Ultimass Global Holding Inc. ONLINE TRADING SYSTEM TERMS OF USE AND END USER LICENSE AGREEMENT
IMPORTANT—YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING REGISTRATION (AND IF APPLICABLE INSTALLATION OF Ultimass Global Holding Inc. PROPRIETARY SOFTWARE). BY CLICKING ‘ACCEPT’ OR ‘I AGREE’ OR ‘CONTINUE’ AS THE CASE MAY BE, AND THEREFORE REGISTERING AND/OR USING Ultimass Global Holding Inc.’S SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE.
This Agreement is entered into by Ultimass Global Holding Inc., a private company registered under the laws of British Virgin Islands having its registered office at P.O.Box 71, Road Town, Tortola, British Virgin Islands (hereinafter referred to as: the “Company”) and yourself (hereinafter referred to as: “you” or “Customer”) (In this Agreement Ultimass Global Holding Inc. and you may be referred to collectively as the: “Parties”).
Ultimass Global Holding Inc. is engaged in the operation of an online system facilitating the execution of transactions linked to the exchange rates of various foreign currencies in the international financial markets by using various platforms and brands (hereinafter referred to as: "Xforex"). This Agreement applies to both the Ultimass Global Holding Inc. Web site and Xforex 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 exchange rates of international currencies, as well as with the Xforex System (as defined hereunder) for the execution of foreign currency trading transactions (hereinafter referred to as the “Service(s)”), and any other features, content or services that Ultimass Global Holding Inc. may add in the future. Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. has a local representative, Ultimass Global Holding Inc. may delegate to such representative any powers and/or authorities it so deems fit and necessary form time to time, in connection with the local operations of the Xforex system at your country of residence.
1. Definitions
The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:
1.1. "System" shall mean an electronic system designed to facilitate trading in foreign currencies using the Internet including the Xforex platform as defined above;
1.2. "Exchange Rates" shall mean the exchange rates offered by the System and based upon "indicative" exchange rates provided by various financial information systems as the current updated exchange rates on the financial markets;
1.3. "Markets" shall mean the international financial markets where currency exchange rates are being fixed upon free trade, and other markets where various financial assets are traded;
1.4. "Business Day" shall mean one calendar day beginning at 00:00 and ending at 23:59 GMT;
1.5. "Transaction" shall mean purchase/sale of a financial asset for a fixed quantity or price, or purchase/sale of an exchange rate of one currency against another, on a certain Business Day;
1.6. "Closing" shall mean a reversed transaction aimed to close an open position (sale of a financial asset previously purchased and vise versa) with a sum or at a quantity identical to the one spent in the initial transaction on the same Business Day;
1.7. "Collateral" shall mean the initial sum deposited by you with Ultimass Global Holding Inc. after the deduction of loses, deduction of funds withdrawn by yourself, plus profits derived from the Transactions;
1.8. "Loss Stop" shall mean an exchange rate at which a transaction opposite to the existing position, found to be at loss compared to the market rates, is executed.
1.9. "Trading Week" shall mean the period in which transactions can be carried out using the System, commencing on Sunday of every week at 22:00 (GMT), and ending on Friday at 22:00 (GMT) of that same week.
2. Membership Eligibility
Ultimass Global Holding Inc.’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, Ultimass Global Holding Inc. 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, Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. 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 ASSES DATA OR EXECUTE TRANSACTIONS BASED ON A LEARNED BASIS PLEASE DO NOT USE OUR WEB SITE.
3. The Account
3.1. Upon execution of this Agreement, Ultimass Global Holding Inc. 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. You must ensure that the information provided by yourself is complete 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 Ultimass Global Holding Inc., it may report you as a beneficiary in the applicable account held by the financial institution with which Ultimass Global Holding Inc. deposits the Collateral funds, in amounts up to the credit balance recorded in your account at the System form time to time, and to that end may transfer identification details provided to it by yourself.
3.2. By accepting all of the terms and conditions of this Agreement, you hereby authorize and empower Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. under this Agreement and/or for the provision of the Services.
