This document sets out the rights and obligations that apply between Issuers on the Hybrid OTC Market and The Hybrid Group herein referred to as '' Us/We". It is of vital importance that these Terms and Conditions are read carefully. If there is anything in this document which you do not understand or with which you do not agree, you are welcome to approach us for clarification.
We are under no obligation to assess the suitability of these products in relation to your particular circumstances. As a client, you are required to read and understand the General Risk Disclosure and all Disclosures on www.hybse.com, which also forms part of these Terms and Conditions. We provide an execution-only service and do not provide investment advice, nor do we in any way guarantee or forecast any potential profit or freedom from loss.
The Hybrid Stock Exchange Corporation is a company registered in Vanuatu, with physical address at S.I.P Building Ruepasteur, Port Vila, Vanuatu and is authorized and regulated by the Vanuatu Financial Services Commission. Also a member of the Hybrid Group is Hybrid Holdings (PTY) Ltd., a company resident in South Africa with registered number 2015/105224/07 whose registered office and principal place of business is at Ground Floor, Galaxy House, Riverworld Office Park, 42 Homestead Road, Edenburg, Rivonia, Johannesburg.
These entire terms and conditions apply to the use of the Hybrid OTC Market website/applications and any services provided in relation to the websites/applications including, but not limited to the use of our trading services, data collection and storage practices, downloadable material from our website, financial information published on our website/applications (either by us or by any affiliated party), electronic content, real time information about the exchange rate or price, as applicable, of some currencies, indices, commodities and securities and tools for executing transactions in the foreign Exchange and the other Exchanges available on our website/applications on the internet, by telephone or fax and any other features, content or services that we may add in the future (collectively the “services”). Use of the services is subject to these Terms and Conditions.
If you have any objections to the Terms and Conditions, do not utilize our services. Your access to and use of the services constitutes your acceptance of the Terms and Conditions and any other legal notices and statements contained on this website. Your use of the services is governed by the version of the Terms and Conditions in effect on the date each service is used by you. You are responsible for checking this page on our website/applications periodically in order to review the current version of the Terms and Conditions. Please feel free to contact our customer support team at http://hybse.com/page/supportfor any clarifications before you use or continue to use any service.
If you have registered with Hybrid OTC Market in your country of origin, these Terms and Conditions will apply to you as well as the relevant laws and regulations of the country.. If you have registered with another of our Group companies, the terms and conditions of that company will apply.
IMPORTANT NOTE – OUR OTC MARKET DOES NOT ACCEPT ANY USERS IN THE USA (RESIDENTS AND CITIZENS), JAPAN, CANADA (INCLUDING ONTARIO & QUEBEC), DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (DPRK), IRAN, ALGERIA, OR SYRIA.
IF YOU ARE TRAVELLING TO ANY OF THESE COUNTRIES, YOU ACKNOWLEDGE THAT OUR SERVICES MAY BE UNAVAILABLE AND/OR BLOCKED IN SUCH COUNTRIES.
HYBRID OTC MARKET, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS OR CONDITIONS BEFORE ACCEPTING USERS RESIDING IN OR FROM SPECIFIC COUNTRIES.
You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
You acknowledge and agree that by clicking the “I agree” button or similar buttons or links as may be designated by our OTC Market to show your approval of any foregoing texts, the use of the services (as defined below), you are entering into a legally binding contract.
In accordance to that, these Terms and Conditions describe to you in full detail the terms and conditions which you must accept without restrictions or objections before using our services. Before you use our services and before you become a customer on our OTC Market, you must fully understand and agree to all the terms and conditions expressly explained and/or implied hereto by reference. Notwithstanding anything to the contrary, by continuing to use our services you are implying that you have read these Terms and Conditions and have unconditionally accepted without reservation the Terms and Conditions in their entirety.
These Terms and Conditions were published and last updated in July 2016.
1. SERVICES, REGISTRATION & ACCOUNTS
1.1 Scope of services
It is important to know that these Terms and Conditions cover the entire scope of services provided by The Hybrid Group , more especially, Our Stock Exchange and OTC Market including, but not limited to, the use of our website, the use of our trading services, data collection and storage practices, downloadable material from our website, financial information published on our website (either by us or by any affiliated party), electronic content, real time information about the exchange rate of some currencies, tools for executing transactions in the foreign exchange on the internet, by phone or fax and any other features, content or services that we may add in the future. These Terms and Conditions cover any form of communication between us and yourself including email, telephone, fax and any other means of communication we agree to.
Our services are offered in relation to transactions in contracts for differences where the underlying assets include foreign currency, shares, indices, commodities and virtual assets. We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of our services with or without notice. You agree that we will not be liable to you or to any third party (for whom you may be acting) for any modification, suspension or discontinuance of all or any part of our services.
When Issuers register on our platform, they may either register on the Stock Exchange platform or on the OTC Market. Only Issuers may register on our OTC Market. OTC Securities are unlisted, so there is no central exchange for the market, however, the Hybrid OTC Market reserves the right to keep all copies of any requests by Issuers to Register their companies on our OTC Market. All orders of OTC Securities shall be made directly between the Issuer and the Buyer. We do not act as an intermediary for any sale of OTC securities, this is exclusively between the buyer and the seller.
NOTE: After an Investor has purchased Shares / Securities from an Issuer on the OTC Market, he/she/it cannot then sell such Shares or Securities on our platform. This is something you need to know from the start.
The Hybrid OTC Market assumes no liability or responsibility for the transactions on our platform, if you need professional advice or assistance, please contact a broker prior to a transaction.
FURTHER NOTE THAT WE RESERVE THE RIGHT TO KEEP ALL COPIES OF THE ISSUERS' REQUESTS AND PERSONAL INFORMATION USED WHEN REGISTERING ON OUR WEBSITE. WE MAY USE SUCH INFORMATION AT OUR OWN DISCRETION WHEN THE NEED ARISES.
Please note that when you register with us, you will choose a username and password that will personally identify you each time you log on to our system. Your username and password should be kept confidential at all times. It is your sole and absolute responsibility to safeguard this information. If the security of the above username and password is breached or if you suspect that they are being wrongfully used – please contact us immediately at www.hybse.com .If we believe that there is likely to be a breach of security, we may require you to change your account credentials or suspend your access to the trading platform. We reserve the right to edit, amend or issue you with new account credentials or require a change of your account credentials at any time by giving notice to you.
In the beginning you shall be treated as a "Retail Client", unless the Hybrid OTC Market shall classify or reclassify you as a "Professional Client" or an "Eligible Counterparty", depending on the information that you shall provide when completing the registration process or thereafter. If you desire to be re-classified or receive further information, you can find more information on www.hybse.com .
For us, it is a pre-condition that our services are only used and contracts are only formed by those who are permitted to enter legally binding agreements. Therefore, if there is any reason why you would not be able to enter into a legally binding agreement with us, for whatever reason - do not use our services. Such reasons could include, but are not limited to persons that have not yet reached a legal age of consent in a relevant jurisdiction. Due to our internal policies, we will only provide the services to users with sufficient experience, knowledge and understanding of financial investments in OTC Securities or other similar products, who fully understand the associated risks. Notwithstanding any of the above, the above mentioned eligibility restrictions shall only apply in cases where the services involve the use of real money. The above restrictions shall not apply to use of any demonstration account not associated with real money transactions.
Trading activities might be illegal in some jurisdictions and we encourage but also advise users to check local regulations before deciding to use the services. We reserve the right to asses or reassess at any time your relevant knowledge and experience to use our services.
For avoidance of doubt, the ability to access our services 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. Without limiting the foregoing, by using our services you acknowledge and understand that laws regarding financial instruments 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 our services. Our websites and/or any other online material do not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
1.4.1 The first step is the identification. We are required by law and any applicable regulations to confirm and verify the identity of each Issuer who registers on our OTC system or opens an account with us. Therefore, you will be prompted to provide us with information when you register with us, including: (1) First name and surname, (2) complete address, (3) date of birth,(4) contact number and any further personally identifiable information that we may ask for more information such as a copy of your passport or other identifying documents or information, and the countries of which you are a tax resident, and confirm whether you are a US citizen, any relation to USA or your place of birth is in the US. You shall notify the Hybrid OTC Market in writing within 10 days of any material change in the validity of, or information previously provided to us.
1.4.2 We are obliged to warn you, if you do not provide the information within the required time frame, or provide inaccurate incomplete or otherwise misleading information, we reserve the right to limit, block access to the services and/ terminate the user account and/or to assign the user’s account to one of the Hybrid Group's affiliates if such information is not provided.
