Legal Documents

Privacy Policy

Version 1.0 – January 2025

1. INTRODUCTION

Century Financial Limited (“Century”, “us,” “we,” or “our”) appreciates your interest in our services and is committed to protecting and respecting your privacy. This Privacy Policy together with Client Agreement (published on the Company’s website at https://centuryfinancial.co/mu/) and any other policy/documents referred to in it sets out how we collect, processes and use your personal data when you use our services such as our website, portals, content and features (regardless of where you visit it from) or through your engagement with us otherwise.

Please read our Privacy Policy carefully to understand what information we collect, process, and use, as well as your privacy rights.

This Policy is governed by the Data Protection Act 2017 (DPA 2017) of Mauritius, which came into effect on January 15, 2018.

2. GENERAL TERMS

We shall update this Privacy Policy from time to time. We therefore ask you to review our Privacy Policy on regular basis.

By accessing Century’s digital platforms (website, portals, apps etc.) you accept this “Privacy Policy”. If you do not agree to this Privacy Policy, do not proceed further to access services on our website or other Century platforms.

We are committed to comply with all the applicable data privacy regulations. In compliance with these regulations, we have also appointed a data protection officer (“DPO”) who is in charge of overseeing any questions about this privacy policy and data protection rules, regulations and measures.

Please contact the DPO using the information below if you have any queries regarding this privacy policy, including requests to exercise your legal rights.

Attn: Data Protection Officer
Century Financial Limited
The Cyberati Lounge, Ground Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201, Ebène, Republic of Mauritius
Email: support_mu@centuryfinancial.co

3. COLLECTION OF PERSONAL DATA

“Personal Data”, refers to any personal information that may be used and collected by the Company either alone or in combination with other information in the course of this business relationship, including through your use of the Company’s website and/or Platform.

Personal Information includes, but is not limited to, a first and last name, ID numbers, financial data (including trading data, deposits, withdrawals, and credit), email and physical addresses, other contact information, tax and financial data such as tax residency information and numbers as well a financial information which is required to establish and maintain client economic profile.

3.1. Automatic collection of personal information

The Company collects the following personal data automatically when an individual browses the Company’s website:

Technical Data: – Client Internet Protocol (IP) address: An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognise and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to conduct web site trend and performance analysis;

Operating system information: The type of operating system of the computer from which an individual accesses our website can also be recorded;

Cookies: The Company uses cookies to secure Clients’ trading activities and to enhance the performance of the Company’s website. Cookies used by the Company do not contain personal information or other sensitive information; and

Information regarding the frequency of visits to our website.

3.2. Personal data collected upon registration

When an individual registers as a client of Century Financial Limited (hereafter referred to as a “Client”), the Company collects information required to open a trading account, perform transactions and safeguard the clients’ assets and privacy. In this respect, the Company gathers information from Clients and may, in certain circumstances, gather information from banks and/or credit agencies, and/or other sources which will help the Company to construct the Clients’ profile based on their requirements and preferences in order to provide its services effectively. The information the Company collects includes information required to communicate with and identify its Clients. The Company may also collect certain demographic information, including, birth date, education, occupation, etc. The Company also assesses trading related information.

The following documents will be required when opening a trading account:

• Proof of identification: certified true copy of international passport with at least 6 (six) months validity.
• Proof of residence: certified true copy of a valid utility bill (electricity/gas/water/bank statement) that matches the full name and address as the one provided during the registration process.
• Evidence of your credit card or bank details as a proof of deposit.

In addition, the following information may also be collected from individuals who create an account with the Company:

• Personal information including name, date of birth, email, full permanent addresses, telephone number, identity document, proof of residence, country of residence, details of employment, employment status, financial background, login, and password details, the individual’s current financial circumstances; the individual’s foreign exchange preferences and tolerance to risk; and other matters that are relevant to the services we provide;
• Information required when subscribing for services such as to receive updates either via email or by posting on portions of the Company’s website only accessible to individuals with accounts; and
• Any other personal information you may provide to the Company. Additionally, throughout the use of the Company’s services by a client, the Company will gather a set of data related to the details of any and all requests and transactions made by the client through the Company’s platform.

In general, the Company collects and process the Personal Data, for any of the following reasons:

• To perform its contract with you;
• To comply with legal and regulatory requirements (e.g., anti-money laundering laws, financial services laws, commercial companies’ law, privacy laws and tax laws);
• To safeguard its legitimate interest.

The Client acknowledges that all or part of the data concerning the Client’s account and related transactions will be stored by the Company and may be used by the Company in case of dispute between the Client and the Company.

Additionally, the Company reserve the right to disclose information where required by law, regulatory, law enforcement or other government authority in order to protect the company rights and to comply with such legal proceedings.

4. LEGAL BASIS FOR PROCESSING PERSONAL DATA

Under Mauritius data protection law, there must be a lawful basis for all processing of personal data (unless an exemption or derogation applies). We rely on:

Contractual necessity: Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract to conduct regulated activities, when processing is necessary for the entry into, or performance of contract with the data subject or in order to take steps at this or her request prior to the entry into a contract.

Compliance with legal obligations: Processing is necessary for compliance with our legal obligation. Century Financial Limited is required to comply with the applicable law and regulations.

Legitimate interest: Data will only be processed where it is necessary for the purposes of the legitimate interests pursued by Century Financial Limited, and these interests or fundamental rights are not overridden by the interests, rights and freedoms of the data subject and that the processing would not cause unwarranted harm. For instance, it is a legitimate interest of Century Financial Limited to process personal data on data subjects in order to expand the business, develop new business relations prevention of fraud, maintaining the security of our systems if/when necessary, enhancing, modifying or improving our services. The data subject must be given information on the specific legitimate interest if a processing is based on this provision.

5. USE OF PERSONAL DATA COLLECTED

The Company uses Clients’ personal information only as required to provide quality service and security to its Clients. This information helps the Company to improve its services, customize browsing experience and enables it to inform its Clients of additional products, services or promotions relevant to Clients and in this respect the Clients are required to provide their consent in regard to the usage of this data for such purposes.

Specifically, the personal data may be used for the following purposes:

• to enter into a contractual relationship with Clients;
• to ensure compliance with our Terms & Conditions and our relevant policies;
• to comply with anti-money laundering laws regulations. Specifically, The Company’s internal money laundering compliance officer may have access to Clients Personal Data under his continuous obligation to monitor and investigate all suspicions transactions;
• to assess the appropriateness of a certain financial instrument, request or transaction. For these purposes, the Company may consider the following matters: the Client’s level and field of education, employment, professional experience and investment background;
• to categorize clients as either a retail client, professional client and/or other eligible counterparty
• for marketing purposes;
• for statistical purposes; and
• to improve the quality of our services and develop new ones;

In regard to points above, for any reason should the client not consent to receive information of this nature, the client can inform us accordingly by contacting the Company on the contact details provided by the Company on its Terms and Conditions or at the following address support_mu@centuryfinancial.co.

5.1. Who we share your personal information with?

We will not rent or sell your information to third parties outside of Century Financial Limited without your consent. We also impose strict restrictions on how our processors can use and disclose the data we provide.

Here are the types of third parties we share information with:

Service providers and other partners: We transfer information to service providers (processors), and other partners who globally support our business, such as providing technical infrastructure services, trading platforms analysing how our Services are used such as measuring the effectiveness of ads and services, providing client service and support, client on- boarding, client identify verification, including PEPs and sanctions, conducting marketing communications and design, services related to our website management, services related to software and business development services.

Measurement and Analytics Services: Partners who use our analytics services like Google Analytics (Non-Personally Identifiable Information Only). We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners.

Century Financial Limited does extensive due diligence before choosing processors assuring that they provide sufficient safeguards, in particular in terms of expert knowledge, data governance, data security, cyber resilience, reliability and resources to implement technical and organisational measures in such a manner that processing will meet the requirements of data security regulatory requirements and ensure the protection of the rights of the data subject.

The adherence of the processor to an SLA Contract is used as an element to demonstrate compliance with the obligations of the controller. This data sharing with our processor enables us to proceed with our regulated activities and duties to KYC in order to meet our regulatory obligations relating to assess the appropriateness of our products and services, provide support to clients, etc.

5.2. What happens in the event of a change of control?

If we sell or otherwise transfer part or the whole of Century Financial Limited or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honour the commitments we have made in this Privacy Policy.

6. CONSENT

The Company is committed to protecting your Personal Data. All Personal Data that we collect through the Company’s website and/or by other means, is processed in accordance with the applicable regulations. By entering and/or using the Company’s website and/or platform, the Client hereby consents to Company’s Access and Use of the Website, and this Privacy Policy.

By entering and/or using the Company’s website and/or by accepting this Privacy Policy and/or the Company’s Term and Conditions (“Client Agreement”) and other policies and/or entering into an Agreement with the Company, the Client expressly agrees and consents the following:

• Unless the Client has expressly instructed otherwise, the Company will have the right to use such Personal Data, excluding the client’s sensitive Personal Data to remotely promote its services provided by the Company and/or other Affiliated Companies.
• The Client has the right to update or refuse any further processing of the Cline Personal Data, subject to the General Data Protection Regulation, however, the Client understands that the Company will not be in the position to provide the Client with its services and/or the Company may retain the Client’s Personal Data subject to Applicable Regulations.
• The Company may contact the Client for marketing and promotion communication, uncles the Client exercises the right to opt out.
• The aforementioned reasons will apply to both, current Clients of the Company as well as to prospective, irrespective of whether their account has been approved or not.

7. DISCLOSURE OF INFORMATION

Under the Company’s Terms and Conditions, other policies and Agreement between the Client and the Company, the Company has the obligation to disclosure Client’s information in certain cases, including:

• Where requested the Company’s regulator, the Cyprus Securities and Exchange Commission or any other regulatory authority.
• Where required by law or a court.
• Where required in order for the Company to defend or exercise its legal rights to any court or Ombudsman or governmental authority.
• Company’s affiliates: The Company may share information with affiliates in the event such information is reasonably required by such affiliate in order to provide the products or services to its Clients. These may include affiliates to which the Company’s delegates the following functions and activities: Internal auditors, External auditors, Legal support and Finance and accounting.
• The dissemination of personal information as described above shall be based on need- to-know principle. The Company may share information with partners, affiliates and associates in order to offer additional similar products and services that meet Clients’ needs and which are delivered in a manner that is useful and relevant only where Clients have authorized the Company to do so. In such cases, the relevant professionals are informed about the confidential nature of such information and commit to the confidentiality obligations. The Company does not sell, license, lease or otherwise disclose Clients’ personal information to third parties, except as described in this Privacy Policy.
• To Company’s non-affiliated third parties: The Company may share personal data to non-affiliated third parties in a non-identifiable form, i.e. the individual to whom the data belongs cannot be identified and/or the data has been anonymised.
• For marketing purposes: The Company may share website usage statistics with reputable advertising companies and with its affiliated marketing companies. It is noted that the information collected by such advertising companies is not personally identifiable.
• To administer and improve the Company’s website, the Company may use third parties to track and analyse usage and statistical volume information. The third party may use cookies to track behaviour and may set cookies on behalf of the Company. These cookies do not contain any personally identifiable information.
• The Company reserves the right to disclose personal information to third parties where required by law, regulatory and other government authority. The Company may also disclose information as necessary to credit reporting or collection agencies as reasonably required in order to provide the services to its Clients.
• In addition, the Company may engage third parties to help carry out certain internal functions such as account processing, fulfilment, Client service, Client satisfaction surveys or other data collection activities relevant to its business. Use of the shared information is strictly limited to the performance of the above and is not permitted for any other purpose.

All third parties with which the Company shares personal information are required to protect such personal information in accordance with all relevant legislation and in a manner similar to the way the Company protects the same. The Company will not share personal information with third parties which it considers will not provide its Clients the required level of protection. In cases, where Clients have been introduced by a Business Introducer, such Business Introducer may have access to Clients’ information. Hence, Clients hereby consent to the sharing of information with such Business Introducer.

8. DATA RETENTION

We can only keep the data we collect from you for so long as it is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

Accordingly, your Personal Data will be retained in accordance with the appropriate retention period for each category of data. Those periods are based on the requirements of applicable data protection laws and the purpose for which the information is collected and used, taking into account legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and the Company’s business purposes. Any personal information stored by the Company may be extracted upon request.

Subject to Applicable Regulation, the Company will keep your data including personal data, trading information, communications, call recordings and anything else which relates to the Client for a minimum period of 5 (five) years from the date of termination of the business relationship with Client. The data storage period may be extended upon the request of the competent authority.

During the data retention period the Company shall continuously review the collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to the Company’s systems.

Certain information may be retained for extended period of time for specific business or legal requirements including for security, fraud and abuse prevention, financial record-keeping and compliance.

9. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Regardless of the above, your personal data belongs to you. Accordingly, please note that you are always entitled to request details of the information the Company holds about you and how it is processed. We will respond to requests for personal data and, where applicable, will correct, amend or delete your personal data. Under certain circumstances, you have rights in accordance with the provisions of the Data Protection Act 2017 and the applicable local legislation as amended from time to time. We advise you to contact the Company with regards to your request/rights. Some of the rights can be considered complex and include exemptions.

• Fair processing of information and transparency over how we use your use personal information;
• The right to access personal data: via a Subject Access Request. Your request should be made in writing to support_mu@centuryfinancial.co. We may ask you for proof of identity before providing you with the data.
• The right to request that your personal data is corrected if it is found to be inaccurate: require us to correct any mistakes in your information which we hold.
• The right to request that your personal data is erased where it is no longer necessary. In some circumstances this right may not apply e.g. if there is some other compelling reason for us to keep or process your data (and we will inform you in response to your request if that is the case).
• Right to data portability: to receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party (another controller) in certain situations.
• The right to withdraw consent to processing at any time, where relevant i.e. where we are relying on your consent to process the data and not another legal reason for processing.
• The right to object at any time to processing of personal information concerning you for direct marketing.
• The right not to be subject to a decision which is based solely on automated processing, including profiling which produces legal effects concerning them or significantly affects them.
• The right to object in certain other situations to our continued processing of your personal information.
• Otherwise restrict our processing of your personal information in certain circumstance.
• You also have the right to lodge a complaint in relation to the Company’s processing of your Personal Data with a local supervisory authority. Our aim is to use your Personal Data only as directed and to keep our information about you as accurate as possible. We strive to ensure that your Personal Data we hold is accurate and up to date.

If you have any enquiries about the Company’s use of the Client Personal Data, please contact us at support_mu@centuryfinancial.co. If you are unsatisfied with the Company’s response, you have the right to maintain a complaint with the Data Protection Office in Mauritius, under section 6 of the Data Protection Act.

10. CLIENT OBLIGATIONS

The Company is required to obtain and maintain Clients Personal Data under Applicable Regulations. As such, clients are always obligated to provide the Company with accurate and complete information and to update the Company immediately regarding any changes to such information. If the Client fails to provide the Company with accurate and complete information and Personal Data, the Company may stop providing any services to the Client.

11. BREACH OF SECURITY

The Company’s information technology department is responsible for ensuring the security of platform and Clients information. The department proceeds with the daily check of the event logs, the status of all hardware and software to detect any issues and to take corrective action and ensures the uninterrupted operation of the Company’s platforms and the minimization of any risk associated with loss of data. For these purposes, the following steps are taken:

• Frequent backups of system data are performed.
• Sufficient redundancy is built in hardware to ensure that the risk of interruption from component failure is minimized.
• Internet connectivity redundancy is arranged.
• All online real time trading systems are backed up in real time to servers
• All computers to be password protected.
• Access to software and different software modules are restricted to specific users.
• Monitoring that the company’s anti-virus systems are up to date.
• Implementation of strict Chinese walls policy to ensure there are effective physical and logical barriers in place to prevent the passing of personal information.

All employees of the Company shall be advised to treat personal information with due care and are obliged to safeguard it and use it only for the purposes listed in this Privacy Policy.

Unfortunately, no data transmission can be entirely secured and guaranteed. The Company makes every effort to safeguard your Personal Data and privacy. Notwithstanding any measures we take to protect your Personal Data, we cannot guarantee that: (i) such security measures will prevent our computers from being accessed illegally, and (ii) the Personal Data on them being stolen, misused or altered.

In accordance with the Data Protection Act of 2017, the Company has setup an internal data breach procedure to be followed in the event that any Personal Data is destroyed, lost, altered or if there is unauthorised disclosure of (or access to) Personal Data as a result of a breach of security. Data breaches or leaks which may pose a risk to individuals will be notified to the Office of the Data Protection Commissioner within seventy-two (72) hours. A breach which is likely to result in a high risk to the rights and freedoms of individuals will also trigger an obligation to notify the holders of the Personal Data directly.

12. INTERNATIONAL TRANSFERS OF PERSONAL DATA

Your personal data may be sent, stored and/or used in another country which might not offer the same level of protection. When you give us your personal data, you agree to us doing this. We will take all steps reasonably necessary to ensure that your personal data is kept secure and protected in accordance with our legal obligations and standards. If this is not possible, for example because we are required by law to disclose data, we will ensure that the sharing of the data is lawful.

Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data.

13. RESTRICTION OF RESPONSIBILITY

The Company is not responsible for the privacy policies or the content of sites to which our website (https://centuryfinancial.co/mu/) links and has no control of the use or protection of information provided by the clients or collected by those sites. Whenever a client elects to link to a co-branded web site or to a linked web site, the client may be asked to provide registration or other personal information. Please note that such information is recorded by a third party and will be governed by the privacy policy of that third party.

14. DATA RETENTION

Subject to the Applicable Regulations, the Company will only retain your personal data for as long as it reasonably requires it for legal or business purposes which relates to the Clients Personal Data, trading information, communications and anything else which relates to the Client for five (5) years after the termination of the Agreement. The data storage period may be extended upon the request of the competent authority.

14. PRIVACY POLICY UPDATES

The Company may update this Privacy Policy from time to time. In the event that the Company materially changes this Policy including how it collects, processes or uses Clients’ personal information, the revised Privacy Policy will be uploaded on the Company’s website.

In this respect, the Clients hereby agree to accept posting of a revised Privacy Policy electronically on the website as the actual notice of the Company to its Clients. Any dispute over the Company’s Privacy Policy is subject to this notice and the Client Agreement.

The Company encourages its Clients to periodically review this Privacy Policy so that they are always aware of what information the Company collects, how it uses it and to whom it may disclose it, in accordance with the provisions of this Policy.

If you object to the processing of your Personal Data, or if you have provided your consent to processing and you later choose to withdraw it, the Company will respect that choice.

In case you want to exercise your right to review a copy of, amend or erase the Personal Data The Company holds about you or would like the Company to stop using your Personal Data in the manner in which you approved or if you have any questions about the Company’s use of your Personal Data, please contact the Company as set out below. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your Personal Data to the extent required or otherwise permitted by law, in particular to comply with any legal, audit, internal and record-keeping requirements.

15. FURTHER INFORMATION/QUERIES

The Company is committed to protecting your personal data. If you wish to contact us with regards to our Privacy Policy or your data, you can email us at support_mu@centuryfinancial.co alternatively you could also write to us at: The Cyberati Lounge, Ground Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201, Ebène, Republic of Mauritius.

Cookie Policy

Version 1.0 – January 2025

Introduction

Century Financial Limited (“Century,” “us,” “we,” or “our”) uses cookies to help you personalize your online experience. Our Cookie Policy explains what cookies are, how we use them, how third-party partners we may work with may use cookies on https://centuryfinancial.co/mu/, your cookie choices, and more information about cookies. We value your privacy and are dedicated to providing you with the tools and information you require to control your cookies.

You consent to the usage of cookies by accessing https://centuryfinancial.co/mu/.

We reserve the right to make changes to this Cookie Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Cookie Policy. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.

What are Cookies?

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Century Financial Limited pages or register with Century Financial Limited website or services, a cookie helps us recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as email address and so on. When you return to the same Century Financial Limited website, the information you previously provided can be retrieved, so you can easily use the Century Financial Limited website features that you customized.

You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Century Financial Limited services or websites you visit.

