These Terms and Conditions governs relationships between the following Parties:
The Company and the Client are hereinafter collectively referred to as the "Parties" and individually as a "Party."
This Terms And Conditions shall be deemed effective when your Account is opened, and you are accepted as our client.
The Company reserves the right to amend these Terms and Conditions only in accordance with Article 28 (Amendments). Any amendment will be notified to you in writing (including electronically) at least thirty (30) days prior to its effective date, unless a shorter period is required under Applicable Laws and Regulations.
The provisions of this Terms And Conditions are subject to all applicable laws and regulations of the UAE. In the event of any conflict between this Terms And Conditions and such laws and regulations, the latter shall prevail.
“Terms and Conditions” means the rules and obligations that govern the relationship between the Company and the Client, outlining how the services may be used and the rights and responsibilities of both Parties.
“Applicable Regulations” are as defined under Clause 3 of this Terms and Conditions.
“Access Controls” The security measures that regulate who can view or use resources or information, and under what conditions, implemented to protect the integrity and confidentiality of Client accounts and data.
"Anti-Money Laundering (AML) Regulations" means the laws and regulations designed to prevent, detect, and prosecute money laundering activities.
"Appropriateness Assessment" means the evaluation conducted by the Company to determine whether a financial product or service is appropriate for an Ordinary Investor, considering their knowledge of financial services, transaction history, and educational and occupational background.
"Appropriateness Report" means a document provided to the Client that details the Company's Appropriateness Assessment, including the product/service, the evaluation result, and the reasons for the determination.
"Authorized Representative" means any person appointed by the Client, in writing and with the approval of the Company, to act on the Client's behalf in connection with their Account and the services provided by the Company.
"Bonds" means government bonds, corporate bonds, and other fixed-income securities.
"Cash Sum" means the total amount of funds held in the Client's Trading Account at any given time, available for investment or withdrawal.
"Client Money" means all funds received from you for investing in Financial Instruments or for utilizing any of the Company's services, as defined by the SCA rules. This includes all funds deposited into your Trading Account and any trading profits, minus any trading losses and any Fees and Charges you owe us.
"Client" or "Customer" means the individual or entity that has entered into this Terms And Conditions with the Company to access and utilize the Company's services.
“CRS” The Common Reporting Standard, an information standard for the automatic exchange of information between tax authorities globally, developed by the Organisation for Economic Co-operation and Development (OECD).
“Cryptographic Key Management” The processes and practices involved in generating, storing, protecting, using, rotating, archiving, and destroying cryptographic keys used to secure Virtual Assets and other digital information.
“Corporate Actions” Any event initiated by a public company that affects the shares issued by the company, including but not limited to dividends, stock splits, mergers, acquisitions, rights issues, and bonus issues.
"Commissions, Charges, and Fees Schedule" means the document that sets out the details of all Fees and Charges payable by the Client, as may be amended by the Company from time to time.
"Communication" means any information, notification, instruction, or other correspondence transmitted between the Company and the Client, whether in written or electronic form.
"Company Materials" means any and all intellectual property owned or licensed by the Company, including but not limited to the Company's website, online trading platform, mobile applications, software, data, reports, analyses, and other materials.
"Company" means Emirates Coin Investment LLC, a company incorporated in the United Arab Emirates with its registered office at Office 101, Das Tower, Khalidiya St, Abu Dhabi, UAE.
"Compliance Officer" means the designated officer of the Company responsible for overseeing compliance with laws, regulations, and internal policies, including the handling of Client complaints.
"Concentration Risk" means the risk of increased losses due to a lack of diversification in an investment portfolio, where investments are concentrated in a limited number of assets or sectors.
“Contracts for Difference (CFDs)” Leveraged derivatives allowing clients to speculate on the price changes of various underlying assets (e.g., commodities, indices, currencies, stocks, crypto).
“CRS” The Common Reporting Standard, an information standard for the automatic exchange of information between tax authorities globally, developed by the Organisation for Economic Co-operation and Development (OECD).
"Conflict of Interest" means a situation where the Company's interests, or the interests of its employees or affiliates, may conflict with the interests of the Client. This may include situations where the Company or its affiliates have a financial interest in a transaction or where the Company provides services to multiple clients with competing interests.
"Counterparty" means a client who meets the specific criteria established by the Authority's regulations and who may not be entitled to all the protections afforded to Ordinary Investors.
"Cryptocurrencies" means Bitcoin, Ethereum, and other digital currencies that utilize cryptography for security and settled using fiat currency.
“Cybersecurity Protocols” The set of rules, procedures, and technologies implemented by the Company to protect its systems, networks, and data from cyberattacks, unauthorized access, and other digital threats.
"Discretionary Investment Management" shall have the meaning assigned to it in Clause 6.5.
“Distributed Ledger Technology (DLT)" / "Blockchain" A decentralized, distributed, and often public, digital ledger used to record transactions across multiple computing nodes, ensuring immutability without the alteration of subsequent records and network consensus.
“DLT vulnerabilities” Weaknesses or flaws in Distributed Ledger Technology (such as blockchain) that could be exploited, leading to security breaches, operational failures, or financial losses.
"Effective Date" means the date on which the Client's Account is opened, and the Client is accepted as a client of the Company.
