1.
This Agreement describes the terms, conditions and risks applicable to your use of our services
available under the domain and sub-domains of PELICANMARKETS . If you have any
questions regarding this Agreement, please contact Customer Support. You must read, agree
with and accept all of the terms and conditions contained in this User Agreement without
modifications, which include those terms and conditions expressly set forth below and those
incorporated by reference, before you may become a customer of PELICANMARKETS .
2.
The following terms used in this Agreement shall have the meaning ascribed next to them,
unless stated otherwise in this Agreement:
1. “System” shall mean an electronic system designed to facilitate trading in Financial Contracts
via the Internet using the PELICANMARKETS 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;
2. “Financial Contract” or “Contract” shall mean a contract to purchase CFDs or Digital Options
or any other financial offering that the Company may offer by the System from time to time to its
customers;
3. “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;
4. “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;
5. “Business Day” shall mean one calendar day beginning at 00:00 and ending at 23:59 GMT;
6. “Transaction” shall mean purchase/sale of a Financial Contract for a fixed price;
7. “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;
8. “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of loses, deduction of funds withdrawn by yourself, plus profits derived from the Transactions;
9. “Trading Manual” shall mean the manual detailing the procedures and terms for the
performance and execution of Transactions;
This Agreement is effective upon acceptance in registration for newly registering customers, or
upon receipt of e-mail notification by other users. The Agreement is otherwise effective for all
users of PELICANMARKETS . If you do not agree to be bound by the terms and conditions of
this Agreement, do not use or access our services, and inform us in writing immediately. By
using our services, you agree to be bound fully by all our terms and conditions. This Agreement
is effective upon acceptance in registration for newly registering customers, or upon receipt of
e- mail notification by other users. The Agreement is otherwise effective for all users of
PELICANMARKETS . If you do not agree to be bound by the terms and conditions of this
Agreement, do not use or access our services, and inform us in writing immediately. By using
our services, you agree to be bound fully by all our terms and conditions. This Agreement is
effective upon acceptance in registration for newly registering customers, or upon receipt of e-
mail notification by other users. The Agreement is otherwise effective for all users of
PELICANMARKETS . If you do not agree to be bound by the terms and conditions of this
Agreement, do not use or access our services, and inform us in writing immediately. By using
our services, you agree to be bound fully by all our terms and conditions.
The Company may amend or revise this Agreement at any time by posting the amended terms
on the Site and, by continuing to trade through the platform, you affirm that you agree to be
bound by future revisions. Whenever such changes to the terms & conditions of this web site
are made, to The Company will post such changes on the web site. The Company may amend
or revise this Agreement at any time by posting the amended terms on the Site and, by
continuing to trade through the platform, you affirm that you agree to be bound by future
revisions. Whenever such changes to the terms & conditions of this web site are made, to The
Company will post such changes on the web site. The Company may amend or revise this
Agreement at any time by posting the amended terms on the Site and, by continuing to trade
through the platform, you affirm that you agree to be bound by future revisions. Whenever such
changes to the terms & conditions of this web site are made, to The Company will post such
changes on the web site.
All amended terms shall be effective two weeks after their initial posting on the web site, or as of
the first time that you use our services after such amendments were made, whichever is sooner.
If you do not agree to be bound by the changes to the terms and conditions of this Agreement,
do not use or access our services, and inform us in writing immediately.
This Online Services Agreement is made by and between to The Company and you. This
Agreement applies to both to The Company`s web site and the trading platform, as well as to
the electronic content and or software currently contained on the web site that supplies the
customer with real time information and any other features, content or services that the
company may add in the future.
3.
Our services are available to and may only be used by individuals or companies who can form
legally binding contracts under the law applicable to their country of residence. Without limiting
the foregoing, our services are not available to persons under the age of 18 or otherwise under
legal age (“Minors”). If you are a Minor, you may not use this service. If you do not qualify,
please do not use our web site. For avoidance of doubt, we shall not be responsible for any
unauthorized use by Minors of our Services in any way or manner. Furthermore, our 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. Without derogating from the above provision, we shall not be responsible for verifying
and/or checking whether you possess such sufficient knowledge and/or experience, nor shall
we be responsible for any damage and/or loss incurred by you as a result of insufficient
knowledge and/or experience. If you do not qualify, please do not use our web site.
