1. PARTIES of the CONTRACT
BP MEDIA GROUP LTD, Ajeltake road, Ajeltake Island, Majuro, MH96960, Marshall Island hereinafter referred to as the “Company”, and a person, who has accepted the terms and conditions of this agreement (hereinafter referred to as the “Contract”), as well as the conditions of Privacy Policy, Refund Policy, Payment Policy, AML & KYC Policy and any other additions to this Contract and abovementioned policies and completed the registration form, further referred to as the “Client”, have concluded this Contract for services on the website belonging to Company with address FXinvesting.com ©2015-2016 owned and operated by PeakMedia Group LTD(hereinafter referred to as the “Site”).

2.TERMS & INTERPRETATION OF TERMS
2.1. The terms defined in this Article have, for all purposes of this Contract, the meaning herein specified unless the context otherwise specifies or requires. The following definitions are equally applicable to both the singular and plural forms of any of the terms herein defined:
“Services” — mean a Company’s activity for providing Client with possibility to receive the information provided on the Site and reception and transmission of the Client’s orders to conduct Operations through the on Site platform.
“Operation” — means an action or actions related to Client’s purchase and/or selling of financial instruments information about which is available on the Site.
“Account” — means the data accumulated by Company having the specific details specified by Company to facilitate the availability of such data on the Site for Client and that allows to Client to monitor on the Site the Client’s Operations.
2.2. Any term used herein but not interpreted herein, shall have the meaning attributed thereto in the applicable law.
2.3. Headings of the Articles shall be used solely for reference and shall not affect the content and interpretation of this Contract.
2.4. Unless the context otherwise requires, the singular shall include the plural and vice-versa and either gender shall include the other.
2.5. Reference to any agreement between the Parties (including without limitation, this Contract) or to any other document, shall be deemed as reference to such agreement or document and to all agreements and documents which are declared by Company to be supplementary to them or to be attached thereto.

3. SUBJECT OF THE AGREEMENT
3.1. Subject of this Contract is to provide Services by Company to Client.
3.1.1. The Company’s Services includes the procuring of the access of Client to the Site and information platform located on the Site, support of Client by Company in relation to Services, procuring of analytics and news information.
3.1.2. Proceeding a payment on the Site, client makes a deposit in his account.
3.2. Hereby Client agrees that:
(i) — Company does not provide Client with any trust services for Client’s funds;
(ii) — Company does not provide Client with trading and any other recommendations in relation to the Operations performed by Client;
(iii) — Company reserves the right to transfer the Client’s orders to conduct Operations even if such Operation is or may be unprofitable for Client;
(iv) — Company is not liable for the results of the Clients’ Operations.
3.3. Hereby Client warrants that:
(i) — all provisions of this Contract were carefully read and accepted by the Client as terms that will define all conditions of Client-Company interaction;
(ii) — Client is the only authorized user of the Company’s Services and Client is irreplaceable subject of legal relations emerging from performance of this Contract by Client and Company;
(iii)- Client’s rights cannot be delegated, and obligations cannot be imposed on any other person;
(iv) — no person excluding Client has rights of action or obligations regarding Operations conducted by Client on the Site;
(v) — Client is not subject to any law or regulation which prevents his enter or performance of this Contract or any Operation;
(vi) — the information provided by Client to Company is complete, true, accurate and not misleading in any respect.