"Electronic Services" means any services provided by the Company to the Client electronically, including but not limited to the Online Trading Platform (as defined below), the Online Client Portal, and any mobile applications.
“FATCA” The Foreign Account Tax Compliance Act, a United States federal law requiring U.S. persons to report their financial accounts held outside of the United States, and for foreign financial institutions to report to the U.S. Internal Revenue Service (IRS) about their U.S. clients.
"Fiduciary Duty" means the duty arising solely in connection with Portfolio Management Services or other services that legally require a fiduciary relationship under Applicable Laws and Regulations, and does not apply to execution only services or Transactions where the Company acts as Principal
“Fork” means a state in which a blockchain network diverges into two separate, potentially concurrent branches, having a shared history up to the "split" block, after which they follow different consensus rules.
"Equities" means stocks, exchange-traded funds (ETFs), and other equity-based securities.
"Fee Schedule" means the document appended hereto as Appendix 1 setting out the details of all Fees and Charges payable by the Client for the Company's services, as may be amended by the Company from time to time.
"Fees and Charges" means all commissions, fees, charges, and expenses payable by the Client to the Company in connection with the Services and Products, including but not limited to brokerage fees, commissions, swaps, spreads, and special service fees.
"Financial Instruments" means the various investment products offered by the Company for trading on the Platform, including but not limited to Equities, Bonds, Money Market Instruments (as defined in this Terms And Conditions), CFDs, OTC and Cryptocurrencies.
“Hot and Cold Storage” "Hot Storage" refers to the storage of Virtual Assets that are connected to the internet, providing quick access for transactions. "Cold Storage" refers to the offline storage of Virtual Assets, typically using hardware devices or paper wallets, offering enhanced security against online threats.
"Inactive Account" means a Client Account that has met the criteria for inactivity as outlined in this Terms And Conditions, specifically the absence of transactions, instructions, or contact from the Client for a specified period.
"Investment Policy Statement" means a document that outlines the Client's investment goals, risk tolerance, constraints, and other preferences for managing their portfolio.
"Investment” means any financial instrument or asset in which the Company may invest on behalf of the Client, including but not limited to Equities, Bonds, Money Market Instruments, and Cryptocurrencies.
"Know Your Customer (KYC)" means the regulatory requirements that obligate the Company to verify the identity of its clients and assess potential risks associated with them.
"Know Your Transaction (KYT)" The analytical process of monitoring Virtual Asset transactions on the blockchain to identify and assess risks, including those related to money laundering, terrorism financing, and other illicit activities.
"Liquidation" means the process of selling the Client's Financial Instruments held by the Company to satisfy any outstanding obligations owed to the Company or to any third party.
"Margin Trading" means trading Financial Instruments using borrowed funds provided by the Company, subject to the terms and conditions set out in this Terms And Conditions and any applicable margin trading agreement.
"Material Breach" means a significant violation of this Terms And Conditions that jeopardizes the purpose of the Terms And Conditions or causes substantial harm to the non-breaching Party.
"Material Changes" means any changes to the Terms And Conditions that significantly affect the Client's rights or obligations, including but not limited to alterations to the Company's fees or charges, modifications to the services offered, changes to the Client classification system, or any changes that materially affect the risk profile of the Client's investments.
“Multi-signature Wallet” A digital wallet for Virtual Assets that requires two or more private keys to authorize a transaction, enhancing security by requiring multiple approvals.
"Non-Discretionary Investment Management" shall have the meaning assigned to it in Clause 6.9.
"Online Client Portal" means the secure online platform provided by the Company that allows Clients to access their Account information, view reports, manage their investments, and communicate with the Company.
"Online Services" means the Company's online services, including the Online Client Portal and mobile application, which allow Clients to manage their accounts, access information, execute orders, and communicate with the Company.
“Online Trading Platform” The Company's custom-built electronic system, including mobile applications, and any other digital interfaces, through which Clients can access, view, and execute transactions involving Financial Instruments and Virtual Assets offered by the Company.
"Ordinary Investor" means a client who does not meet the criteria for classification as a Professional Investor or Counterparty, as defined by the Authority's regulations, and who is afforded the highest level of regulatory protection.
"Parties" means the Company and the Client collectively.
"Party" means either the Company or the Client individually.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined in the UAE Data Protection Law.
"Platform Services" means the features and functionalities provided by the Platform as further detailed in Clause 5.4.
"Platform" means the Company's electronic trading platform, accessible via the internet or mobile application, which allows Clients to trade in Financial Instruments.
“Portfolio Deviation Threshold” refers to the maximum allowable variance between the portfolio’s actual asset allocation and its strategic target allocation.
"Portfolio Specification" means a document that details the specific parameters and guidelines for a client’s portfolio, including investment objectives, asset allocation targets, and restrictions.
"Power of Attorney" means a legal document (in a form acceptable to the Company) in which the Client authorizes another person (the Authorized Representative) to act on his/her behalf in relation to certain matters as specified in such document.
"Professional Investor" means a client who meets the specific criteria established by the Authority's regulations and who may not be entitled to all the protections afforded to Ordinary Investors.
"Regulatory Risk" means the risk that changes in laws, regulations, or tax policies may negatively impact the value or treatment of investments.
“SCA” means the (UAE) Securities and Commodities Authority.