1.5 Language of Terms and Conditions
The Hybrid OTC Market may elect to provide you with these Terms and Conditions and/or any other documentation, information and communications (“Communications”) in various languages. By accepting these Terms and Conditions (in any language) you acknowledge and accept that: The Hybrid Group and our OTC Market's official language is English; and in the event of any discrepancy or inconsistency between any communication in English and the same in another language, the communication in English shall exclusively prevail.
1.6 Means of communication
The Hybrid Group reserves the right to communicate with you by email, electronic chats, online discussions, telephone, fax, post, newsletters issued by us and/or any other mean of communications, whether such communication is personally addressed to you or generally addressed to all our users. By accepting these Terms and Conditions you acknowledge and confirm that all such means of communications are deemed acceptable and any such communication so provided shall be deemed to have been received by you. You further hereby consent to your account information and trade confirmations being available on the internet instead of having such information delivered to you by mail or email. You will be able to access account information through the trading platform using your account credentials. We will display all of your account activity and you will be able to receive reports of account. Posting of account information on your online account will be deemed delivery of confirmation and account statements.
1.7 Your representative(s)
You must know that should you grant any authority or control over your account to a third party whether on a discretionary or non-discretionary basis, you do so at your own risk. Neither the Hybrid Group nor any of its affiliates or agents shall in any way be responsible for reviewing your choice of such third party or for making any recommendations with respect thereto. The Hybrid Group does not make any representations or warranties concerning such third party and shall not be responsible for any loss to you which results from the actions of such third party. The Hybrid Group reserves the right to reject the appointment of any representative or attorney authorized to act on your account and may elect to dismiss and/or reject any transactions performed by such person.
1.8 Your Representations and Warranties
1.8.1. Every time you use our services you will be deemed to represent and warrant:
188.8.131.52 That you are at least 18 years old, or the age of legal consent for engaging in financial investment activities under the laws of any jurisdiction that applies to you;
184.108.40.206 That you are not a politically exposed person and do not have any relationship (e.g., relative, associate etc.) with a person who holds or held during the last 12 months any public position. If the above statement is untrue or inaccurate with respect to you, please inform our customer support team at www.hybse.com ,and we shall inform you if/how you may continue to use the services;
220.127.116.11 That you are of sound mind and are capable of taking responsibility for your own actions;
18.104.22.168 That all the details that you have submitted to us or any details given to us when opening an account and/or making a deposit are accurate, up-to-date, complete and not misleading;
22.214.171.124 That you will notify us immediately of any changes to any information you have provided to us in connection with these Terms and Conditions;
126.96.36.199 That you understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using the services. You have verified and determined that your use of the services does not violate any such laws or regulations of any jurisdiction that apply to you;
188.8.131.52 That you are responsible for any regulatory reporting requirements in relation to OTC Securities;
1.8.2 For the avoidance of doubt, representations and warranties are personal statements or assurances given by you on which we will rely when we provide the services to you.
1.9 Limited License.
As mentioned above in the registration and eligibility requirements and the terms and conditions set forth herein, we hereby grant you a personal license (a "License") that is non-transferable, non-exclusive and fully revocable to use our services (including the use of our website and any associated downloadable software). You will also be subject to the End user License Agreement of the Hybrid Group, that is associated with downloading any software from our website and is attached herewith and forms part of these Terms and Conditions.
1.10 Fees payable to the Hybrid OTC Market
1.10.1Issuers on our OTC Market pay an agreed monthly fee towards the use of our website and services. These monthly fees and all registration information are indicated on our website at www.hybse.com .We will display and also inform Issuers on the website the types of fees and all costs payable to Us.
1.10.2 The OTC Market can impose to the Issuers at any given time and in its own discretion a Fee which can be variable and is not constant in value. We are entitled to the fees in spite of the risks related to the OTC Market, therefore users of our website or services must educate themselves on trading in order to minimise those risks.
1.10.3 You acknowledge that the Fees charged may vary and you further acknowledge that the fees and / or commissions presented to you when registering represent an estimation only, based on the OTC Market condition at the time that the OTC website is utilized by yourself.
1.10.4 We may also vary commissions, charges and other costs from time to time, and such changes in commissions, charges and other costs will be displayed on our websites / platforms.
1.10.5 Subject to complying with the local Rules and any other applicable regulations of any regulatory authority or investment exchange or other exchange, we will not be under any obligation to disclose to, or account to you for any profit, benefit, commission or other remuneration made or received by us by reason of any transaction or investment.
1.10.6 You acknowledge and agree that we may, where applicable, make payments to third parties that help initiate, conclude or maintain a business relationship between us (or our affiliates) and our clients. These payments may include rebates, commission, widened spreads and profit sharing.
1.11Quotes & Sale of Securities
1.11.1 We do not provide Securities quotes on the OTC Market. Issuers have direct or telephonic contact with buyers and they decide on the quotes among themselves.
1.11.2 You should note that once Shares, Assets or Securities are purchased from an Issuer on the OTC Market, they cannot be sold on the Hybrid OTC Market.
1.11.3 We do not publish the prices or quotes for the shares sold on OTC Markets to the public, the parties themselves agree on the price settlements.
1.11.4 You acknowledge that we are under no obligation to ensure that the quotes that market participants provide are within any specific percentage of the underlying asset price. You acknowledge that quotes may be set by the market participants in their absolute discretion.
1.11.5 You agree that in the absence of fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any manifest error or such erroneous quote.
1.11.6 You acknowledge that the price that a dealer quotes to a client may very well differ from the price it quotes to another dealer, and the bid-ask spread may also be wider in the case of the former than in the latter.
1.11.7 You acknowledge that you will ascertain on your own, without any obligation on the Hybrid OTC Market that any transactions concluded between market participants does not lead to your own detriment.
1.11.8 You acknowledge that OTC derivatives may lead to significant risks, especially counterparty risks, These risks should be checked by the parties involved and The Hybrid OTC Market accepts no liability in such risks.
1.12Payments and Withdrawals
You need to know that we require a monthly fee for the continued use of our website (OTC Platform). We will only accept a payment method (for example bank account, e-wallets etc.) in your name. Unless otherwise approved by us pursuant to our internal procedures, third party or anonymous payments may be accepted. If the Hybrid OTC Market is not satisfied that you are the sender of the money, it reserves the right to reject the money and return it to the remitter less net of any transfer fees or other charges. You may be required to submit additional documentation as required by Anti-Money Laundering (“AML”) regulations and any other similar regulations applicable to us.
1.12.1 We also reserve the right to impose payment, deposit or withdrawal limits and payment, deposit or withdrawal fees by giving you reasonable advance notice.
1.12.2 If we accept any payments by debit card, credit card or any other payment method that may charge processing fees, we reserve the right to charge you a transfer fee.
1.12.3 We reserve the right to use our affiliates’ e-wallets and payment processing accounts to process your deposits and withdrawals on our behalf. Your funds may be aggregate with other clients’ funds within an omnibus sub-account on our behalf and transferred to us upon intervals to be determined by us in our sole discretion.
1.12.4 If you make a payment to one of our affiliates' payment processing accounts, the Hybrid OTC Market shall immediately credit your trading account with the amount of such payment if we are satisfied that you are the sender of the money.
1.12.5 If we are not satisfied that you are the sender of the funds, we reserve the right to reject the funds and return them to the remitter less net of any transfer fees or other charges.
1.12.6 We also reserve the right, without prior notice to you, to make any currency conversions which we consider necessary or desirable for the purposes of complying with our obligations or exercising our rights under these Terms and Conditions or any transaction. Our conversion charges are as set forth at www.hybse.com .Any such conversion shall be effected by us in such manner and the rates set forth in our website. Typically, such charges will be presented to you via our trading platform at the time the payment is being made.
1.12.7 You also need to know that all foreign currency exchange risk arising from any transaction or from our compliance with our obligations or the exercise of our rights under these Terms and Conditions will be your responsibility.
1.13. Client Money
1.13.1 We do not hold any Clients' Shares, assets, monies, securities, currencies or funds on the OTC Market. We only take the monthly fees that we are entitled to. Shares and securities are held by the Issuers themselves and whatever way they deal with them is solely up to them.
1.13.2 The clearing and the settlement of trades on the OTC Market are left to the market participants (Investor and Issuer) and the Parties themselves agree on how a particular trade is to be settled.
1.14.Several Trading accounts
If you have registered on both accounts (Over-the-counter and also on our Exchange), we reserve the right to treat all such accounts as if they were under one account. We may limit the number of trading accounts maintained by any person or within a single household, at our sole discretion.