3.3. To remove any doubts, the execution of any Transactions in the account is subject to the deposit of the Collateral by you. Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. allows you to commence trading before it receives confirmation of deposit of Collateral by you, and in effect no Collateral was deposited, Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. for you and Ultimass Global Holding Inc. may deposit such funds with any financial institution including but not limited to such funds being used as collateral for Ultimass Global Holding Inc.’s Transactions. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in your account, Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc., does not obligate it to decrease your exposure in any Transaction and you shall have no claims against Ultimass Global Holding Inc. regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by Ultimass Global Holding Inc..
3.4. To remove any doubts, it is herby clarified that Ultimass Global Holding Inc. may, at its sole discretion, amend form time to time the terms governing the use of the System and the sum of the Collateral required for the execution of Transactions by you.
3.5. Upon the opening of the account, Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. relating to any unauthorized use of the Access Code.
4. Ultimass Global Holding Inc. hereby warrants and undertake that:
4.1. It has the required skills and know-how to provide the Services.
4.2. In no event shall Ultimass Global Holding Inc. or anyone on its behalf shall act, or be deemed to act, as agent/trustee/broker for you when executing Transactions in the System.
4.3. Ultimass Global Holding Inc. shall cover the open positions in accordance with its policy as shall be from time to time, including but not limited to setoff between Transactions of different accounts and/or by Transactions executed by Ultimass Global Holding Inc.
4.4. Neither at present, nor in the future shall it provide any financial advise to any of its customers and no information which may be found on Ultimass Global Holding Inc.’s Web site may be considered as financial advise for any purpose whatsoever. However, Ultimass Global Holding Inc. may provide you, at your specific request, with information relating to foreign currencies exchange rates. However, to remove any doubts, it is your absolute, strict and sole responsibility to ensure that such quotes are current and accurate.
4.5. 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 Ultimass Global Holding Inc..
5. You hereby warrant and undertake that:
5.1. All details provided by you to Ultimass Global Holding Inc. are true, complete and accurate and that you are an adult over the age of 18 and 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.
5.2. You shall be the sole owner and beneficiary of the account.
5.3. You acknowledge and understand that Ultimass Global Holding Inc. operates and is regulated under applicable local laws and regulations of British Virgin Islands. You are aware and you hereby acknowledge that Ultimass Global Holding Inc. can not 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. For avoidance of doubt, an actual ability to access Ultimass Global Holding Inc.’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 Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. learns that you are performing activities which are not regulated under the laws of you place of residence.
5.4. 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.
5.5. 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.
5.6. You acknowledge that you are solely responsible for any and all actions and orders to be executed in your account whether performed by you in person or by your agent or attorney or Ultimass Global Holding Inc.’s employees carrying out your orders. You further agree that neither Ultimass Global Holding Inc. 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.
5.7. You are aware that Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device.
5.8. You acknowledge and confirm that Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. 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.
5.9. 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 Ultimass Global Holding Inc. in this respect.
5.10. 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.
6. Collateral
6.1. 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 Ultimass Global Holding Inc., to be used as collateral for the Transactions described herein.
6.2. Ultimass Global Holding Inc. shall have all rights and authority with respect to the Collateral until its withdrawal by you.
6.3. Any profits accruing from your Transactions shall be added to your account as a supplementary collateral. All losses resulting you’re your Transaction shall be deducted from your account.
6.4. To remove any doubts, your credit balance shall bear no interest.
7. Additional deposits, Withdrawals, and Closure of the Account
7.1. 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 Ultimass Global Holding Inc. of at least seven business days.
7.2. 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.
8. Duly Authorized Persons
8.1. You may from time to time inform Ultimass Global Holding Inc. of any person or persons that you have empowered or authorized to communicate with Ultimass Global Holding Inc. on your behalf. Such information shall only be sent to Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc.. This delegation of authority could also be revoked in writing.
8.2. Written or orally transmitted orders to execute Transaction by any such authorized representative shall bind you and Ultimass Global Holding Inc. for all intents and purposes.
9. Recording of Telephone Conversation and Record Keeping
9.1. Ultimass Global Holding Inc. or an authorized party on its behalf may (but is not obligated to) record every telephone conversation.
9.2. Ultimass Global Holding Inc. 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, Ultimass Global Holding Inc. or an authorized party on its behalf shall maintain records of all your Transactions.
