to the Client;
  • advise and provide other services to partners or other clients of the Company who may have interests in instruments or underlying assets which conflict with the Client’s interests. The Client agrees to grant the Company the authority to deal with or for the Client in any manner that the Company considers appropriate, notwithstanding any conflict of interest or the existence of any material interest in any transaction in User Account or in the trading platform, without prior notification of the Client.

2.7. Time-to-time the Company may act on a Client’s behalf in relations with parties with whom the Company or another affiliated party has an agreement to receive goods or services. The Company at its best trys to ensure that such arrangements shall be concluded in the best interest of Clients, for example, arrangements granting access to information or other benefits or services that otherwise would not be available.

2.8. In case of violation of clause 1.4. the Company has the right to block all User Accounts owned by the Client and freeze all the funds in the account until the ownership of the personal account is ascertained.

2.9. The Client has the right to back access back only to earliest registered Personal Account. It requires mandatory ownership verification by providing copy of the passport and passing other procedures to verify your identity. All other User accounts will be blocked and funds will be transferred to FinTradeCenter.

3. Client Requests and Instructions

3.1. The Company processes and executes Client requests and instructions in accordance with the Regulations.

3.2. The Company is entitled to decline a Client's request or instruction if any of the conditions set out in the Regulations have not been met before the request or instruction is processed by the Company. However, the Company may, at its sole discretion, accept and execute the Client request or instruction, notwithstanding the lack of compliance with the Regulations. If the Company executes the Client request or instruction and subsequently becomes aware of a breach of the conditions of the Regulations, the Company may cancel any transaction.

4. Netting

4.1. Conversion for the transactions between the Client and the Company will take place at current valid rates.

4.2. The owed amounts shall be offsetted if the amount owed by the Company is equal to the amount owed by the Client.

4.3. If the amount owed by one party exceeds the amount owed by the other party, then the party with the larger debt shall pay the difference to the other party and the remaining debts shall be offsetted.

4.4. The Client is obligated to pay all the amounts due, including all fees, charges and other costs determined by the Company.

4.5. The Client may not transfer rights, vest responsibilities, or otherwise transfer or purport to assign rights or obligations under the Regulations without the Company's prior written consent. Any purported assignment or transfer in violation of this condition shall be considered void.

5. Payments

5.1. The Client acknowledges and agrees that withdrawals can take up to 7 business days to process.

5.2. The Client shall hold full responsibility for the payments executed. If the Company payment details change, the Client shall bear full responsibility for any payments carried out to the outdated payment details from the moment the new details are available in User Account.

6. Client Funds

6.1. Client funds are held on digital accounts including segregated accounts opened for holding Client funds separate from the Company’s funds.

7. Complaints and Disputes

7.1. All complaints and disputes shall be resolved using complaint procedures in accordance with this Agreement.

8. Communications

8.1. All communications between the Client and the Company take place via User account or email.

8.2. The Client shall submit requests to debit or credit funds only using the User Account.

8.3. Accepting the terms of this Agreement, the Client also agrees to receive emails from the Company to the Client's personal email address and messages to the mobile number registered in User Account.

9. Meeting deadlines

9.1. The timing of fulfillment of their obligations by the Client and the Company shall be considered as an essential condition of Regulations.

10. Events of Default

10.1. Each of the following circumstances constitutes an event of default:

  • Client’s failure to fulfill any obligation to the Company;
  • the initiation of proceedings by a third party for the Client’s bankruptcy or for the company's liquidation (if the Client is a legal entity), or for the appointment of an administrator or external manager in respect of the Client or any of the Client’s assets (if the Client is a legal entity), or (for both legal entities and individuals) if the Client concludes an agreement or an arrangement with their creditors concerning the settlement of their debt or any other similar procedure is initiated regarding the Client;
  • any representation or warranty made by the Client in Clause 11 hereof is or becomes false;
  • if the Client dies or becomes legally incompetent;
  • any other circumstance where the Company reasonably believes that it is necessary to take any action set out in Clause 10.2 hereof.