4. RIGHTS and OBLIGATIONS of the PARTIES
4.1. Client has a right:
4.1.1. to give Company an order to conduct Operations through the Site;
4.1.2. in case of absence of debt to Company or as a result of conducted Operations, to transfer to Company a demand to discharge Company’s obligations in favor of Client to the extent of amount of free funds, information about which is available on the Site in form of Account;
4.1.3. if any disputable situation occurs, to make a claim properly in official letter or by email to the details specified by Company on the Site.
4.1.4 .to terminate this Contract unilaterally, in case no debt to the Company exists.
4.2. Client is obliged:
4.2.1. to observe the provisions of this Contract when receiving Services and conducting of the Operations on the Site;
4.2.2. to be exclusively responsible for all actions or omission resulted from usage of usernames and passwords by Client or other third parties in relation to Client’s usernames and passwords for an access to the Site or platform on the Site;
4.2.3. to be exclusively responsible for all Client’s actions and omission, including the responsibility for the giving orders to conduct Operations on the Site;
4.2.4. to be solely responsible for the choice of strategy and consideration of possible risks from Operations or receiving of Services;
4.2.5. to be fully responsible for preserving confidentiality of information received from Company and to accept risk of possible financial loss of Client or Company resulted from unauthorized access to Client’s Accounts by the third parties;
4.2.6. to notify Company of any changes of Client’s contact details within seven (7) calendar days from the moment of such changes via official letter or email;
4.2.7. to register on the Site only one (1) Account. If it will be revealed that Client have multiple Accounts, the provision of Services will be canceled and further Services will not be performed. Company reserves the right to block all Client’s Accounts and Client’s funds contained therein will not be considered as Company’s obligation to withdrawal in favor of Client.
4.3. Company has a right:
4.3.1. if Client violates one or several provisions of this Contract to review value of the Company’s obligations to Client, with corrections being made to a relevant Client’s Operation register entry;
4.3.2. to suspend the provision of Services at any time and without any explanation to Client;
4.3.3. to terminate this Contract unilaterally. In such a case, Company shall notify Client by any available to Company means within three (3) business days from the date of termination of this Contract;
4.3.4. to change, add or set as default the option return rate, profit rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the of the assets. The company has the right to limit the maximum amount of purchased options for any time frame that appears on the trading platform (1 minute, 1 hour, 1 calendar day or any other);
4.3.5. to contact Client with any question concerning this Contract, particularly, in order to make certain in the Client’s intentions regarding Client’s actions on Client’s Accounts;
4.3.6. to modify, to add, to rename or to leave unchanged any sections, paragraphs and sub-paragraphs of this Contract, and Company is not obliged to notify Client regarding such changes;
4.3.7. if any objective causes exist, Company has a right to suspend the provision of Services to Client;
4.3.8. to modify the size of the value of the Company’s obligations in favor of Client, if the Operations made on the Site is not respected by this Contract;
4.3.9. to engage the third parties for service provision in accordance with this Contract, under the condition that they completely assume the Company’s obligations to keep all information received from Client as strictly confidential;
4.3.10. in regards to any circumstances and situations not covered by this Contract Company has a right to act at its own discretion in accordance to business customs and existing practice.
4.4. Obligations of Company:
4.4.1. in accordance to the provisions of this Contract to provide Client with Services on the Site;
4.4.2. in accordance to the provisions of this Contract, if no obligations on the Client’s part exist, on the Client’s request to discharge the Company’s financial obligations in favor of Client to the extent of amount of free funds on the Client’s Account;
4.4.3. to observe the provisions of this Contract.

5. APPLICABLE LAW
5.1. In the interpretation and enforcement of the provisions of this Contract the Parties shall be governed by the laws .
5.2.In regards to any disputes resulted from the performance of this Contract the Parties agrees with UK law-courts’ jurisdiction.
5.3. In case of a disputable situation being considered in accordance to the law , the language used for adjudication is English and the Parties have the right to use interrupter services during the trial and for preparation for the trial.

6. TERM of this CONTRACT and TERMINATION of this CONTRACT
6.1. This Contract is an official offer (public offer), and implies the intention of Company to conclude an agreement with any person who accepts all conditions hereof by the registration on the Site, except when the Services cannot be provided for technical, legal or other reasons according to the law applicable to this Contract and/or under the laws of any jurisdiction that applies to Client or Company. This Contract enters into force after the acceptance of this terms and conditions by Client.
6.2. This Contract is concluded by the Parties for an indefinite period and shall be deemed as terminated after full blocking of the Client’s Account.