"Settlement Date" means the date on which a Transaction must be settled, meaning the date by which the Client must pay for purchased Financial Instruments or deliver sold Financial Instruments.
"Strategy" means a specific portfolio management approach offered by the Company with defined investment objectives, risk tolerance, and asset allocation guidelines.
Spot Currencies and Bullion: Trading currency pairs and fiat-settled precious metals.
"Suitability Assessment" means the evaluation conducted by the Company to determine whether a complex financial product or service is suitable for a client, considering their knowledge, experience, financial situation, and investment objectives.
"Suitability Report" means a document provided to the Client that details the Company's Suitability Assessment, including the product's characteristics, risks, and the reasons for its suitability or unsuitability.
"Third-Party Service Provider" means any external company or entity that the Company utilizes to provide services to the Client, including but not limited to banks, brokers, custodians, and technology providers.
"Trading Account" means an account opened by the Client with the Company for the purpose of conducting transactions in Financial Instruments.
"Transaction" means any purchase or sale of Financial Instruments conducted by the Client through the Platform.
"Travel Rule" The regulatory obligation for Virtual Asset Service Providers to obtain and transmit specific originator and beneficiary information with Virtual Asset transfers, mandated under Anti-Money Laundering and Combating the Financing of Terrorism regulations.
“VAT” Value Added Tax, as levied by the applicable tax authorities on goods and services in the United Arab Emirates.
"VA Wallet": A software application or physical device that securely stores the public and/or private keys necessary for Virtual Asset transactions, facilitating their sending and receiving.
“Virtual Assets-VA” A digital representation of value that can be digitally traded, transferred, or used for payment or investment purposes, encompassing but not limited to cryptocurrencies, digital tokens, and any other asset or right that can be transferred using distributed ledger technology or similar technology and settled in fiat currency.
The Company is licensed by SCA in the UAE under License No. 20200000206 for Category Two “Dealing in Investment” to practice the activities of (Portfolios Management, Investment Fund Management, and Fund Administration) and under License No. 20200000279 for Category Seven “Virtual Assets Services Providers” to practice the activities of Virtual assets broker and Virtual asset platform operator.
The Company is obliged to comply with all applicable laws, rules, regulations, and directives issued by the SCA, including but not limited to the provisions of the Regulations Manual of Financial Activities and Status Regularization Mechanisms and its rulebook, as set out in the Chairman of the Authority's Board of Directors' Decision No. (13/Chairman) of 2021. The Client acknowledges and understands that the Company’s activities are subject to SCA regulations as amended from time to time.
Pursuant to the Applicable SCA’s Regulations, the Company will classify Clients as either an Ordinary Investor, a Professional investor, or a Counterparty. This classification shall be based on the information provided by the Client during the account opening procedure and will apply to all products and services.
A Client who does not meet the criteria for Professional Investor or Counterparty will be classified as an Ordinary Investor. Ordinary Investors are afforded the highest level of regulatory protection.
Clients meeting specific criteria as defined by SCA’s Regulations shall be classified as Professional Investors or Counterparties. These Clients may not be entitled to all the protections afforded to Ordinary Investors.
The Client may not be classified into more than one category. As an exception, the Professional Investor or a Counterparty may request to be classified as an Ordinary Investor.
To be reclassified, you must inform the Company, clearly stating your request and any supplementing documents/information. However, the final decision of the change in the classification lies at the Company's absolute discretion.
If The Client who has been classified as a Professional Investor ceases to meet the relevant criteria, they must promptly notify the Company of such change in circumstances.
The Company shall require each Client to provide an annual declaration to confirm that classification data remains accurate. The Client is required to update us promptly of any classification data changes for any reason.
The Company shall undertake periodic reviews of the Client's classification data at least once every three (3) years to ensure its continued accuracy and compliance with Applicable Laws and Regulations.
The criteria for classification as Ordinary Investor, Professional Investor, or Counterparty, and the regulatory protections applicable to each category, are set out in the Company’s client classification disclosure (as may be updated in accordance with Applicable Laws and Regulations). The Client acknowledges that their classification affects the level of protections, disclosures, and assessments that apply to products and services.
The Company is a duly licensed investment firm authorized to provide various investment services. The specific services available to the Client shall be as determined by the Company in its sole discretion and as communicated to the Client.
The Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue any of its services, or to amend the functionality of its website or mobile application, at any time, with or without prior notice to the Client.
The Company provides the Client with access to its Platform for trading in Financial Instruments. The Platform is accessible via the internet or mobile Application.
Platform Services: The Platform offers a range of features and functionalities to facilitate trading, including but not limited to:
Virtual Asset Services
Product:
As part of the Services, we may offer you execution-only trading services and engage in Transactions as Principal with you, not as an agent on your behalf. In this scenario, you will not receive any advice from us, and all decisions will be made solely by you.
If any services involve specific risks that require additional agreements, the Client shall be required to execute such agreements.
The Company may take any actions necessary to comply with applicable laws in any jurisdiction where it provides services.
The Company offers the trading services to the Client by Receiving and transmitting Client orders for the purchase or sale of Financial Instruments.