Types of Cookies

The most common Cookie types that we use are described below:

1. Necessary Cookies:

We use essential cookies to operate the core functions of our website, so that you may visit and move around it, and use its features. We do not require your consent to use these cookies, but you may be able to block these cookies yourself on your device/browser. However, without these cookies, our site is unlikely to work as you would expect and certain services that you may ask for, for example, signing into your online account, cannot be provided.

Where we process ‘personal data’ using these essential cookies, we do so on the basis of our legitimate interests to provide a website for visitors to use and to promote our business.

2. Preference Cookies:

These cookies allow us and our partners, to personalize and offer the content and features as they remember your preferences. Language preferences, geographic location, and user preferences are just a few examples (e.g. text size, fonts, other customizable parts of web pages). As a result, we can provide you with expanded and tailored services thanks to our functionality cookies.

Some of our preference cookies remember your username, such as the “keep me logged in” option that stores your email and password and keeps you logged into your account until you log out. As a result, we seek your permission for certain cookies in compliance with regulatory guidance.

3. Analytical Cookies:

These cookies allow us and our partners, to understand how users arrive on our website/platform to measure the number of visitors to our website/platform, but also to analyze the way in which visitors browse our website/platform or reconstitute their journey. This helps us improve the way our Sites and / or Applications work by ensuring, for example, that users easily find what These cookies may be exempt from permission from users when they are strictly necessary for the functioning of the website/platform as the information collected is in most cases anonymous, but some analytics services collect information that can be used to identify the user. As a result, in accordance with regulatory guidance, we need your permission to use these cookies.

4. Marketing Cookies:

Marketing cookies allow us to deliver information to visitors on third-party websites and track the success of our marketing campaigns. In terms of our use of marketing cookies, we follow industry best practices. The use of these cookies also requires user permission as per the regulatory guidance.

5. Third-party cookies:

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of our website/platform to deliver advertisements and other social media and marketing products and services.

6. How can you manage cookies?

When you visit our website, you have the option of accepting or declining cookies. Although most web browsers allow cookies by default, you can typically change your browser settings to reject cookies if you prefer. Visit https://www.aboutcookies.org/ to learn more about how to block, delete, and manage cookies. Please be aware that if you refuse to accept cookies, you may not be able to use the website to its full potential.

Please review our Privacy Policy for more details on how we handle your data. Please contact us at support_mu@centuryfinancial.co if you have any queries or issues.

Risk Disclosure Statement

Version 1.0 – January 2025

1.SCOPE AND STATEMENT

Century Financial Limited (hereafter to as the “Company”, “us”, “we”, “our”) provides you (referred to as the “Client”, “your”), with this Risk Disclosure Statement which is written in accordance to applicable regulatory requirements and is intended to inform you of the general risks that exist in trading activities on our website and of dealing in the Financial Instruments offered by the Company. You must recognize that these risks entail a chance of losing money while trading. This disclosure is informational and must not be considered a list of all possible risks.

This document does NOT disclose all the associated risks or other important aspects of CFDs, and it should NOT be considered as investment advice or recommendation for the provision of any service or investment in any financial instrument.

The Client should NOT carry out any transaction in CFDs or in any other financial instruments unless he is fully aware of their nature, the risks involved and the extent of his exposure in these risks. In case of uncertainty as to the meaning of any of the warnings described below, the Client must seek an independent legal or financial advice before taking any investment decision.

The Client should also be aware that:

• The value of any investment in financial instruments may fluctuate downwards or upwards, and the investment may diminish to the extent of becoming worthless;
• Previous returns do not constitute an indication of a possible future return;
• Trading in Financial Instruments may entail tax and/or any other duty; and
• Changes in the exchange rates, may negatively affect the value, price and/or performance of the Financial Instruments traded in a currency other than the Client’s base currency.

You are strongly advised to carefully read the Risk Disclosure Statement in conjunction with the Client Agreement and other legal documents available through our Website before applying to the Company for a trading account and before you begin trading with us.

The statement does not purport to disclose or discuss all of the risks and other significant aspects of all transactions entered into with or through the Company, so the Company requires you to undertake and warrant that you will consult with your own legal, tax and financial advisers prior to entering into any particular transaction with or through the Company.

2. RISK ASSOCIATED WITH TRADING IN FINANCIAL INSTRUMENTS

2.1. Trading is very speculative and risky. Trading CFDs is highly speculative and is suitable only for those Clients who:

1. understand and are willing to assume the economic, legal and other risks involved, and
2. are financially able to assume the risk of losses up to their invested capital. CFDs are not appropriate investments for retirement funds.

2.2. Possess the appropriate level of experience and/or knowledge in the specific Financial Instruments offered by the Company. The Company will apply an Appropriateness Test on the information provided by you, during the process of verifying your account. If, based on this information, the Company finds that you do not possess the appropriate level of experience and/or knowledge, you will be informed as such and must understand and accept all associated risks if you decide to continue in the opening of your trading account. It is important for you to ensure that any decision to engage in trading CFDs and other products offered by the Company, is made on an informed basis, and that you understand the nature of the CFDs/products offered and the extent of the risks associated with CFDs and other products.

2.3. Prior to accepting Company’s Terms and Conditions, or making an order, the Client should consider carefully whether investing in a specific Financial Instrument is suitable for him/her in the light of his/her circumstances and financial resources.

2.4. The Client represents, warrants and agrees that he understands these risks, is willing and able, financially and otherwise, to assume the risks of trading in forex and CFD and that the loss of Customer’s entire Account balance will not change Client’s lifestyle.

2.5. Conflicts of Interests. The Company is the counterparty to all transactions entered into under the Client Agreement and, as such, the Company’s interests may be in conflict with the Client’s. The Conflicts of Interest Policy is available at the Company’s website.

2.6. Prices, Margin and Valuations are set by the Company and may be different from prices reported elsewhere. The Company will provide prices to be used in trading, valuation of the Client’s positions and determination of margin requirements in accordance with its Trading Policies and Procedures and Market Information Sheets. The performance of the Client CFDs will depend on the prices set by the Company and market fluctuations in the underlying asset to which the Client contract relates. the Company’s prices for a given market are calculated by reference to the price of the relevant underlying asset which the Company obtain from third party external reference sources or exchanges. Although the Company expects that these prices will be reasonably related to prices available in the market, the Company’s prices may vary from prices available to banks and other market participants. The Company has considerable discretion in setting and collecting margin. The Company is authorized to convert funds in the Client’s account for margin into and from such foreign currency at a rate of exchange determined by the Company in its sole discretion based on then- prevailing money market rates.

2.7. Rights to Underlying Assets. The Client has no rights or obligations in respect of the underlying instruments or assets relating to the Client’s CFDs.

2.8. Margin Requirements. The Client must maintain the minimum margin requirement on his/her open positions at all times. It is Client’s responsibility to monitor his/her account balance. The Company has the right to liquidate any or all open positions whenever the minimum margin requirement is not maintained, and this may result in the Client’s CFDs being closed at a loss for which the Client will be liable.

2.9. Extent of Losses. Where the Client short a market and the price rises, it is possible that the extent of the Client losses may not become clear until the position has been closed. The Client must undertake sufficient analysis prior to entering into a transaction to ensure the Client is able to support the extent of the risk arising.

2.10. Currency Risk. Where the CFD is settled in a currency other than the Client’s base currency, the value of the Client return may be affected by its conversion into the base currency.

2.11. CFDs are derivative financial instruments deriving their value from the prices of the underlying assets/markets in which they refer to (for example currency, equity indices, stocks, metals, indices futures, forwards, etc.). It is important therefore that the Client understands the risks associated with trading in the relevant underlying asset/market because fluctuations in the price of the underlying asset/market will affect the profitability of his trade.

2.12. CFDs are leveraged financial products and therefore as such, trading CFDs involves a high risk of loss as price movements are influenced by the amount of leverage the client is using.

2.13. One Click Trading and Immediate Execution. The Company’s Online Trading System provides immediate transmission of the Client’s order once he/she enters the notional amount and clicks “Buy/Sell.” This means that there is no opportunity to review the Order after clicking “Buy/Sell” and Market Orders cannot be cancelled or amended. This feature may be different from other trading systems the Client has used. The Client should utilize the Demo Trading System to become familiar with the Online Trading System before actually trading online. By using the Company’s Trading System, the Client acknowledges and agrees to the one-click system and accepts the risk of this immediate transmission/execution feature.

2.14. The Company is not an adviser or a fiduciary to customer. Where the Company provides generic market recommendations, such generic recommendations do not constitute a personal recommendation or investment advice and do not consider any of the Client’s personal circumstances or investment objectives, nor is it an offer to buy or sell, or the solicitation of an offer to buy or sell, any Foreign Exchange Contracts or Cross Currency Contracts. Each decision taken by the Client to enter into a CFD Contract with the Company and each decision as to whether a transaction is appropriate or proper for the Client is an independent decision made by the Client. The Company is not acting as an advisor or serving as a fiduciary to the Client. The Client agrees that the Company has no fiduciary duty to the Client and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with the Client following the Company’s generic trading recommendations or taking or not taking any action based upon any generic recommendation or information provided by the Company.

2.15. Recommendations are not guaranteed. The generic market recommendations provided by the Company are based solely on the judgment of its personnel and should be considered as such. The Client acknowledges that it enters into any transactions relying on his/her own judgment. Any market recommendations provided are generic only and may or may not be consistent with the market positions or intentions of the Company and/or its affiliates. The generic market recommendations of the Company are based upon information believed to be reliable, but the Company cannot and does not guarantee the accuracy or completeness thereof or represent that following such generic recommendations will reduce or eliminate the risk inherent in trading CFDs.

2.16. The Client may not be able to close open positions. Due to the market conditions which may cause any unusual and sharp market price fluctuations, or other circumstances the Company may be unable to close out the Client’s position at the price specified by the Client and the Client agrees that the Company will bear no liability for a failure to do so.

2.17. Internet Trading. When the Client trades online (via the internet), the Company shall not be liable for any claims, losses, damages, costs or expenses, caused, directly or indirectly, by any malfunction or failure of any transmission, communication system, computer facility or trading software, whether belonging to the Company, the Client, any exchange or any settlement or clearing system.

2.18. Risks Associated with The Trading Platform. The Company is not responsible for disruption, failure or malfunction of telephone facilities and does not guarantee its telephone availability. For the avoidance of doubt, the Client is aware that the Company may not be reachable by telephone at all times and thus the Client can place his orders through online access to the Company’s Trading Platform.

2.19. Quoting Errors: Should a quoting error occur (including responses to the Client’s requests), the Company is not liable for any resulting errors in account balances and reserves the right to make necessary corrections or adjustments to the relevant account. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value, as determined by the Company in its sole discretion and acting in good faith, of the relevant market at the time such an error occurred. In cases where the prevailing market represents prices different from the prices the Company has posted on our screen, it will attempt, on a best-efforts basis, to execute transactions on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the Client’s statements. This may or may not adversely affect the Client’s realized and unrealized gains and losses.

2.20. No guarantees of profit. There are no guarantees of profit nor of avoiding losses when trading CFDs. The Client has received no such guarantees from the Company or from any of its representatives. The Client is aware of the risks inherent in trading CFDs is financially able to bear such risks and withstand any losses incurred.

2.21. Communication Risks. The Client acknowledges that the unencrypted information transmitted by e-mail is not protected from any unauthorized access. The Company shall not be responsible for financial losses arising from delayed or failed receipt of Company’s message. the Client remains fully responsible for the security of the credentials for his/her Personal Area and trading accounts as well as the confidential information that Company sends to the Client. The Company is not responsible for financial losses arising from client’s disclosure of this information to third parties.

2.22. OTC Counterparty Risk. When trading, such transactions will not be executed on a recognized or designated investment exchange and are known as OTC transactions. All positions entered into with the Company must be closed with the Company and cannot be closed with any other entity. OTC transactions may involve greater risk than investing in on-exchange contracts because there is no exchange market on which to close out an open position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an OTC transaction or to assess the exposure to risk. Bid Prices and Ask Prices need not be quoted by the Company, based on best execution policies applicable in the market. There is no central clearing and no guarantee by any other party of the Company’s payment obligations to the Client. The Client must look only to the Company for performance of all contracts in Client’s account and for return of any Margin or collateral.

2.23. Trading CFDs carries a high degree of risk. The gearing or leverage often obtainable in such trading means that a relatively small market movement can lead to a proportionately much larger movement in the value of Client liability. Client should be aware of the implications of this, in particular, the Margin requirements.

2.24. The Company’s insolvency or default or the insolvency or default of any parties involved in Transactions undertaken by the Company on the Client’s behalf (including without limitation brokers, execution venues, and liquidity providers), may lead to positions being liquidated or closed out without the Client’s consent and as a result the Client may suffer losses. In the unlikely event of the Company’s, segregated client funds cannot be used for reimbursement to the Company’s creditors.

2.25. Force Majeure Events. In case of a Force Majeure Event the Company may not be in a position to arrange for the execution of Client Orders or fulfill its obligations under the agreement with the Client. As a result, the Client may suffer financial loss. The Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under this Agreement where such failure, interruption or delay is due to a Force Majeure event.

2.26. Abnormal Market Risks. The Client acknowledges that under Abnormal Market Conditions, the period during which the Orders are executed may be extended, or it may be impossible for Orders to be executed at the declared prices or to be executed at all. Abnormal Market Conditions include but are not limited to times of rapid price fluctuations, rises or falls in one trading session to such an extent that, under the rules of the relevant exchange, trading is suspended or restricted, or there is lack of liquidity, or this may occur at the opening of trading sessions.

2.27. Risks Associated with The Laws of Certain Government. A change in laws and regulations may materially impact a Financial Instrument and investments in a sector or market. A change in laws or regulations made by a government or regulatory body or a decision reached by a judicial body can increase business operational costs, lessen investment attractiveness, change the competitive landscape and as such alter the profit possibilities of an investment. This risk is unpredictable and may vary from market to market.

2.28. Leverage risk. Leverage is a distinct feature of CFDs. The effect of leverage makes investing in CFDs riskier than investing directly in the underlying asset. This is a result of the margining system applicable to CFDs, which generally involves a small deposit relative to the size of the transaction, so that a relatively small price movement in the underlying asset can have a disproportional impact on a client’s trade. A small price movement in the Client’s favour can provide a high return on the deposit, however, a small price movement against the Client may quickly result in significant losses.

2.29. Gapping Risk. Financial markets may fluctuate rapidly, and the prices of CFDs will reflect this. Gapping is a risk that arises as a result of market volatility. Gapping occurs when the prices of CFDs suddenly shift from one level to another, without passing through the level in between. There may not always be an opportunity for the Client to place an order between the two price levels.

2.30. Stop Loss Orders cannot always protect you from losses. The Company offers you the opportunity to choose Stop Loss Orders to limit the potential losses you can incur from an open position. This option automatically closes your position when it reaches a certain price limit. There are some circumstances in which a ‘stop loss’ limit is ineffective, e.g., where there are rapid price movements or market closure.

2.31. No rights to the underlying assets. You have no rights or obligations in respect of the underlying instruments or assets relating to your CFD. The client should understand that CFDs can have different underlying assets, including, equity, indices and commodities. Specifically, in case of an equity CFD you will not receive any voting rights.

Client Agreement

Version 1.0 – January 2025

1. Introduction

1.1. This Client Agreement is entered by and between Century Financial Limited (the “Company”, or “Us”, or “Century Financial”, or “Our” as appropriate) and the Client (the “Customer”, or “You”, or “Your” as appropriate)

1.2. The Company is authorised and regulated by the FSC (https://www.fscmauritius.org/en/supervision/register-of-licensees) as an investment dealer (full service excluding underwriting) to offer the Services. It is registered in Mauritius under the Companies Act 2001, with registration number 216221 GBC, license number GB24203860 and having its registered office is situated at The Cyberati Lounge, C/o Credentia International Management Ltd, Ground Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201 EBENE, Mauritius.

Type of the Company’s license: SEC-2.1B Investment Dealer (Full-Service Dealer excluding underwriting) and FS-4.1 Category 1 Global Business Licence.

1.3. This Agreement sets out the terms upon which the Company will deal with the Client in respect of CFDs in certain Underlying Assets. The Agreement shall govern CFDs trading activity. In addition, it sets out the matters, which the Company is required to disclose to the Client under the Applicable Regulations.

1.4. The Company will offer its services via the domain name https://centuryfinancial.co/mu/ (the “website”). The Company may also register and operate other websites mainly for promotional and marketing purposes in languages other than English.

1.5. This Agreement together with any Schedule(s) and the following documents “Privacy Policy”, “Complaint handling Policy”, “Risk Disclosure Statement”, “Conflict of Interests Policy” among the rest of the legal documentation as stated on the Company’s official website https://centuryfinancial.co/mu/ and as amended from time to time, set out the terms and conditions upon which the Company will provide its services to the Client and shall govern the relationship between each Client and the Company (hereinafter collectively referred as “Parties” and individually referred as “Party”) (hereinafter the “Agreement” and/or “Client Agreement”).

1.6. The Client acknowledges that he/she has read, understood and accepted all of the terms and conditions contained in the Agreement without modifications as well as read, understood and accepted all of the legal documentation of the Company as uploaded on the Company’s official website and as amended from time to time and which form the Agreement as a whole, as well as any other notices and/or letters sent to the Client by the Company (by e-mail, post or simply notified/posted on the Company’s official website). By continuing to access and/or use the website, you agree to follow the terms and conditions of this Agreement.

2. Interpretation of Terms

2.1. In this Agreement:

“Access Codes” shall mean the Client’s login and password provided to them by the Company in order to have access to the Online Trading System or the website.

“Access Data” shall mean the Client’s Access Codes, Phone Password, any other password provided, Client Account number and any information required to make Orders with the Company.

“Affiliate” shall mean in relation to the Company, any entity that directly or indirectly controls or is controlled by the Company, or any entity directly or indirectly under common control with the Company; and “control” means the power to direct or the presence of ground to manage the affairs of the Company or entity.

“Agreement” shall mean this Client Agreement together with any appendices, notices and policies which are provided to the Client by the Company or notified to the Client as appearing on the Website or Online Trading System (which documents are hereby incorporated by reference to this Client Agreement), and as periodically amended by the Company.

“Applicable Rate” shall mean:

1. Federal Funds Rate, if the Currency of the Client Account is US dollars;
2. Bank of England Official Bank Rate, if the Currency of the Client Account is Great Britain pounds;
3. Key European Central Bank (repo) Interest Rate, if the Currency of the Client Account is euros;
4. Swiss National Bank Key Interest Rate, if the Currency of the Client Account is Swiss francs; or
5. Bank of Japan’s Target Rate, if the Currency of the Client Account is Japanese Yen.

“Applicable Regulations” shall mean (a) FSC Rules or any other rules, directives, regulations, guidelines or guidance notes of any other relevant regulatory authority which may exercise powers over the Company; (b) the rules of any relevant market; and (c) all other applicable laws, rules and regulations of Mauritius.

“Application Form” shall mean the application form/questionnaire completed by the Client (online and/ or in hard copy and/or via email and/or in any other way) in order to apply for the Company’s Services (via which the Company will obtain amongst other things information for the Client’s identification and due diligence.

“Ask” shall mean the higher price in a Quote at which price the Client may buy.

“Balance” shall mean the total financial result on the Client Account after the last Completed Transaction and depositing/withdrawal operation at any period of time.

“Base Currency” shall mean the first currency in the Currency Pair against which the Client buys or sells the Quote Currency.

“Bid” shall mean the lower price in a Quote at which the Client may sell.

“Business Day” shall mean any day, other than a Saturday, a Sunday, a public holiday or an international holiday to be announced on the Website or otherwise communicated by other electronic means to the Client.

“Client” shall mean the natural person or the legal entity (as applicable) who/which has completed the Application Form and has been successfully onboarded by the Company as a customer under this Agreement.

“Client Account” shall mean the unique personalised registration system consisting of all Completed Transactions, Open Positions, Orders and deposit/withdrawal transactions in the Online Trading System.