Without limiting the foregoing, our services are not available where they are illegal to use, and
the company reserves the right to refuse and /or cancel services to anyone at its own discretion.
Legal Restrictions Without limiting the foregoing, you understand that laws regarding financial
contracts vary throughout the world, and it is your obligation alone to ensure that you fully
comply with any law, regulation or directive, relevant to your country of residency with regards to
the use of the web site.
For avoidance of doubt, the ability to access our Web site does not necessarily mean that our
services, and/or your activities through it, are legal under the laws, regulations or directives
relevant to your country of residency. This web site does not constitute, and may not be used for
the purposes of, an offer and/or solicitation to anyone in any jurisdiction in which such offer
and/or solicitation is not authorized, and/or to any person to whom it is unlawful to make such an
offer and/or solicitation.
Access to this web site, and the offering of financial contracts via this site, may be restricted in
certain jurisdictions (such as Canada), and, accordingly, users accessing this site are required
to inform themselves of, and to observe, such restrictions. You hereby declare that the moneys
invested in your account with the company do not originate from any criminal or illegal activity.
4.
PELICANMARKETS grants you a non-exclusive, non-transferable and limited personal license
to access and use its web site (the “License”). This License is conditioned on your continued
compliance with the terms and conditions of this Agreement. You agree not to “deep-link” to the
web site, resell or permit access of 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 PELICANMARKETS . For avoidance of doubt, you shall be responsible and bound
by any unauthorized use of the site, made in breach of this section. 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 PELICANMARKETS website. You also agree not
to use electronic communication feature of a Service on the Site for any illegal, abusive,
intrusive, obscene, threatening or hateful purpose, as well as harassment and vilification in the
privacy of others.
The License granted under this Agreement will terminate if PELICANMARKETS believes 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 term or condition of this Agreement and all
rules and guidelines for each service The Company establishes that you have abused in any
way (including but not limited to engaging in a transaction out of market rates) the
PELICANMARKETS trading platform.
Upon such violation, you agree to cease accessing services. You agree that The Company, at
its sole discretion and with or without notice, may terminate your access to any or all services,
close your open transaction and remove and discard any information or content within a Service
Communications Unless otherwise indicated for a particular Service, any communications or
material of any kind that you e-mail or otherwise transmit through the services, including
information, data, questions, comments or suggestions (your “Communications”) will be treated
as non-proprietary and non-confidential.
By accepting this Agreement you grant a license to PELICANMARKETS to use your
communications in any way it sees fit, either on the web site or elsewhere, with no liability or
obligation to you.
PELICANMARKETS is free to use any idea, concept, know-how or technique or information
contained in your communications for any purpose including, but not limited to, developing and
marketing products.
The Company is entitled, but not obligated, to review or retain your communications.
The Company may monitor your communications to evaluate the quality of service you receive,
your compliance with this Agreement, the security of the Web site, or for other reasons.
You agree that such monitoring activities will not entitle you to any cause of action 2or other
right with respect to the manner, in which The Company monitors your communications.
In no event The Company will be liable for any costs, damages, expenses or any other liabilities
incurred by you as a result The Company’s monitoring activities.
5.
The Company will supply you with the informational and technical means to use its Services in a
twenty-four-hour mode of operation starting Sunday 22:00 GMT to Friday 21:00 GMT except on
official holidays in the USA and Europe. The Company shall provide you with access to trading
transactions and quotes through the reserve in a twenty-four-hour mode of operation starting
Sunday 22:00 GMT to Friday 21:00 GMT, except on official holidays in the USA and Europe,
through the operators The Company. The Company will fulfill to the best of its abilities all your
trading orders, keep the register of your orders and of their fulfillment, and will provide you with
necessary extracts upon your request.