Portfolio Management Services in this agreement refers to the investment services provided by the Company where it manages a client’s portfolio of Financial Instruments on a discretionary or non-discretionary basis, in accordance with the Client's chosen Strategy and Investment Policy Statement. Details on the types of Portfolio Management Services offered by the Company have been detailed in this clause.
Subject to the Client fulfilling his obligations hereunder, the Company will provide the Client, at his request, with the Investment Service of Portfolio Management. In providing the Portfolio Management Services hereunder, the Company shall enter into transactions in Financial Instruments on a discretionary basis and based on the particular Strategy chosen by the Client. The Company will offer the Portfolio Management services strictly under the following terms of conditions, which are non-negotiable and may be amended by the Company alone and under the provisions of this Terms And Conditions.
Certain services may involve specific risks or specifications and require the Client to execute additional agreements. These may include, but are not limited to, agreements for Client's Investment Policy Statement, discretionary investment management services, Portfolio specifications, or investing in complex financial instruments. The Company will inform the Client of any such requirements and provide the necessary agreements
The Company shall, when providing the services of portfolio management to the Client, have full power and authority at its complete discretion to perform the following functions on behalf of the Client (and without prior reference to the Client):
Discretionary Investment Management:
The Company shall comply with all Applicable Regulations to act in the best interests of the Client and to seek best execution under the SCA Rules in effecting transactions on behalf of the Client in respect of the Portfolio.
In making Transactions on behalf of the Client in respect of the Portfolio, the Company may:
The Company may create and offer a variety of portfolio management strategies. The Company offers to the Client the choice to select any of its strategies. Each Portfolio Management Strategy incurs its own fees and charges. Such information will be available on the portfolio specifications document and by entering into this Terms And Conditions and selecting the Portfolio Management Strategy, the Client will be consenting to and be bound by the applicable fees and charges of the portfolio management Strategy.
Non-Discretionary Investment Management:
Portfolio Specification:
Rebalancing Thresholds and Costs.
Investment Objectives
Handling of Corporate Actions
Storage and Security of Client Virtual Assets
Security Measures: The Company implements robust security measures to safeguard Client Virtual Assets and data, which include:
You must provide accurate and complete information to the Company for the purpose of assessing the suitability and appropriateness of financial products and services. You are responsible for understanding the risks associated with any financial product or service you choose.
You will provide an annual declaration that your classification data has not changed and will update the Company promptly of any changes to such data.
The Company will retain all records, including Suitability and Appropriateness Reports, in accordance with applicable regulatory and legal requirements in UAE.
Suitability Assessment
Appropriateness Assessment
Only the assessment required for the specific product or service will be applied, and the Appropriateness Assessment will not consider the Client’s financial situation or investment objectives.
The Client shall be obligated to pay the Company all commissions, fees, and charges specified in the Schedule and Confirmation for each Transaction. This includes, but is not limited to, brokerage fees, commissions, swaps, spreads, and special service fees, which may vary depending on the type of Financial Instrument traded. These fees are detailed in the Commissions, Charges, and Fees Schedule. The Company reserves the right to vary such commissions and charges from time to time, by providing you with a prior notice
In addition to the aforementioned fees, the Client shall be responsible for all applicable value-added tax (VAT), taxes, charges, and fees incurred by the Company in connection with any Transaction and/or the maintenance of the business relationship with the Client. This includes all stamp expenses relating to this Terms And Conditions and any documentation required for executing transactions.
The Company may share commissions and charges with, or receive remuneration from, third parties concerning Transactions entered into by the Company for and on behalf of the Client. The Company may also benefit from commissions, mark-ups, mark-downs, or any other remuneration when acting for the counterparty to a Transaction. Details of such remuneration or sharing arrangements may not be itemized on each individual Confirmation; however, the Company shall disclose to the Client, in a clear manner and in accordance with Applicable Laws and Regulations, the existence, nature, and (where required) the amount or method of calculation of any such remuneration prior to providing the relevant service or executing the relevant transaction. Further details may be provided in the Fees and Charges Schedule and/or upon the Client’s reasonable request, to the extent permitted by law and contractual confidentiality obligations.
The Company will disclose details of any direct or indirect commission or interest it will receive before recommending a financial product or service or executing any transaction, as required by SCA regulations.
Unless otherwise specified in this Terms and Conditions, all amounts due to the Company under this Terms and Conditions shall, at the Company's discretion, be:
The Client shall be solely responsible for all filings, tax returns, and reports required by any relevant governmental or other authority regarding the account and trading activity, and for the payment of all applicable taxes (including, but not limited to, income, capital gains, transfer, or value-added taxes) arising from or in connection with their trading activity with the Company. The Client acknowledges that the Company may be required by applicable laws and regulations (including but not limited to FATCA and CRS) to withhold taxes on certain payments or distributions credited to the Client's Account, or to report information regarding the Client and their Account to relevant tax authorities. The Client agrees to provide the Company with any information or documentation reasonably requested to comply with such obligations, and consents to such withholding and reporting as required by law.
Upon reasonable request, the Company may, to the extent possible, disclose to the Client the amount of any commission, mark-up, or other remuneration paid or received by the Company.
The Client will be informed of applicable prices, charges, spreads, and any terms and conditions. This does not affect the Company's commitment to offering the same level and quality of service to all Clients’
All fees and charges under this Terms And Conditions are in UAE Dirhams (AED).