“Client Terminal” shall mean the meta trader program version 4 (‘MT4’), or later version, in addition to any platform trading facilities including (but not limited to) web and mobile traders, which may be used by the Client in order to obtain information on financial markets in real-time, to make technical analysis of the markets, make Transactions, place/modify/delete Orders, as well as to receive notices from the Company and keep record of transactions.

“Completed Transaction” shall mean two counter deals of the same size (opening a position and closing a position): buy then sell and vice versa.

“Contract for Difference” or “CFD” shall mean a contract, which is a contract for difference by reference to variations in the price of an Underlying Asset.

“Contract Specifications” shall mean the principal trading terms in CFDs (Spread, Swaps, Lot Size, Initial Margin, Hedged Margin etc.) for each type of CFD as determined by the Company from time to time.

“Corporate Event” shall mean any step taken by an issuer of shares with reference to holders of its shares and includes capital reorganization, capitalization or similar issue, change in listing, consolidation, conversion, delisting, de-merger, alteration in ranking, redemption, rights issue, scheme of arrangement, takeover change, cancellation in listing, a subdivision, reclassification, a share buy-back, a free distribution to existing shareholders by way of a bonus; a distribution to existing holders of the underlying shares of additional shares, other share capital or securities granting the right to payment of dividends and/or proceeds of liquidation of the issuer equally proportionately with such payments to holders of the underlying shares, or securities, rights or warrants granting the right to a distribution of shares or to purchase, subscribe or receive shares, in any case for payment (in cash or otherwise) at less than the prevailing market price per share as determined by the Company; any other event in respect of the shares similar to any of the previous events or otherwise having a diluting or concentrating effect on the market value of the shares; or any event similar to any of the previous events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares.

“Currency of the Client Account” shall mean the currency that the Client chooses when opening the Client Account or converted into at the Client’s choice after the opening the Client Account.

“Currency Pair” shall mean the object of a Transaction based on the change in the value of one currency against the other. A Currency Pair consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the Quote currency is needed to purchase one unit of the Base Currency.

“Equity” shall mean: Balance + Floating Profit – Floating Loss.

“Error Quote” or “Spike” shall mean an erroroneous Quote having the following characteristics:

1. A significant Price Gap; and
2. In a short period of time the price rebounds with a Price Gap; and
3. Before it appears, there have been no rapid price movements; and
4. >Before and immediately after it appears, no important macroeconomic indicators and/or corporate reports are released.
5. “Event of Default” shall have the meaning given in clause 34.

“Ex-Dividend Date” shall mean in relation to a security, the first date on which the price quoted on the relevant Market is indicated to be an ex-dividend price.

“Expert Advisor” or “EA” shall mean a mechanical online trading system designed to automate trading activities on an electronic trading platform. It can be programmed to alert the Client of a trading opportunity and can also trade his account automatically managing all aspects of trading operations from sending Orders directly to the Company’s Online Trading System to automatically adjusting Stop Loss, Trailing Stops and Take Profit levels.

“Financial Instrument” or “Instrument” shall mean CFD.

“FSC” shall mean the Financial Services Commission of Mauritius, which is the Company’s supervisory authority.

“FSC Rules” shall mean the Rules, Directives, Regulations, Guidance notes or other guidelines made or issued by the Mauritius Financial Services Commission in Mauritius.

“Floating Profit/Loss” shall mean current profit/loss on Open Positions calculated at the current Quotes (added any commissions or fees if applicable).

“Force Majeure Event” shall have the meaning as set out in clause 32.

“Free Margin” shall mean the amount of funds available on the Client Account, which may be used to open a position. Free Margin is calculated as Equity less (minus) Necessary Margin.

“Hedged Margin” shall mean the Necessary Margin required by the Company so as to open and maintain Matched Positions. The details for each CFD are found in the Contract Specifications.

“Indicative Quote” shall mean a Quote at which the Company has the right not to accept any Instructions or execute any Orders.

“Initial Margin” shall mean the Necessary Margin required by the Company so as to open a position. The details for each CFD are found in the Contract Specifications.

“Instruction” shall mean an instruction from the Client to the Company to open/close a position or to place/modify/delete an Order.

“Leverage” shall mean a ratio in respect of Transaction Size and Initial Margin. For example, 1:100 ratio means that in order to open a position, the Initial Margin is one hundred times less than the Transaction Size.

“Long Position” shall mean a buy position that appreciates in value if market prices increase. In respect of Currency Pairs: buying the Base Currency against the Quote Currency.

“Lot” shall mean a unit measuring the transaction amount specified for each Underlying Asset in any CFD.

“Lot Size” shall mean the Underlying Assets in one Lot as defined in the Contract Specifications.

“Margin” shall mean the necessary guarantee funds so as to maintain Open Positions. Margin is determined in the Contract Specifications for each Underlying Asset in a CFD.

“Margin Call” shall mean the situation when the Company informs the Client to deposit additional Margin when the Client does not have enough Margin to open or maintain Open Positions.

“Margin Level” shall mean the percentage of Equity to Necessary Margin ratio. It is calculated as (Equity / Necessary Margin) x 100%.

“Margin Trading” shall mean Leverage trading when the Client may make Transactions having less funds on the Client Account in comparison with the Transaction Size.

“Matched Positions” shall mean Long and Short Positions of the same Transaction Size opened on the Client Account for the same CFD.

“Member Area” shall mean the electronic area accessible via the Website or on the Online Trading System, where the Client may administer his Client Account and effect certain transactions such as withdrawals of funds, opening of a sub-account, transfer of money between two Client Accounts of his etc. The Member Area may appear on the Website or the Online Trading System with different names such as “MY LTIL”.

“Necessary Margin” shall mean the amount of Margin required by the Company so as to enter into a Transaction or to maintain Open Positions. The details for each CFD are specified in the Contract Specifications.

“Normal Market Size” shall mean:

1. For Currency Pair: the maximum number of units of Base Currency that are executed by the Company in the ‘Market Execution’ mode. This information for each Instrument is displayed in the Contract Specifications.
2. For Precious Metal: the maximum number of troy oz., which can be executed by the Company in the ‘Instant Market Execution’ mode.

“Online Trading System” shall mean any software used by the Company which includes the aggregate of its computer devices, software, databases, telecommunication hardware, a trading platform, all programs and technical facilities providing real-time Quotes, making it possible for the Client to obtain information of markets in real time, make technical analysis on the markets, enter into Transactions, place/modify/delete/execute Orders, receive notices from the Company and keep record of Transactions and calculating all mutual obligations between the Client and the Company. The Online Trading System consists of the Server and the Client Terminal.

“Open Position” shall mean a Long Position or a Short Position which is not a Completed Transaction.

“Order” shall mean an Instruction from the Client to the Company to open or close a position when the price reaches the Order Level.

“Order Level” shall mean the price indicated in the Order.

“Parties” shall mean the Company and the Client, and each individually referred to as being a “Party”.

“Phone Password” shall mean the password provided to the Client by the Company as verification code to access the Services by telephone.

“Pip Hunter” or “Pip Hunting” shall mean the situation when the Client opens a position and closes it in a very short time (once there is a profit of one pip).

“Politically Exposed Persons” shall mean:

1. natural persons who are or have been entrusted with prominent public functions such as heads of States, heads of government, ministers and deputy or assistant ministers; members of parliaments; members of supreme courts, of constitutional courts or of other high-level judicial bodies whose decisions are not subject to further appeal, except in exceptional circumstances; members of courts of auditors or of the boards of central banks; ambassadors, chargés d’affaires and high-ranking officers in the armed forces; members of the administrative, management or supervisory bodies of State-owned enterprises..
2. The immediate family members of such persons as set out in paragraph (a) above, which means: the spouse; any partner considered by national law as equivalent to the spouse; the children and their spouses or partners; and the parents.
3. Persons known to be close associates of such persons as set out in paragraph (a) above, which means: any natural person who is known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with a person referred to in paragraph (a) above; any natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit de facto of the person referred to in paragraph (a) above.

“Price Gap” shall mean the following:

1. The current Quote Bid is higher than the Ask of the previous Quote; or
2. The current Quote Ask is lower than the Bid of the previous Quote.

“Quote” shall mean the information of the current price for a specific Underlying Asset, in the form of the Bid and Ask prices.

“Quote Currency” shall mean the second currency in the Currency Pair, which can be bought or sold by the Client for the Base Currency.

“Quotes Base” shall mean Quotes Flow information stored on the Server.

“Quotes Flow” shall mean the stream of Quotes in the Online Trading System for each Instrument.

“Relevant Amount(s)” shall mean any free Equity in the Client Account not used for Margin purposes.

“Request” shall mean a request from the Client to the Company given to obtain a Quote. Such a Request does not constitute an obligation to make a Transaction.

“Scalping” shall mean the situation where the Client opens too many positions at the same time and closes them for less than five minutes or buying at Bid price and selling at Ask price, so as to gain the Bid/Ask difference.

“Server” shall mean the Meta trader program version 4, or later version, in addition to any platform trading facilitates including (but not limited to) web and mobile traders. The program is used to execute the Client’s Orders or Instructions or Requests, to provide trading information in real-time mode (the content is defined by the Company), in consideration of the mutual liabilities between the Client and the Company.

“Services” shall mean the services provided by the Company to the Client as set out in clause 8.

“Short Position” shall mean a sell position that appreciates in value if market prices fall. In respect of Currency Pairs: selling the Base Currency against the Quote Currency. It is the opposite of a Long Position.

“Slippage” shall mean the difference between the expected price of a trade, and the price the trade actually executes at. Slippage often occurs during periods of higher volatility (for example due to news events) making an Order at a specific price impossible to execute, when market orders are used, and also when large Orders are executed when there may not be enough interest at the desired price level to maintain the expected price of trade.

“Spread” shall mean the difference between Ask and Bid of an Underlying Asset in a CFD at that same moment.

“Stop Loss” shall mean an Order to close a previously opened position at the price less profitable for the Client than the price at the moment of placing the Order.

“Swap” or “Rollover” shall mean the interest added or deducted for holding a position open overnight.

“Take Profit” shall mean an Order to close a previously opened position at the price more profitable for the Client than the price at the moment of placing the Order.

“Trailing Stop” shall mean a Stop Loss Order set at a percentage level below the market price – for a Long Position. The Trailing Stop price is adjusted as the price fluctuates. A sell Trailing Stop order sets the stop price at a fixed amount below the market price with an attached “trailing” amount. As the market price rises, the stop price rises by the trail amount, but if the pair price falls, the Stop Loss price doesn’t change, and a market order is submitted when the stop price is hit.

“Transaction” shall mean any contract or transaction in a CFD entered into or executed by the Client or on behalf of the Client under this Agreement.

“Transaction Size” shall mean Lot Size multiplied by number of Lots.

“Underlying Asset” shall mean any currency (foreign exchange), equity indices, metal, futures, commodities or shares, which is the underlying asset in a CFD.

“Underlying Market” shall mean the market where the Underlying Asset of a CFD is traded.

“Website” shall mean the Company’s website at https://centuryfinancial.co/mu/ or such other website as the Company may maintain from time to time for access by clients.

“Written Notice” shall have the meaning set out in clause 27.

2.2. Words importing the singular shall import the plural and vice versa.

2.3. Words importing the masculine shall import the feminine and vice versa.

2.4. Words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and vice versa.

2.5. Clause headings are for ease of reference only.

2.6. Any reference to any act or regulation or law shall be that act or regulation or law as modified, supplemented, consolidated or re- enacted from time to time, all guidance noted, directives statutory instruments or orders made pursuant to such and any statutory provision of which that statutory provision is a re-enactment or modification.

3. Commencement and Account Activation

3.1. This Agreement shall be binding upon and inure to the benefit of the Company, its successors and assigns, the Client’s heirs, executors, administrators, legatees, successors, personal representatives and assigns.

3.2. The Agreement will take effect upon the Client funding the Client Account with a minimum initial deposit following a notice sent by the Company confirming to him that the Client Account has been opened.

3.3. The Client must deposit a minimum initial deposit and cannot start trading if he has less than the minimum initial deposit. If the Client has less than the minimum amount of initial deposit, the Company may at its absolute discretion allow the Client to start trading.

3.4. The Company is not required to (and may be unable to do so under Applicable Regulations) accept the Client as its customer until all documentation it requires has been received by the Company, properly and fully completed by the Client and all internal Company checks have been satisfied. The Company reserves the right to impose additional due diligence requirements in order to accept clients residing in certain jurisdictions.

4. Client Categorisation

4.1. The Company may, for internal purposes, categorise a customer on the basis of the information provided by them to the Company. The Company will rely on the accuracy, completeness and correctness of the information provided by the Client in their Application Form and the Client shall immediately notify the Company in writing if such information changes or is no longer up to date.

5. Capacity

5.1. The Client represents that it acts as a principal and not as agent or representative or trustee or custodian on behalf of another person. This means that all obligations under this Agreement are owed only to the Client and the Client is responsible for performing the Client obligations towards the Company under this Agreement.

5.2. The Client may act on behalf of someone else only if the Company specifically consents to this in writing and provided all the documents required by the Company for this purpose are received.

5.3. In relation to any Transaction the Company may act either as a principal on an own account basis (whereby it will be the execution venue) or as an agent (whereby some other third party will be the execution venue).

5.4. Where, in respect of Instruments that are not listed on a securities exchange, the Company deals as principal with the Client, the Company shall, before entering into the transaction, disclose to the Client that it is entering into the transaction as principal.

6. Third Party Authorisation

6.1. Subject to the prior written approval of the Company, the Client may authorise another person (“Authorised Person”) to give Instructions, Requests and Orders to the Company concerning any Transaction, or proposed Transaction, or to handle any other matters related to this Agreement or to vary the terms or terminate this Agreement. The Company reserves the right to ask for any further information it deems necessary in respect of such Authorised Person in compliance with the Applicable Rules.

6.2. Any authorisation granted to an Authorised Person is in addition to and does not limit or restrict any other authorization under this Agreement or any other agreement that may exist between the Company and the Client.

6.3. Unless the Company receives at its office and acknowledges a written notification from the Client for the termination/revocation of the Authorised Person, it will continue accepting Requests, Instructions, Orders and other communications given by this person and the Client agrees that such communications are valid and binding on the Client.

6.4. The written notification for the termination of the Authorised Person must be received and acknowledged by the Company at least 5 Business Days prior to the proposed termination date.

6.5. In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the Authorised Person in relation to the Client Account and/ or Client Money and the Company will continue accepting Requests, Instructions, Orders and other communication given by the Authorised Person and will recognize such as valid, until the Company receives actual written notice of the death or mental incapacity of the Client.

6.6. Such notice of revocation shall not relieve the Client from any obligation or liabilities arising from or in respect thereof or in relation to transactions or his accounts in general.

6.7. Third party authorization shall be governed by and construed in accordance with the laws of Mauritius and in the event of any dispute the Client shall submit to the non-exclusive jurisdiction of the Courts of Mauritius.

7. Personal Data, Confidentiality and Recording of Telephone Calls and Printed Media Storage

7.1. The Company acknowledges that confidential information regarding the Client’s personal details is of valuable, special and unique asset and as such belongs to the Client and that such information will not be used to advance the interests of any person(s) other than the Client.

7.2. The Company procures that its employees, service providers, to whom the confidential information is disclosed, are informed of such nature and the employees of the Company shall limit the disclosure of the Client’s personal information on a need to know basis only.

7.3. The Company will protect the Client’s rights regarding the privacy, confidentiality and anonymity of any information furnished to the Company and all data so furnished will be processed fairly and legally and will be collected for specified and legitimate purposes.

7.4. The Company and its Affiliates may use this information to keep the Client informed about other products, services and offers (including those supplied by third parties) which the Company think may be interested to the Client, using the range of methods, including but not limited to post, facsimile, electronic, mail, telephone, SMS etc.

7.5. The Company may collect client information directly from the Client (in his completed Application Form or otherwise) or from other persons including, for example, credit reference agencies, fraud prevention agencies and the providers of public register.

7.6. The Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance with the Data Protection Act 2017.

7.7. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision of the Services. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.

7.8. The Company has the right to disclose client information and, recordings and documents of a confidential nature, without a prior notice to the Client, in order to provide the Services under this Agreement, to cooperate with local or foreign regulatory authorities and entities, fraud and prevention agencies and other organizations involved in crime, to comply with any legal official request, and as necessary to protect any of the Company’s legal obligation and/or rights in the following circumstances:

1. Where required by applicable law, Applicable Regulations or a competent Court;
2. Where requested by FSC or any other regulatory authority or exchange having control or jurisdiction over the Company or any Affiliate;
3. Where requested by FSC or any other regulatory authority or exchange having control oTo the authorities to investigate or prevent fraud, money laundering or other illegal activity, to credit reference and fraud prevention agencies and other financial institutions for credit checking, fraud prevention and anti-money laundering purposes;
4. To any third party as necessary to carry out Client Instructions or Orders and for purposes for purposes ancillary to the provision of the Services;
5. For the purposes of credit assessments or identification or due diligence of the Client or statistical analysis of the Company’s business;
6. To the Company’s professional advisors provided that in each case the relevant professional shall be informed about the confidential nature of such information and commit to the confidentiality herein obligations as well;
7. Where necessary in order for the Company to defend or exercise its legal rights;
8. At the Client’s request or with the Client’s consent;
9. To an Affiliate of the Company;
10. Where necessary in order for the Company to defend or exercise its legal rights in any court or administrative proceedings;
11. To successors or assignees or transferees or buyers, with ten Business Days’ prior Written Notice to the Client.

7.9. If the Client is a natural person, the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays the prescribed fee under Applicable Regulations.

7.10. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside Mauritius, according to the provisions of the Data Protection Act 2017.

7.11. Telephone conversations between the Client and the Company may be recorded and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/Instructions/Requests or conversations so recorded.

7.12. The Client acknowledges and agrees that the Company may reduce all documentation relating to the Client’s account(s), including but not limited to the documents provided by the Client when opening account(s) with the Company, by utilizing a printed media storage device such a micro-fiche or optical disc imaging and agrees to permit the records by such printed media storage device(s) and or method(s) to serve as a complete, true and genuine record of the Client’s account(s) documents and signatures.

7.13. The Client understands that all communication regarding the Client’s account(s), order/request(s) for acquiring Financial Instruments, between the Client and the Company, may be recorded by the Company, and the Client irrevocably consents to such recordings and waives all rights to object to the admissibility of such recordings in any legal matters and/or proceedings or as the Company otherwise deems appropriate, at any given time or within any country.

7.14. The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client by telephone, fax, or otherwise.

8. Services

8.1. Subject to the Client’s obligations under the Agreement being fulfilled, the Company may at its discretion offer the following services to the Client:

1. Receive and transmit orders or arrange orders for execution (on an own account basis) for the Client in Instruments.
2. Provide foreign currency services provided they are associated with the provision of the investment service of clause 8.1(a) herein.
3. Provide safekeeping and administration of Financial Instruments for the account of Client (as and if applicable), including custodianship and related services such as cash/collateral management, as described in clause 26.

8.2. The Company is under no obligation, unless otherwise agreed in writing with the Client, to monitor or advise the Client on the status of any Transaction; to make Margin Calls; or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation.

8.3. The Client understands that he is not allowed physical delivery of the Underlying Asset in a CFD in relation to any Transaction.

8.4. The Company reserves the right, if it is deemed necessary, to delay confirmation of Order/Request(s) and/or Transactions for the Client’s Account(s).

8.5. The Company reserves the right, if it is deemed necessary, to delay any Order/Request(s) and/or Transactions for the Client’s Account(s) or not to execute all of those Order/Request(s) and/or Transactions.

8.6. The Company reserves the right, if it is deemed necessary, to reject partially or in full any Order/Request(s) and/or Transactions for the Client’s Account(s).

8.7. The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason.

8.8. The Company will not advise the Client about the merits of a particular Transaction or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice. The Client alone will make trading and other decisions based on his own judgement.

8.9. The Company will not be under any duty to provide the Client with any legal, tax or other advice relating to any Transaction. The Client may wish to seek independent advice before entering into a Transaction. In asking the Company to enter into any Transaction, the Client represents that he has been solely responsible for making his own independent appraisal and investigation into the risks of the Transaction. He represents that he has sufficient knowledge, market sophistication, professional advice and experience to make his own evaluation of the merits and risks of any Transaction. The Company gives no warranty as to the suitability of the products traded under this Agreement and assumes no fiduciary duty in its relations with the Client.