The Company shall provide the following online reports:
Open Positions: Report presenting the account’s open transactions.
Account Statement: Report presenting the account’s balance and statement at a given point of
time.
Tax collection: you know, understand and agree that, in general The Company does not collect
tax on behalf of any authority in any form or manner.
The Company forbid connecting / trading / depositing using two different accounts from the
same computer / IP.
Without limiting the foregoing, it is your obligation alone to calculate and pay all taxes applicable
to you in your country of residence, or otherwise arising as a result of your trading activity from
the use of the company’s services. Without derogating from your sole and entire responsibility to
perform tax payments, you agree that the company may deduct tax, as may be required by the
applicable law, but is not obligated to do so, from the results of the activity with
PELICANMARKETS .
6.
When you register for the service, PELICANMARKETS will ask you to provide certain
identifying information (“Registration”). You agree to provide true, accurate, current and
complete information about yourself during the Registration process, and you also agree not to
impersonate any person or entity, misrepresent any affiliation with another person, entity or
association, use false headers or otherwise conceal your identity from Company for any
purpose.
If you are registering as or for a business entity, you hereby declare that you have the authority
to bind that entity to this Agreement. The Company will treat with care the information you
entrust to the Company, in accordance with the disclosures it provides during the Registration
process and in its Privacy Policy.
During the Registration process you will be asked to choose a user name and password that will
be used by you every time you access the Web site to use the service. For your protection and
that of other Web site users, you should not share your Registration information (including your
password and username) with another person or business entity for any purpose including, but
not limited to, facilitating access and unauthorized use of the Service.
You alone are responsible for all acts or omissions that occur within the Web site through the
use of your Registration information. If you believe that someone has used or is using your
Registration information, user name or password to access any Service without your
authorization, you should notify our Customer Support immediately.
Important Information About Customer Identification Procedures for opening a new account To
help governments fight the funding of terrorism and money laundering activities, the applicable
laws require that all financial institutions shall obtain, verify, and record information identifying
each person who opens an account.
What does that mean for you? When you open an account, we ask that you provide your name,
address, date of birth and other information that will allow us to identify you.
7.
The Company does its utmost to ensure the privacy, confidentiality and security of its customers
are preserved both throughout their interaction with the company and afterwards, to the fullest
extent achievable by the company. When customers register with The Company they
acknowledge their willingness to share with the company certain private information which we
use for the purpose of confirming the customer’s identity and ensuring the security of their
deposits and trading account. This information is collected in line with our stringent verification
procedures which are used to deter international money laundering operations and to ensure
the security and safety of our customer’s trading activity throughout.
Our customers undertake to supply us with true, updated and accurate information about their
identity. Furthermore, they are required to state categorically that they are registering and
trading on their own behalf and are not seeking at any time to act any manner which could be
considered fraudulent nor are they seeking to impersonate any other individuals for any
purposes whatsoever.
The Company data collection procedures include the collection of customer’s freely disclosed
information as shared with the company, in addition to the placement of cookies for the
purposes of gathering data about the manner in which customer’s interact with the
PELICANMARKETS .com website. These tools for gathering customer’s information are
employed for the purpose of ensuring the customer’s own security and all data collected by
the company is shared only with individuals within the company who are involved with the
verification of customer account information for the express purpose of ensuring the
customer’s confidentiality and security.
PELICANMARKETS will never disclose any private or otherwise confidential information in
regards to our customers and former customers to third parties without the express, written
consent of our customers, except in such specific cases in which disclosure is a requirement
under law, or is otherwise necessary in order to perform verification analysis on the customer’s
identity for the purposes of safeguarding their account and securing their personal information.
By registering with PELICANMARKETS and through the voluntary interaction they undertake
with The Company’s products and services the customer confirms and agrees that they consent
to the use of all or part of the information they supply concerning their PELICANMARKETS
trading account, the transactions they undertake through it and the interactions which they
perform with the company on behalf of the company. All interactions the customer undertakes
with the company will be stored by the company for the purposes of record and as such may be
employed by the company in such cases that disputes arise between customers and The
Company.