The Company will not charge any hidden fees or charges beyond those disclosed in this Terms And Conditions and the Commissions, Charges, and Fees Schedule.
Online Services let you manage your account, view real-time information, access reports, and execute orders. You can also use portfolio management tools, communicate securely with the Company, and access market data.
The Company may update its Online Services from time to time and will try to give you advance notice of any changes. While we aim for continuous access, there may be times when the Online Services are unavailable. The Company may perform scheduled maintenance that could restrict access to the Platform. Where practicable, the Company will provide advance notice via the Platform or email. In the event of an unplanned outage, the Company will use reasonable efforts to restore services in accordance with its business continuity and disaster recovery arrangements. During outages, order placement may be limited to the alternative channels specified in the “Order Placement and Best Execution” section, subject to Applicable Laws and Regulations.
You are responsible for keeping your login details confidential and for all account activity. Never disclose your login details, take all necessary measures to prevent unauthorized access (including using strong passwords).
When using online services in public, take precautions to prevent others from seeing your login details. Always log out of your session when finished and avoid using public Wi-Fi hotspots.
The Company's Online Services may rely on third-party software or platforms. The Company is not responsible for any issues arising from the use of such third-party services.
You agree to Never disclose your login details to any other person, take all necessary measures to prevent unauthorized access to your account.
You must Immediately notify the Company if you suspect any unauthorized disclosure or access to your account.
The Company may suspend or terminate your online access at any time, with or without notice, for reasons including breach of this Terms And Conditions, suspected fraud, security concerns, or non-compliance with laws and regulations.
Your funds will be held in separate bank accounts in our name, kept apart from the company's own funds, as required by the SCA. We maintain complete records of all activities related to your account.
We do not claim ownership of funds that clients place with us for trading. This includes all funds deposited into your account and any trading profits, minus any trading losses and any costs or charges you owe us
We will make our auditors aware that funds in client accounts belong to the clients and that we have no ownership rights to them. This will be recorded in all relevant accounting books.
By depositing funds with us, you agree that all transfers are for trading purposes only and to cover your current or future obligations to us. You should not deposit funds with us that are not intended for trading.
Unless we agree otherwise in writing, we will not pay you interest on any funds you provide to us, and you give up any right to claim interest.
We treat all funds received from you for investing or for using our services as "Client Money".
You acknowledge and agree that you will not receive interest on the balance of your account.
We may hold your funds in a pooled bank account with a regulated financial institution in the UAE. Your funds in these accounts will be identifiable and protected according to SCA rules.
We may transfer your funds to other companies within the UAE (like exchanges or brokers) to execute trades, settle transactions, or meet your obligations.
Where Client Money is held with, or transferred to, regulated third parties for the purposes of execution, settlement, or custody arrangements, the Company will exercise due skill, care, and diligence in the selection, appointment, and ongoing monitoring of such third parties in accordance with Applicable Laws and Regulations. The Client acknowledges that the insolvency of a third party may affect the ability to recover Client Money, and the Company will disclose relevant risks where required. Nothing in these Terms and Conditions excludes or limits any responsibility or liability that cannot be excluded under Applicable Laws and Regulations.
Your funds may be held in a general account with another third party only if it is a regulated financial institution in a country with similar protection rules to the UAE and after we've clearly explained the risks.
We may hold your funds in a currency different from your account currency. We will use the current market exchange rate when converting currencies, and you'll be responsible for any gains or losses due to exchange rate changes.
We may use regulated third-party providers to handle payments, but we are still responsible for keeping your funds safe.
You allow us to deposit and withdraw funds from your account for transactions, settlements, and fees.
The funds in your account are only for trading and investment purposes.
We will try to figure out who any unassigned funds belong to. If we can't, we may return them to the sender. Please follow our instructions when depositing funds to make sure they are allocated correctly.
We may deduct funds from your account to cover any outstanding obligations you have with us, to pay fees, or to comply with the law.
When funding your account via payment card, you are exclusively responsible for ensuring that the card transaction and all subsequent trading activities adhere to the applicable laws and regulations of your country of residence and the card's issuing country.
Deposit of Funds
Withdrawal of Funds
General Provisions Applicable to Deposits and Withdrawals
Client may place orders using the following methods:
Subject to market conditions and applicable regulations, we will use reasonable endeavours to execute your orders in accordance with the instructions given by you or on your behalf, whether it be through any of the above-mentioned methods.
Consequently, if you require an order to be executed in a particular manner and not in accordance with the Company’s best execution principles set forth herein, you must clearly state your desired method of execution when you place the order. If your instruction is not comprehensive, the Company will determine any non-specified components of the execution in accordance with these best execution principles.
In the event of any ambiguity regarding your order, the same will be confirmed with you by way of a written confirmation or the use of a recorded telephone line.
Execution Factors
We will use reasonable endeavours to execute your orders promptly and in accordance with your instructions, subject to market conditions, system availability, and Applicable Laws and Regulations. While we do not guarantee that an order will be executed, where we accept and execute an order we will apply our Best Execution principles to seek the best possible result for the Client in accordance with this Terms and Conditions.