1.15. Administration Fees for Inactive accounts
It is important to know that if your account is categorised as an Inactive account (defined below), an Inactivity Fee may be payable by you by virtue of the provision of and the continued availability of your account together with the cost of our associated regulatory and compliance requirements towards you, regardless of your actual use. Once an account is deemed Inactive, we can deduct a monthly Inactivity Fee in the amount set out on our website at www.hybse.com.Such monthly fees shall be deducted until the balance of the account has reached zero and a dormant account with a zero balance may be closed by us (however we shall not charge any amount exceeding your available balance). You can avoid the deduction of the Inactivity Fee if you log into your account (on mobile or desktop) and the Hybrid OTC Market will cease to deduct the Inactivity Fee unless your account shall become Inactive again, but we shall not refund any Inactivity Fees already deducted from the account prior to such trade. For the purpose of these Terms and Conditions, the term “Inactive account” shall mean: (a) if you have not deposited funds into your account and have not logged into your account for a period of at least 120 days; and (b) if you have deposited funds into your account and have not logged into your account for a period of at least 12 months. All Fees are to be viewed on www.hybse.com price list.
PLEASE NOTE THAT A TWO MONTHS DEPOSIT OF 2,000.00€ SHALL BE PAYABLE FOR ADMISSION TO PARTICIPATE ON THE OTC MARKET, WHICH DEPOSIT IS NON-REFUNDABLE IN CASE OF BREACH OF ANY TERMS STATED IN ALL REGISTRATION DOCUMENTS PROVIDED BY HYBRID STOCK EXCHANGE CORPORATION AND SIGNED BY THE ISSUER. A FURTHER MONTHLY PARTICIPATION FEE SHALL THEREAFTER BE PAID AS STATED ON THE OTC PRICE LIST DOCUMENT.
1.16.1 We do not utilize executing brokers, including an affiliate or a non-affiliated third party, to execute your orders / or and transactions. You shall be responsible for monitoring all your orders until we confirm execution or cancellation thereof.
1.16.2 Please note that we do not monitor the activities on our OTC Market accounts, you acknowledge that you shall be solely responsible for all activities in your account, and you shall be responsible for any losses you incur that are between yourself and the buyer.
1.16.3 Any order or instruction you give us will not take effect unless actually received and acknowledged by us. We shall be entitled to act upon any order or instruction which we reasonably believe is given by you or on your behalf without further enquiry as to the genuineness, authority or the identity of any such person giving or purporting to give such order or instruction. The execution of an order by us shall constitute a binding agreement between you and Us on the terms of such executed order.
1.16.4 You acknowledge that our platform is independent. You further acknowledge that the triggering of your transaction is linked to the prices you quote on our platform. In determining whether the prices quoted on the OTC platform reach or exceed the price accepted by us in a transaction, we are not obliged to disregard any prices quoted during any period that in our reasonable opinion may give rise to some distortions.
1.16.5 You irrevocably and unconditionally agree that we do not reflect any bid / ask prices on our OTC Market, we also do not publish any prices for the Shares on our OTC Market.
1.16.6 Please note that Issuers may at times aggregate the price of securities on our OTC Market and we shall not be held liable for any losses that occur from the detriment caused by such transactions. You accept that there is not much transparency to the trading volumes and the market share prices on the Hybrid OTC Market.
1.17.1 These Terms and Conditions and any orders or transactions placed or executed under it are subject to all applicable laws and regulations including, without limitation, the constitutions, articles, by-laws, rules, regulations, policies, procedures and interpretations (collectively, "Rules") of the exchanges, and any other applicable Rules of a regulatory, self-regulatory or governmental authority ("Applicable Regulations").
UNDER NO CIRCUMSTANCES SHALL THE HYBRID GROUP OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY ACTION, INACTION, DECISION OR RULING OF ANY EXCHANGE, CLEARING HOUSE OR REGULATORY OR SELF-REGULATORY AUTHORITY.
1.17.2 You need to know that nothing in these Terms and Conditions shall exclude or restrict any duty or liability owed by us to you under the Applicable Regulations and, notwithstanding any other provision of these Terms and Conditions, we shall be entitled to take any action that we consider necessary to ensure compliance with any relevant legislation and regulations. In the event of a conflict between any provision of these Terms and Conditions and any relevant legislation and regulations, the relevant legislation and regulations shall prevail.
Each time you enter into a trade you agree to the following conditions:
184.108.40.206 That you are not an employee of any Stock Exchange, a corporation in which any Stock Exchange owns a majority of the Stock Exchange, a member of any Stock Exchange and/or firm registered on any exchange or any bank, trust or insurance company that trades in Stock Exchange shares held by you;
220.127.116.11 Also you will not enter into any transaction which falls within the definition of OTC market abuse. You are reminded that this applies to all forms of abuse such as insider trading, the misuse of information and directors trading in shares of their own companies; in such circumstances, we reserve the right to void all your trading transactions. The use of any high speed trading, scalping or automated data entry system will only be permitted with our prior written consent. Accordingly, a significant number of transactions with short duration may be deemed as Market abuse;
18.104.22.168 Likewise, you will not enter into transactions or combinations of transactions such as holding long and short positions in the same or similar instruments at similar times either personally or by yourself acting in concert with others, which taken together or separately are for the purpose of manipulating our platform for gain. Such activity shall be subject to our right to seek reimbursement by equalization from you or any of the connected accounts; and
22.214.171.124 The execution, delivery and performance of these Terms and Conditions and your use of the OTC Platform including each transaction you complete thereto will not violate any law, ordinance, charter, By-law or rule applicable to you, in the jurisdiction in which you are resident, or any agreement by which you are bound or by which any of your assets are affected.
1.18. Account Information
Posting of account Information on the website will be deemed delivery to you of any relevant information (such as confirmations and account statements). We will post details of your account activity on the website. Updated account information will be available after any activity takes place on your account. Account information will include confirmations, purchase and sale rates, utilized and unutilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided by the local Rules and any other information we may make available (“account Information”). We may at our sole discretion withdraw or amend any account Information at any time. Unless otherwise agreed by Us, you agree that we are under no obligation to provide confirmations in hard copy or by email rather than through the website. The account Information (save if manifestly incorrect) will be conclusive evidence of your transactions, open positions, Margin and cash balances and will be binding on you if not objected to [on the day of posting] with such objection confirmed in writing (including email or electronic mail) no later than close of business on the Business Day following the day on which the account Information is posted.
2. INTELLECTUAL PROPERTY
The use of our services does not grant you any rights other than those granted to you by revocable License in any way. We own or are licensed to use all the images, graphics, video, audio, software code, user interface design or logos, and/or content displayed on our website and/or any software used therein and/or usable thereby. You may not use these images in any way other than the manner in which we provide them. You are not permitted to use any of our images and/or content for any other purpose without obtaining our prior written consent. Nothing contained on our websites shall be construed as granting, by implication or otherwise, of any license or right to use any trademark without either our written permission or the permission of the proprietor of such trademarks. You may not without our prior written permission, alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our websites. If you link from another website to one or more of our websites, your website, as well as the link itself, you may not, without our prior written permission, suggest that we endorse, sponsor or are affiliated with any non-Hybrid OTC Market website, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link. All our intellectual property (IP) assets including but not limited to all copyrights, patents, trademarks, service marks, trade names, software code, characters, layouts, icons, logos, trade secrets, buttons, colour scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Under no circumstances shall you remove any copyright notification from any of our IP or unlawfully use our websites and/or software.
3. CONTENT, PERSONAL DATA AND COMMUNICATIONS WITHIN THE ETORO COMMUNITY
3.1Content and Personal Data
3.1.1 Upon acceptance of our Terms and Conditions, you agree and acknowledge that the following information and content shall be considered non-confidential and non-proprietary information (other than your personal data as described below, collectively referred to as the "content"): your username, your picture/avatar (if provided), your state of residency, gender, networks, list of users who follow you, users who copy you, etc., list of users you follow or copy, and any network status/posts/blogs and any other content options that enable our users to interact amongst themselves, including but without limitation to content and information you post on our community, comments, feedback, postings, blogs and/or all information that you provide to us via our website and/or by email, fax or telephone and in addition, if you have elected to use one of our social networks applications (such as Facebook, Tweeter, G+ etc.), our application will access to your social network account general information which includes your name and username in such social network, profile picture, gender, networks, user ID, list of friends, and any other information you have shared with “everyone” on such social network. Additional information may be collected in specific social network campaigns as shall be specified in the terms and conditions applicable to such campaign. All portfolio and trading information performance results shall be considered non-confidential and non-proprietary information. By providing such content, you specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of your content, and we shall be free to use such content in any manner or media whatsoever, on an unrestricted basis and without any attribution of royalties or other compensation to you, including but not limited to, within or outside our website, advertisements, in printed media, newspapers.
3.1.2 Also, your telephone conversations, email/chat communications with us may be recorded/maintained by us with or without the use of an automatic tone warning device. Any recordings shall be and remain our sole property and will be accepted by you as conclusive evidence of their content as recorded by us. You agree that we may deliver copies of transcripts of such recordings to any court, regulatory or government authority, including but not limited to disputes which may arise between you and Us.