7. INDEMNITY and LIABILITY
7.1. The Parties shall be held liable in accordance with the laws of the Republic of the Marshall Islands for the failure to perform or improper performance of their obligations under this Contract.
7.2. Client shall indemnify and keep indemnified Company and its directors, officers, agents, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by Company or any other third party and arising out of Client’s failure to fully and timely comply with its obligations set forth herein and/or out of the Company’s need to enforce such liabilities in respect to any act or omission by Client in the performance of his obligations hereunder, unless such liabilities result from gross negligence, willful default or fraud by Company. This indemnity shall survive termination of this Contract.
7.3. Company shall not be liable for any losses, expense, cost or liability incurred by Client in relation hereto, unless such losses, expense, cost or liability result from gross negligence, willful default or fraud by Company. Notwithstanding the provisions of Article 7.2 hereof, Company shall have no liability to Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with this Contract.
7.4. Company shall not be liable for any loss of opportunity as a result of which the value of the Client’s funds could have been increased or for any decrease in the value of the Client’s funds, regardless of the cause, unless such losses is directly due to gross negligence, willful default or fraud on the part of Company.
7.5. Company shall not be liable for any losses which are the result of misrepresentation of facts, error in judgment or any act done or which Company has omitted to do, whenever caused, unless such act or omission result from gross negligence, willful default or fraud by Company.
7.6. Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of Client or with or through whom transactions on behalf of Client are carried out.
7.7. Any reports, news, opinions and any other information which may be provided by Company to Client, aim to facilitate Client in making his own investment decisions and do not constitute personal investment advice. If Company is deemed, for any reason to provide any recommendation and/or advice, Client hereby agrees that any Operation affected either by adopting or ignoring any such recommendation and/or advice received from Company shall be deemed by Client as relying exclusively on Client’s own judgment and Company shall have no responsibility or liability.
7.8. Client acknowledges and agrees that he shall be exclusively responsible and liable for any investment strategy or Operation and he shall not rely on Company for any purpose and Company shall have no responsibility or liability whatsoever, irrespective of any circumstances, for any such investment strategy or Operation.
7.9. Client acknowledges and assumes (i) the risk of mistakes or misinterpretations in the Client’s orders sent through the on Site platform or mobile apps authorized by Company due to technical or mechanical failures of equipment or devices, (ii) the risk of delay or other problems with processing of the Client’s orders as well as (iii) the risk that the Client’s orders may be placed by unauthorized persons and agrees to indemnify Company in full for any loss incurred as a result of acting in accordance to such orders. Client accepts that during the reception and transmission of Client’s order, Company shall have no responsibility as to its content or the identity of the person placing the order, except for gross negligence, willful default or fraud by Company.
7.10. Client acknowledges that Company will not take action based on orders transmitted to Company using electronic means other than Client’s orders transmitted using the on Site platform or mobile apps authorized by Company, and Company shall have no liability towards Client for failing to take action based on such orders.
7.11. Company bears no responsibility for any actions or omissions of third parties nor does it bears any responsibility for any damage and/or losses and/or costs caused to Client and/or third party as a result of and/or in relation to any aforesaid action or omission.
7.12. Company is not responsible for any power cuts or failures that prevent the use of the on Site platform and/or the Site and/or mobile apps authorized by Company and cannot be responsible for not fulfilling any obligations under this Contract because of network connection or electricity failures.
7.13. Company is not responsible for the failures in the work of the post-office, Internet, communication networks, which occur for the reasons not depending on Company, and which have been followed by delayed receipt or failure to receive by Client any notices of Company.
7.14. Client hereby fully and irrevocably accepts all risks related to protection of funds, including without limitation unfavorable changes in the market conditions while investing into selected portfolio specified on the Site. Upon occurrence of events (risks) specified in this Article, the liability of Company is fully excluded.
7.15. Company doesn’t take any responsibility for actions or omission of the third parties who are carrying out banking, billing, or any other activity, similar to it, or other intermediary activity related to the support of banking or other accounts, billing or transfer of the Client’s funds.
Addition 1 to the Terms & Conditions