We shall carry out an order only when the relevant market or underlying market is open for dealing, and we shall deal with an order received outside Market or Underlying Market hours as soon as practicable, when that relevant Market or Underlying Market is next open for business (in accordance with the rules of that Marker or Underlying Market). On occasion, this may result in you obtaining a less favourable price once your order has been executed. You acknowledge and agree that we will not be liable to you because of such less favourable price being obtained.
We reserve the right to aggregate your order with orders placed by other clients. Aggregation means that we may combine your order with those of other clients for execution as a single order. On occasion, aggregation may result in you obtaining a less favourable price once your order has been executed. You acknowledge and agree that we will not be liable to you because of such less favourable price being obtained.
Order Slippage
Internal Handling of Conditional Orders
Margin Trading and Automatic Stop-Out Mechanism
The Company may, at its discretion, disseminate information and instructions to the Client pertaining to the Client's Account, any Transaction, or any Financial Instrument. Such communications may be affected by letter, electronic mail, or by means of a notification published on the Company's Online Client Portal or website. The Client hereby consents to the receipt of communications through any of the aforementioned media. The Company shall utilize the contact details furnished by the Client upon the establishment of their Account, or as subsequently amended and duly notified to the Company.
The Client shall diligently monitor their registered email address for all communications emanating from the Company.
The Company shall endeavour to provide the Client with prompt and pertinent information concerning the Client's Account, executed Transactions, prevailing market conditions, and other material developments. Such communications may encompass, inter alia, account statements, trade confirmations, market reports and analyses, corporate announcements, and notifications of legal or regulatory changes.
The Company shall furnish the Client with account statements no less frequently than monthly, or more frequently in accordance with regulatory mandates or upon the Client's explicit request. Trade confirmations shall be dispatched to the Client forthwith upon the execution of each Transaction.
The Client shall be solely responsible for maintaining the accuracy of their contact information (email address, telephone number, and physical address) within their Account profile. The Company shall not be held liable for any loss or damage incurred by the Client as a result of their failure to uphold accurate contact information.
Any communication between the Company and the Client bearing an electronic signature shall be accorded the same legal validity and enforceability as a written communication.
Orders or instructions conveyed to the Company by electronic means shall constitute legally admissible evidence for all purposes, including regulatory compliance.
The Client hereby acknowledges and agrees to the receipt of electronic communications from the Company. Such communications shall be deemed to have the same legal force and effect as written communications transmitted by traditional means.
The Company shall undertake all reasonable measures to ensure the security and confidentiality of electronic communications. Notwithstanding the foregoing, the Client shall remain responsible for the security of their own electronic devices and email accounts.
The Company reserves the right to monitor and record telephone conversations with the Client for the purposes of ensuring accuracy and maintaining records, provided that the Client is apprised of such recording by an audible warning tone.
The Client acknowledges and explicitly consents that the Company may monitor and record any and all communications between the Client (or their Authorized Representative) and the Company, including telephone calls, emails, electronic messages, and platform interactions. The Client also consents to the monitoring and logging of their activity on the Company's Online Services and Platform. Such monitoring and recording may be carried out for purposes including but not limited to regulatory compliance, security, quality control, dispute resolution, and training. Records may be used as evidence in case of disputes. Using the Company's services constitutes ongoing consent to such monitoring and recording.
The Company shall furnish the Client with written confirmation of any order placed telephonically within two (2) business days following the receipt of such order.
In circumstances necessitating urgent communication, the Company may, at its discretion, employ alternative modes of contact, including but not limited to telephone calls or text messages. The Client undertakes to provide and maintain current contact details for the purpose of receiving such urgent communications.
The Client shall respond expeditiously to any urgent communication from the Company to ensure the timely resolution of the matter at hand.
Any formal notice or instruction given pursuant to this Terms And Conditions shall be in writing and shall be deemed to have been duly served upon personal delivery to the recipient, upon the first business day following deposit in the post if sent by prepaid registered mail, upon the first business day following deposit with a reputable commercial courier service.
If transmitted by email, a notice shall be deemed received at the time it leaves the sender’s information system, provided that it is sent to the Client’s registered email address and no delivery failure or non-delivery notification is received by the Company. For the avoidance of doubt, the effectiveness of notice shall not depend on the Client opening, reading, or acknowledging the email.
The Client shall forthwith notify the Company of any change in their designated address for the service of notices.
The Company shall not be held liable for any delay in the Client's receipt of communication except where such delay arises directly from the Company's wilful misconduct, fraud, or gross negligence.
While the Company may provide communications in both English and Arabic, the official language for all communications under this Terms And Conditions is English.
The Company shall implement and maintain appropriate policies, systems, and internal controls to detect, prevent, and report any actual or suspected market abuse or manipulation in accordance with the applicable laws and regulatory guidelines.
Following the submission of a trade order request, the Client may, at their discretion, endeavour to cancel or amend such order, contingent upon the operational feasibility of such cancellation or amendment within the Company's trading systems and in conformity with the rules and regulations governing the relevant market.
The Company shall ensure the expeditious dissemination of written notifications to the Client concerning all transactions executed within the Client's Account, in accordance with the prescribed communication protocols delineated herein. The Client shall retain the right to formally object, in writing, to any information pertaining to a specific transaction within one (1) business day of receipt of the corresponding notification. Such objection shall be subject to prompt and thorough investigation by the Company.