3.1.3 Such personal data may be used for exchanging purposes, or to conduct exchange research for Us or other companies in our group that may use the personal data to bring to your attention products and services that may be of interest to you and also to assist in the efficient provision of the services. By entering into these Terms and Conditions, you are consenting to the transmittal of your personal data (i.e. your personally identifiable information and your payment details) to other companies in the Hybrid Group and to external companies to help us to process and/or analyze it as part of the provision of services to you.
3.1.4 As well, without derogating from the generality of the foregoing, we and our affiliates and agents may collect, store and process information from you or otherwise in connection with the services for the purpose of complying with any Applicable Regulation, including disclosures to governmental authorities.
3.2 Communications Within The HYBSE Community; Links to Third Party Websites, Newsletters, etc.
3.2.1 Additionally, you confirm and warrant that: (i) you own all right to title and interest in any content provided by you, and (ii) the posting of your content by us (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content. You acknowledge that you are responsible for any content that you submit or transmit through any of our websites, applications and/or any network status/posts/blogs and any other communications and/or content options available by us, including your responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material.
3.2.2 You need to pay attention, in our efforts to promote collegial, non-misleading and non-defamatory communications between the users of our community, you are strictly prohibited from: (1) making statements as to your eligibility to provide investment advice, portfolio management and/or any other services and/ activity which may require a license, registration and/or notification in your state of residency and/or in the residency states of our users; (2) making statements that the Hybrid Group and/or its affiliates endorse, maintain any control and/or guarantee the accuracy and/or completeness of the content published, posted or shared by you with other users; (3) making statements that are abusive, defamatory, harassing, and/or insulting to the Hybrid OTC Market, its affiliates, employees, shareholders and/or any of its associates and/or other users or otherwise; (4) making statements that advertise or promote any other online entities and/or you and/or any services; (5) making statements that contain sexually explicit and/or any grossly offensive content, including expressions of bigotry, racism, hatred or profanity or that is hateful, threatening or pornographic; incites violence or that contain nudity or graphic or gratuitous violence; (6) sending or otherwise posting unauthorized commercial communications (such as spam) on our websites, applications and/or utilising the services; (7) collecting users' content or information, or otherwise accessing our websites and/or services,using automated means (such as harvesting bots, robots, spiders, or scrapers); (8) engaging in unlawful multi-level Exchanging, such as a pyramid scheme, on our websites and/or using our services; (9) uploading viruses or other malicious code; (10) soliciting personal information and/or login information or access an account belonging to someone else; (11) using our websites and/or services to do anything unlawful, misleading, malicious, or discriminatory; (12) doing anything that could disable, overburden, or impair the proper working of the Hybrid OTC Market, such as a denial of service attack and/or facilitate or encourage any violations of these Terms and Conditions. All content relating to the above (including any unsubstantiated performance claims) may be removed from any of our websites. If you violate the above we shall have the right to terminate your account and/or terminate or restrict your access to all or any services and, if relevant, refund any money in your account.
3.3.3 If you have been qualified as a leading user please contact your account manager to receive further information with respect to any such restrictions which may apply to you. Leading users may be subject to additional rules of conduct and restrictions relating to their content or activities which may be imposed by Us from time to time either generally or as a part of specified Promotions.
3.3.4 We reserve the right to review, monitor, revise and/or remove any such content in any way we see fit in our sole discretion. We do not undertake to review and monitor all the content and we do not in any manner endorse, support, sanction, encourage, verify or agree with any such content. You acknowledge that we may report to government authorities any actions that may be considered illegal and/or as may be required by such authorities. When requested, we may cooperate with government authorities in any investigation of alleged illegal activity. You further confirm and acknowledge that we may also maintain records of all such content.
3.3.5 We may provide you with various analytical tools, links to other websites, circulate newsletters and/or provide you with third party information for your convenience. By doing so, neither we nor any of our affiliates are endorsing, giving any representation, warranting, guaranteeing, sponsoring or otherwise responsible for the accuracy, correctness, timeliness, completeness or suitability of such Information. Such Information and tools are provided solely to assist you to make your own investment decisions and does not amount to investment advice. You understand that we are not required to continue to provide or update the above mentioned tools and Information and we may cease to do so at any time. For purposes of clarity, we will not be responsible for the termination, interruption, delay or inaccuracy of any Information. You undertake not to enable deep linking or any other form of re-distribution or re-use of the Information. As such, we urge you to read and fully understand the terms and conditions and other policies of such websites, newsletters and information before using them. Past performance is no guarantee of future results and we advise users to carefully review all claims and representations made by other users, advisors, bloggers, money managers and system vendors before making an investment decision on the basis of any of the above.
UNDER NO CIRCUMSTANCES SHALL THE HYBRID GROUP OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY SUCH INFORMATION OR TOOLS, INCLUDING, BUT NOT LIMITED TO ERRORS IN OMISSIONS OR ALTERATIONS TO ANY SUCH INFORMATION.
4. RISKS DISCLAIMERS AND LIMITATIONS ON LIABILITY
4.1 General Risk Statement
As you know, the OTC Market is a continuously changing or developing area and you should not deal in OTC's unless you understand the nature and the extent of your exposure to risk. You should also be satisfied that it is suitable for you in the light of your circumstances and financial position. In addition, the use of our services can never be considered a safe investment, rather only an investment with a high risk of loss inherently associated with it. You understand and confirm that you are using our services at your own risk.
Furthermore, We make sure that the maximum risk associated for any user shall not exceed the actual amount available in your account. It is for this reason that we provide the use of our services to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to trading OTC securities (including shares, stocks and/or other debt instruments) and commodities. It is also important to have relevant experience when entering financial contracts and transactions.
4.2 Accountability for Each Financial Transaction
By using our services, you agree to be fully, independently and personally liable for each transaction and/or credit card transaction made on our System through your account. As such, you must make sure that you are the only person with access to your account at all times. You must make sure that no minors have access to your account. If you do not settle a transaction performed through your account you shall be liable to us and must indemnify us in the amount necessary to cover the entire cost, whether indirect or direct, of the transaction. In the unlikely event that a contract is entered into, acquire or sell currency at a price that does not reflect the exchange price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), we reserve our right to terminate and cancel any such transaction. We will notify you of our decision to cancel the transaction and explain our reasons to you. On the other hand, you are required to inform us of any such malfunction should you experience such an occurrence whilst trading on our system.
4.3 Restrictions on Financial Transactions
By using our services, you declare that all the funds that you use on our services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. You must understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide. As such, you understand that ultimately it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our services. We strictly state that our services may not be used in jurisdictions which prohibit the use of our services and may not be used by any persons located in jurisdictions prohibited by local laws. In the event that we become suspicious that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, but not limited to money laundering activities, or conduct otherwise in violation of these Terms and Conditions, your access to the services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, Hybrid OTC Market is under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to the service and/or blocking your account, We reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity.
4.4 Additional Risk Disclosures
It is important that you are fully aware of the following points:
4.4.1 If you are trading over alternative trading platforms or third party trading accounts, such trading activities shall be subject to the commissions and fees available to our clients over such platforms, and to the terms and conditions applicable to such trading accounts in addition to any and all of the terms set forth in these Terms and Conditions.
4.4.2 Due to the high degree of risk involved in trading volatile Instruments, you acknowledge and agree that we reserve the right to close all or any open transactions with respect to any Instruments that we determine, acting reasonably, to be volatile, at the price quoted, without notice. You acknowledge that the trading of certain Instruments on the trading platform is likely to change in a very sudden or extreme way and without warning.
4.4.3 No system exists that could assure you that your OTCs will bring you great benefits, nor is it possible to guarantee that your transactions will yield favourable results. High leverage allows trading in OTCs with relatively modest Margins or guarantees in relation to the scope of the contract. The result of this is that even a slight fluctuation of the underlying instruments could mean substantial gains when these fluctuations are in your favour, but could also mean considerable losses if the fluctuations are to your detriment.
4.4.4 The risk disclosures presented here do not reflect all of the risks as well as other important aspects relating to OTCs.
4.4.5 You are advised to learn the specifics of selling on the OTC platform or to seek further advice before participating in the OTC Market. The risk information presented here does not reflect all of the risks as well as other important aspects underlying OTC transactions with respect to foreign currencies, commodities and securities.
4.4.6 Please note that there are series of inherent risks with the use of the mobile trading technology such as the duplication of order instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Prices displayed on the mobile platform may not reflect the actual executed price of the order but are solely an indication of the executable rates. Our mobile feature utilizes public communication network circuits for the transmission of messages. We shall not be liable for all circumstances in which you experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between you and any internet service provider, phone service provider, or any other service provider. Please further note that some of the features available on the trading platform or our Social Trading Features may not be available on our mobile feature.