The Company does its utmost to ensure the confidentiality of its customers personal information
including the implementation of data protection procedures designed to ensure customer
confidentiality. The Company ensures that its data protection policy is regularly updated in order
to ensure that customer’s confidential information is continually safeguarded.
From time to time The Company may contact customers whether by phone or email for the
purpose of offering them further information about The Company, CFDss trading or financial
market trading. In addition the company may, on occasion, seek to contact customers, whether
by phone or by email, for the purpose of informing them of unique promotional offerings
provided by The Company for the customer.
Customers consent to the receipt of such contact when they consent to our terms and
conditions of use when registering with The Company. Any person wishing to opt out of further
contact with The Company at any time whatsoever is entitled to do so, simply by contacting the
company whether by phone or email and requesting that no further contact on behalf of the
company be made.
8.
The customer hereby agrees to indemnify and hold harmless The Company, its directors,
officers, employees or agents from and in respect of any loss, damage, liability, cost or expense
that it may suffer or incur by reason of the customer failing to discharge its obligations under or
acting in breach of any of the terms and conditions herein contained or as a result of any breach
of any applicable laws or regulations.
In the event that there is any liability of the Customer to The Company its directors, officers,
employees or agents under the indemnity provisions of the clause hereinabove, The Company
shall have the right to set-off that amount against any balance held to the credit of the account
opened by the customer with The Company.
Limitation of Liability in no event The Company or its officers, directors or employees be liable
for lost profits or any special, incidental or consequential damages arising out of or in
connection with our web site, our services or this agreement (however arising, including
negligence) except as stated in this agreement. The liability of The Company its officers,
directors or employees, to you or any third parties in any proven circumstance is limited to the
amount of money you transferred or deposited in your account at The Company in relation to
the transaction giving rise to such liability.
Consecutive deposits made on the Customer`s trading account, by his own volition and
authorized by him, will be considered as a proof of good quality of services provided by the
Company.
9.
You agree to take full responsibility for any trading taking place on your account and shall be the
only person liable for any profits and losses on your trading platform. Without limiting the
foregoing, the financial services contained within this site are suitable only for customers who
are able to bear the loss of all the money they invest, and who understand the risks and have
experience in taking risks involved in the acquisition of financial contracts. 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.
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
Customer 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 CFDss 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
have the financial capability to finance the aforesaid Transactions
● You are aware that the contract prices presented by The Company may be REFERRED
to as strike price or option price are the prices at which The Company willing to sell its
CFDss. These prices do not NECESSARILY reflect live market values.
● In the event of purchasing CFDss 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.
The maximum loss that may be incurred by any customer is the amount of money paid by them
to the company including rolling fees for day trade deals. Subject to market conditions, Stop
Loss Orders shall be executed either at the exact exchange rate selected by the customer,
where the amount will be calculated automatically, or at the exact amount of loss selected by
the customer, where the exchange rate will be calculated accordingly.
A transaction of that nature shall be executed as soon as the distinctive (“Indicative”) exchange
rate is found on the financial information systems which, including the Company’s spread, is
either identical to the order given by the customer, or indicates an identical amount of loss
declared by the customer. The calculation of the price to be paid (or the payout to be received)
for financial contracts on this site, at the time the financial contract is purchased or sold, will be
based on the Company’s best estimate of market prices and the expected level of interest rates,
implied volatilities and other market conditions during the life of the financial contract, and is
based on a complex arithmetic calculation. The calculation will include a spread in favor of the
Company. The financial contract prices (or the payout amounts) offered to customers
speculating on market or index prices, may differ substantially from prices available in the
primary markets where such contracts are traded, due to the spread favoring the Company in
the price calculation system referred to above.
The Company does not provide a market amongst or between customers for investments or
speculations. Each financial contract purchased by a customer via this site is an individual
Agreement made between that customer and the Company, and is not transferable, negotiable
or assignable to or with any third party.