The Client shall be entitled to request and obtain a comprehensive statement of their Account from the Company at any juncture. Should the Client dispute any facet of the information contained within an Account statement, the Client reserves the right to formally contest such information, in writing, within five (5) working days of its receipt. Such contestation shall be subject to meticulous review by the Company.
The Client shall possess the inalienable right to access all information pertaining to them held by the Company, to rectify any inaccuracies therein, and to withdraw their consent for the receipt of marketing communications. The Client may exercise these rights by contacting the Company in accordance with the prescribed communication procedures.
The Client shall be prohibited from assigning or transferring any rights or obligations conferred upon them by this Terms And Conditions to any third party without first obtaining the express written consent of the Company.
In the event that the Client elects to engage in margin trading, the Client may, at their discretion, tender alternative forms of collateral, subject to the prior written approval of the Company and in strict adherence to all applicable regulations, to remedy any deficiency in the initial collateral securing the margin trading account.
The Client hereby acknowledges and irrevocably agrees that the Company may, in its sole and absolute discretion and upon provision of reasonable prior written notice to the Client, appropriate and liquidate any securities held within the Client's Portfolio under the Company's managed custodianship to satisfy any outstanding obligations owed to the Company or to any third party.
The Client must provide the Company with all necessary personal information for identity verification and compliance with Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations. If the Client is a business entity, this includes submitting ultimate beneficial owner (UBO) declarations and certified constitutional documents as required by the Company. The Company will ensure the confidentiality of this information in compliance with data protection laws and regulations.
The Client shall be obligated to ensure the prompt and complete settlement of all purchase transactions, no later than the stipulated settlement date, in strict conformity with the terms and conditions of this Terms And Conditions.
The Client shall forthwith notify the Company upon the occurrence of either of the circumstances:
The Client hereby grants their unconditional and irrevocable consent for the Company to disclose any and all personal or trading-related information pertaining to the Client to regulatory authorities, including but not limited to the SCA, upon their lawful request.
The Client shall be aware of and understand the applicable regulations relating to market abuse and manipulation. You or your authorised representation shall not attempt to or engage in any form of market manipulation or market abuse. If we believe that you or your authorised representative have attempted to manipulate our quotes, execution process or the Platform, or have attempted any form of market abuse or manipulation, we may, at our absolute discretion, take the necessary disciplinary procedure.
The Client shall be aware of and subject to the laws and regulations of the jurisdiction in which the client is based, regardless of the Company’s operating jurisdiction which is the United Arab Emirates.
The Company shall be entitled to levy fees and charges for the provision of its services, including, but not limited to, management fees, performance-based fees, and other expenses, as comprehensively enumerated and elucidated in the Fee Schedule appended hereto.
The Company reserves the right to terminate this Terms And Conditions forthwith upon the occurrence of any of the following events:
The Company retains the absolute and unfettered right, in its sole discretion, to suspend, modify, amend, or terminate the Client's access to its website or Online Client Portal, with or without prior notification to the Client.
The Company may, in its sole discretion and as deemed necessary, access, preserve, or disclose any and all information pertaining to the Client's Account for the following purposes:
The Client is strictly prohibited from reproducing, publishing, distributing, or exhibiting any information or materials obtained from the Company's website or Online Client Portal without obtaining the express written consent of the Company prior to such reproduction, publication, distribution, or exhibition.
The Company shall be entitled to receive full and complete payment for any purchase transaction prior to the execution of such transaction, or, at the latest, by the stipulated settlement date.
In the event of any outstanding payments or obligations owed to the Company by the Client, the Company reserves the right to liquidate the Client's Financial Instruments to satisfy such indebtedness. The Client shall be provided with reasonable prior notice of such liquidation.
The Company shall diligently manage the Client's investments in accordance with the mutually agreed-upon investment strategy, including the purchase, sale, and holding of Financial Instruments on behalf of the Client. In the specific instance of Discretionary Portfolio Management Services, the Company shall possess full and unfettered authority to manage the Client's Portfolio without seeking prior approval for individual transactions, subject to the proviso that the Company shall always act in a manner consistent with the best interests of the Client, taking into account the Client's investment objectives and suitability criteria.
The Company may, from time to time and at its sole discretion, amend its fee structure, provided that the Company shall furnish the Client with reasonable prior notice of such amendment and obtain the Client's explicit consent thereto.
The Company may, at its discretion, withdraw any service, whether in whole or in part, at any time and for any duration, with or without prior notification to the Client.
The Company reserves the right to deny any application for services at its sole discretion, with prompt notification to the applicant of such denial.
Where the Company provides Portfolio Management Services (discretionary or non discretionary), or any other service that gives rise to a Fiduciary Duty under Applicable Laws and Regulations, the Company shall act in the best interests of the Client in accordance with such obligations. For execution only services and Transactions where the Company acts as Principal, the Company will treat the Client fairly, apply Best Execution (where applicable), and comply with Applicable Laws and Regulations, but does not provide advice and does not assume a Fiduciary Duty beyond what is imposed by law. For the avoidance of doubt, where the Company provides execution only services or executes Transactions as Principal, no fiduciary relationship arises between the Company and the Client.
The Company shall furnish the Client with regular and comprehensive information regarding their investments, including, but not limited to, account statements, performance reports, and other relevant data.