TECHNICAL TERMS AND CONDITIONS

1. Processing Client’s requests and orders for performance of Operation
1.1. Processing Client’s requests and orders has the following structure:
— after Client makes a request or order, the request is tested for its correctness in the on Site platform;
— the on Site platform sends the Client’s request or order to the server;
— after the Client’s request or order is received by the server it is tested for correctness;
— the server, after proceeding the Client’s order or the request, sends the results to theon Site platform. In case that the connection between the on Site platform and the server is correct, the on Site platform will receive the results of the Client’s order or the request and process will be done.
1.2. The processing time may vary and depends on the quality of the communication between the on Site platform and the server, as well as on the market conditions. In normal market conditions the processing time usually varies between 1-4 seconds. In some cases and market conditions that differ from normal, the processing time can be higher than 4 seconds.
1.3. The server may refuse to the Client request or order in the following cases:
— if Client sends the request or order before the first quote in the on Site platform on the market opening;
— if there is not enough funds on the Client’s Account for opening a new position;
— if Client sends the request before the opening of the trading session;
— when market conditions differ from normal.
1.4. When working with the on Site platform Client may only use one browser tab.
In the case of multiple browser tabs Client information and results of Operations can be adjusted and / or abolished.
1.5. Client recognizes that information on balance of the Client’s Account reflected by Company on the Site platform, and also about Client’s Operations and their results, is complete and indisputable. Client has no right to demand from Company of entering of any changes into information eflected on the Site platform, just as has no right to demand from Company any compensation of any funds which expected by Client as a result of any Operations which aren’t reflected by Company on the Site.

2. QUOTES
2.1. Client acknowledges that the only reliable source of quote flow information is the main server for Clients. The information contained in quotes on the Site platform cannot serve as a reliable source of information about the real quotes flow, as in the case of unstable connection between the on Site platform and the server part of the quotes may not reach the on Site platform.
2.2. The graphs displayed on the Site platform are indicative. Thus Company does not guarantee that the transaction as a result of the Operation will be made at the same prices specified in the on Site platform at the time of the Client’s transactions.
2.3. The price displayed on the trading platform is formed by the formula (Bid + Ask) / 2.
2.4. Non-Market quotation
2.4.1. Non-Market quotation — the price specified in the on Site platform without the corresponding price on the market at a given time.
2.4.2. If Company has executed a Client’s request or order for non-market quote, Company is charged with the responsibility for correction of financial transactions between erroneous positions and closing of the actual market price, corresponding to the time of closing of the non-market quotation.
2.4.3. In the event that Client request or order to the opening position was executed at non-market quote, Company reserves the right to cancel the financial result for such a position.

3. Processing of Client’s orders for position opening
3.1. If the amount of available on the Client’s Account funds is sufficient to open a position — the position will be opened.
3.2. If the size of the available on the Client’s Account funds is insufficient to open a position — the position won’t be opened.
3.3. The Client’s order to open a position is deemed as proceed, and the position is opened only after the corresponding entry in the server log file. Each new position is assigned with a serial number.
3.4. Closing trading position occurs at the current price.

4. Fraud
4.1. If Company discovers fraud schemes such as:
4.1.1. Fraud associated with credit card transactions and any other ways to remit a balance of credit cards that do not belong to Client;
4.1.2. Fraud associated with the use of software for false trading results;
4.1.3. Fraud associated with errors and system failures for false trading results;
In all mentioned above cases Company is entitled to block the Client’s Account without prior notice and without the possibility of further Operations with Client’s Account.