4.5Risks Associated with Social Trading
The Hybrid Group and its affiliates are proud to provide you with the ability to interact, follow and copy other traders by using Information and/or social trading features provided and/or made available on our websites and/or platforms. Such social trading features include but are not limited to our community, "follow", "copy" and/or "copytrader" traders rankings, "featured users" and/or any advanced search options etc. (collectively, "Social Trading Features"). However, we note that Social Trading Features are associated with various risks and you are urged to carefully read and consider the following risks before utilizing either of our Social Trading Features:
4.5.1 The Hybrid Group, its affiliates and their employees and agents are not investment or financial advisors, therefore, Social Trading Features are provided by us solely for informational purposes.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. IF YOU MAKE INVESTMENT DECISIONS IN RELYING ON INFORMATION WHICH IS AVAILABLE ON OUR WEBSITES OR AS A RESULT OF THE USE OF THE SOCIAL TRADING FEATURES, YOU DO SO AT YOUR OWN RISK AND THE HYBRID GROUP, ITS AFFILIATES, THEIR EMPLOYEES AND ITS AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY INCUR. PLEASE CONDUCT YOUR OWN RESEARCH BEFORE MAKING ANY INVESTMENT DECISIONS.
4.5.2 Please be warned that a copied trader's positions (with respect to any of our financial instruments) shall be copied using the lower of either the minimum position amount or with the same proportional amounts and with the same leverage, to the maximum extent possible. All such positions shall be closed automatically if and when closed by the copied trader and /or by us for whatsoever reason without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of the entire investment you made in such a copied trader. You are fully responsible for any losses you may incur as a result of our automatic execution of instructions generated as a result of the utilising of any of the Social Trading Features.
4.5.3 If you place additional trades in your account or you modify or cancel an order generated by a Social Trading Feature, you may achieve a materially different result than the user that you copied. Changing a copied position shall cause its disconnection from the original position. Such disconnected position shall not be automatically closed or changed when the original position is changed or closed.
4.5.4 Any past performance of our users indicated on our websites is not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that past archival performance is not a guarantee of future performance. When reviewing the content, portfolio, financial performance information, opinions or advice of another registered user, you should not assume that the user is unbiased, independent or qualified to provide financial information or advice.
4.5.5 WE DO NOT GUARANTEE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DOCUMENTED AND MAY NOT TAKE INTO ACCOUNT FEES, SPREADS AND/OR TRADING COMMISSIONS THAT MAY BE CHARGED. THE ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND WITHDRAWALS), EXCHANGE BEHAVIOUR, THE INVESTOR'S ACCOUNT SETTINGS AND THE PERFORMANCE OF THE COPIED USER. CONSEQUENTLY, ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS MAY BE MATERIALLY DIFFERENT THAN THE PERCENTAGE GAINS/LOSSES AS PRESENTED ON THIS WEBSITE. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE EXCHANGE IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
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
4.6 Additional Risks and Disclosures Associated with Trading OTC Securities.
This notice does not disclose all of the risks and other significant aspects of contracts for differences with respect to securities. The OTC Market is open to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to such financial instruments. In that respect we note as follows:
We reserve the right to close any such of your open transactions in the relevant OTC platform should an issuer of a security become insolvent or is otherwise dissolved. The closing date shall be the date of insolvency.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY
5.1 THE USE OF THE WEBSITE AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN OR ACCESSED VIA OUR WEBSITE BY YOU IS AT YOUR OWN RISK, AND ALL SUCH INFORMATION, AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
5.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA OUR WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE WEBSITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY TRANSACTION OR OTHER FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, WE DO NOT GUARANTEE THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN. SIMILARLY, WE SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, WE MAKE NO AFFIRMATIONS AND WARRANTIES THAT OUR WEBSITES WILL BE UNINTERRUPTED, SECURED, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.
5.3 UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF THE HYBRID OTC MARKET OR ITS AFFILIATES (THE "HYBRID GROUP") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF OUR WEBSITES, ANY INFORMATION POSTED ON OUR WEBSITES BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON OUR WEBSITES EVEN IF NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, DELICT OR OTHERWISE.
5.4 NOTWITHSTANDING THE MAXIMUM LIABILITY THAT YOU MAY CLAIM FROM US FOR ANY REASON WE SHALL NOT IN ANY EVENT BE LIABLE TO MORE THAN THE ACTUAL SUM OF MONEY THAT YOU DEPOSITED IN YOUR ACCOUNT FOR THE PURPOSE OF TRADING OR FOR ANY ACCUMULATED LIABILITY THAT YOU INCUR. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
6. TECHNICAL FEATURES AND REQUIREMENTS
6.1 We reserve the right to discontinue, redesign, modify, enhance, change, patch the software and/or the services including the structure, specifications, "look and feel," navigation, features and other elements of the Software and/or the services or any part thereof for any reason and without limitation. You acknowledge that the services and/ the Software are beta versions at the stage of development. Consequently, the services and/ the Software may be unstable and may not work error free. We do not warrant that the functions contained in the services and/ the Software will meet your requirements or that the operation of the services and/ the Software will be uninterrupted or error free.
6.2 Technical Requirements you are required to provide and maintain adequate technical means on which to install our software and/or access our services. These technical means must include at least a personal computer/mobile device/tablet, internet access by any means and telephone or other access line. Access to the internet is an essential feature and you shall be solely responsible for any fees necessary in order to connect to the internet. Furthermore, you are strictly and solely liable for the integrity and proper storage of any data associated with our services since you will be using your personal computer to access our services. By using our services, you represent and warrant to us that you have installed and implemented appropriate means of protection relating to the security and integrity of your computer and that you have taken appropriate action to protect your system from computer viruses or other similar harmful or inappropriate materials, devices, information or data. We will not be liable to you in the event that your computer system fails, damages, destroys and/or formats your records and data. Furthermore, if you incur delays and any other form of data integrity problems that are a result of your hardware configuration or mismanagement, we shall not be liable. You further undertake to protect us from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to our system from your personal computer.
6.3 Technical Problems and Difficulties. We do not represent, warrant, guarantee or claim that you will be able to access or use our service at all times and from any location. Moreover, if you are travelling to any country in which our services may not be available or are blocked, you have limited or no access to our services. Neither do we represent, warrant, claim or guarantee that our services will be uninterrupted and error-free at all times. Furthermore, we make no warranties for merchantability or fitness for a particular purpose. As a provider of technology, we remind you that in some circumstances the useof the internet can at times be unreliable and at times you may experience trouble connecting, although is now common practice that generally the use of the internet is now regarded to be very reliable. Notwithstanding, and recognizing the above, you hereby undertake that we will not be liable, and you will not hold or seek to hold us or any of our officers, employees 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.
6.4 Disconnection Policy. If you are suddenly disconnected from our services whilst actively online, we will keep your positions open until you can re-establish your connection.
6.5 Maintenance Shut Downs. We maintain our continuing right to shut down our operations and close our services to our customers at any time. We may do so at any given time, without notice. If we do so, we maintain the right to close all open transactions regardless of any ongoing positions so that our customers will not have any ongoing claims from us.
7. PROHIBITED TRADING TECHNIQUES
7.1 Circumvention & Reverse Engineering. You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that we have applied to our system. If, at our sole discretion, you are in breach of this clause, we may terminate your access to the service immediately and/or have your account blocked and The Hybrid Group may inform Interested Third Parties of your breach of this clause. We have, and will continue to develop any tools necessary to identify fraudulent or unlawful use of our service.
7.2 Artificial Intelligence Software. It is absolutely prohibited to use any software, at our sole discretion, which purpose is to apply any kind of artificial intelligence analysis to our system relating to the use of our service. In the event that we determine, at our own discretion, that artificial intelligence software has been used we reserve our right to take action as we see fit, including completely blocking access to the service and/or terminating the user account. The Hybrid Group reserves the right to seize any profits and/or revenues generated directly or indirectly by exercising prohibited trading activity as described in this Clause.
7.3 Abusive trading technique. Trading strategies aimed at exploiting errors in off-exchange prices, or taking advantage of internet delays cannot exist in an OTC Market where the Issuer is selling directly to the buyer. Such trading strategies are not permissible on our trading platform. If we can reasonably demonstrate that, based on your trading strategy or other behaviour, you deliberately and/or systematically exploited or attempted to exploit such errors in prices and/or off-exchange prices, we are entitled to take one or more of the following counter measures within 30 days as of the time we have identified such techniques:
•reclaim from your account any historic trading profits that we can demonstrate to have been gained through such abuse at any time; and/or
•terminate the account immediately by giving written notice. Any dispute arising from such quoting or execution errors will be resolved by The Hybrid Group at its sole and absolute discretion.