10.
The Company may make available to you through one or more of its services a broad range of
financial information that is generated internally or obtained from agents, vendors or partners
(“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news,
analyst opinions and research reports, graphs or data. (“Market Information”).Market Information
provided on these web pages is not intended as investment advice. The Company does not
endorse or approve the market information, and we make it available to you only as a service
for your own convenience. The Company and any Third Party Providers do not guarantee the
accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant
any results from your use or reliance on the Market Information.Market Information may quickly
become unreliable for various reasons including, for example, changes in market conditions or
economic circumstances. Neither The Company nor the Third Party Providers are obligated to
update any information or opinions contained in any Market Information, and we may
discontinue offering Market Information at any time without notice.
You agree that neither The Company nor the Third Party Providers will be liable in any way for
the termination, interruption, delay or inaccuracy of any Market Information. You will not “deep-
link”, redistribute or facilitate the redistribution of Market Information, nor will you provide access
to Market Information to anyone who is not authorized by The Company to receive Market
Information.
11.
You shall be responsible for providing and maintaining the means by which to access the web
site, which may include, but is not limited to, a personal computer, modem and telephone or
other access line.You shall be responsible for all access and service 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 will 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 will not transmit to or in any way, whether directly or indirectly, expose The Company or
any of The Company’s online service providers to any computer virus or other similarly harmful
or inappropriate material or device.
12.
Acquisition of a financial contract is completed when the financial contract has been
customized, the premium (or the margin, as the case may be) has been calculated and payment
has been verified.You agree to be fully and personally liable for the due settlement of every
transaction entered into under your account with the company.
1. You are responsible for ensuring that you alone control access to your account, and that no
Minor or other person is granted access to trading on the web site using your account.
2. In any case, you alone 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 agree to indemnify the company fully in respect to all costs and losses whatsoever as may
be incurred by the company as a result, direct or indirect, of your failure to perform or settle
such a transaction.
You agree that in the case that any financial contract is acquired or sold at prices that do not
reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the
“Mispricing”) due to an undetected programming Error, bug, defect, Error or glitch in our web
site software or any other reason resulting in mispricing (for the purpose of this section the
“Error”), The Company reserves the right to cancel such transactions upon notifying you of the
nature of the Computer Error that led to the mispricing.
You have a duty to report to the Company any problem, Error or suspected system or other
inadequacies that you may experience Company’s Rights.
The Company reserves the right to suspend the operation of this site or any part or sections of
it. In such an event, The Company may, at its sole discretion (with or without notice), close out
the customers’ open financial contracts at prices it considers fair and reasonable at such a time
and no claims may be entertained against the company in connection thereto.
The Company may, at its sole discretion, impose volume or other limits on Customer accounts.
Contract payouts shall be determined The Company by reference to the daily values reported
on this Web site relevant to the inter-bank trading data received by the company for all options,
subject to the proviso that The Company shall have the right to make corrections to such data in
the event of mispriced or typographically incorrect data.
13.
You agree that The Company will not be liable in any way to you or to any other person in the
event of force majeure, or for the act of any Government or legal authority, or for the failure of or
damage or destruction to its 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.The parties shall be released of all
responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the
obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of
extraordinary events, which occurred after this Agreement was concluded and which the party
could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
14.
You understand that while the Internet and the World Wide Web are generally reliable, technical
problems or other conditions may delay or prevent you from accessing the Web site The
Company shall not be liable, and you agree not to hold or seek to hold The Company or any of
its agents or service providers liable, for any technical problems, system failures and
malfunctions, communication line failures, equipment or software failures or malfunctions,
system access issues, system capacity issues, high Internet traffic demand, security breaches
and unauthorized access, and other similar computer problems and defects.The Company does
not represent, warrant or guarantee that 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. The Company does not represent, warrant or
guarantee that the web site will provide uninterrupted and Error-free service.The Company does
not make any warranties or guarantees with respect to the web site and its content, including
but not limited to, warranties for merchantability or fitness for a particular purpose. Without
limiting the foregoing The Company will not be responsible for an impossibility to execute orders
and requirements due to failures in the operation of informational systems caused by technical
faults, which are beyond its control.