9.3. Any of these records/recordings may be used by Ultimass Global Holding Inc. for any purpose Ultimass Global Holding Inc. sees fit, including in the resolution of conflicts which might occur between the Parties.
9.4. It is hereby clarified that the said records/recordings are the sole property of Ultimass Global Holding Inc. and it is under no obligation to deliver or expose such material to anyone. It is further clarified, that in any event in which Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. official price list for such services.
10. Risks and Liability
10.1. All the Transactions shall be carried out on your behalf and at your risk. Neither Ultimass Global Holding Inc. 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.
10.2. You hereby declare that you understand and accept that a fundamental pre-condition to this Agreement, relates to Ultimass Global Holding Inc.’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 exchange rates indicated by the financial information systems.
11. Reports
At your request, Ultimass Global Holding Inc. or an authorized party on its behalf shall provide you with reports of all your Transactions and your current Collateral amount.
12. Commissions and Charges
You shall not be charged any commissions by Ultimass Global Holding Inc. for any Transaction executed unlsee agreed otherwise by the Parties hereto.
13. Transactions and Trade Characteristic
13.1. Each Transaction shall be executed upon your acceptance of an offer made by Ultimass Global Holding Inc.. 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.
13.2. The acceptance of your instructions by Ultimass Global Holding Inc. and the facilitation of Forex trade by Ultimass Global Holding Inc. shall be in accordance with customary practices in the international financial markets.
13.3. For the sake of clarity, each Transaction is renewed every night at 22:00 (GMT) from the date of the initial execution of the Transaction and unUltimass Global Holding Inc. its expiration.
14. Stop of Trade, Inaccurate Quotes, Force Major
14.1. 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 Ultimass Global Holding Inc.. In such an event, Ultimass Global Holding Inc. 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 markets’ exchange rates. You hereby waive any claims of indemnification / suits / causes of action against Ultimass Global Holding Inc. in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement.
14.2. Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. or not, has been execute at an exchange rate which at the time of the Transaction was not the indicative and/or accurate rate of exchange for that said transaction.
15. Settlements and Payments
15.1. 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 Ultimass Global Holding Inc. or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by Ultimass Global Holding Inc. or an authorized party on its behalf.
15.2. It is hereby clarified that Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc.. For the sake of expediency, Ultimass Global Holding Inc. may calculate any deductions from the Collateral or payments made to you in USD but it under no obligations to do so. The outstanding balance (of your debts and receivables from Ultimass Global Holding Inc.) shall be repaid to you in the same currency with which you paid your Collateral until the repayment in full of the Collateral and the rest of your earning shall be paid to you in your local currency.
15.3. 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.
15.4. Withdrawal instructions. In case you wish to withdraw funds accrued in your account, you must complete, sign and return to Ultimass Global Holding Inc., as a pre-condition to processing your request, the ”Request for release of funds” form, which shall be delivered to you by Ultimass Global Holding Inc. or an authorized party on its behalf. No funds shall be released by Ultimass Global Holding Inc. without the prior receipt by Ultimass Global Holding Inc. or an authorized party on its behalf, of the said form, duly signed by you or your designated representative.
15.5. Payment by credit cards. Payments may be made to Ultimass Global Holding Inc. by credit cards subject to the regulations of the applicable credit cards issuers.
15.6 In order to help us make your withdrawal process quick, secure and efficient, please read all the information below and fill out the abovementioned form accurately and completely before sending it to us. Kindly fill in the withdrawal request document and fax it to: +44-203-051-6306. You may also scan the document and send it to billing@xforex.com. Requests to transfer funds to third party will not be processed. The minimum amount to withdraw by wire is $150. If you wish to withdraw less, $50 will be deducted from your withdrawal sum. All bank wires are subject to a banking fee to be bear by the client and charged by the bank. Credit Card - It takes up to 2-3 working days for Xforex to process [clear and approve] a withdrawal request. It takes up to 10 working days to process an approved withdrawal request. You should therefore, be able to see the money in your bank account within this time span. Should you experience any delays, please contact us via chat or send an email to billing@xforex.com so we may provide further assistance. WIRE TRANSFER - Once a scanned copy of your completed withdrawal form is received, your withdrawal request will be processed within the next 2-3 working days. It takes up to 10 working days to process an approved withdrawal request. You should therefore, be able to see the money in your bank account within this time span. Should you experience any delays, please contact us via chat or send an email to billing@xforex.com so we may provide further assistance. Withdrawing funds from an account is only possible upon sending the following documents:
1. A copy of one form of government photo ID (e.g. passport or driver's license, ID)., 2. A proof of residence for your home address (any official bill or official document showing your home address), 3. A photocopy of both sides of all credit cards used at Xforex. Please scan the above documents and send them by E-mail to billing@xforex.com.”