8.10. The Company provides the Clients with Expert Advisor and Trailing Stop facilities, which are activated by default. They must not violate any Contract Specifications, and in addition, the following conditions apply:

1. The Client must not be a Scalping client.
2. The Client must use the EA in a reasonable manner. All EA users must not use the EA for frequent trading at news time. Users acknowledge that by using the EA frequently at news time they prevent other clients from executing a fair trade.
3. The Company bears no responsibility when the Client uses additional functionalities of the Client Terminal such as Trailing Stop and/or EA, which are executed completely under the Client’s responsibility, as they depend directly on his Client Terminal and the Company bears no responsibility whatsoever. In case where the Company suspects that a Client is using additional functionalities /plug-ins where it affects the reliability, smooth and/or orderly operation of the Company’s trading platform the Company has the right to terminate the Agreement or to cancel/delete those Transactions.
4. The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from the acts, omissions or negligence of any third party or any third-party software including, but not limited to, expert advisors, signal providers, social trading platforms, and virtual private network.

8.11. The Company or its service provider(s) may, from time to time and at its discretion, provide the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) with information, recommendations, news, market commentary or other information but not as a service. Where it does so:

1. The Company will not be responsible for such information;
2. The Company gives no express or implied representation, warranty or guarantee as to the accuracy, correctness or completeness of such information or as to the tax consequences of any related Transaction;
3. This information is provided solely to enable the Client to make his own investment decisions and does not amount to investment advice or unsolicited financial promotions to the Client;
4. If the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, the Client agrees that he will not pass it on to any such person or category of persons;
5. The Client accepts that prior to despatch, the Company may have acted upon it itself to make use of the information on which it is based. The Company does not make representations as to the time of receipt by the Client and cannot guarantee that he will receive such information at the same time as other clients. Any published research reports or recommendations may appear in one or more screen information service;
6. The Client hereby waives any defence in cases where such information or instructions were not in writing.

8.12. The Client acknowledges that any trading recommendations, market or other information communicated to the Client by the Company, although based upon information obtained from sources believed by the Company to be reliable, may be incomplete or inaccurate, may not be verified, may differ from information given to other clients, and may be changed without notice to the Client.

8.13. The Client acknowledges that the Company or one or more of its Affiliates may have a position to buy or sell Financial Instruments which are the subject of information or recommendations furnished to the Client and that these positions and transactions may not be consistent with the information furnished to the Client.

8.14. Market commentary, news, or other information are subject to change and may be withdrawn at any time without notice.

8.15. In providing the Client with reception and transmission services the Company is not required to assess the suitability of the Financial Instrument in which the Client wishes to transact, nor the service(s) provided or offered to him.

8.16. The Company is authorized, in its sole discretion, to employ clearing members and floor brokers as Client’s agents in connection with the execution, carrying, clearance, delivery and settlement of any such purchases and sales of Financial Instruments.

9. CFDs’ General Trading Procedures and Orders

9.1. The Company strives to ensure that the market watch is accurate and prices are obtained from several major banks/liquidity providers/exchanges; in case of closure/failure of one or more price provider for any or all CFDs, quotes will be provided which will reflect the Company’s belief of the current Bid and Ask price for each CFD; the Company does not guarantee that its prices are the best prices available in the market.

9.2. The Client agrees that the Company’s market watch is only an indicator for the current market and any such data is not binding on the Company.

9.3. Charts for all traded instruments are drawn according to the default Spreads and may differ from the prices displayed on the market watch according to the Client’s account type because of differences in mark-ups.

9.4. The Client or its Authorised Person may place Orders either via the Online Trading System (by using his Access Codes) or via phone (by using his Client Account number and Phone Password).

9.5. The Company at its discretion has any right to adjust the price(s)/price Spreads provided/offered to the Client, cancel the Transactions, delay price confirmation and/or re-quote the price(s) offered, restrict the Client’s access to streaming, instantly tradable quotes by providing manual quotation only, retrieve from the Client Account any historic trading profits provided that the Company can document that such trading profits have been gained through such abuse of price(s) at any time during the relationship with the Client, terminate the relationship with the Client immediately by way of a Written Notice.

9.6. In case of an Order received and accepted by the Company by any means other than through the Online Trading System, the Order will be transmitted to the Online Trading System (if possible) and processed as if it was received through the Online Trading System.

9.7. The Company will be entitled to rely and act on any Order given by the Client without any further enquiry, and any Orders will be binding upon the Client where such Order has been placed using his Access Data.

9.8. Any Order shall be conclusively deemed to be a valid Order from the Client to the Company, if the Company believes it to be genuine. The Client is responsible for any loss, claim or expense incurred by the Company following or attempting to follow any Order.

9.9. The Company shall receive and transmit for execution all Orders given by the Client strictly in accordance with their terms. The Company will have no responsibility for checking the accuracy of any Order. Any Order that the Client gives to the Company constitutes an irrevocable instruction to the Company to proceed with the Transaction on the Client’s behalf.

9.10. The Company will not be obliged to check or have regard to any assumption made or expressed by the Client as to the effect of any trade or Order on his existing or overall positions. The Company will not assess any Client comments that any trade he places is a trade to close all or part of an Open Position. The Company will treat all trades as a buy or a sell regardless of whether the trade has the effect of opening a new position or closing an existing one. It is the Client’s responsibility to be aware of his positions at all times.

9.11. If the Client gives an Order which puts him in breach of any clause of this Agreement, the Company may in its absolute discretion fulfil such an Order to the extent it deems appropriate and the Client will not have any right to cancel any resultant partially filled Order. The Client will be liable for the breach of this Agreement and remain liable for the settlement of the resultant Transaction in accordance with the terms of this Agreement.

9.12. Orders can be placed, executed and (if allowed) changed or removed only within the operating (trading) time and if they are not executed they shall remain effective through the next trading session.

9.13. The Company shall not be obliged to, but may, at its absolute discretion, execute the Client’s Orders in respect of any CFD out of normal trading hours as specified in the Contract Specifications for that particular type of CFD.

9.14. The Company may establish cut-off times for instructions or Orders which may be earlier than the times established by the particular market and/or clearing house involved in any Transaction and the Client shall have no claims against the Company arising out of the fact that an Order was not placed by the Company ahead of the cut-off time.

9.15. Orders shall be valid in accordance with the type and time of the given Order, as specified. If the time of validity of the Order is not specified, it shall be valid for an indefinite period. However, the Company may delete one or all pending Orders if the account Equity reaches zero or less.

9.16. The Company allows clients to place orders via phone in case of emergencies; all telephone calls placed through the Dealing Desk are recorded by our recording system; records are kept for 10 days. All conversations concerning price quote requests, order placement and execution, confirmations, and any other trading related issues, are also generally recorded to ensure fairness and accuracy for all parties involved in the delivery and execution of a trading order. In such cases the Client shall call the Dealing Desk and once the telephone is answered, have the following information ready for the dealer who has answered his call:

1. His account number;
2. His password (for security purposes);
3. His order details.

9.17. The following Orders may be given by the Client:

1. OPEN to open a new position;
2. CLOSE to close an Open Position;
3. PARTIAL CLOSE – to close a part of an Open Position at the current market price and keep the remaining lots (part) floating;
4. Modify – to add, remove, edit orders for Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop;
5. CLOSE BY, in case hedging is allowed;
6. Multiple close to close hedged positions on a specific Instrument;
7. Market orders: orders sent from the Client Terminal either by the Client himself or a plug-in hooked to the Client Terminal (Expert Advisor), to buy or to sell an Instrument at the current market price displayed on the market watch;
8. Pending Orders: this kind of order can be set in the same way used for market orders; but at prices predicted by the trader and may be achieved in the future, like limit, stop, and entry orders;
9. All pending Orders are guaranteed according to the fair market value;
10. All pending Orders are good till cancelled (GTC), unless the Client places an expiry time and date on entry orders, or in the event that the Financial Instrument expires;
11. All pending Orders must be placed with respect to the rules appearing in the Contract Specifications for each Instrument. Once pending Orders are in process, the system will reject any cancellation or modification attempted during that time;
12. Pending Order conditions may vary during hectic market conditions;
13. If the market opens with a break off after a weekend or holidays, upon release of important economic and political news, or in the case of Force Majeure Events; Orders (Sell Stop, Buy Stop, Stop Loss) are fulfilled at the first available prices in the market;
14. Even though such situations are not frequent, the Client should exercise care when leaving pending Orders for weekends and holidays;
15. Placing Stop Orders prior to the release of financial news is not permitted, such Orders maybe rejected, deleted or filled at the best available market prices at that time.

9.18. Any other Orders not mentioned in clause 9.17 are unavailable and are automatically rejected.

9.19. All open spot positions will be rolled over to the next Business Day at the close of business in the underlying relevant market, subject to the Company’s rights to close the open spot position. Any open forward positions will be rolled over at the expiry of the relevant period into the next relevant period subject to the Company’s rights to close the open forward position.

9.20. All future trades are classified as market orders, and will be executed according to the market prices provided from its corresponding exchange at the time of execution; in addition, exchange fees may apply.

9.20.1. Rollover: Futures-OTC contracts will not be rolled over automatically and the Company does not accept rollover requests from clients. In a case where a client needs to rollover a future-otc position/s, Open Positions on the current contract can be closed and reopened at the next nearby future-otc contract before the last trading day for each contract. Available Futures instruments:

1. Currencies
2. Indices
3. Commodities
4. Energies

9.20.2. Margin, contract size and general contract specifications are displayed in the Markets Section of the Website and updated periodically.

9.21. The following apply in regards to the change or removal of Orders:

1. Orders cannot be changed or removed if a confirmation is sent or they are executed or being executed.
2. If the market price moves close to the values of Take Profit Order or Stop Loss Order, or the opening price (for pending Orders) of a deferred order within a distance of 2 points (the Company has the right to adjust according to market conditions), no modification or removal of such orders is allowed.
3. OPEN orders cannot be removed.
4. The Client has no right to change or remove Limit Orders if the price has reached the level of the Order Execution.

9.22. Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop are executed at the price declared by the Client on the first market price touch. If the market opens with a gap or a gap occurs during the day (this generally happens after weekends or holidays, upon release of significant macroeconomic data economic or political news, or in the event of Force-Majeure Events), Orders (on CFD on currencies and CFD on other Underlying Assets) are executed as follows:

1. Limit Orders (Take Profit/Buy Limit/ Sell Limit): orders are executed at stated prices.
2. Stop Orders (Stop Loss/Buy Stop/Sell Stop): orders set for lock positions are executed at best available market prices.

9.23. The terms and conditions in the Agreement are subject to a Transaction Size within Normal Market Size for the specified Instrument. The Company may, at its absolute discretion, change these terms if the Client wishes to make a Transaction larger than Normal Market Size for the specified Instrument.

9.24. The minimum level for placing Stop Loss, Take Profit and Limit Orders is found on the Website under Contract Specifications. The Company has the right to change the Contract Specifications at any time depending on the market situation without prior Written Notice to the Client. The Client agrees to check the full Contract Specifications of the CFD before placing any Order.

9.25. The 1 (one) standard lot size is the measurement unit specified for each CFD. The minimum volume of the transaction is 0.01 micro lot but this may differ from account type to another as published on the Website under Contract Specifications. The possible choice of a leverage rate ranges from 1:1 up to 1:500 depending on the type of the CFD and at the Company’s discretion. At opening of the Client Account, the leverage rate is set at 1:100 by default and it is taken into consideration where applicable depending on the type of the CFD and account type. The Client may change the leverage of his Client Account by contacting the Company. The Company may allow a change to the Client Account leverage at the Company’s discretion. In addition, the Company may, in its discretion, change the Client Account leverage without any prior notice to the Client.

9.26. The Company may offer standard lots, micro-lots and mini-lots, in its discretion, defined as follows: (1.0) standard lot = 100000 of the Base Currency, (0.1) mini lot = 10000 of the Base Currency and (0.01) \ micro lot = 1000 of the Base Currency.

9.27. Leverage is a mechanism that allows the client to enter into a transaction with a value higher than the amount of Margin, in order to support the client’s transactions. For any products for which we provide leverage, the Margin covers only a portion of the transaction, with the remaining amount provided by us as leverage. The client should ensure that any leverage used is consistent with their financial situation, strategy, objectives, and business conditions.

Leverage is expressed as a ratio, such as 10:1, 100:1, 200:1, or 400:1. The higher the leverage ratio the client uses, the less Margin they need to enter into a transaction, in proportion to the notional value of the transaction. For example, for a product leveraged at a 200:1 ratio, the client may open a position with a notional value of USD 1,000 using only USD 5 as the Margin.

The default leverage for all accounts is 1:100. Higher leverage will be available only upon the client’s request and will be executed at the company’s discretion.

9.27.1. Accounts for certain clients internally categorized by the Company as professional clients will be handled individually and may not follow the above leverage rules.

9.27.2. Utilizing a high level of leverage may extend the Client’s trading possibilities and lead to larger gains as well as higher risks; risks might be reduced by following a strict trading strategy at the opening and closure of the Client’s transactions. For further information, the Client should talk to a Live Support Representative, or view details in the ‘Contact Us’ section on our Website.

9.28. Spreads: The Buy and Sell Price of a CFD Margin Trade is generally not the same. Once the client has placed a CFD Margin Trade, there is a risk of loss based on the difference between the Buy and Sell Price (“Spread”), which takes into account the number of units of the position and, depending on price movements, the size of the Spread fluctuates. Spreads can vary depending on factors such as underlying market prices, trading hours, volatility, illiquidity, the traded instrument, and market depth. Market prices may also widen when major news or economic data is released. Sharp price movements or wide opening market gaps can cause spreads to change significantly.

The client can view the current Spread for any instrument by referring to the product overview or symbol information for the relevant instrument on the Platform.

9.29. Commissions: a commission may be charged to your Account when you execute an order/trade. The commission is charged per side, per trade. You can check the commission on the product overview/ symbol information window of the Platform before placing an order or executing a trade.

9.30. Holding Cost / Swaps / Overnight Financing Costs: If the client holds a position overnight, they may be charged an Overnight Financing Fee, also known as a Swap or Holding Cost. The Holding Cost is calculated as a percentage of the trade’s notional value at the opening price, based on the interest rates of the underlying asset’s currencies.

For example, if the client is trading a CFD on the EUR/USD currency pair and the interest rate on the euro is higher than the interest rate on the US dollar, the client will receive a credit to their account for holding a long position overnight. Conversely, if the interest rate on the euro is lower than the interest rate on the US dollar, the client will be charged a fee for holding a long position overnight.

At the end of each trading day (20:59 GMT), positions held in the client’s account may be subject to a Holding Cost. The Holding Cost can be positive or negative, depending on the direction of the position and the applicable holding rate. The resulting sum of all Holding Costs will be credited or debited from the client’s account. The details of the Holding Cost can be viewed in the “History” section on the Platform.

Day Holding Cost: Holding Costs for Friday, Saturday, and Sunday will be booked on Friday (20:59 GMT). The client must have sufficient funds in their account before the market closes on Friday to prevent ongoing positions from being closed out over the weekend.

If the client holds a position overnight on FX Currencies, Gold, or Silver on Wednesday, they will be charged for three days’ Holding Costs.

No Holding Cost: No Holding Costs are charged for Forwards related to indices, currencies, commodities, or government bonds.

9.31. The Company allows hedging, which means Clients are allowed to open positions in the opposite direction of previously opened positions in the Client Account, to reduce loss and to decide later when to enter the market.

9.31.1. Hedging an instrument by its corresponding future OTC contract is forbidden (for swap-free accounts), because this represents an attempt to take advantage of the swap free facility and gain profits from swaps, one direction of this kind of hedge must be closed immediately. In cases where the Client fails to take action to avoid such practices, the Company is entitled to close or take other action (by deducting the swaps retroactively or any other means) on these accounts without previous notice.

9.31.2. Hedged positions will be held in the Client Account without affecting the required Margin value, since the required Margin is calculated for each Instrument according to the net positions opened at a specific moment.

9.32. The Client acknowledges that Quotes displayed on the Website and the market watch on the Client Terminal of the Client are Indicative Quotes.

9.33. The Company provides Quotes by taking into account the Underlying Asset price, but this does not mean that these Quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the Quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time. The Client acknowledges that such Quotes will be set by the Company at its absolute discretion.

9.34. The following types of execution are offered for CFDs in currencies (foreign exchange) and CFDs in spot metal:

1. Instant Execution: from zero to 50 lot, the Client executes a position by clicking on buy or sell buttons and if the price is available in the Company then the Company will confirm this entry otherwise it will re quote the price.
2. Request execution: from 50 to 200 lot, the Client executes a position in the following procedure: the Client will click on the request price button to request a quote and he will receive a price where he can chose either to buy or sell or reject. If he chooses to buy or sell, the Company has to confirm his entry if the price is available in the market otherwise it will re quote the price.

9.35. Execution on CFDs in currencies (foreign exchange), spot metal. futures, equity, indices, commodities and options, depending on market conditions, will take the form of market execution. This means that whenever the Client agrees to buy or sell a CFD in any of those Underlying Assets, the Company will give him the available price in the market even if the requested price by the Client was changed without giving him a re-quote on that entry.

9.36. Scalping and Pip-Hunting are not allowed for Classic and Copy Trading accounts, unless the Company changes its policy on this for which a notice will be posted on the Website.

9.37. In the event that the Company classifies a client as a Scalping Client or a Pip Hunter – which the Company does not currently allow except for ECN Accounts, the Company may, at its sole discretion, and without a prior Written Notice, take one or more of the following actions:

1. Change the account type to the corresponding ECN account type
2. Terminate this Agreement;
3. Close out all or any of the Client’s Open Positions at current market prices;
4. Debit the Client Account(s) for the amounts which are due to the Company;
5. Close any or all of the Client Accounts held with the Company;
6. Combine Client Accounts; consolidate the Balances in such Client Accounts and offset those Balances;
7. Refuse to open new Client Accounts for the Client.

9.38. Slippage in CFDs in Currencies occurs when a limit order or Stop Loss occurs at a worse rate than originally set in the order. In this situation, the Company will execute the trade at the next best price. Slippage in CFDs in stocks often occurs when there is a change in Spread. In this situation, a market order placed may get executed at a worse than expected price. In the case of a Long Position, the Ask may have increased, while in the case of a Short Position, the Bid may have lowered.

9.38.1. Slippage involves executing any given trade on a specific price different from the expected price sent or preset by the Client. This may take place during highly volatile market conditions such (but not limited to) economic or political news; the Order will be filled at the next best available market price because the desired/preset Order price is not available, or because higher Spread differences are applied in the corresponding exchanges of the traded Instrument.

9.38.2. The Company does not apply Slippage under normal market conditions, and applies it on stop pending entry or liquidation orders during times when the Company is closed or when – but not limited to – there is a weekend or bank holiday, international economic events or hectic market movements. In this case, Stop Orders will be filled on the opening price, which the Company finds suitable.

9.38.3. ECN Clients acknowledge that Slippage might occur as per the liquidity providers’ terms and conditions and that this is beyond the control of the Company and agrees to waive the Company from any liability that may arise subjective to any damage or expense or loss incurred by the Client, in relation to or directly or indirectly arising from but not limited to such terms and conditions.

9.39. Clients can execute trades 24 hours a day from 00:05 on Monday until 23:30 on Friday (Mauritius Time), except for some Instruments which halt at different times such as a break; the trading schedules and more specific information on each Instrument is available through the Website or within the MT4 platform. The Company is required to perform maintenance on its servers each night from 23:58 to 00:02 (Mauritius Time). During this time, all trading is halted on the platform.

9.40. The Client accepts that at times of excessive transaction flow there might be some delay in contacting, over the telephone, a member of the Dealing Department, especially when there are important market announcements.

10. Margin requirements

10.1. The Client shall provide and maintain the Initial Margin and/or Hedged Margin in such limits as the Company, at its sole discretion, may determine at any time under the Contract Specifications for each type of CFD.