8.CONFLICT OF INTERESTS
8.1 We have established a comprehensive conflict of interest policy to identify and manage such actual or potential conflicts of interest. Under the International Rules we are required to have in place arrangements with a view to taking all reasonable steps to prevent conflict of interest constituting or giving rise to a material risk of damage to the interests of our clients. Our conflict of interest policy is available upon request. Where we are unable to prevent a potential conflict of interest, we will notify you in writing about the nature and sources of potential conflicts of interest so that you can make an informed decision on the services or recommendations involved.
8.2 You accept and confirm that a conflict of interest may arise when the interest of the Hybrid Group and its affiliates competes or may appear to compete with your interests under these Terms and Conditions.
8.3 You specifically hereby acknowledge and confirm that:
8.3.1 We may compensate and/or share our revenues from your activity with our affiliates, partners and/or other similar parties performing exchanging activities on our behalf. For instance, for information as to compensation paid to our affiliates please see http://www.etoropartners.com/. You hereby further acknowledge that we also may compensate other users who you have elected to follow and/or copy (such as qualified Popular Investors).
9.1Taxation. You hereby acknowledge and understand that we do not collect any taxes for any government authority in any form or manner and you further understand that it is your own responsibility to calculate and pay all applicable taxes applicable in your country of residence arising as a result of your trading activity on our services. Notwithstanding the above and without derogating in any way from your sole, exclusive and personal obligation to pay taxes in your local jurisdiction, you unequivocally agree that we may withhold and deduct any taxes due under applicable law and regulations that may arise from the results of your investment on our system. All amounts extracted from your account are "gross amounts", from which we may deduct any such taxes if necessary under the applicable law. In such an event, you shall have no claim towards The Hybrid Group with regard to any such deductions.
9.2 Governing Law & Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Vanuatu, notwithstanding any principles of conflicts of law. By using our services you agree to recognize all electronic and magnetic data and documentation as admissible evidence when settling a dispute regarding any trades and investments. The competent courts of law in the Republic of Vanuatu shall have the sole and exclusive jurisdiction regarding any dispute or claim arising hereunder.
9.3 Termination of these Terms and Conditions
9.3.1 We reserve the right to terminate these Terms and Conditions, your account and registration (including your username and password) in the following cases:
126.96.36.199 If for any reason we decide to discontinue to provide the service, by providing at least a 3 (three) calendar days’ notice (which may be provided by email, facsimile etc.);
188.8.131.52 If we believe that you have breached any of the terms of these Terms and Conditions, immediately without notice;
184.108.40.206 If your use of the service has been in any way improper or breaches the spirit of these Terms and Conditions; or
220.127.116.11 In the event of an application order, resolution or other announcement in relation to the bankruptcy or winding-up proceedings in which you are involved, termination will be immediate and without notice.
18.104.22.168 The death of the user, immediately without notice
22.214.171.124 You may terminate these Terms and Conditions, your account and registration (including your username and password) at any time by sending an email for such termination to The Hybrid Group or the Hybrid OTC Market, which shall occur within seven (7) calendar days after receipt of your email on our servers, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.
If these Terms and Conditions are terminated for any reason due to suspected misconduct by the user, The Hybrid Group reserves the right to withhold any funds in the account until the matter is resolved. Any decision made by The Hybrid Group regarding the matter will be final.
9.4 Severability. If any part of these Terms and Conditions is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
9.5 Modifications to These Terms and Conditions. No provision of these Terms and Conditions can be amended by yourself, in any respect, except in writing by an officer of The Hybrid Group that has been confirmed by The Hybrid Group’s secretary, and in entering into these Terms and Conditions, you have not relied on, or been otherwise induced by, any matter not contained in such writing. For purposes of clarity, our customer support department employees are not authorized to amend or to waive the terms of these Terms and Conditions in any respect. We reserve the right to amend, revise, modify, and/or change these Terms and Conditions at any time.
9.6 Assignment. Subject to applicable regulations, upon notice to you, eToro may assign these Terms and Conditions and/or any of our rights and/or obligation hereunder to another registered or authorised or unauthorised investment professional.
9.7Contact details and customer support services. The Hybrid OTC Market is committed to provide the most professional customer support services: you are welcome to contact us with any question and/or concern you may have in the following contact methods:
PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
END USER LICENSE AGREEMENT
This is the End User License agreement that applies to the use of Hybrid Group and its affiliates’ websites and trading platforms (the “Agreement”). If you have any objection to the terms and conditions stipulated hereto, do not use our websites and trading platforms in any way. Downloading, installing, your access to and use of this website and our applications and trading platforms constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website, our platforms and/or our applications. Your use of the the Hybrid Group websites, platforms and applications is governed by the version of this Agreement in effect on the date the Hybrid Group website is accessed by you. Please feel free to contact our customer support team at www.hybse.com for any clarifications before you continue to use these websites and platforms.
Electronic Signatures and Agreement(s): you acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by the Hybrid Group to show your approval of any foregoing texts, the use of the services(as defined below), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites, applications and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
1. Scope of Agreement
This Agreement applies to any of our: (i) web pages, (ii) services, (iii) content, (iv) applications and platforms; (v) Databases and (vi) information together with the software (collectively referred to as the “services” and any software component therein, the “Software”) provided by the Hybrid Group (“the Hybrid Group” and collectively with its affiliates “us” or “our“).
The content and information included in these services are provided by the Hybrid Group. Carefully read all the terms and conditions of this Agreement prior to the, use of our websites and/or platforms and/or download and/or the installation of our software. If you (“you” or the “user“) do not agree to these terms and conditions, you may not install this Software and/or use our services, and/or do not commence the installation process and destroy any file relating to the Software in your possessions. This Agreement may be updated by the Hybrid Group from time to time, without prior notice to the user. The use of the services may be subject to additional terms and conditions, which will be published by eToro Group Limited from time to time.
2.1 The Hybrid Group hereby grants to you a non-exclusive and non-transferable license to use the services. The services may only be used for personal use. This does not include any use on a computer network. THEHYBRID GROUP MAY TERMINATE THIS LICENSE, CANCEL THE USER’S PASSWORD AND/OR THE USER’S ACCOUNT (OR PART OF IT) IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH ABOVE.
2.2 You may not: (i) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the services and/ the Software; and/or (ii) loan, rent, lease, give, sub-license or otherwise transfer the services and/or the Software (or any copy thereof) in whole or in part, to any other party; Copy, alter, translate, decompile or reverse engineer the software, including but not limited to, modify the Software in any way; (iii) remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.
3. account user Information and user Security
In order to use the services you shall receive specific account user Information. It is your responsibility to keep the account user Information secret and you are responsible for all actions made using your account user Information. You agree: (a) to immediately notify the Hybrid Group of any unauthorized use of the account user Information or of any other violation of security and (b) at the end of each use, to log out from your account in an orderly way.
4. The Hybrid OTC Market Privacy Statement
This online privacy statement is intended to inform you of the ways in which this website (www.hybse.com) collects information, the uses to which that information will be put, and the ways in which we protect information you choose to provide us.
Please note that other websites may adopt different privacy practices as their specific needs require.
The use of this Site is subject to all applicable state and federal laws, as well as general Financial policies.
4.1. Information Collected
This Site collects two general types of information:
(a) information you voluntarily provide to us, which may include personal information (such as your name, address, e-mail address, bank information, uploaded files etc.), and
(b) information we collect automatically when you visit this Site through cookies, third party tracking technologies and server logs.
4.2. Information Voluntarily Provided by you
This Site will only collect personal information that you knowingly and voluntarily provide, e.g. responding to surveys, completing membership forms, sending e-mails, bank information, uploaded files etc. It is this Site’s general practice to use personal information only for the purposes for which it was requested and any additional uses specifically stated on the Site. However, information collected through this Site may be subject to the Hybrid Group obligation to respond to subpoenas, court orders, discovery requests, and requests for public records under the Freedom of Information Act. Furthermore, the disclosure of information collected through this Site is subject to the provisions of the Family Educational Rights & Privacy Act.
The Hybrid Group may also access or permit access to information collected through this Site in accordance with and subject to the limitations of the Hybrid Group's Acceptable user Policy for Information Technology Resources.
Although this Site has security measures in place to protect personal information provided to us by users, users should also take steps to protect personal information e.g. by closing all web browsers after using the Site. Information disclosed in chat rooms, news groups, forums, message boards and similar contexts may become public. Users should therefore exercise caution before disclosing personal information in such contexts.
When you engage in financial transactions at our Site, you may be asked for a credit card number, bank information or similar information. Please do Note that: all transactions are encrypted and the server that processes your credit card or bank information is secure (SSL). Such information may also be saved in an encrypted format or in internal systems that are protected by a firewall system. This Site complies with the Payment Card Industry Data's Security Standards.