RETURN AND REFUND POLICY

1.1. In order to make a withdrawal Client has to make an enquiry from Client’s “personal zone” on the Site. In order to complete the enquiry Client has to choose any of the withdrawal methods from the list and fill all the necessary details.
1.2. After a withdraw request is made, it receives a “Requested” status. After the request comes to process, it receives a “In process” status. After receiving “In process” status, funds are removed from balance. Funds will be transferred to the payment system wallet after a request receives a “Processed” status.
1.3. Withdrawal enquires processed by the financial department of Company one by one. The time of the process may vary from one (1) business day up to five (5) business days. Company reserves the right to increase the processing time, in that case Company notifies Client by one of the contact methods which was provided by Client during the registration on the Site.
1.4. Withdrawal can be processed on the personal details, used to deposit only. In case if there is no technical possibility to withdraw funds to the payment system account used to deposit, a method will be chosen by Company, according to Client’s possibilities. In such case payment details should be similar to the Client personal details.
1.5. Client takes full responsibility for the information provided by Client at the enquiry of withdrawal.
1.6. If Client uses a bank card for input of money, withdrawal of funds shall be performed on this card on the amount which isn’t exceeding the input amount from this card for the period 90 (ninety) calendar days from the moment of input of money. Withdrawal of funds on a bank card is priority.
1.7. The Company undertakes to make a refund in 10 days after receiving a letter with request

PAYMENT POLICY

1.1. Company is responsible for indication of the Client’s Account balance in any particular moment.
1.2. Company’s responsibility starts from the moment when the first record about Client’s funds deposit is placed, changed depending on results of the Client’s Operations and continues up to the moment when the Client’s request for full withdrawal of the funds from the Client’s Account will be processed.
1.3. Client has the right to demand any amount of funds which is available in Client’s Account at the time of the enquiry.
1.4. The only official methods of deposits/withdrawals are the methods which appear on the Site. Client is taking all risks related to the usage of the payment methods, as to the fact that the payment methods providers are not Company’s partners and such activity is not in Company’s responsibility. Company is not responsible for any delay or cancelation of funds transaction which was caused by the payment method provider. If Client has any claims related to any of the payment methods, it’s in Client’s responsibility to contact the support of the particular payment method provider and to notify Company about such claims.
1.5. Company doesn’t take any responsibility to the activity of any third part service providers which Client may use in order to make any deposit/withdrawal. Company’s financial responsibility towards Client’s funds starts at the moment the funds arrives to the Company’s bank account or any other account related to Company and that appears at the Company payment methods page on the Site. Company doesn’t take any responsibility for actions or omission of the third parties who are carrying out banking, billing, or any other activity, similar to it, or other intermediary activity related to the support of banking or other accounts, billing or transfer of the Client’s funds. In case any fraud appears during the Operation or after it, Company reserves the right to cancel the Operation and to stop the Services provision regarding the Client’s Account. Company’s responsibility as to the Client’s funds ends at the time the funds leaves Company’s bank account or any other account related to Company and appears at the Company’s payment methods page on the Site.
1.6. If any technical mistakes appear at the time of Operation Company reserves the right to cancel such Operation and stop all other Client’s activity on the Site.

2. Client’s registration
2.1. Client’s registration is based on two main steps:
— Client’s registration on the Site;
— Client’s identity verification.
In order to complete the first step Client must:
— to provide Company with Client’s actual identity and contact details;
— to accept Company’s Contract, appendices to such Contract and terms of all mentioned in the Contract polices.
2.2. Procedure of the Client’s identity verification is carried out by Company for the confirmation of correctness and completeness of data provided by Client. For carrying out this procedure Company is obliged to demand and Client is obliged to provide:
— the scan or the digital photo of the all-civil, international passport or other document proving the Client’s identity in a legible look;
For citizens of the Russian Federation — a pages with the photo and personal data;
For citizens of Ukraine — a pages with the photo and personal data in Russian and Ukrainian (if available).
For citizens of other countries — a pages of passports with the photo and personal data or other document (for example ID Card) containing the photo and personal data.
In addition Company has the right to demand from Client actual accounts for utilities, the contract with bank on opening of the personal account, scans of bank cards, and also any other documents if the abovementioned documents don’t allow to identify Client in full and/or it’s necessary to verify the data specified by the Client at registration on the Site.
2.3. The identification process should be completed within ten (10) business days since Company`s request to identify Client is placed. In some cases Company may increase the identification process up to thirty (30) business days.