10.2. It is the Client’s responsibility to ensure that he understands how a Margin is calculated.

10.3. The Company has the right to amend any entry in the Contract Specifications section for each CFD including Margin requirements, and these changes may take effect on both new and existing/Open Positions/trades. Unless a Force Majeure Event has occurred, any such changes may be communicated through an internal mail message or on the Website.

10.4. The Company has the right to change Margin requirements without prior Written Notice to the Client in the case of Force Majeure Event. In this situation the Company has the right to apply new Margin requirements to the new positions and to positions which are already open.

10.5. If at any time Equity is less than 5% of the Necessary Margin, the Company has the right to close any or all of the Client’s Open Positions without the Client’s consent or any prior Written Notice to him. In order to determine if the Client has breached this clause, any sums referred to therein which are not denominated in the Currency of the Client Account shall be treated as if they were denominated in the Currency of the Client Account by converting them into the Currency of the Client Account at the relevant exchange rate for spot dealings in the foreign exchange market.

10.6. The Client has the responsibility to notify the Company as soon as he believes that he will be unable to meet a Margin payment when due.

10.7. The Company has no obligation to make Margin Calls for the Client.

10.8. Where the Company effects or arranges a Transaction involving an Instrument, the Client should note that, depending upon the nature of the Transaction, he may be liable to make further payments when the Transaction fails to be completed or upon the earlier settlement or closing out of his position. He may be required to make further variable payments by way of Margin against the purchase price of the Instrument, instead of paying (or receiving) the whole purchase (or sale) price immediately. The movement in the market price of the Client’s investment will affect the amount of Margin payment he will be required to make. The Client agrees to pay the Company on demand such sums by way of Margin as are required from time to time under the rules of any relevant market (if applicable) or as the Company may in its discretion reasonably require for the purpose of protecting itself against loss or risk of loss on present, future or contemplated Transactions under this Agreement.

10.9. Any account on Margin call needs to be cautious of Equity as the account will be stopped out by closing all Open Positions as the Equity reaches zero (or as the account reaches 0% Equity to Margin level). All pending Orders for the stopped out account will be deleted, and any deficit that may result after liquidation will be considered as the Client’s liability and the Company has the right to claim such deficits.

10.10. If the Client breaches clause 10.9., the Company has the right to close partially or completely the Client’s Open Positions in order for the Client Account to go above the required percentage according to the levels at clause 10.9.

10.11. Margin must be paid in cash. Cash Margin is paid to the Company as an outright transfer of funds. Non-cash collateral Margin will be accepted by the Company in its discretion and on terms to be agreed with the Company.

10.12. The Client undertakes neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the Margin transferred to the Company.

11. Swap Free Accounts

11.1. The Company offers Islamic (swap-free) accounts to comply with Islamic Shariah law; this is also an advantage for all traders who hold their positions for multiple days without being aware of swaps or overnight fees; thus, a trading account would not pay, or be paid for holding a position for more than one business day.

11.2. If the Client wishes to convert his Client Account into a swap free account or vice versa, he must send a notification to the Company. The Client has the right to convert his Client Account from swap free into a standard Client Account, without giving any reasons.

11.3. If the Client has a swap free account, no swaps or roll over charges will be applied to trading positions overnight. This means that the Client Account will be free from interest or swap charges and features zero up-front commissions without additional charges per trade. Any charges applicable appear on the Website.

11.4. If the Client has a swap-free account all the provisions herein in this entire Agreement apply to him save any mentions to swaps unless the text provides that swaps apply to such a Client as well.

11.5. Any client who misuses this advantage by holding his floating positions for a long time period, taking advantage of the swap-free facility and gaining profits from swaps must close the floating positions immediately, bearing in mind that these fees are handled by the company and not paid by clients.

11.6. Hedging a currency pair by its corresponding Future CFD and/or hedging positions on a swap based account against positions on a swap free account is forbidden, as these also represent attempts to take advantage of the swap free facility and gain profits from swaps; one direction of this kind of hedge must be closed immediately.

11.7. The Company has the right to charge certain instruments storage fees on positions that have remained open for 1 day or more, most recent information can be found on the Website (XXX):

11.8. If the Client fails to take action to avoid such practices, the Company will be required to close or take any necessary action on these accounts without prior Written Notice.

12. Confirmations

12.1. Information on Order(s) status, Client Account status, trade confirmations and messaging facility between the Parties will be sent to the Client either in electronic form by e-mail to the email address which the Company will have on record and/or provided via its internal mail system of the Online Trading System.

12.2. The Client is obliged to provide the Company with an e-mail address for the purposes of clause 12.1. It is the Client’s responsibility to inform the Company of any change to his email address (or any other relevant personal information), the non-receipt of a confirmation, or whether any confirmations are incorrect before settlement.

12.3. The Company will send to the Client, in the method specified above in clause 12.2, a trade confirmation in respect of each executed Order. Trade confirmations will be sent prior to the close of the back office on the Business Day following the day on which the Order is executed or if the confirmation is received from a third party, no later than the first Business Day following receipt of the confirmation.

12.4. If the Client has a reason to believe that the confirmation is inconsistent or if the Client does not receive any confirmation (although the Transaction was made), the Client shall contact the Company. Trade confirmations shall, in the absence of manifest error, be deemed conclusive and binding unless the Client notifies the Company in writing to the contrary within two (2) Business Days following the day of receipt of the said trade confirmation.

12.5. None of these provisions, however, will prevent the Company, upon discovery of any error or omission, from correcting it.

12.6. The Parties agree that such errors, whether resulting in profit or loss, will be corrected in the Client’s account will be credited or debited so that it is in the same position it would have been if the error had not occurred.

12.7. Whenever a correction is made, the Company will promptly make written or oral notification to the Client.

12.8. If the Company holds Client money, it shall send to him at least once every year a statement of those funds unless such a statement has been provided in any other periodic statements.

12.9. The Company will provide the Client with an online access to his Client Account via the Online Trading System, which will provide him with sufficient information in order to manage his Client Account and comply with FSC Rules in regards to client reporting requirements. The Company may not provide the Client with separate annual statements (as provided for under clause 12.8).

13. Decline of Client’s Orders, Requests and Instructions

13.1. Without prejudice to any other provisions herein, the Company is entitled, at any time and at its discretion, without giving any notice and/or explanation to the Client or to those persons the Client has notified to the Company in writing as authorized to give instructions, to refuse to transmit or execute any Order or Request, and the Client has no right to claim any damages, specific performance or compensation whatsoever from the Company, in any of the following cases:

1. If the Order or Request or Instruction precedes the first Quote in the Online Trading System on the relevant market opening;
2. Under Abnormal Market Conditions;
3. If the Client has recently made an unreasonable number of Requests in comparison with the number of Transactions;
4. If the Client’s Free Margin is less than the Initial Margin;
5. It is impossible to proceed with an Order or Instruction regarding the size or price or the proposed Transaction is of such a size (too small or too large), that the Company does not wish to accept that Transaction or the Company believes that it will not be able to hedge the proposed Transaction in the Underlying Market;
6. It is impossible for the Order or Request or Instruction to be executed due to the condition of the market or customs of a trading volume;
7. The Company has sent a notice of termination of the Agreement to the Client;
8. Where the Company suspects that the Client is engaged in money laundering activities or terrorist financing or other illegal activity;
9. In consequence of lawful claims or requirements of corresponding organized trading platforms, Affiliates of the Parties as well as in consequence of lawful claims of third parties;
10. Where the legality of the Order is under doubt;
11. In consequence of the request of regulatory or supervisory authorities of Mauritius or a court order;
12. A Quote is not obtained from the Company;
13. The Quote obtained by the Company is an Indicative Quote;
14. The Quote accepted by the Client, which was provided to him via the Client Terminal or the telephone, is no longer valid;
15. nternet connection or communications are disrupted;
16. The Quote is manifestly erroneous;
17. The Quote is an Error Quote (Spike);
18. The Transaction Size is less than the minimum Transaction Size for the particular CFD as indicated in the Contract Specifications;
19. A Force Majeure Event has occurred;
20. In an Event of Default of the Client;
21. The Company deems that the execution of the Order aims at or may aim at manipulating the relevant market or constitutes an abusive exploitation of privileged confidential information (insider trading), or the Company reasonably believes that the Client is engaged into Scalping or Pip-Hunting;
22. There are no available cleared funds deposited in the Client Account to pay all the charges of the particular Order;
23. The Order is insufficiently detailed or the Order or Request or Instruction is not clear or has more than one interpretation;
24. The Company’s personnel are not satisfied of the identity of the Client or his authorized representative;
25. If any doubt arises as to the genuineness of the Order;
26. Where an Order or Request is given to the Company in respect of any Instrument for which a Corporate Event is imminent.

14. Miscellaneous

14.1. The Company may, in its discretion, suspend the Client Account at any time for any good reason with or without Written Notice to the Client.

14.2. Any liability of the Client to the Company under the Agreement may in whole or in part be released, compounded, compromised, waived or postponed by the Company in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed. A waiver by the Company of a breach of any of the terms of the Agreement or a default under these terms will not prevent or act as an estoppel on the Company from subsequently requiring compliance with the waived obligation.

14.3. All rights and remedies provided to the Company under the Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

14.4. The Company has the right to delete Error Quotes (Spikes) from the Server’s Quotes Base and any orders executed respectively.

14.5. Where the Client comprises two or more persons, the liabilities and obligations under the Agreement shall be joint and several. Any warning or other notice given to one of the persons who form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client.

14.6. In the event of the death or mental incapacity of one of the persons who form the Client, all obligations and liabilities owed to the Company will be owed by the survivor(s).

14.7. The Client may administer his Client Account via the Member Area.

14.8. The Client agrees that the Company may, from time to time, change the account number assigned to any Client Account covered by this Agreement, without this affecting the continuity and legal force and effect of the Agreement.

14.9. The Client agrees that if his Client Account is closed and then reactivated/reopened it will continue to be covered by this Agreement, unless the Company has terminated the Agreement and a new agreement was signed.

14.10. The Client shall not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer his rights or obligations under this Agreement or any interest in this Agreement, without the Company’s prior written consent, otherwise any purported assignment, charge or transfer in violation of this paragraph shall be void.

14.11. The Client acknowledges and confirms that any account(s), held with the Company, without any trading activity and/or accounts that are inactive and or remain non-operational and/or holding zero balance/equity for a period of twelve (12) months and more, are considered to be dormant accounts.

14.12. The Client further acknowledges and confirms that such dormant accounts will be subject to relevant charge/cost(s), relating to the maintenance/administration of such accounts. The Client agrees that when an account is classified as dormant the Company has the right to charge an ‘inactivity fee’ of 15 USD or 15 GBP (depending on the Base Currency of the Client Account) per month, which will be charged and debited from the balance of the specific account until the Client Account has the required funds available and/or until a zero Balance/Equity is reached. The Client understands that such an ‘inactivity fee’ shall not in any case give rise to a negative balance to his account.

14.13. The Client further agrees that any dormant account which continues to be dormant for a total period of eighteen (18) months, is considered to be closed on the first day after eighteen (18) months of no transactions.

14.14. The Client accepts that both dormant and closed accounts will be frozen immediately, and the Client will not be permitted to undertake any further transaction in such dormant or closed account.

14.15. The Client agrees that in order for a dormant or closed account to be re-activated the Client shall proceed with the KYC/CDD procedures of the Company and by funding his account and conducting at least one (1) trade with the Company.

14.16. This Agreement shall apply in relation to any additional Client Accounts opened in Client’s name with the Company, with the exception of any Client Account for which a new Client agreement is specifically signed.

15. Regulatory Provisions

15.1. Notwithstanding any other contrary provision of this Agreement, in providing Services to the Client the Company shall be entitled to take any action as it considers necessary in its absolute discretion to ensure compliance with the relevant market rules and or practices and all other applicable laws.

15.2. The Company is authorised to disclose information relating to the Client, his Transactions and Client Account(s) to the FSC and other regulatory bodies as required by law.

15.2.1. The Company is subject to reporting obligations under the Common Reporting Standard (“CRS”) and The Foreign Account Tax Compliance Act (“FATCA”) that relate to due diligence rules that financial institutions need to follow to collect and report information about their customers. The information to be reported to the local participating tax authorities by the Company is: a) the identity of each reportable account holder on their reportable accounts, b) the balance on these accounts each year, c) the income (interest, dividends, gross proceeds, and other income) on these accounts.

15.2.2. The Parties hereby expressly consent to the transfer of information to the extent required in order to comply with the reporting obligation in accordance with FATCA and CRS. Such transfer of information will entail the disclosure of Transaction data, including the portfolio data, the value determined for the Transaction, collateral posted and the identity of the Parties.

15.2.3. The Company shall not be liable to the Client for any failure by the Company or any third-party processor to report or clear transactions in accordance with FATCA and CRS.

15.2.4. The Client shall promptly notify the Company of its clearing requirement relevant to the Transactions. Where the clearing requirement notified to the Company changes, the Client shall promptly provide Written Notice to the Company of such change.

15.3. The Company shall not be liable to the Client as a result of any action taken by the Company or its agents in compliance with any of the Applicable Regulations.

15.4. In any case of failure by the Company or its agents to comply with any Applicable Regulations shall not relieve the Client of any obligation under this Agreement nor be construed to create rights under this Agreement in favour of the Client against the Company.

15.5. In the event that any term of this Agreement is inconsistent with a requirement set by a regulatory authority and/or the applicable law, where such new requirement was incorporated after the coming into force of this Agreement, the Company will update this Agreement to comply with the new regulatory requirements and/or Applicable Regulations, with such changes being automatically applicable to the relationship between the Company and the Client.

15.6. Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment.

15.7. Under Applicable Regulations, the Company will keep Client records for at least seven years after termination of the Client Agreement.

16. Applicable and Governing Law

16.1. If a settlement is not reached by the means described in clause 28, all disputes and controversies arising out of or in connection with the Agreement shall be finally settled by the Courts of Mauritius.

16.2. This Agreement and all transactional relations between the Parties are governed by the laws of Mauritius.

16.3. All transactions on behalf of the Client shall be subject to Applicable Regulations and the laws which govern the establishment and operation of investment dealers, as they are amended or modified from time to time. The Company shall be entitled to take or omit to take any measures, which it considers desirable in view of compliance with the Applicable Regulations in force at the time. Any such measures as may be taken and all Applicable Regulations in force shall be binding on the Client.

17. Severability

17.1. Should any part of this Agreement be held by any Court of competent jurisdiction to be unenforceable or illegal or contravenes any Applicable Regulations, that part will be deemed to have been excluded from this Agreement from the beginning, and this Agreement will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Agreement or the legality, validity or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected.

18. Non-Exercise of Rights

18.1. The Company’s failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Agreement, or its failure to exercise any or part of any of right or remedy to which the Company is entitled under this Agreement, shall not constitute an implied waiver thereof.

19. Assignment

19.1. The Company may at any time transfer, assign or novate any of its rights, benefits or obligations under this Agreement subject to providing notification to the Client.

19.2. The Client may not transfer, assign, charge, novate or otherwise transfer or purport to do so the Client’s rights or obligations under the Agreement without the prior written consent of the Company.

20. Adjustments

20.1. If any security becomes subject to possible adjustment as a result of any of a Corporate Event, the Company has the right to determine the appropriate adjustment to be made to the size, value and/or numbr of the related Transaction and or to the level and size of any Order so as to:

1. Account for the effect necessary to preserve the economic equivalent (diluting or concentrating) of the rights and obligations of the Parties under that Transaction immediately prior to that Corporate Event; and/or
2. Copy the diluting or concentrating effect of the Corporate Event upon the person with an interest in the relevant underlying security, to be effective from the date determined by the Company.

20.2. Until further notice in writing from the Client, the Company is hereby authorized at any time, without prior notice to the Client, to transfer between any account(s) of the Client and/or whenever, held by the Company, or any exchange member through which the Company clears the Client’s transactions, such excess funds, securities, commodity futures contracts, commodity options, and other property of the Client as in the Company’s sole judgment may be required for Margin in any other such account(s) or to reduce or satisfy any debit balances in any other account(s) provided such transfer or transfers comply with Applicable Regulations.

20.3. Actions to be taken by the Company according to clause 20.1. shall be at the absolute discretion of the Company and shall be conclusive and binding upon the Client. The Company shall inform the Client of any such actions as soon as reasonably practicable.

20.4. If at any time a take-over offer is made in respect of a company, then the Company may (at any time prior to the closing date of such offer) give Written Notice to the Client of its intention to close a Transaction in respect of that security also stating the closing date and the closing price.

20.5. For any securities in respect of which the issuer pays dividends, a dividend adjustment will be calculated in respect of Open Positions held on the Ex-Dividend Date for the relevant underlying security. The said adjustment will be credited to the Client Account if the Client has an open Long Position, and debited if the Client has an open Short Position.

21. Netting and Set-Off

21.1. The Company converts the amounts payable by the Client into the Currency of the Client Account at the relevant exchange rate for spot dealings in the foreign exchange market.

21.2. If the aggregate amount payable by the Client is equal to the aggregate amount payable by the Company, then automatically the mutual obligations to make payment are set-off and cancel each other.

21.3. If the aggregate amount payable by one Party exceeds the aggregate amount payable by the other Party, then the Party with the larger aggregate amount shall pay the excess to the other Party and all obligations to make payment will be automatically satisfied and discharged.

21.4. The Company has the right to combine all or any Client Accounts opened in the Client’s name and to consolidate the Balances in such accounts and to set-off such Balances.

21.5. All Financial Instruments, funds, securities and other property in the Client’s account(s) or elsewhere now or at any time in the future held by the Company for any purpose, including safekeeping, are subject to a security interest and general lien in the Company’s favour to secure any indebtedness at any time owed by the Client, including any indebtedness resulting from any guarantee of a transaction of an account(s) of the Client or the Client’s assumption of joint responsibility for any transaction of an account(s).

21.6. The Client grants to the Company the right to pledge, repledge, hypothecate, or invest either separately or with the property of other clients, any securities or other property held by the Company for the Client’s account(s) or as collateral therefore, including without limitation to any exchange or clearing house through which transactions of the Client are executed.

21.7. The Company shall be under no obligation to pay to the Client or to his/her account(s) for, and the Client waives all right to, any interest income or benefit derived from such property and funds or to deliver the same securities or other property deposited with or received by the Company for the Client.

22. Currency

22.1. The Company is entitled, without prior notice to the Client, to effect any currency conversions which it deems necessary or desirable in order to comply with its obligations or exercise its rights under this Agreement or complete any specific Transaction or Order. Any such conversion shall be made by the Company at reasonable exchange rates as the company shall select, having regards to the prevailing rates.

22.2. The Client will bear all foreign currency exchange risk arising from any Transaction or the exercise by the Company of its rights under the Agreement or any law.

23. Commissions, Charges and Other Costs

23.1. The provision of Services is subject to the payment of costs, fees, commissions, charges, taxes, etc (the “Costs”). In addition to those Costs, other costs may be due by the Client directly to third parties. The Client shall be obliged to pay all such costs the commissions, charges and other costs set. Costs to the Company are set out in the Contract Specifications.

23.2. When providing a Service to a Client, the Company may pay or receive fees, commissions or other non-monetary benefits from third parties as far as permissible under Applicable Regulations. To the extent required by Applicable Regulations, the Company will provide information on such benefits to the Client on request.

23.3. Details of any taxes which the Company is required to pay on the Client’s behalf will be stated on confirmations issued to the Client.

23.4. The Client may also be liable for other taxes which are not collected by the Company and the Client should seek independent expert advice if he is in any doubt as to whether he may incur any further tax liabilities. Tax laws are subject to change from time to time.

23.5. The Client shall be solely responsible for all filings, tax returns and reports on any Transactions which should be made to any relevant authority, whether governmental or otherwise, and for payment of all taxes (including but not limited to any transfer or value added taxes), arising out of or in connection with any Transaction.

23.6. The Client undertakes to pay all expenses relating to this Agreement and any documentation, which may be required for the carrying out of the Transactions under this Agreement.