15.
The Company may provide a link to other sites that are controlled or offered by third parties.
Such a link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with
respect to such site, its owners or its providers. The Company cautions you to ensure that you
understand the risks involved in using such sites 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.
16.
All content, trademarks, services marks, trade names, logos and icons are the property of The
Company or its affiliates or agents and are protected by copyright laws and international treaties
and provisions.
1. You agree not to delete any copyright notices or other indications of protected
intellectual property rights from materials that you print or download from the web site.
You will not obtain any intellectual property rights in or any right or license to use such
materials or the web site, other than as set out in this Agreement.
2. 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.
Images displayed on the web site are either the property of The Company or used with
permission. You agree not to upload, post, reproduce or distribute any information, software or
other material protected by copyright or any other intellectual property right (as well as rights of
publicity and privacy) without first obtaining the permission of the owner of such rights and the
prior written consent The Company.
Nothing contained on the web site shall be construed as granting, by implication, estoppels, or
otherwise, any license or right to use any trademark without the written permission of The
Company and/or such third party that may own the trademarks. Your use of the trademarks or
any other content of the web site, except as provided herein, is strictly prohibited.
17.
It is important that you be fully aware of the following points: A Day-Trading position may be
extended to the following day, as presented to you on the site. Such extension is subject to a
Renewal Fee (Rolling Fee) at the rate and time as specified on the site. The Company via the
Company trading platform shall collect such Renewal Fee from the free balance in your account
held with Company. In the event there are not sufficient funds in your free balance to cover such
fee(s), you herby agree that Company may charge, at its sole discretion, such fee(s) from your
credit card(s). Please note that the minimum charge from a credit card is USD 3.00.
Accordingly, any surplus balance, after paying the Renewal Fee(s) will be credited to your
balance. If Company is unable to collect such fee(s), Company reserves the right to close part,
or all, of your open positions. You shall be liable for promptly paying all Renewal Fees fee(s),
even if all margins previously deposited by you have been lost.The result of the above is that
even a slight fluctuation of the market could mean substantial gains when these fluctuations are
in your favor, but that could also mean considerable losses if the fluctuations are to your
detriment.
No system exists that could assure you that transactions on the foreign currency market should
bring you great benefits, nor is it possible to guarantee, that your transactions will yield
favorable results. The amount you could lose in a transaction carrying limited risk will never be
more appreciable than that which you can lose in transactions having no pre-determined limit on
loss. Nevertheless, even though the extent of the losses could be subjected to an agreed upon
limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short
period of time. It is possible that some unfavorable situations on the market could occur, in a
relatively short period of time, resulting in the total loss of your investment. Since deposit of an
additional guarantee is not obligatory in this case, Company reserves the right to close the
outstanding balances without the customer’s consent.The risk information presented here does
not reflect all of the risks as well as other important aspects intrinsic to the stock market.
Therefore, before starting to trade, you should learn the specifics of trading on stock markets in
detail. You should conclude an Agreement for opening and/or closing transactions on the
market only if you are absolutely sure of the size of its possible risk and consequences and if
you understand in detail the scope and range of your rights and obligations.
Products offered on this site: the products offered on this site are solely “Day Trading” and “Limit
orders”. For additional information regarding these products please refer to our Guided Tour and
/ or our Glossary.
18.
Company records, at its sole discretion, telephone calls made from and to its offices. You
hereby agree that telephone calls made, either by you contacting Company, or when being
contacted by Company, may be recorded by the company.
19.
Withdrawal orders: The provision of documentation is a prerequisite, prior to the execution of a
withdrawal order.
1. Withdrawal of credit card deposits: Credit card deposits may be, according to credit card
companies’ regulations, returned to same credit card when a withdrawal is performed.
There is no fee to withdraw via credit card.