10.2. In case of a default by the Client, the Company may, at any time at its sole discretion and without a prior written notice to the Client take one or more of the following steps:

  • close all or any of the Client’s open positions;
  • debit the Client’s account for amounts owed to the Company;
  • close any or all of the Client’s accounts with the Company;
  • refuse to open new accounts under the Client's name.

11. Representations and Warranties

11.1. The Client shall represent and warrant that:

  • all information presented in this Agreement, the Regulations and the Client Registration Form is true, complete and accurate in all respects;
  • the Client is duly authorized to enter into this Agreement, to issue instructions and requests and to fulfill obligations in accordance with the Regulations;
  • the Client acts as principal;
  • the Client is the individual who submitted the Client Registration Form or if the Client is a legal entity, the person who provided the Client Registration Form on the Client's behalf is duly authorized to do so;
  • all actions taken under the Regulations will not violate any law, ordinance, charter, bylaw or rule applicable to the Client or in the Client residency jurisdiction, or any agreement that bound the Client or that concerns any of the Client’s assets;
  • any trading systems used by the Client are not targeted at exploiting any weakness in the Company's software.

11.2. If the Client breaches clause 11.1 of this Agreement, the Company at its sole discretion has the right to void any transaction or cancel any or all Client transactions at any time.

12. Governing Law and Jurisdiction

12.1. This Agreement is governed by the laws of Singapore.

12.2. With respect to any proceedings, the Client irrevocably:

  • agrees that the courts of Singapore shall have exclusive jurisdiction to settle any proceedings regarding this Agreement;
  • submits to the jurisdiction of the courts of Singapore;
  • waives any objection which the Client may have at any time to the laying of any proceedings brought in any such court;
  • agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Client.

12.3. The Client irrevocably waives to the maximum extent permitted by applicable laws of Singapore, with respect to the Client and the Client's revenues and assets (regardless of their use or intended use), all immunity (on the grounds of sovereignty or other similar grounds) from:

  • law suit,
  • jurisdiction of any courts,
  • relief by way of injunction, order for specific performance or for recovery of property,
  • arrest of assets (whether before or after the judgment) and;
  • execution or enforcement of any judgment to which the Client or the Client's revenues or assets might otherwise be entitled in any proceedings in the courts of any jurisdiction and irrevocably agrees to the extent permissible by the law of Singapore not to claim any such immunity in any proceeding. The Client consents to satisfy all requirements and court orders in connection with such proceeding, particularly, but not limited to, those regarding any of the Client's assets.

12.4. Where this Agreement and the Regulations issued in a language other than English shall be in conflict the English language version shall prevail.

13. Limitation of Liability

13.1. The Client will indemnify the Company for all liabilities, costs, claims, demands and expenses of any nature which the Company suffers or incurs as a direct or indirect result of any failure by the Client to fulfill any of the obligations under the Regulations.

13.2. The Company shall in no circumstances be liable to the Client for any consequential direct or indirect losses, loss of profits, missed opportunities due to subsequent market movement, costs, expenses or damages the Client may suffer in relation to this Agreement.

13.3. The Client does not have the right to pass access passwords to the trading platform or User Account to any third party and agrees to keep them secure and confidential. All actions related to the fulfillment of the Regulations and/or the usage of logins and passwords are considered to be executed by the Client. The Company does not bear responsibility for the unauthorized use of User Account by third parties.

13.4. The Client acknowledges and accepts that crypto trading is highly speculative. The Client acknowledges and accepts that crypto trading may bring significant risks, including, but not limited to, legal and financial risks to the extent of causing unlimited losses, without any guarantee of retaining the capital invested or generating any profits. The Client acknowledges and accepts that crypto trading transactions are suitable only for individuals who are able to bear financial losses risking their initial deposits and who have the financial comfort to suffer substantial losses without an impact on their living standard.

13.5. Despite the fact that in the future the Company plans to patent and certify combinations of decision making methods, tools and algorithms used by FinTradeCenter trading software, the Company is legally obliged to notify the Client that at present time, not all methods, programs, algorithms and other tools used to make decisions on whether to purchase a particular virtual currency are certified in any jurisdiction or approved for use by regulatory authorities or other bodies or organizations. If the Client does not agree with the use of such means and methods, he should immediately refuse to use the company's website.