23.7. The Company may vary its charges from time to time without any consultation or prior consent from the Client. The Company will notify the Client of any changes, before they come into effect, by internal mail via the Online Trading System, or by email or by placing a notice on its Website. The variation will take effect from the date which the Company specifies in its notification to the Client. The Company will endeavour to provide the Client with at least one Business Day notice of such alteration save where such alteration is based on a change in interest rates or tax treatment or it is otherwise impractical for the Company to do so.

23.8. The Client will pay the Company any amount which he owes, when due, in freely transferable, cleared and available same day funds, in the currency and to the accounts which will be specified, and without making any off-set, counterclaim, deduction or withholding of the Client in order to settle any obligations owed by the Client to the Company.

23.9. The Client acknowledges and agrees that the Company has the absolute right to detach and acquire any equity owned by the Client when such equity is generated by a credit granted by the Company to the Client.

24. Deposits and Withdrawals

24.1. The Client acknowledges that bank wiring instructions are only provided to him by the Company along with the account details and confirmation letter.

24.2. The Company does not accept funds and/or payments for any trading account via a third party and the Company will not proceed in any funding of a trading account unless the depositor’s name matches the name of the trading account holder.

24.3. The Client’s trading account must be established for trading purposes only. The Company is not a bank, nor does it keep deposits as a bank. The Company keeps deposits only to maintain margins supporting the trading account and trading activities.

24.4. In case funds are deposited and/or payments are processed by any person, without that person having a trading account and/or trading activities with the Company, such funds, less any bank or other finance charges, will be returned from the Company to that person using the same information and depositing channel used by the person for that specific deposit.

24.5. The Company actively complies with all anti-money laundering laws and regulations and on an ongoing basis, the Company shall review clients’ account activity for evidence of suspicious transactions that may be indicative of money laundering activities. This review may include surveillance of:

1. Money flows into and out of accounts.
2. The origin and destination of wire transfers.
3. Other activity outside the normal course of business.

24.6. The Client may deposit funds into the Client Account at any time. Deposits will be accepted by bank transfer, debit / credit card, Skrill, or any other method of electronic money transfer/electronic wallets (where the originator is the Client) acceptable by the Company from time to time. The Client acknowledges that further information in relation to the deposit methods, deposit and withdrawal processing time and fees is available to the Client on the Website.

24.7. The Company will effect withdrawals of Client funds, either upon the receipt of a form bearing the signature of the Client which must match the specimen signature of the Client provided by him to the Company and if in accordance with clause 24.6. or upon an application for withdrawal made via the My LTIL Area.

24.8. Upon the Company receiving an instruction from the Client to withdraw funds from the Client Account, the Company shall pay the said amount within five Business Days if the following requirements are met:

1. The withdrawal instruction includes all necessary information;
2. The instruction is to make a bank transfer to the account of the Client; and
3. At the moment of payment, the Client’s Free Margin exceeds the amount specified in the withdrawal instruction including all payment charges.

24.9. Withdrawals will only be effected towards the Client. The Company has the right in its absolute discretion not to effect withdrawals to any other third party or third party account. The Company will not effect withdrawals to anonymous accounts.

24.10. The Client accepts that the full amount of his first deposit will be returned by the Company to the Client, upon a withdrawal request, to the same bank account and/or credit card and/or electronic wallet account the Client used for his first deposit.

24.11. The Client acknowledges that the Company will not proceed with a withdrawal request of the Client when such a request is send by a different account name other than the one used by the Client for his last deposit.

24.12. The Client agrees that when making a deposit of a certain amount through a specific bank account and/or card and/or electronic wallet, will be obliged to withdraw the full amount of that specific deposit from that specific bank account and/or card and/or electronic wallet before using another withdrawal method.

24.13. The Company reserves the right to decline a withdrawal request of the Client asking for a specific transfer method and the Company has the right to suggest an alternative.

24.14. The Client accepts that delays may occur for deposits and withdrawals requests to be processed if the Company and/or any other bank and/or card processor and/or electronic wallets service provider are unable to verify the information provided by the Client.

24.15. All payment and transfer charges will be borne by the Client and the Company shall reflect the Client Account for these charges.

24.16. The Client agrees that the Company has the right to charge the Client any service fee, including deposit and withdrawal fees, charged to the Company by any bank and/or card processor and/or electronic wallets service provider, at any time and at the Company’s sole discretion and without the consent of the Client.

24.17. If the Client has any obligation to pay any amount to the Company which exceeds the Equity in the Client Account the Client shall pay the excess amount immediately once the obligation arises.

24.18. If the Client makes a payment by bank transfer, by credit card or any other method of electronic money transfer, the Company shall credit the Client Account with the actual amount received within one Business Day after such amount is cleared in the bank account of the Company.

24.19. Where a payment is due to the Company by the Client but enough cleared funds are not yet credited to the Client Account, the Company shall be entitled to treat the Client as having failed to make a payment to the Company and to close out the Client’s Open Positions, exercise other default remedies against the Client and exercise its rights under the Agreement.

24.20. The Client shall effect any Margin payments or other sums due and payable to the Company in Euros, Great Britain Pounds, Swiss Francs, US dollars or Japanese Yen. The payment amount will be converted into the Currency of the Client Account at the rate determined by the bank of the Company.

24.21. Any amount which is not paid in accordance with clause 24 on the due date thereof shall bear interest at the Applicable Rate plus 4% per annum, for each day for which such amount remains unpaid.

24.22. The Client acknowledges and accepts that when his bank and/or card and/or electronic account currency is different from the deposit currency assigned and/or the currency of his trading account, the currency conversion will be performed by the bank and/or card processor and/or electronic wallets service provider of the Client, at the prevailing exchange rate of the day and fees might apply.

24.23. The Client is fully responsible for the payment details given to the Company and the Company accepts no responsibility for any loss to the Client’s funds, if the details provided by the Client are wrong.

24.24. Client’s deposits and withdrawals by wire transfer are subject to 0.00% Company fees but other fees may apply by the Banks. Bank fees vary from one transaction to another as each transaction is considered a different case.

24.25. The Client agrees that withdrawals will only be credited by wire transfer to the client’s personal bank account that was submitted in the Customer Account Agreement or submitted through the new account registration form on the Website.

24.26. The Client hereby confirms and acknowledges that any payment(s) made by credit card(s), will bear the Client’s name and will be credited into Client’s account(s) held with the Company and that the sole purpose for such payments is in accordance with the purpose of this Agreement signed with the Company.

24.27. The Client acknowledges and agrees that the funding of the accounts by credit card is done directly from the Website. The client understands and accepts that the name on the credit card must match the name of the client on the account with the company and that any deposits that do not match the above description will be rejected. All fees that apply will be charged to the sender.

24.28. The Client accepts the advice of the Company for him to allow the visual contact of the 6 first and the last 4 digits of his card number only; and cover the CVV numbers of the back side of the card before sending a copy of his Card to the Company, for security purposes. The Client accepts that the rest of the information should remain visible such as the card holder Name, Expiry Date and Bank Name.

24.29. The Client accepts that the Company has the right to reject any credit card payments coming from high-risk regions.

24.30. The Client acknowledges and accepts that all credit card transactions (deposits) are non-refundable and irrevocable.

24.31. The Client accepts that, for the protection of both the Client and the Company, the Company may withhold Orders that appear fraudulent for manual review and if necessary call the Client to confirm the Order and if the Client cannot be reached within a reasonable period of time, the Order may be cancelled.

24.32. The Client agrees that in any case of the Company confirming a fraudulent deposit made by the Client through any deposit method, the Company has the right to refund the deposited amount and/ or apply a zero Balance and Equity to the trading account of the said Client and/or close any trading account of the said Client and/or deny the withdrawal of any profits and/or the coverage of any loss and/ or waive any liability related to any loss of the client and/or reserve any legal right to take any legal action against the said Client in any jurisdiction.

24.33. The Client confirms that the deposits by credit card are subject to 0.00% fees but other fees may be applied by the credit card companies.

24.34. The Client further confirms and acknowledges that the right of the chargeback shall not be permitted in cases when the Company has already executed a requested Transaction.

24.35. The Client hereby confirms and acknowledges that the right of the chargeback shall not be permitted if the credit card(s) has been stolen taking into consideration the 3D secure policy, used by the Company, by which such payment(s) are not approved.

24.36. The Client confirms and acknowledges that due to the type of services and activities provided by the Company, the Client is not permitted to claim that the performance did not correspond to a written description so as to cancel the services. Should the Client request a chargeback claiming that the performance did not correspond as per the Client’s Instruction, the Client confirms and acknowledges that the Company has the right to provide any relevant entity/person, with the required documentation in regards to such Client’s account(s), in order to prove any transactions/allegation.

24.37. The Client confirms and acknowledges that the Company will not be held responsible regarding any delays that may occur in regards to credit card(s) transactions, caused by third parties, during the process of such transactions, or due to any other laws/impediments given or made in any jurisdiction at such given time of any such transactions.

24.38. In the event of a dispute related to chargeback, the Client agrees that the Company has the right to withhold the chargeback in a reserve until the resolution of the dispute is finalized. The Client understands and agrees that it may happen, as a consequence of the reserved chargeback, that such chargeback may reflect on any of the transaction(s) of the Client’s account(s).

24.39. The Client shall be liable for all and any costs paid to the credit card processor or bank(s), other parties, attorney’s fees and other legal expenses, and the reasonable value of the time that the Company spent on the matter, incurred during the process of the dispute resolution.

24.40. To the extent permitted by law, the Company may set off against the Balances for any obligation and liability of the Client, including without limitation any chargeback amounts.

24.41. The Client accepts that the Company has the right to apply any exceptions to the terms of this clause 24 at its sole discretion and for whatever reason and/or when such exceptions are considered at the opinion of the Company necessary and/or appropriate for the execution of such terms and/or when such terms are impossible to be executed for any reason and/or person.

24.42. The Client agrees that the Company may, at its own discretion and at any time and/or when in its sole opinion an abuse of the 0.00% transfer fees benefit has occurred, request and/or deduct any and/or all the transfer fee amounts from the Client’ s account(s) and/or close the Client’s account(s) and/or take any other action may consider necessary, as a compensation for the said abuse.

25. Deposits and Withdrawals Fees

25.1. All deposits made by the Client under this Agreement shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any charges, fees and withholdings of any nature now or hereafter imposed by any bank, financial institution or credit card company. If the Client is compelled to make any such deduction, it will pay to the Company such additional amounts as are necessary to ensure receipt by the Company of the full amount which the Company would have received but for the deduction.

25.2. The Company shall be entitled to deduct, and pass on, any charges, fees and witholdings of any nature now or hereafter imposed by any bank, financial institution or credit card company in respect of the withdrawal of funds by the Client from its account(s) and the remittance to the Client’s bank account or card.

26. Client Money

26.1. Client funds will be segregated from the Company’s own money and cannot be used in the course of its business. The Company will promptly place any Client money into a Segregated Client Account.

26.2. The Client agrees and acknowledges that, unless otherwise agreed in writing by the Company in its absolute discretion, client monies are generally deposited in one or more segregated non-interest bearing account and accordingly no interest is payable in respect of any cash balances in any of the Client’s accounts held by the Company for and on the Client’s behalf for any reason whatsoever.

26.3. The Company may hold Client money and the money of other clients in the same bank account (omnibus account).

26.4. The Company may deposit Client money with a third party who may have a security interest, lien or right of set-off in relation to that money.

26.5. Client money may be held on the Client’s behalf with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty (“Financial Institution”) located in Mauritius. The legal and regulatory regime applying to any such person will be the one applicable under the rules and laws of Mauritius and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money will be treated in accordance with the laws applicable in Mauritius. The Company will not be liable for such a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that Financial Institution and/or acts or omissions of any other third party similar to Financial Institutions.

26.6. Client money may also be held on the Client’s behalf with a Financial Institution located in a jurisdiction other than Mauritius. The legal and regulatory regime applying to any such person may be different from that of Mauritius and in the event of a bankruptcy and/or insolvency and/or any other equivalent act and/or omission and/or failure of that person as to the management of the Client’s money, the Client’s money may be treated in accordance with the rules and laws of such foreign jurisdiction and such treatment might differ from the treatment which would apply if the money was held in a segregated account in Mauritius. The Company will not be liable for such a bankruptcy and/or solvency and/or any other equivalent act and/or omission and/or failure of that Finncial Institution and/or acts or omissions of any other third person similar to Financial Institutions.

26.7. The third party to whom the Company may pass money may hold it in an omnibus account and it may not be possible to separate it from the Client’s money, or the third party’s money. In the event of the insolvency, or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.

26.8. The third party to whom the Company may pass money may hold it in an omnibus account and it may not be possible to separate it from the Client’s money, or the third party’s money. The Client acknowledges that where such an account is frozen for any given period and for any given reason the Company shall bear no responsibility if Client’s funds are also frozen.

26.9. The Client agrees that, in the event that there has been no activity in the Client Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items), the Company may release any Client’s money balances from the segregated account in accordance with Applicable Regulations.

26.10. The Company shall have a general lien on all funds held by the Company or its Affiliates or its nominees on the Client’s behalf until the satisfaction of his obligations.

26.11. The Company will carry out reconciliations of records and Client money with the records and accounts of the money the Company holds in segregated client accounts on a daily basis. If a transfer is required to or from the segregated client account this will be done by the close of business on the day that the reconciliation is performed. The Company has the right, but not an obligation, to carry out reconciliations and transfers more frequently, if it considers that this is necessary to protect the Company’s or a Client’s interests.

26.12. Profit or loss in the currency of the Client Account is deposited in/withdrawn from the Client Account once the Transaction is closed.

27. Communications and Written Notices

27.1. Unless otherwise provided in this Agreement, any notice, instruction, request or other communication to be given to the Company by the Client under the Agreement shall be in writing and shall be sent to the Company’s address below (or to any other address which the Company may from time to time specify to the Client for this purpose) by email, facsimile, post if posted in Mauritius, or airmail if posted outside Mauritius, or commercial courier service and shall be deemed delivered only when actually received by the Company.

The Company

The Cyberati Lounge, C/o Credentia International Management Ltd, Ground Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201 Ebène, Republic of Mauritius

T: +230 467 2000 | F: +230 467 7456

27.2. In order to communicate with the Client, the Company may use any of the following:

1. Email;
2. Online Trading System internal mail;
3. Facsimile transmission;
4. Telephone;
5. Post;
6. Commercial courier service;
7. Air mail; or
8. Website.

27.3. Any communications sent to the Client (documents, notices, confirmations, statements etc.) are deemed received:

1. If sent by email, within one hour after emailing it;
2. If sent by Online Trading System internal mail, immediately after sending it;
3. If sent by facsimile transmission, upon receipt by the sender of a transmission report from its facsimile machine confirming receipt of the message by recipient’s facsimile machine during the business hours at its destination;
4. If sent by telephone, once the telephone conversation has ended;
5. If sent by post, seven calendar days after posting it;
6. If sent via commercial courier service, at the date of signing of the document on receipt of such notice;
7. If sent by air mail, eight Business Days after the date of their dispatch;
8. If posted on the Website, within one hour after it has been posted.

27.4. In order to communicate with the Client the Company will use the contact details provided by the Client whilst opening the Client Account or updated in accordance with clause 27.5.

27.5. The Client has an obligation to notify the Company immediately of any change in the Client’s contact details.

27.6. Any communication sent to the Client at the Client’s or Authorised Person’s address or telephone number, as given to the Company from time to time, shall constitute personal delivery to the Client and the Client hereby waives all claims resulting from failure to receive such communication.

27.7. The methods of communication specified in clause 27.2. is also considered a Written Notice.

27.8. Faxed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute conclusive evidence of such faxed instructions.

28. Complaints and Trading Errors

28.1. A client wishing to report a complaint should send an email with a description of the incident, the date it occurred, and any supporting documentation to complaints_mu@centuryfinancial.co.

28.2. Upon receipt of a valid complaint, a written acknowledgment e-mail will be sent to the client within three (3) business days. This Acknowledgement e-mail will further notify the Client of the unique reference number (URN) which must be used in all future contact with the Company regarding the specific complaint.

28.3. The Company will investigate the Client’s complaint with the aim of reaching a final resolution of any issue in a timely manner, with a maximum of thirty (30) calendar days from the initial complaint receipt.

28.4. The Client has the choice to proceed with further handling of complaint by conducting the Office of Ombudsperson for Financial Services at https://ofsmauritius.govmu.org/ofsmauritius or an alternative dispute resolution mechanism as described in the Complaints Handling Policy available on the Website.

28.5. The Client’s right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above. Trading Errors

28.6. The Client must inform the Company about any trading error within 24 hours from the error time; otherwise the Company will not be able to investigate the error. The Company will reply within the next 48 hours after receiving the request.

28.7. Any trading error coming from the Company will be amended.

28.8. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice.

29. Language and Website

29.1. The Company’s official language is the English language, and the Client should always read and refer to the Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English is for informational purposes only and do not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.

30. Online Trading Systems, Mobile Trading Service and Safety

30.1. The Company through the Online Trading System permits the holder of one or more Client Accounts with the Company to have access to one or more terminals, one or more online trading platforms, through the Client’s internet browser, for the electronic transmission of Order/Request(s) and/or Transactions, for the Client’s account(s) held with the Company.

30.2. ‘Mobile Trading Service’ includes all software and communication links, or any of its functions, downloaded onto the Client’s mobile device and the Client agrees to use to use the Mobile Trading Service solely for the purpose of accessing their Client Account(s) via the mobile device.

30.3. The Client is entitled to use its Access Codes within the Online Trading System and/or Mobile Trading Service, in order to give orders for Transactions, through the Client’s compatible personal computer connected to the internet on the Online Trading System and/or Mobile Trading Service, and the Company has the right to reset those Access Codes for security purposes, if the account(s) has been inactive for a certain period of time.

30.4. The Client will not proceed and avoid proceeding in any action that may allow the irregular or unauthorized access or use of the Online Trading System and/or Mobile Trading Service. The Client accepts and understands that the Company reserves the right, at its discretion, to terminate or limit his access to the Online Trading System and/or Mobile Trading Service or part thereof if the Company suspects that he allowed such irregular or unauthorized access or use.

30.5. When using the Online Trading System and/or Mobile Trading Service the Client will not, whether by act or omission, do anything that will or may violate the integrity of the Company’s computer system or Online Trading System or cause such system(s) to malfunction.

30.6. The Client is solely responsible for providing and maintaining the equipment necessary to access and use the Online Trading System and/or Mobile Trading Service.

30.7. The Client is permitted to store, display, analyse, modify, reformat and print the information made available to him through the Website or Online Trading System. The Client is not permitted to publish, transmit, or otherwise reproduce that information, in whole or in part, in any format to any third party without the Company’s express written consent. The Client must not alter, obscure or remove any copyright, trademark or any other notices that are provided in connection with the information. The Client represents and warrants that he will not use the Online Trading System and/or Mobile Trading Service in contravention of this Agreement, that he will use such system or service only for the benefit of his Client Account and not on behalf of any other person, and that he will not use (or allow another person to use) any software, program, application or other device, directly or indirectly, to access or obtain information through the Online Trading System or automate the process of accessing or obtaining such information.

30.8. The Client shall not (and shall not permit any third party) to copy, use analyse, modify, decompile, disassemble, reverse engineer, translate or convert any software provided to the Client in connection with the use of the Online Service and/or Mobile Trading Service or distribute the software or the Online Service and/or Mobile Trading Service to any other third party, and agrees not to provide third party training or to use the Online Service and/or Mobile Trading Service as a service bureau for any third parties.

30.9. The Client agrees to keep secret and not to disclose any Access Data to any person other than the Authorised Person.

30.10. The Client should not write down his Access Codes. If the Client receives a written notification of his Access Codes, he must destroy the notification immediately.

30.11. The Client agrees to notify the Company immediately if he knows or suspects that his Access Data has or may have been disclosed to any unauthorised person, or that there was any loss, theft or unauthorized use of his password or login number. The Company will then take steps to prevent any further use of such Access Data and will issue the with replacement Access Data. The Client will be unable to place any Orders until he receives the replacement Access Data.