15.7 Funds deposited with credit cards, will be credited upon withdrawal to the card/s, up to the limit of the deposited amount (You cannot withdraw to a credit card more than you have deposited with that credit card). Any excess funds will be wired to your bank account which details must be provided. In the event the credit card you used to fund your account is cancelled, the funds will be returned by your credit card vendor to the bank account from which the card was issued.
16. Stop Loss Order
Every Stop Loss order shall be executed at the exact exchange rate declared by you. A Transaction of such kind shall be executed as soon as the distinctive ("indicative") exchange rate is found on the financial information systems, which is identical to the order given by you.
17. Grant of License
Ultimass Global Holding Inc. hereby grants you a personal, non-exclusive and non-transferable license to use the Xforex System associated with this license (the “Software”), including any documentation files accompanying the Software (“Documentation”) on a single server (if the Software is server based) or personal computer to support up to the number of simultaneous users for which you have paid the license fee, and to make one backup copy of the Software, provided that: (i) the Software is installed on only one server or personal computer; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this Agreement. The Software and Documentation shall be used only by you, only for your own business use and not in the operation of a service bureau or for the benefit of any other person or entity.
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 Ultimass Global Holding Inc.. 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.
You agree to use the information received from the information systems of Ultimass Global Holding Inc. for the sole purpose of executing transactions inside and within the Ultimass Global Holding Inc. 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, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
The license granted under this Agreement shall be terminated if Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc., 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.
18. Ownership
The license granted to you by Ultimass Global Holding Inc. in Section ?17 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 Ultimass Global Holding Inc.. 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.
19. 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 Ultimass Global Holding Inc. or its applicable licensor, suppliers or partners. You may not remove any proprietary notice of Ultimass Global Holding Inc. from any copy of the Software or Documentation.
20. Restrictions
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.
21. Hyperlinks
Ultimass Global Holding Inc. 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.
Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
22. Current and binding form
You acknowledge and agree to the fact that Ultimass Global Holding Inc. may update and/or adjust and/or amend the terms of this Agreement form 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 Ultimass Global Holding Inc.'s Web site. The binding form of this Agreement shall be in accordance with the current form in force at any applicable time.
23. Confidentiality
You acknowledge that the Software contains proprietary trade secrets of Ultimass Global Holding Inc. 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.
24. Limited Warranty
ANY USE BY YOU OF THE Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ultimass Global Holding Inc. DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ultimass Global Holding Inc. 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.
25. Limitation of Liability
IN NO EVENT WILL Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Ultimass Global Holding Inc.’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.
26. Privacy Statement
Ultimass Global Holding Inc. regards the privacy of its Customers and protection of information concerning them of prime importance. We store and process your information on servers located in the USA, where they are protected by both physical and technological security measures. If you object to your information being treated in this way please do not use our services. We shall not sell or rent your personal information to third parties for any purposes without your explicit consent and we shall only use your information as described in our Privacy Policy.
27. Termination of Agreement
27.1. Ultimass Global Holding Inc. may terminate this Agreement at any time by giving you notice to this effect.
27.2. You may terminate this Agreement at any time by giving Ultimass Global Holding Inc. a 48 hours advanced notice.
27.3. Termination of the Agreement by any of the Parties shall require you to close all open positions by executing the required Transactions.
27.4. 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.
28. Miscellaneous
28.1. 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.
28.2. 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.
28.3. You may not transfer this Agreement or any of your rights or obligations hereunder to any third party.
28.4. Ultimass Global Holding Inc. 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 Ultimass Global Holding Inc. shall be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by Ultimass Global Holding Inc..
28.5. This Agreement shall be construed and enforced in accordance with, and shall be governed by English Law, not withstanding 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 courts of Tortola, British Virgin Islands(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.
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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