4.3. Updating Personal Information
You may correct, update, or remove the personal information provided to us through the use of the Site by submitting the menu bar when you are logged in. Any request is to be made via the “TICKET SYSTEM” on the site.
4.4. Information we Collect Automatically
You have the option of disabling or not accepting cookies by changing the preferences on your browser. If you opt to disable cookies, you will still be able to use certain sections of our Site. However, you will not be able to use any part of this Site that requires a login (e.g. accessing secured content, posting to message boards, etc.).
4.6. Third Party Tracking Technology
This Site uses a tracking technology called Google Analytics to obtain Site usage information such as users’ Internet Protocol (IP) addresses, Internet domain and host names, browser software, and the date and time that the Site is visited. Data obtained through Google Analytics does not include and is not linked to any personal information. Data from Google Analytics allows us to monitor the use of this Site, understand how users find our Site and improve the Site’s function and content.
Our web servers routinely generate logs that contain the following types of information each time the Site is used:
4.7.1 The date, time and length of your visit.
4.7.2 The path taken through our Site and the browser being used.
4.7.3 The list of files downloaded and the amount of time spent viewing video or audio files.
4.7.4 The IP Address of the computer accessing our Site.
4.7.5 Any errors encountered.
This information is used primarily to monitor the functioning and integrity of the Site and other Hybrid Group websites.
This Site may contain links to other sites. Please be aware that we do not control or claim any responsibility for the privacy practices or content of such other sites. We encourage users to read the privacy statements of each website they visit.
Our users are given the opportunity to receive communication from us. To remove your e-mail address from the technology list service, open a ticket in our “TICKET SYSTEM” and include the following command line in the text of the message: UNSUBSCRIBE information and news to my email address: [email protected].
4.10. Changes to Privacy Statement
If we make changes to our privacy statement, we will indicate this on our home page in the privacy Statement.
Neither the Hybrid Group, nor any of its units, programs, employees, agents or individual trustees, shall be liable for any improper or incorrect use of information obtained through the use of this Site.
By using this Site you consent to the terms of this privacy statement.
4.13. Questions and feedback
Your questions, comments and concerns are always welcome. Please send us your feedback regarding the privacy statement or any other issues via the “TICKET SYSTEM”.
5. User Conduct; communications within the Hybrid OTC Market Community; Links to Third Party websites, Newsletters, etc.
5.1 You shall not use the Information for any unlawful or unauthorized purpose. The use and interpretation of the services requires skill and judgement, and you shall at all times exercise your own judgement in the use of the services.
5.2 You agree not to use the services in order to:
-disturb or damage the services or the servers or the networks connected to the services. The user must not ignore conditions, policies and/or regulations of networks which are connected to the services
-violate knowingly or consciously or even incidentally or involuntarily, any local, state, national or international law which applies to our software.
5.3 By using the services you acknowledge that you are well informed that the Hybrid Group does not perform any prior filtering of the content and/or financial information made available through the services by third parties. Notwithstanding the aforementioned, the Hybrid Group and/or its agents, shall have the right to remove any content which violates this license conditions or which raises opposition in any other way.
5.4 You agree that it is up to you to evaluate the risks involved with the use of the service, including the reliance upon accuracy, perfection and/or benefit of the content made available by the service. And you agree that the risks with such use shall be on yourself.
5.5 Communications within the the Hybrid OTC Market Community; Links to Third Party websites, Newsletters, etc.
5.6 You acknowledge that you are responsible for any content, information and material that you submit or transmit through any of our websites, applications and/or any network status/posts/blogs and any other communications and/or content options available by us, including your responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material. Additionally, you represent and warrant that: (i) you own all right to title and interest in any content provided by you, and (ii) the posting of your content by us (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyrights, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content.
5.7 In our efforts to promote collegial, non-misleading and non-defamatory communications between the members of the the Hybrid OTC Market OpenBook community, you are strictly prohibited from:
5.7.1 making statement as to your eligibility to provide investment advice, portfolio management and/or any other services and/ activity which may require a license, registration and/or notification in your state of residency and/or in the residency states of our users;
5.7.2 making statement that the Hybrid Group and its affiliates endorse, maintain any control and/or guarantee the accuracy and/or completeness of the content published, posted or shared by you with other users;
5.7.3 making statements that are abusive, defamatory, harassing, and/or insulting statements to other users or otherwise;
5.7.4 making statements that advertise or promote any other online entities and/or your and/or any services;
5.7.5 making statements that contain sexually explicit content and/or any grossly offensive, including expressions of bigotry, racism, hatred or profanity or that is hateful, threatening or pornographic; incites violence or that contain nudity or graphic or gratuitous violence;
5.7.6 sending or otherwise posting unauthorized commercial communications (such as spam) on our websites, applications and/or utilizing our services;
5.7.7 collecting users’ content or information, or otherwise accessing our websites and/or services, using automated means (such as harvesting bots, robots, spiders, or scrapers);
5.7.8 engaging in unlawful multi-level Exchanging, such as a pyramid scheme, on our websites and/or using our services;
5.7.9 uploading viruses or other malicious code;
5.7.10 soliciting personal information and/or login information or access an account belonging to someone else;
5.7.11 using our websites and/or services to do anything unlawful, misleading, malicious, or discriminatory;
5.7.12 doing anything that could disable, overburden, or impair the proper working of eToro, such as a denial of service attack and/or facilitate or encourage any violations of these Terms and Conditions. All unsubstantiated performance claims may be removed from any of our websites. If you violate the above we reserve the right to terminate your account and registration on our services. If your account and registration are terminated due to the above misuse we will refund any funds which may be in your account.
5.8 Leading traders may be subject to additional rules of conduct and restrictions relating to their content or trading activity which may be imposed by us from time to time either generally or as a part of specified promotions. If you have been qualified as a “Popular Investor” or a 'leading trader' please contact your account manager to receive further information with respect to any such restrictions which may be applicable to you.
5.9 We do not undertake to review and monitor all the content and we do not in any manner endorse, support, sanction, encourage, verify or agree with any such content. We reserve the right to review, monitor, revise and/or remove any such content in any way we see fit in our sole discretion. You acknowledge that we may report to government authorities any actions that may be considered illegal and/or which may be required by such authorities. When requested, we may cooperate with government authorities in any investigation of alleged illegal activity. You further confirm and acknowledge that we may also maintain records of all such content.
5.10 At certain times, we may provide you with various analytical tools (such as Exchange data, price quotes, exchange rates, news, headlines and graphs), links to other websites, circulate newsletter and/or provide you with third parties’ information for your convenience. By doing so, we are not endorsing, giving any representation, warranting, guaranteeing or sponsoring the accuracy, correctness, timeliness, completeness, suitability of such information for you and/or as to the effect or consequences of such information on you. Such information and tools are provided solely to assist you to make your own investment decisions and does not amount to investment advice or unsolicited financial promotions to you. It is important to make a distinction between indicative prices which are displayed on charts and dealable prices which are displayed on our trading platform. Indicative quotes only give an indication of where the Exchange is. Because foreign exchange trading is decentralized, meaning it lacks a single central exchange where all transactions are conducted, each Exchange maker may quote different prices. Therefore, any prices displayed on any chart made available by us or by a third party will only reflect “indicative” prices and not necessarily actual “dealing” prices where trades can be executed. You understand that we are not obligated to continue to provide the above mentioned tools and information and we may remove such informational tools from our website at any time. Furthermore, we are not obligated to update the information displayed on our website at any time and we will not be liable for the termination, interruption, delay or inaccuracy of any Exchange Information. The financial information we post on our website is provided by third parties for the benefit or our users and as such you undertake not to enable deep linking or any other form of redistribution or reuse of the information, to any non-authorized users. As such, we urge you to read and fully understand the terms and conditions and other policies of such websites, newsletters and information before using them. Any information or material placed on our websites by third parties reflects solely and exclusively the views, and are the responsibility of, those who post such information or material, and do not represent the views of Hybrid Group and/or its affiliates. Such information is not to be considered as constituting a track record. Past performance is no guarantee of future results and we specifically advise clients and prospects to carefully review all claims and representations made by other traders, advisors, bloggers, money managers and system vendors before making an investment decision on the basis of any of the foregoing. UNDER NO CIRCUMSTANCES SHALL THE HYBRID GROUP AND/OR ITS AFFILIATES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY SUCH TOOLS, WEBSITES, NEWSLETTERS AND/OR INFORMATION.
5.11 The Hybrid Group, our officers, principals, employees or agents shall not be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in, omissions of or alterations to any information and/or content. The foregoing shall apply regardless of whether a claim arises in contract, tort, delict, negligence, strict liability otherwise.