30.12. The Client agrees that he will co-operate with any investigation the Company may conduct into any misuse or suspected misuse of his Access Data.

30.13. The Client accepts full responsibility for monitoring its Client Account(s) activities and agrees to immediately notify the Company in writing when he becomes aware of any failure to receive accurate information for his account(s) balances, position/transaction(s), or transaction history or of any other reason whatsoever.

30.14. The Client acknowledges that from time to time, and for any reason including but not limited to maintenance services, the Online Service and/or Mobile Trading Service may not be operational or may be otherwise unavailable for the Client’s use and that he has alternative arrangements which will remain in place for the transmission and execution of the Client’s order/request(s), in the event that for any reason, circumstances prevent the transmission and execution of all, or any portion of the Client’s order/request(s) through the Online System and/or Mobile Trading Service.

30.15. The Client acknowledges and accepts that the Company has the right to restrict any access to its electronic systems where it deems appropriate, for the smooth operation of its electronic systems as well as to protect other clients’ interests and its own. The Client will only be entitled to access the Company’s electronic systems and enter into dealings for his own internal business use on a non-exclusive, non-transferable basis.

30.16. The Client agrees that he will be liable for all Orders given through and under his Access Data and any such Orders received by the Company will be considered as received from the Client.

30.17. The Client acknowledges that the Company bears no responsibility if unauthorized third persons have access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.

31. Electronic Signature

31.1. The Client consents and agrees that the use of an electronic signature under the Electronic Transactions Act 2000, constitutes the Client’s signature, and has legal effect and will be admissible as evidence in legal proceedings in Mauritius.

31.2. At the Company’s sole discretion, documents signed and transmitted online may be accepted and considered to have the same binding effect as an original signature on an original document.

31.3. The Client consents to receive the information and agreements or any other document electronically, and agreements electronically signed will be seen as electronic contracts, which have been freely entered into.

32. Force Majeure

32.1. A Force Majeure Event includes without limitation each of the following:

1. Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity, economic or political crisis;
2. Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster;
3. Labour disputes and lockout;
4. Suspension of trading on a market, or the fixing of minimum or maximum prices for trading on a market, a regulatory ban on the activities of any Party (unless the Company has caused that ban), decisions of state, regulatory or administrative authorities, governing bodies of self- regulating organizations, decisions of governing bodies of organized trading platforms;
5. The occurrence of an excessive movement in the level of any Financial Instrument and/or the Underlying Market or the Company’s anticipation (acting reasonably) of the occurrence of such movement;
6. A financial services moratorium having been declared by appropriate regulatory authorities or any other acts or regulations of any regulatory, governmental, or supranational body or authority;
7. Breakdown, failure or malfunction of any electronic, network and communication lines (not due to the bad faith or wilful default of the Company), hacker attacks and other illegal actions against our servers and Online Trading System;
8. Any act, event or occurrence (including without limitation any strike, riot or commotion, interruption or power supply) which, in the Company’s opinion, prevents it from maintaining an orderly market in one or more of the investments in respects of which the Company ordinarily deal in Financial Instruments;
9. Any event, act or circumstances not reasonably within the Company’s control and the effect of that event(s) is such that the Company is not in a position to take any reasonable action to cure the default;
10. The suspension, liquidation or closure of any market or the abandonment or failure of any event to which the Company relates its Quotes, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event.

32.2. In the event of a Force Majeure Event, an affected Party must notify the other Party of the circumstances and of the events beyond its reasonable control within 2 Business Days. If the Company determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other rights under the Agreement) the Company may without prior Written Notice and at any time take any or all of the following steps:

1. Increase Margin requirements without notice;
2. Close out any or all Open Positions at such prices as the Company considers in good faith to be appropriate;
3. Suspend or modify the application of any or all terms of the Agreement to the extent that the Force Majeure Event makes it impossible or impractical for the Company to comply with them;
4. Take or omit to take all such other actions as the Company deems to be reasonably appropriate in the circumstances with regard to the position of the Company, the Client and other clients;
5. Shut down the Online Trading System in case of malfunction for maintenance or to avoid damage.
6. Refuse to accept Orders from Clients.
7. Increase Spreads.
8. Decrease leverage
9. Alter the time for trading of a particular Financial Instrument.

32.3. Except as expressly provided in this Agreement, the Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under this Agreement where such failure, interruption or delay is due to a Force Majeure Event.

33. Time of essence

33.1. Time is of the essence in the performance of the Client’s obligations under this Agreement.

34. Default

34.1. Each of the following constitutes an “Event of Default”:

1. The failure of the Client to provide any Initial Margin and/or Hedged Margin, or other amount due under the Agreement;
2. The failure of the Client to perform any obligation due to the Company;
3. If an application is made in respect of the Client pursuant to the Mauritius Insolvency Act 2009 or any equivalent legislation in another jurisdiction or a receiver, receiver-manager, trustee, administrator, liquidator or similar officer is appointed, (or if a partnership, in respect of one or more of the partners) or if the Client makes an arrangement or composition with the Client’s creditors or any procedure which is similar or analogous to any of the above is commenced in respect of the Client;
4. Where any representation or warranty made by the Client in clause 38 is or becomes untrue;
5. The Client is unable to pay the Client’s debts when they fall due;
6. The Client or its Authorised Person has behaved in an abusive or threatening manner towards the Company’s staff;
7. The Company reasonably believes that the Client has changed physical location without notifying the Company of such change;
8. The Client (if the Client is an individual) dies or is declared absent or becomes of unsound mind;
9. The Company reasonable determines that the Client is no longer eligible to perform the activities in account(s);
10. Any other circumstance where the Company reasonably believes that it is necessary or desirable to take any action set out in clause 34.2;
11. The property deposited as collateral is determined by the Company in its sole discretion, regardless of current market quotations, to be inadequate to property secure the Client Account(s);
12. The Client breaches any of the terms of this Agreement;
13. An action set out in clause 34.2 is required by a competent regulatory authority or body or court;
14. In cases of material violation by the Client of the requirements established by legislation of the Republic of Mauritius or other countries, such materiality determined in good faith by the Company;
15. If the Company suspects that the Client is engaged into money laundering activities or terrorist financing or other criminal activities;
16. In the event that the Client is engaged into Scalping or Pip-Hunting.

34.2. If an Event of Default occurs the Company may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:

1. Terminate this Agreement immediately without prior notice to the Client;
2. Close out all or any of the Client’s Open Positions at current Quotes;
3. Debit the Client Account(s) for the amounts which are due to the Company;
4. Close any or all of the Client Accounts held with the Company;
5. Combine Client Accounts, consolidate the Balances in such Client Accounts and to set off those Balances;
6. Refuse to open new Client Accounts for the Client;
7. Convert any currency;
8. Sell any or all of property held by the Company on behalf of the Client free from any right of redemption;
9. Buy any securities, Financial Instruments or other property for the Client’s account(s);
10. Cancel any outstanding order/request(s) and commitments made by the Company for the Client;
11. Restrict the Client’s trading activity;
12. Temporarily or permanently bar access to the Online Trading System or suspend or prohibit any functions of the Online Trading System;
13. Take legal action for any losses suffered by the Company.

34.3. It is understood that prior demand or call or prior notice of the time and place of such sale or purchase shall not be a waiver of the Company’s right to sell or buy without demand or notice as herein provided.

34.4. The Company, in its sole discretion, reserves the right to change the leverage applied to Client’s accounts, provided that, at the time of the conclusion of the Transaction(s), the Client has deliberately and/or systematically based on his trading strategy or other probable behaviour with an attempt to exploit the ability of using Margin for trading, with the aim to increase the potential return of an investment, while such an activity automatically increases the level of risk and the possibility of a loss.

34.5. It is possible that errors may occur in the prices for Financial Instruments quoted by the Company or service providers due to specific market circumstance or system malfunctions, including but not limited to errors in feeds received from data providers, counterparties, illiquidity or any other reason. In such circumstances, without prejudice to any rights it may have under Mauritius Law, the Client agrees that the Company shall not be bound by any contract which purports to have been made (whether or not confirmed by the Company) at a price which:

1. The Company is able to substantiate to the Client that was manifestly incorrect at the time of the Transaction; or
2. Was or ought to have reasonably been known by the Client to be incorrect at the time of the Transaction.

34.6. In the above mentioned cases the Client accepts that the Company reserves the right to either cancel the Transaction altogether or correct/modify the erroneous price at which the transaction(s) was executed to the price at which the Company hedged the transaction or correct the erroneous price alternatively to the fair market value of the price, as determined by the Company, in its sole discretion, at the time such error occurred.

35. Termination

35.1. Each Party may terminate this Agreement with immediate effect by giving Written Notice to the other Party.

35.2. Termination by any Party will not affect any obligation which has already been incurred by either Party in respect of any Open Position or any legal rights or obligations which may already have arisen under the Agreement or any Transactions and deposit/ withdrawal operations made there under.

35.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation):

1. All outstanding fees, charges and commissions and any other amounts payable to the Company;
2. Any dealing expenses incurred by terminating the Agreement and charges incurred for transferring the Client’s investments to another investment dealer;
3. Any losses and expenses realised in closing out any Transactions or settling or concluding outstanding obligations incurred by the Company on the Client’s behalf;
4. Any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement;
5. Any damages which arose during the arrangement or settlement of pending obligations.

35.4. Upon Termination the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.

35.5. Upon Termination the Company reserves the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances, close the Client Account.

35.6. Upon termination of this Agreement, the Company will be entitled without prior notice to the Client to cease to grant the Client access to the Online Trading System and/or Close the Client Account and/or convert any currency and/or suspend or freeze or close any Open Positions or reject Orders.

35.7. Upon Termination if there is Balance in the Client’s favour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any nominee or/ and any custodian to also pay any applicable amounts. Such funds shall be delivered in accordance with the Client’s Instructions, but the Company has the right to refuse transfer of the funds to a third party.

36. Business Introducer

36.1. In cases where the Client is introduced to the Company through a third party (“Business Introducer”), the Client acknowledges that the Company is not responsible or accountable for the conduct and/or representations of the Business Introducer or its associated persons.

36.2. Client agrees to waive to indemnify and hold the Company harmless for any actions or omissions of the Business Introducer or its associated persons.

36.3. Client acknowledges and confirms that the Company is not bound by any separate agreements entered into between the Client and the Business Introducer.

36.4. The Client acknowledges and confirms that the Company has the right to provide the Introducer with the information related to the transactions of the Client’s account(s), as far as reasonably necessary to facilitate the introduction.

36.5. The Client acknowledges and confirms that his agreement or relationship with the Business Introducer may result in additional costs, since the Company may be obliged to pay commissions, fees or charges to the Business Introducer.

36.6. The Client acknowledges and confirms that the Business Introducer is authorized to have limited access (“View Only”) to one or more terminals, including terminal access through Internet browser, so as to electronically observe the activities of the Client Account. The Client acknowledges and consents to the Company providing the Business Introducer with the number of Lots closed by Client during the specific month/period, in order to process any commission rebates due to the Business Introducer.

36.7. The Client acknowledges that the Business Introducer is not a representative of the Company nor is he authorised to provide any guarantees or any promises with respect to the Company or its services.

37. Limitations of Liability and Indemnity

37.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.

37.2. The Company shall not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:

1. Any error or failure in the operation of the Online Trading System;
2. Any delay caused by the Client Terminal;
3. Transactions made via the Client Terminal or by telephone;
4. Any failure by the company to perform any of its obligations under the agreement as a result of Force Majeure Event or any other cause beyond its control;
5. The acts, omissions or negligence of any third party;
6. Any person obtaining the client’s Access Codes that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Codes;
7. All Orders given through and under the Client’s Access Data;
8. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
9. A delay transmitting any order for execution;
10. The solvency, acts or omissions of any third party referred to in this clause 37.7;
11. If a situation of clause 37.8. arises;
12. Currency risk;
13. Slippage;
14. Any of the risks relating to CFDs trading materialises;
15. Any changes in the rates of tax.

37.3. If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.

37.4. The Company shall in no circumstances be liable to the Client for any consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements, attorneys’ fees and expenses and any fines or penalties imposed by any governmental agency, contract market, exchange, clearing organization or other self-regulatory body), costs or expenses the Client may suffer in relation to the Agreement.

37.5. Without limiting the generality of the foregoing, the Client agrees to reimburse the Company on demand for any costs of collection incurred by the Company in collecting any sums owing by the Client under this Agreement and any cost incurred by the Company, including legal action/proceedings, in defending against any claims asserted by the Client, including all attorney’s fees, interest and expenses.

37.6. The Client agrees and acknowledges that he is liable for his own costs/expenses, unless directed otherwise by any court of law and/or regulatory body.

37.7. Trading operations using additional functions of the Client Terminal such as Trailing Stop and/or Expert Advisor are executed completely under the Client’s responsibility, as they depend directly on his Client Terminal and the Company bears no responsibility whatsoever.

37.8. Placing a Stop Loss Order will not necessarily limit losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price and the Company bears no responsibility whatsoever.

38. Representations and Warranties

38.1. The Client represents and warrants to the Company the following:

1. The information provided by the Client to the Company in the Application Form and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic;
2. The Client will provide the Company with any new information and/or any changes to the information given by him to the Company as soon as such new information or change is or ought to be at his knowledge;
3. The Client has read and fully understood the terms of the Agreement including the information in any appendix;
4. The Client is duly authorised to enter into the Agreement, to give Instructions and Requests and to perform its obligations thereunder;
5. The Client acts as principal and not as an agent, representative, trustee or custodian of another person;
6. The Client is the individual who has completed the Application Form or, if the Client is a company, the person who has completed Application Form on the Client’s behalf is duly authorised to do so;
7. The client (if an individual) is of the age of majority in their country of residence, of sound mind, and duly authorized to open the account(s) and the client (if an entity) is validly existing and empowered to enter into this Agreement and to effectuate transactions in Financial Instruments as contemplated hereby;
8. All actions performed under the Agreement will not violate any law or rule applicable to the Client or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds are affected;
9. There are no restrictions, conditions or restraints by Central Banks or any governmental, regulatory or supervisory bodies, regulating Client’s activities, which could prevent or otherwise inhibit the Client entering into, or performing in accordance with this Agreement and/or under any transaction which may arise under them;
10. There are no pending or, to the best of the Client’s knowledge, any legal proceedings before any court, arbitration court, governmental body, agency or official or any arbitrator that purports to draw into question, or is likely to affect, the legality, validity or enforceability against him of this Agreement and any transaction which may arise under them or the Client’s ability to perform his obligations under this Agreement and/or under any transaction which may arise under them in any material respect;
11. The Client funds are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing;
12. There are no restrictions on the markets or instruments in which any Transactions will be sent for execution, depending on the Client’s nationality or religion;
13. The documents handed over by the Client are valid and authentic;
14. The Client has chosen the particular type of service and financial instrument, taking his total financial circumstances into consideration which he consider reasonable under such circumstances;
15. The Client has declared in the Application Form whether he is a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement he becomes a Politically Exposed Person.

38.2. In case the Client is in breach of clause 38.1, in addition to any other rights and remedies available to the Company, the Company has the right to render any position voidable or to close out any or all positions at the current Quotes at any time.

39. Conflicts of Interest

39.1. The Client acknowledges that when the Company deals with or for the Client, the Company, its Affiliates or other persons connected with them may have an interest, relationship or arrangement that is material in relation to any Transactions of the Client effected under this Agreement or that conflict with the interests of the Client. Such situations include without limitation the following examples:

1. When the Company is acting as a principal, the Company will be acting as the Client’s counterparty and hence the Company may be placed in such a position that a conflict of interest situation with the Client is created.
2. When dealing in CFDs as a principal, the Company will be selling to or buying the CFD from the Client and may hold Long or Short Position.
3. The Company may match the Client’s Transaction with that of another client by acting on such other client’s behalf as well as on the Client’s behalf.
4. The Company may provide investment advice and other investment services to other clients whose interests may be in conflict or in competition with the Client’s interests.
5. The Company, its Affiliates and the employees of any of them may take positions opposite to the Client or may be in competition with the Client to acquire the same or a similar position.

39.2. The Company as a principal may enter into offsetting Financial Instruments for its own account with other counterparties and such offsetting may result that prices offered by the Company to the Client may differ from that quoted to the Company by other counterparties. The Company is under no obligation to disclose such price(s) to the Client.

39.3. By entering into this Agreement the Client consents that the Company shall have no liability for failure to execute Order/Request(s) and that the Company makes no representations, warranties or guarantees of the Client’s Order/Requests’ s priority over the Order/Request(s) of other clients.

39.4. By entering into this Agreement the Client consents to the Company dealing with or for the Client in any manner which the Company considers appropriate, despite any conflict of interest or the existence of any material interest in a Transaction, without prior reference to him.

39.5. The Company will not deliberately favour any person or other client over the Client but will not be responsible for any loss, which may result from conflict or competition between them.

39.6. Under Applicable Regulations, the Company is required to take all reasonable steps to detect and avoid conflicts of interest situations. A summary of the policy is found in the “Conflicts of Interest Policy”, attached in Appendix III.

40. Client Acknowledgements of Risk and Consents

40.1. The Client unreservedly acknowledges and accepts that:

1. Trading in CFDs is not suitable for all members of the public and the Client runs a great risk of incurring losses and damages as a result of trading in CFDs and accepts and declares that he is willing to undertake this risk. The damages may include loss of all his money and also any additional commissions and other expenses.
2. CFDs carry a high degree of risk. The gearing or leverage often obtainable in CFDs trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small movement can lead to a proportionately larger movement in the value of the Client’s investment, and this can work against him as well as for him. CFDs Transactions have a contingent liability, and the Client should be aware of the implications of this in particular the margining requirements.
3. Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the future contracts so that transactions are ‘leveraged’ and ‘geared’. By a small market movement the Client may sustain a total loss of initial margin funds and any additional funds deposited with the Company to maintain the Client’s Open Position/Transaction(s) and if the market moves against the Client or margin levels are increased, the Client may be called upon to pay substantial additional funds on short notice to maintain the Client’s open position/transaction(s).
4. Foreign exchange can be highly volatile and transactions therein carry a substantial risk of loss. The Client’s risk exposure increases if the Client’s transactions are denominated in a foreign currency or in a basic currency.
5. Trading on an Online Trading System and/or Mobile Trading Service carries risks:
6. Access to Online Trading System and/or Mobile Trading Service or any portion thereof may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reason.
7. The Company or its service provider(s) does not warrant that access to or use of the Online Trading System and/or Mobile Trading Service will be uninterrupted or error free or that the Online Trading System or Mobile Trading Service will meet any particular criteria of performance or quality.
8. Neither the Company nor any of its directors, officers, employees, agents, contractors, Affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services do not make any warranty as to the results that may be obtained from the use of the Online Trading System and/or Mobile Trading Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service or transaction provided through the Online Trading System and/or Mobile Trading Service.
9. The Company or anyone else involved in creating, producing, delivering or managing the Online Trading System shall, under no circumstance including negligence, be liable for any direct, indirect, special or consequential damages that result from the use of or inability to use the Online Trading System and/or Mobile Trading Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits.
10. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Trading System and/or Mobile Trading Service and shall be liable for any loss or damage arising from or occasioned by any inaccuracy, error, delay, omission, non-performance, interruption in any such data, information or message due to either to any negligent act or omission or to any condition of force majeure or any other cause, whether or not within the Company or any service provider’s control.
11. The Company is not liable for any losses, lost opportunities or increased costs, increased commissions etc. that may result from the Client’s inability to use the Online Trading System and/or Mobile Trading Service to place Order/Request(s) for transactions, receive confirmation fortransaction or access information, or from the execution of Order/Request(s) made by the Client.
12. Liability of the Client under this Agreement shall not, in any circumstance, be limited or mitigated by any failure of the Company to provide training, training material or updates, or notice of change to the trading terms and conditions.
13. The Online Trading System and/or Mobile Trading Service is not directed at or intended to be used by any jurisdiction or country where such use and/or distribution would be contrary to local law and/or regulation. It is the Client’s responsibility to ensure that using the Online Trading System and/or Mobile Trading Service would not be in a breach with any local law or regulation to which the Client is a subject to.