14. Force Majeure

14.1. The Company may determine that a Force Majeure event (uncontrollable circumstances) occurred having reasonable grounds to believe so. In that case the Company in due course will take reasonable steps to inform the Client. Force Majeure circumstances include without limitation:

  • any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, act of terrorism, war, act of God, accident, fire, flood, storm, interruption of power supply, communication equipment or supplier failure, hardware or software failure, civil unrest, government sanction, blockage, embargo, lockouts) which, in the Company’s reasonable opinion destabilized market stability or one or more of the instruments;
  • change of legislation, the suspension, liquidation or closure of any market or the imposition of limits or special or unusual terms on trading on any such market or on any such event.
  • Detection vulnerabilities in the system that jeopardize the Company or Client funds safety.

14.2. If the Company, just cause determines with that a Force Majeure event occurred it may at any time and without giving prior notice take any of the following steps:

  • close any or all open Client positions at prices the Company reasonably considers fair;
  • suspend or modify the application of any or all terms of the Regulations that the Force Majeure event makes it impossible or impractical for the Company to comply with them;
  • take or not take action concerning the Company, the Client and other clients as the Company deems to be reasonably appropriate in the circumstances.

14.3. The Company does not bear responsibility for not fulfilling (improperly fulfilling) its obligations when prevented from doing so by force major circumstances.

15. Miscellaneous

15.1. The Company has the right to suspend service to the Client at any time without a prior notice.

15.2. In the event that a situation arises that is not covered under the Regulations, the Company will resolve the matter on the basis of good faith and fairness and, when appropriate, by taking action that complies with the best market practice.

15.3. No single or partial exercise or failure or delay in exercising any right, power or privilege (under this Agreement or a law) by the Company shall constitute a waiver by the Company of, or impair or preclude any exercise or further exercise of that or any other right, power or remedy arising under the Regulations or applicable law.

15.4. The Company may in whole or in part release the Client from liability stemming from the latter’s violation of the conditions of the Regulations during the period of it being in force or, alternatively, may reach a compromise decision. In this case, all violations, regardless of how long ago they were committed and in connection with which the Company may file a grievance with the Client at any time, are taken into consideration. The above stated conditions do not prevent the Company from exercising its other rights in accordance with the Regulations.

15.5. The rights and remedies provided to the Company under the Regulations are cumulative and are not exclusive of any rights or remedies provided under the law of Singapore.

15.6. The Company may transfer its rights and obligations to a third party in whole or in part, subject to notification to the Client and consent of the assignee to the terms hereof and of the applicable Regulations.

15.7. If any term of the Regulations (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason, then such term shall be deemed severable and not form part of this Agreement and the Regulations, but the remainder of the Regulations shall continue to be valid and enforceable.

15.8. SMM program participants have the opportunity to buy a Robot to activate their Affiliate program, without investing their own funds by receiving remuneration for completing SMM program tasks, receiving bonuses, as well as participating in the Bonus Robot draws.
The Affiliate program is activated as soon as at least one Robot is purchased from the Current Account or from the Current and Savings Accounts 50/50.
Withdrawal of funds from Current and Savings Accounts will be available to SMM members immediately after they activate their Affiliate Program. The withdrawal will remain active after the Robot has finished working. The fact of Affiliate program activation itself is important to turn on the withdrawal option.
(This clause comes into force after the end of the beta testing of the site – as of 13/01/2020).

16. Amendment and Termination

16.1. The Client acknowledges that the Company shall have the right to amend any part of this Agreement or the Regulations at any time

16.2. Amendments come into full force from the date of the publication of the new version of the document. In event of force major circumstances at the markets the Client recognizes the right of the Company to make amendments to the Regulations immediately.

16.3. The Client acknowledges that the Company may introduce new products and services without providing prior notification.

16.4. The Company may suspend or terminate this Agreement immediately.

16.5. The Company retains the right to refuse the Client for providing service of User Account not explaining the reasons.

16.6. Termination of this Agreement will not abrogate any obligations held by either the Client or the Company regarding any outstanding transaction or any legal rights or obligations which may already have arisen under this Agreement or the Regulations, particularly relating to any deposit to or withdrawal from the Client's account.