5.12 Risks Associated with Social Trading: the Hybrid Group and its affiliates are proud to provide you with the ability to interact, follow and copy other traders by using Information and/or social trading features provided and/or made available on our websites and/or trading platforms. Such social trading features include but are not limited to the Hybrid OTC Market Open Book, “follow”, “copy” and/or “copytrader” traders rankings, “featured users” and/or any advanced search options, etc. (collectively, “Social Trading Features”). However, we note that Social Trading Features are associated with various risks and you are urged to carefully read and consider the following risks before utilizing either of our Social Trading Features:
5.13 The Hybrid Group and its affiliates, their employees and agents are not investment or financial advisers. Social Trading Features are provided by us solely for informational purposes.
IF YOU MAKE INVESTMENT DECISIONS IN RELIANCE ON INFORMATION WHICH IS AVAILABLE ON OUR WEBSITES OR AS A RESULT OF THE USE OF THE SOCIAL TRADING FEATURES, YOU DO SO AT YOUR OWN RISK AND THE HYBRID GROUP AND ITS AFFILIATES, THEIR EMPLOYEES AND ITS AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN. YOU SHOULD NOT MAKE ANY INVESTMENT DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION.
5.14 A copied trader’s position (with respect to any of our financial instruments) shall be copied using the lower of either the minimum position amount or with the same proportional amounts and with the same leverage, to the maximum extent possible. All such positions shall be closed automatically if and when closed by the copied trader and/or if the copied trader’s positions were automatically closed by us, for whatsoever reason, without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of the entire investment you made in such a copied trader. You are fully responsible for any losses you may sustain as a result of our automatic execution of instructions generated as a result of the utilising of any of the Social Trading Features.
5.15 If you place additional trades in your account or you modify or cancel an order generated by a Social Trading Feature you may achieve a materially different result than the user that you copied. Changing a copied position shall cause its disconnection from the original position. Such disconnected position shall not be automatically closed or changed when the original position is changed or closed.
5.15 Any past performance of our users indicated on our websites is not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that historical performance is not a guarantee of future performance. When reviewing the content, portfolio, financial performance information, opinions or advice of another registered user, you should not assume that the user is unbiased, independent or qualified to provide financial information or advice.
5.16 HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN AND MAY NOT TAKE INTO ACCOUNT FEES, SPREADS AND/OR TRADING COMMISSIONS THAT MAY BE CHARGED. THE ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND WITHDRAWALS), EXCHANGE BEHAVIOUR, THE INVESTOR’S ACCOUNT SETTINGS AND THE PERFORMANCE OF THE COPIED USER. BECAUSE OF THIS, ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS MAY BE MATERIALLY DIFFERENT THAN THE PERCENTAGE GAINS/LOSSES AS PRESENTED ON THIS WEBSITE. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO OTC's IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
5.17 NO ASPECT OF THE INFORMATION AND/OR SOCIAL TRADING FEATURE PROVIDED AND/OR MADE AVAILABLE ON OUR WEBSITE IS INTENDED TO PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY INVESTMENT, TAX OR OTHER FINANCIAL RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY SUCH CONTENT AND/OR ANY SUCH FEATURE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. IF YOU CHOOSE TO ENGAGE IN TRANSACTIONS BASED ON CONTENTS ON THE WEBSITE AND/OR ELECT TO COPY SPECIFIC TRADERS AND/OR TRADES, THEN SUCH DECISION AND TRANSACTIONS AND ANY CONSEQUENCES FLOWING THEREFROM ARE YOUR SOLE RESPONSIBILITY. WHILE INDIVIDUAL PARTICIPANTS MAY OFFER INVESTMENT ADVICE OR OPINIONS AND/OR EFFECT A TRANSACTION WHICH MAY BE SUBSEQUENTLY COPIED BY OTHER TRADERS, SUCH ADVICE, OPINIONS OR TRADES AMOUNT TO NOTHING MORE THAN EXCHANGES BETWEEN PERSONS WHO MAY BE ANONYMOUS OR UNIDENTIFIABLE OR SIMPLY THE EXECUTION OF A TRADE BY SUCH TRADERS. HYBRID GROUP AND ITS AFFILIATES DO NOT PROVIDE INVESTMENT ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER WHATSOEVER BY MAKING SUCH INFORMATION AND/OR FEATURES AVAILABLE TO YOU. YOU SHOULD USE ANY INFORMATION GATHERED FROM HERE AND/OR UTILIZE THE SOCIAL TRADING FEATURES ONLY AS A STARTING POINT FOR YOUR OWN INDEPENDENT RESEARCH AND INVESTMENT DECISION MAKING.
6. Intellectual Property
The use of the Hybrid Group services and/or Software does not grant you any rights other than those granted to you by revocable License in any way. We own all the images displayed on our website and software. You may not use these images in any way other than the manner in which we provide them. Should you wish to use any of our images for any other purpose, you must obtain Our prior written consent in advance. Nothing contained on our websites shall be construed as granting, by implication or otherwise, any license or right to use any trademark without our written permission or such third party that may own the trademarks. All our intellectual property assets, including, but not limited to all copyrights, trademarks, patents, software code, icons, logos, service marks, trade names, characters, layouts, trade secrets, buttons, colour scheme and graphics are Our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. You shall respect all such proprietary rights and unless you were given an explicit permission by the Hybrid group, you shall not use the services, or any other information or the software for any purpose, other than personal ordinary purposes, and you shall not change, sell and/or distribute our services and/ create any products based on our services, or on part of it, without our prior written consent. Under no circumstances shall you remove any copyright notification from any of our IP or unlawfully use our downloadable software. Except as expressly stated herein, you may not without our prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our websites. If you link another website to one or more of our websites, your website, as well as the link itself, may not, without our prior written permission, suggest that we endorse, sponsor or are affiliated with any non-Hybrid Group website, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.
7. Disclaimer of Warranties; Limitation of Liability
The Hybrid Group expressly disclaims all warranties of any kind, express or implied. The services and/or the Software are provided “AS-IS”, and Hybrid Group and/or any third-party Information provider provide the services without accepting any responsibility for accuracy and correctness. By using the services and/or the Software you agree that errors and/or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against the Hybrid eGroup. The service and the Software should be used with knowledge and skill notwithstanding any particular user’s investment objectives, financial situation or means, and Hybrid Group is not soliciting any action based upon it. Hybrid Group does not recommend any form of financial transaction; or solicit to enter into any financial transaction, financial engagement; or otherwise encourage you to follow any specific trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. You acknowledge that the services and/or the Software are beta versions at the stage of development. Consequently, the services and/or the Software are unstable and may not work error free. We do not warrant that the functions contained in the services and/ the Software will meet your requirements or that the operation of the services and/ the Software will be uninterrupted or error free. Moreover, we reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software and/or the services including and not limited to the structure, specifications, "look and feel," navigation, features and other elements of the Software and/or the services or any part thereof.
The entire risk as to the quality and performance of the services and/ the Software is with you.
THE HYBRID GROUP AND/OR ANY THIRD-PARTY SUPPLIER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND/OR THE SOFTWARE OR ANY USE THEREOF. UNDER NO CIRCUMSTANCES SHALL EITHER OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE APPLICATION AND THE USE THEREOF. YOU HEREBY SPECIFICALLY AGREE AND ACKNOWLEDGE THAT THE ABOVE WARRANTY IS EXHAUSTIVE, AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. UNDER NO CIRCUMSTANCES SHALL THE HYBRID GROUP AND/OR ANY THIRD-PARTY SUPPLIER OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS BE LIABLE FOR LOST PROFITS, LOST SALES, LOST BUSINESS, LOST OPPORTUNITY, LOST INFORMATION, LOST OR WASTED TIME OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING NEGLIGENCE) ARISING OUT OF, OR WITH RESPECT TO THE SERVICES AND/OR THE SOFTWARE AND THE USE THEREOF.
Our failure or neglect to perform or enforce any of any rights or conditions under this Agreement and the general Terms and Conditions shall not be considered as a waiver of such a right or condition. Should any provision of these Terms and Conditions be held to be void, invalid or inoperative, the remaining provisions of these Terms and Conditions shall not be affected and shall continue in effect. In addition, if any particular provision contained in this Agreement and/or the general Terms and Conditions shall, for any reason, be held to be excessively broad with regard to time, geographic scope or activity, the term shall be construed in a manner to enable it to be enforced to the extent compatible with applicable law.
You acknowledge that you have read and understood these Terms and Conditions and agree to be bound by its terms and conditions.
10. Governing Law and Forum Selection
The validity of these Terms and Conditions and the rights, obligations and relations of the parties shall be construed and determined in accordance with the laws of The Republic of Vanuatu. You acknowledge that any action or suit brought to enforce any right or remedy of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Republic of Vanuatu.