2. A withdrawal to a bank account where initial deposits have been performed by credit
cards will be executed back to credit card or to bank account at company’s discretion.
Withdrawals to bank account may take a longer time period, due to additional security
procedures and documentation required from the Customer.
4. Withdrawal to a bank account where bank or wire transfers have been used for funding
the account – the Company will execute a wire transfer to the same bank account that
was used for the deposit. Withdrawals to bank account may take a longer time period,
due to additional security procedures and documentation required from the Customer.
If there are no active bonus agreements and your account is fully verified and the withdrawal
amount is not bigger than your current balance, the withdrawal will be handled within 2 business
days.
Withdrawals are processed Monday to Friday (excluding banking holidays). If 2 business days
have passed and your withdrawal request is still pending, please contact
support@PELICANMARKETS .com to find out what terms need to be completed in order for
the request to be completed.
If your withdrawal request has been completed and 7 days have passed and you are unable to
locate the funds, please contact us at support@PELICANMARKETS .com and we will provide
supporting information and/or documentation about the payment.
Credit Card Deposits Variance
When choosing an account base currency other than USD, your credit card may be debited
sums which due to exchange rates and credit card companies’ fees, may slightly vary from the
initial sum that has been deposited by you in the account base currency. You hereby accept that
such variations may occur and you hereby affirm that you shall not seek to object to the above
mentioned fees.
Wire Transfers.
When depositing by a Bank Transfer, as required by anti money-laundering regulations, you are
required to use only one bank account, which is in your country of residence and in your name.
An authentic SWIFT confirmation or Transfer Confirmation, showing the origin of the funds,
must be sent to Company. Failure to submit such SWIFT/Confirmation may result in the return
of the deposited amount, hence preventing the deposit of such pending amounts to your
Company account. Any withdrawal of funds, from Company account to a bank account, can only
be refunded to the same bank account that the funds were originally received from.
20.
A trading bonus is an added value that matches your deposit in your Company Trading Account
and it provides you with more funds to use when you are trading.
Trading bonuses come in many forms; there are consistent deposit matches which means that
your account will be given an added value when you deposit funds over and over again; and it
also comes in the form of a one-time added value on your first deposit. A trading bonus gives
you great value and extra trading leverage. Note that bonus offers are limited by time and the
conditions related to any bonuses are subject to change and that not every Customer is eligible
for trading with bonuses.
1. With all of the above being mentioned; when you trade with bonus leverage you need to
be cautious. It is truly appealing to trade with $15,000 when you actually made a deposit
of only $10,000, but there is a downside. You may close higher trades and make more
money initially (or in the long run), but you can also lose a lot more money. Option
trading can be risky and you need to trade with confidence and responsibility to avoid
losses.
2. The sign up bonus is meant to give new customers an extra boost to their trading
balance so they can open their first positions using the bonus money Company gave
them just until they get a hang of trading in the CFDs market and using the Company
platform.
3. Company also has special agreements with certain affiliates and affiliated firms, giving
customers coming from those affiliate a free joining bonus on top of the sign up bonus.
And you should check out Company’s Refer a Friend program to see how your friends
can be turned into forex bonus money too!
4. Micro accounts are not subject to a trading bonus caution, please read all terms and
conditions below before accepting a bonus. You are not required to accept a bonus. A
trading bonus is optional for all account holders. Every bonus requires a trading turnover
before any withdrawal is made by the account holder. By accepting a bonus you are
agreeing to the terms and conditions below. All bonus insertions are final.
5. Please read carefully before accepting a special offer, trade refund, benefit, or bonus.
6. Bonuses and benefits shall be credited to the customer’s account subject to compliance
with the terms of the offer made to the customer, e.g. making minimum deposits and/or
purchasing a minimum amount of options within a specified time period.
7. Unless stated otherwise in writing from The Company and only The Company, the terms
of the offer, a precondition for making withdrawals after using the bonus/benefit is to buy
options of 30 times the amount of the bonus/benefit plus the deposit amount. Example:
(deposit + bonus x 30 = required turnover for withdrawal)
8. The Company urges its customers to take part in the offers, but to refrain from abusing
them. Abusing any of the offers could lead to cancellation of the bonus/benefit and
closure of the customer’s account on the Company’s website.
9. Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or
fraudulent activity based on the provision of the bonus will nullify the account and any
and all profits garnered.
The Company reserves the right to revoke the bonus/benefit should the special offer be abused
and/or should the offer’s terms fail to be met.
The Company’s decision – should this be the case – shall be final.
The Company reserves the right to revoke or change the offers at any time without prior notice.
In the event of a withdrawal, either for full or partial amount of the total deposit be requested
without meeting the redeemable terms, the following actions will take place:
● The bonus or any benefits will be subject to cancellation immediately
● Any losses shell be held liable by the customer (account holder)
● Any profits shell be deducted from customer’s account balance
By accepting a bonus a bonus into your account, you are agreeing to the terms and conditions
above.
Note: If the required turnover is not met when making a withdrawal request – the withdrawal
request will be automatically canceled.
Note: The Company does not recommend taking a bonus unless you know how to make it work
in your advantage to the above terms.
Note: Once the bonus has been inserted into the trading account, it cannot be returned or
removed under any circumstance. The Company brokers do not have the ability to remove the
bonus. All bonus insertions are final.
When depositing funds using a facility other than Credit Cards and/or Banks, you agree to, and
acknowledge being bound by, the regulations and rules of such service, including, but not
limited to, fees and other restrictions The Company at its sole discretion, may execute
withdrawals to a facility other than the facility used for the original deposit, in accordance with
company and Anti money-laundering regulations.
21.
PELICANMARKETS customer accounts in which there have been no transactions (trading /
withdrawals
/ deposits), for a set period of 12 months, will be considered by The Company as being dormant
accounts. Dormant accounts will be charged an annual maintenance fee of US $30 or the full
amount of the free balance in the account if the free balance is less than US $30. There will be
no charge if the free balance is zero. Consequently, all accounts with a zero free balance will be
closed.
22.
PELICANMARKETS may exercise full discretion in modifying or discontinuing any part or
whole of this Agreement at any time without cause or prior notice.
These Additional Terms apply in addition to the general terms and conditions set out above. If
there is a conflict between these Additional Terms and the general terms and conditions set out
above, the provisions of these Additional Terms shall prevail.
23.
COMPLAINTS
The Customer will submit all complaints to support@PELICANMARKETS .com and allow up to a
week
for a full investigation. During this period the Company is obliged to review all transactions,
phone records and relevant documentation and the Customer should be available and provide
any additional information or documentation that the Company may request from him. Hereby
the Customer agrees to handle all and any complaints directly with the Company without
involving any Third parties.
24.
Company can requires identification documentation from customers after the initial deposit for
the purpose of account verification. This documentation is used for account verification
purposes only and is maintained by PELICANMARKETS as encrypted data in a secured
environment. Account Verification is required at two levels:
● Customer verification documents required: Passport or national identification card
together with a current valid utility bill.
● Credit Card verification documents required: Copy of both sides of credit card displaying
the last four digits of the card and the expiry date. Additionally, Customers are required
to confirm every credit card transaction by signing the Company credit card deposit
declaration (received by email, immediately after a new transaction was performed)
Customers not providing documents requested may be prevented from depositing further and/or
trading and the accounts will be frozen until the account verification process has been
completed.
The Customer is obliged to use only payment methods that belong to him and are under his
name. The Company reserves the right to reverse any such deposits back to the original
payment method used by the client. Exception to this rule can only be made in case the Third
Party Depositor and The Customer are in spousal relationship. The Customer is obliged to use
only payment methods that belong to him and are under his name. The Company reserves the
right to reverse any such deposits back to the original payment method used by the client.
Exception to this rule can only be made in case the Third Party Depositor and The Customer
are in spousal relationship.
25.
This Agreement shall be construed and enforced in accordance with, and shall be governed by
the law of Marshall Islands, 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 in Marshall 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.