40.2. The Client agrees and understands that:

1. He will not be entitled to delivery of, or be required to deliver, the Underlying Asset, nor ownership thereof or any other interest therein;
2. No interest shall be due on the money that the Company holds in his Client Account;
3. When trading in CFDs the Client is trading on the outcome of the price of an Underlying Asset (e.g. currency or metal or commodity) and that trading does not occur on a regulated market but Over-The-Counter (OTC).

40.3. The Client consents to the provision of any updated information by means of the Website.

40.4. The Client confirms that he has regular access to the internet and consents to the Company providing him with information, including, without limitation, information about amendments to the terms and conditions, costs, fees, this Agreement, policies and information about the nature and risks of investments by posting such information on the Website.

40.5. The Client acknowledges that the Company does not provide advice of any kind and that all promotions, research, market letters, or other information (collectively, ‘Market Information’) provided to the Client by the Company does not constitute as advice of any kind and the Client assumes own risk of relying on Market Information for any decisions made, and hereby indemnifies and holds the Company harmless from all claims, demands, losses, damaged, or expenses that may incur as a result of the Client’s use of such information or any other information.

40.6. All transactions affected for the Client’s account(s) and all fluctuations in the market prices of the Financial Instruments carried in the Client’s account(s) are at the Client’s sole risk and he shall be the solely liable under all circumstances at any given time. By executing of this Agreement, the Client warrants that the Client is willing and financially able to sustain any such losses.

40.7. The Company shall not be liable to the Client for the loss of any margin deposits which is the direct or indirect result of the bankruptcy, insolvency, liquidation, receivership, custodianship or assignment for the benefit of creditors of any bank, another clearing broker, exchange, clearing organization or similar entity.

40.8. In the event of a mistype of a quote or a misquote might be given by telephone and/or electronic means, the Company will not be held liable for any resulting errors that may be displayed in the Client’s account(s) and reserves the right to make necessary corrections or adjustments with respect to the account(s) involved.

41. Amendment

41.1. The Client acknowledges and accepts to be bound by the provisions of this Agreement and any amendment or variation thereof duly effected in accordance with the provisions of this Agreement. The Client further acknowledges and agrees that the first transaction in any of the Client Account(s) initiated by the Client, following a change to the terms and conditions of this Agreement, shall constitute the Client’s acceptance of the change as of the effective date of the amendment and such initiation and the subsequent execution of such transaction by the Company shall constitute reciprocal good consideration for such amendment, the sufficiency of which is hereby acknowledged and agreed by the Client and the Company respectively.

41.2. Unless otherwise provided in this Agreement, the Company has the right to amend the terms of the Agreement at any time giving to the Client at least two Business Days’ Written Notice prior to such changes. Any such amendments will become effective on the date specified in the notice. The Client acknowledges that a variation which is made to reflect a change of law or regulation may, if necessary, take effect immediately.

42. Customer Acknowledgments and Signature:

The Client hereby understands, and consents and agrees to all of the terms and conditions of, the Agreement. The Client acknowledges that trading in CFDs involves a high degree of risk and is appropriate only for persons who can assume risk of loss in excess of their margin deposits.

Conflicts of Interest Policy

Version 1.0 – January 2025

1. POLICY OBJECTIVE

This Conflicts of Interest Policy (“the Policy”) is issued in accordance with the applicable legislation of Mauritius, including (but not limited to) the Financial Services Act 2007, the Code of Business Conduct issued under section 7(1)(a) of the Financial Services Act 2007, and other relevant regulations. Century Financial Limited (“the Company”) is committed to taking all reasonable steps to identify, manage, and avoid conflicts of interest within its operations and organizational structure. In accordance with the principles set forth in the applicable Mauritius legislation, the Company is dedicated to acting honestly, fairly, and professionally, always in the best interests of its Clients.

This Policy outlines the Company’s approach to identifying and managing conflicts of interest that may arise during the course of its normal business activities. It also identifies specific circumstances that could give rise to such conflicts.

The Conflicts of Interest policy includes the following:

1. Identification of Potential Conflicts of Interest: The Company identifies potential conflicts of interest that may arise during the provision of investment services and any related ancillary services. These conflicts could involve situations where the interests of the Company, its employees, directors, officers, or any related parties (“relevant persons”) conflict with the interests of the Client.
2. >Procedures for Managing Conflicts: The Company specifies procedures to be followed and measures to be adopted to manage such conflicts effectively.

2. CRITERIA OF IDENTIFYING CONFLICTS OF INTEREST

When the Company deals with or on behalf of the Client, the Company, an associate or some other person connected with the Company, may have an interest, relationship or arrangement that is material in relation to the transaction concerned or that conflicts with the Client’s interest. The Company hereby identifies and discloses a range of situations and circumstances which may give rise to a conflict of interest and potentially but not necessarily be detrimental to the interests of one or more Clients.

For the purpose of identifying the types of conflicts of interest that may arise in the course of providing investment services whose existence may damage the interest of a Client, the Company will take into account (whether the Company or a relevant person) any of the following situations:

1. The Company or a relevant person is likely to make a financial gain, or avoid a financial loss, at the expense of the Client;
2. The Company or a relevant person has an interest in the outcome of a service provided to the Client or of a transaction carried out on behalf of the Client, which is district from the Client’s interest in that outcome;
3. The Company or a relevant person has a financial or other incentive to favor the interest of another Client or group of Clients over the interests of the Client;
4. The Company or a relevant person carries on the same business as the Client;
5. The Company or a relevant person receives or will receive from a person other that the Client an inducement in relation to a service provided to the Client, in the form of monies, goods or services, other than the standard commission or fee for that service.

3. IDENTIFICATION OF CONFLICTS OF INTEREST

In particular, the Company defines a conflict of interest as any situation where either the Company or an individual is in a position to exploit a professional or official capacity in some way for either corporate or personal benefit.

While it is not feasible to define precisely or create an exhaustive list of all relevant conflicts of interest that may arise (as per the current nature, scale and complexity of the Company’s business), the following list includes circumstances which constitute or may give rise to a conflict of interest entailing a material risk of damage to the interests of one or more Clients, as a result of Services:

• The Company or a relevant person, or a person directly or indirectly linked by control to the Company, is likely to make a financial gain or avoid a financial loss, at the expense of the Client.
• The Company or a relevant person, or a person directly or indirectly linked by control to the Company, has an interest in the outcome of a service provided to the Client, or of the transaction carried out on behalf of the Client, which is distinct from the Client’s interest in that outcome.
• The Company or a relevant person, or a person directly or indirectly linked by control to the Company, has a financial or other incentive to favour the interest of another Client or group of Clients over the interests of the Client.
• The Company or a relevant person, or a person directly or indirectly linked by control to the Company, carries on the same business as the Client.
• The Company or a relevant person, or a person directly or indirectly linked by control to the Company, receives or will receive from a person other than the Client an inducement in relation to a service provided to the Client, in the form of money, goods or services, other than the standard commission or fee for that service.
• The Company may be matching the Client’s Order with that of another Client by acting on such other Client’s behalf as well as on the Client’s behalf.
• The Company may receive or pay inducements to or from third parties due to the referral of new Clients or Clients’ trading.
• The possible use or dissemination of confidential information derived from various business units of the Company.
• The direct or indirect investing or management carried out by any relevant person or the Company to Clients or accounts which invest in the same assets that may be also purchased or sold by other Clients.
• The Company may be the counterparty to its Clients’ positions (i.e. act as Principal) and therefore stands to profit if the Client loses.
• The Company trades its proprietary positions and at the same time has knowledge of Client’s future transactions via stop limit orders, as applicable.
• The remuneration scheme of employees/relevant persons which may be based on the Clients’ trading volumes or value of trades placed by retail clients.
• The remuneration of third parties where the interest of a Client conflicts with the interest of the third party.
• The persons producing investment research/marketing communication and other relevant persons, whose responsibilities to business interest may conflict with the interests of the persons to whom the investment research/marketing communication is disseminated.
• The Company is likely to sustain an overall financial loss or avoid a financial loss, by executing the Client’s specific order.
• The Company is likely to sustain an overall financial gain by not executing the Client’s specific order.
• The market moves to a direction of a point/timing when by executing Client’s order will result in a financial loss for the Company.
• The Company may face insider dealing and market manipulation risks and in order to mitigate the aforesaid, access to confidential information will be restricted to those who have proper requirement.

The affected parties if conflict of interest arises can be the Company, its employees or its Clients. More specifically, a conflict of interest may arise, between the following parties:

1. Between the Client and the Company.
2. Between two Clients of the Company.
3. Between the Company and its employees.
4. Between the Client of the Company and an employee/manager of the Company.
5. Between Company’s Departments.

4. REPORTING CONFLICTS OF INTEREST

Any employee who identifies a potential conflict of interest must immediately report it to their supervisor. The Conflict of Interest Notification Form, with full details, should be submitted to the Conflicts Officer and the Head of Compliance for review. These individuals will assess the situation and determine if corrective actions are necessary.

5. PROCEDURES AND CONTROLS FOR MANAGING CONFLICTS OF INTEREST

The Company has in place effective organisational procedures and control in order to manage and prevent any conflict of interest, including the following non-exhaustive list:

5.1. The Company has in place effective internal policies, measures and procedures to prevent or control the exchange of information between Related Persons engaged in activities involving a risk of a conflict of interest where the exchange of that information may harm the interests of one or more Clients;

5.2. Establishment of an in-house Compliance Function whose responsibilities include the monitoring and reporting possible conflict of interest to the Board of Directors.

5.3. Establishment of Information Barriers (Chinese Walls). The Company establishes information barriers, known as Chinese Walls, to prevent the inappropriate exchange of confidential information between departments. This ensures that sensitive information, particularly related to Client transactions, is not shared between departments that could lead to conflicts of interest.

5.4. Independence

The following measures have been adopted by the Company for ensuring the requisite degree of independence:

• Measures to prevent or control the exchange of information between relevant persons engaged in activities involving a risk of a conflict of interest (i.e. by establishing a Chinese wall).
• Separate supervision of relevant persons whose principal functions involve carrying out activities on behalf of, or providing services to, Clients whose interests may conflict, or who otherwise represent different interests that may conflict, including those of the Company.
• Removal of any direct link between the remuneration of relevant persons principally engaged with one activity and the remuneration of, or revenues generated by, different relevant persons principally engaged in another activity, where a conflict of interest may arise in relation to those activities.
• Measures to prevent or limit any person from exercising inappropriate influence over the way in which a relevant person carries out investment or ancillary services or activities. Additionally, the person who decides or influences an individual’s bonus may exert undue influence over that individual’s integrity of judgment.
• Measures to prevent or control the simultaneous or sequential involvement of a relevant person in separate investment or ancillary services or activities such as reception and transmission of Clients’ orders.

Where the Company is unable to ensure the complete segregation of duties due to its limited employee base, it has adequate compensating controls in place including the frequent review of an area by relevant senior managers and controls functions.

In case the adoption or the practice of one or more of the above measures and procedures does not ensure the requisite degree of independence, the Company is required to adopt such alternative or additional measures and procedures as are necessary and appropriate for those purposes.

5.5. Disclosure of conflict of interest

When the measures taken by the Company to manage conflicts of interest are not sufficient to ensure, with reasonable confidence that risks of damage to Clients’ interest will be prevented, the Company proceeds with the disclosure of conflicts of interest to the Client. Prior to carrying out a transaction or providing an investment or an ancillary service to the Client, the Company must disclose any actual or potential conflict of interest to the Client. The disclosure will be made in sufficient time and in a durable mean and shall include sufficient detail, taking into account the nature of the Client, to enable him to take an informed decision with respect to the investment or ancillary service in the context of which the conflict of interest arises. Clients will be given the opportunity to decide on whether or not to continue their relationship with the Company with no unreasonable obstacles.

When the disclosure shall be made: When the organizational or administrative arrangements made by the Company to prevent conflicts of interest from adversely affecting the interests of its client are not sufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented. The disclosure is a measure of last resort, to be used only in the aforementioned occasion. Over-reliance on this disclosure shall be considered a deficiency in the Company’s conflicts of interest policy.

How the disclosure shall be made: The disclosure shall be made in a durable medium, which also includes the provision of the disclosure through the Company’s website.

What information shall be included in the disclosure: The disclosure includes sufficient detail, taking into account the nature of the client, to enable that client to take an informed decision with respect to the service in the context of which the conflict of interest arises. This will be met when the disclosure includes at least the following:

• A specific description of the conflict of interest under question, taking into account the nature of the client to whom the disclosure is made. This clause shall not been seen as excluding the possibility of communicating the disclosure in the means of a durable medium to retail as well as to non-retail clients;
• Detailed explanation of the nature and/or sources of conflicts of interests, as well as the risks to the client that arise as a result of the conflict and the steps taken to mitigate these risks; and
• Clear statement that the organizational and administrative arrangements established by the Company to prevent or manage that conflict are not sufficient to ensure with reasonable confidence, that the risk of damage to the interests of the client will be prevented.

Declining to Act: If the Company determines that it is unable to manage a conflict of interest using one of the methods described above, the Company declines to act on behalf of the client concerned.

5.6. Record keeping

The Company keeps and regularly updates a record of the kinds of investment and ancillary service or investment activity carried out by or on behalf of the Company in which a conflict of interest entailing a material risk of damage to the interests of one or more Clients has arisen or, in the case of an ongoing service or activity, may arise. The following documentation shall be maintained for a minimum period of five years:

• this policy, any functional variations if applicable
• the Conflicts Log and the Conflicts Identification and Management Map;
• rules, procedures and processes;
• training material and training records;
• Conflicts of Interest Notification Forms;
• details of any review work carried out (including any decisions made on conflicts management); and
• any other documentation used to demonstrate the management of conflicts of interest.

5.7. Procedures

The Compliance Officer is responsible for maintaining the conflicts of interest policy. In this respect, the Compliance Officer ensures that all the Company’s personnel are aware of the Company’s conflicts of interest policy and can clearly identify circumstances that may give rise to conflicts of interest. The Compliance Officer is responsible to regularly review and update the policy.

In case any employee comes across with a situation that may give rise to a conflict of interest, the employee shall immediately report this to the Compliance Officer. The Compliance Officer determines, in consultation with the senior management, if a conflict of interest is present and take the necessary action to resolve it.

5.8. Responsibilities

The Company’s Board of Directors is responsible for clearly allocating responsibility and delegating authority to accountable individuals to ensure that those involved are aware of their involvement and that the Conflict Officer has a sufficient level of authority and independence in order to carry out their responsibilities effectively.

The Company’s Senior Management is required to:

• Fully engage in the implementation of policies, procedures and arrangements for the identification, management and ongoing monitoring of conflicts of interest;
• adopt a holistic view to ensure the identification of potential and emerging conflicts within and across business lines and to ensure that informed judgements are made with respect to materiality;
• raise awareness and ensure compliance of relevant individuals by ensuring regular training (including to contractors and third party service providers’ staff) both at induction and in the form of refresher training; the clear communication of policies, procedures and expectations; that awareness of conflicts procedures forms part of the performance review/appraisal process, and that the best practice is shared throughout the Company.
• sponsor robust systems and controls and effective regular reviews to ensure that strategies and controls used to manage and mitigate risks remain appropriate and effective and that appropriate warnings and disclosures are issued to Clients where necessary;
• utilize management information to remain sufficiently up-to-date and informed; and
• support an independent review of the processes and procedures in place.

Individuals are required to: identify new conflicts of interest arising out of the activities/services that they perform and engage in the process to notify line management upon identifying any potential conflict.

The Company’s Conflicts Officer is the Compliance Office who is responsible for the day-to-day management of the implementation of this policy. In particular, he, or his delegate, is responsible for:

• establishing the policy in relation to conflicts of interest;
• providing training oversight and aid;
• monitoring compliance with arrangements;
• the oversight of conflicts management;
• maintaining records in relation to conflicts of interest;
• reviewing and challenging the Conflicts Identification and Management Map; and
• providing appropriate internal reporting to the Board of Directors.

6. CLIENT’S CONSENT

By entering into a business relationship with the Company and accepting its Terms and Conditions, the Client agrees to this Conflicts of Interest Policy, including any updates made to it. If the Company is unable to manage a conflict of interest, it reserves the right to decline to proceed with the related transaction.

7. DISCLOSURE OF INFORMATION

If during the course of a business relationship with a client or group of Clients, the organizational or administrative arrangements/measures in place are not sufficient to avoid or manage a conflict of interest relating to that Client or group of Clients, the Company will disclose the conflict of interest before undertaking further business with the Client or group of Clients.

8. LANGUAGES

Language of communication between the Company and the Client shall be in English. All binding contractual documentation is available in English.

Upon its sole discretion the Company, may communicate with the Client in other language than English, however in case of any discrepancy between the meanings of any communications and/or meanings, or any other communications forming part of this Policy or any other agreements, information or communication in any other language, the meaning of the English Language version shall prevail.

The Company or third parties may provide Clients with translations of this Policy. The original English version shall be the only legally binding version. In case of discrepancies between the English version and other translations in the Client’s possession, the original English version provided by the Company on the website shall prevail.

9. REVIEW OF CONFLICTS OF INTEREST POLICY

The Company will review this Policy periodically, at least annually, to ensure its effectiveness and compliance with applicable regulations.

More information and/or questions regarding Conflict of interest can be provided upon request to support_mu@centuryfinancial.co.

Complaint Handling Policy

Version 1.0 – January 2025

1. INTRODUCTION

The Complaints Handling Policy (hereinafter “the Policy”) outlines the procedures followed when dealing with complaints received from Clients. Century Financial Limited (the “Company”) undertakes to maintain effective and transparent procedures for the reasonable and prompt handling of complaints received.

The Policy is an integral part of the Client Agreement and contains information on how the Company manages any complain which may arise in the course of business.

2. DEFINITION OF A COMPLAINT

A Client complaint is an expression of dissatisfaction by a client regarding the provision of investment and/or ancillary services by the Company. A complainant is any person, natural or legal person who is presumed to be eligible to have a complaint considered by a firm and who has already lodged a complaint.

This Policy is in addition to the Company’s overarching general obligation to act honestly, fairly and professionally and in the best interests of its Clients and to comply, in particular, with the principles set out in the relevant legislation when providing investment services and other ancillary services.

The Company may amend this Complaints Handling Policy, and the updated version will apply to you once published on our website. Please ensure that you check our website regularly.

3. SUBMISSION OF A COMPLAINT

In order to file a complaint, please send a description and the date the incident has occurred along with any supporting documentation to complaints_mu@centuryfinancial.co.

The Complaint must include the following information:

• The Client’s full name
• Trading account number
• The affected transaction numbers (if any)
• The date that the issue arose
• An accurate description of the issue
• The damage claimed by the complainant

4. ACKNOWLEDGEMENT OF COMPLAINT

When a valid complaint is received, the Company shall take into account the particular issues raised and the evidence provided by the Client. Upon receipt of a valid complaint, a written acknowledgment e-mail will be sent to the client within three (3) business days. This Acknowledgement e-mail will further notify the Client of the unique reference number (URN) which must be used in all future contact with the Company regarding the specific complaint.

5. HANDLING OF COMPLAINTS

The Company will investigate the Client’s complaint with the aim of reaching a final resolution of any issue in a timely manner, with a maximum of thirty (30) calendar days from the initial complaint receipt.

During the complaint investigation period, the Company may inform the Client of the handling process and request additional information and/or documentation (as necessary) for the full assessment of the said complaint.

The Company always aims to resolve complaints in an amicable and professional business manner.

6. FINAL DESCISION

When the Company reaches an outcome, it shall inform the Client together with an explanation of its position and any remedial measures the Company intends to take (if applicable).

Should the Client feel dissatisfied with the Company’s assessment and/or any settlement offer, the client has the right to refer the complaint to the Office of Ombudsperson for Financial Services.

Contact details of the Office of the Ombudsperson for Financial Services:

Address: 8th Floor, SICOM Tower, Wall Street, Ebene Cybercity 72201

Telephone number: (230) 460 0473/4

Fax number: (230) 468 6473

Email: ombudspersonfs@ofsmauritius.org