3. Deposit processes
3.1. In order to make a deposit Client has to make an enquiry from Client’s “personal cabinet” on the Site. In order to complete the enquiry Client has to choose any of the payment methods from the list specified on the Site, fill in all necessary details and to continue to the payment page.

4. Taxes
4.1. Company is not a tax agent for Client and not provides any Client’s information to any third part unless it will be requested officially by a government office according to any applicable law.

ANTI MONEY-LAUNDERING (AML) AND KNOW YOUR CUSTOMER (KYC) POLICY
1. This policy of http://www.FXinvesting.com and its affiliates (hereinafter referred to as the “Company”) to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. Company requires its officers, employees and affiliates to adhere to these standards in preventing the use of Company’s Services for money laundering purposes.

2. For the purposes of this policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets.

3. Generally, money laundering occurs in three stages. Cash first enters the financial system at the “placement” stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveler’s checks, or deposited into accounts at financial institutions. At the “layering” stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin. At the “integration” stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses. Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes.

4. Each employee of Company, whose duties are associated with the provision of products and services of Company and who directly or indirectly deals with Client of Company, is expected to know the requirements of the applicable laws and regulations which affect Client’s job responsibilities, and it shall be the affirmative duty of such employee to carry out these responsibilities at all times in a manner that complies with the requirements of the relevant laws and regulations.

5. To ensure that this general policy is carried out, management of Company has established and maintains an ongoing program for the purpose of assuring compliance with the relevant laws and regulations and the prevention of money laundering. This program seeks to coordinate the specific regulatory requirements throughout the group within a consolidated framework in order to effectively manage the group’s risk of exposure to money laundering and terrorist financing across all business units, functions, and legal entities.

6. Each of the Company’s affiliates is required to comply with AML and KYC policies.

7. All identification documentation and services records shall be kept for the minimum period of time required by local law.

8. All new employees shall receive anti-money laundering training as part of the mandatory new-hire training program. All applicable employees are also required to complete AML and KYC training annually. Participation in additional targeted training programs is required for all employees with day to day AML and KYC responsibilities.

9. Сlient is obliged:
9.1. to respect any requirements of law, including international, directed on fight against illegal trade, financial frauds, washing and legalization of the money received in the illegal way;
9.2. to exclude direct or indirect complicity of illegal financial activities and to any other illegal Operations with use of the Site.

10. Client guarantees a legal origin, legal ownership and availability at Client of the actual right to use of the money transferred by Client to Client’s Account.

11. In case of suspicious or fraudulent cash replenishments, including use of the stolen credit cards and/or any other activities of fraudulent nature (including any returns or cancellations of payments), Company reserves the right to stop provision of Services and to block Client’s Account, and also to cancel results of any Operations performed by Client and to investigate Operations of doubtful nature owing to what to suspend such Operations before clarification of the nature of emergence of money and the end of investigation.

12. During the investigation Company reserves the right to request from Client of the copy of the identity certificate (passport) and bank cards used for account replenishment, the payment, and also other documents confirming legal possession and a legal origin of money.

13. Client is forbidden to receive and use Services and/or the software for any illegal or fraudulent action, or for any illegal or fraudulent Operations (including money laundering) according to the legislation of the country of jurisdiction of Client or Company.

14. Refusal of Company of carrying out suspicious Operations isn’t the basis for any Company’s civil responsibility before Client or other third parties for non-execution of any liabilities in relation to Client.

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