The Company shall diligently manage the risk associated with the Client's investments through the prudent utilization of diversification, hedging, and other appropriate risk mitigation strategies.
The Company shall, at all times, comply with all applicable laws, regulations, and directives issued by relevant regulatory authorities, including, but not limited to, the SCA.
The Company shall maintain the confidentiality of all Client information, except to the extent that such disclosure is mandated by law or for marketing purposes with the express consent of the Client.
The Company shall exercise extensive due diligence in all its dealings and transactions, including those involving Third-Party Service Providers.
The Company shall ensure the prompt and efficient execution of trade orders placed by the Client and shall notify the Client accordingly.
The Company shall acknowledge the receipt of all trade orders, irrespective of whether such orders are submitted by telephone, electronic mail, or recorded voice communication.
The Company shall take all reasonable measures to protect the Client's personal and trading information and shall not utilize such information for any unauthorized purposes.
The Company shall provide the Client with detailed account statements on monthly/ quarterly basis, or more frequently upon the Client's request.
The Company shall allocate securities for margin trading in a fair and equitable manner, utilizing a transparent priority system.
The Company may, for regulatory and legal purposes, record telephone calls and other communications with the Client, provided that the Client is notified of such recording by means of an audible warning tone.
The Company may utilize the Client's personal information for marketing purposes solely with the express consent of the Client, which consent may be withdrawn by the Client at any time.
Amendments to these Terms and Conditions shall be governed exclusively by Article 28 (Amendments). For the avoidance of doubt, verbal notice does not constitute valid notice of amendment.
The Client acknowledges and agrees that, in compliance with AML, CFT, and sanctions laws, the Company may at any time request additional information, including but not limited to, details regarding the source of funds or Virtual Assets, the purpose of transactions, and the identity of beneficial owners. The Client's failure to provide such requested information in a timely and satisfactory manner may result in the suspension or termination of the Client's Trading Account, the refusal to execute transactions, or the withholding of funds or Virtual Assets, without prejudice to any other rights or remedies available to the Company under Applicable Laws and Regulations.
The Client may, at their discretion, appoint an Authorized Representative to act on their behalf in connection with their Account and the services provided by the Company hereunder. Such appointment shall be made in writing and shall be subject to the approval of the Company.
The Client shall provide the Company with a duly executed Power of Attorney or other legally binding document evidencing the appointment of the Authorized Representative and specifying the scope of their authority.
The Company may, at its discretion, request additional information or documentation from the Client or the Authorized Representative to verify the validity of the appointment and the scope of the Authorized Representative's authority.
The Company shall be entitled to rely on the instructions and representations of the Authorized Representative as if they were those of the Client, provided that such instructions and representations are within the scope of the Authorized Representative's authority as communicated to the Company.
The Client shall be solely responsible for the actions and omissions of their Authorized Representative and shall indemnify and hold harmless the Company from and against any loss, damage, liability, cost, or expense (including legal fees) arising from or in connection with the acts or omissions of the Authorized Representative.
The Client may revoke the appointment of an Authorized Representative at any time by providing written notice to the Company. Such revocation shall be effective upon receipt by the Company.
The Company may, at its discretion, terminate the authority of an Authorized Representative if the Company has reason to believe that the Authorized Representative is acting in a manner that is detrimental to the interests of the Client or the Company, or in violation of this Terms And Conditions or applicable law.
The Company shall not be liable for any loss or damage suffered by the Client as a result of the Client's appointment of an Authorized Representative or the Company's reliance on the instructions or representations of such Authorized Representative, except in cases of gross negligence or wilful misconduct on the part of the Company.
The Company maintains a comprehensive internal policy overseen by the Compliance Officer, detailing the systematic identification, management, and escalation of potential conflicts to ensure fair client treatment.
In the event that the Company determines that a particular Conflict of Interest cannot be adequately managed in a manner consistent with its fiduciary duties and regulatory obligations, the Company shall provide the Client with written disclosure of the nature of the conflict, thereby enabling the Client to make an informed decision regarding their preferred course of action.
Should the Company be unable to effectively mitigate or resolve a Conflict of Interest, the Company may be precluded from providing the Client with the requested service or from executing the desired transaction. The Client acknowledges and agrees that, in such circumstances, the Company may decline to furnish further explanation or information to the Client regarding the conflict.
The Company shall not, without obtaining the express prior written consent of the Client, borrow monies against the Client's assets or enter into any contract or Investment on behalf of the Client that necessitates the provision of funds exceeding the Cash Sum present in the Client's account at the relevant time.
The Company shall, wherever practicable, establish hierarchical separation and physical barriers between its departments and activities that are susceptible to potential conflicts of interest. Such measures shall be implemented to prevent the unauthorized or inadvertent disclosure of Client confidential information.
In certain circumstances, the Company may have an interest or arrangement that is material in relation to the Client's transactions or that may be in conflict with the Client's interests. By virtue of the terms and conditions of this Terms And Conditions, the Client hereby authorizes the Company to execute or arrange transactions in such circumstances without prior notification to the Client, provided that such actions are undertaken in accordance with all applicable laws and regulations and do not result in any detriment to the Client.
Inherent Investment Risks
Company's Risk Management
Key Risks Associated with Virtual Assets
Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) Compliance for Virtual Asset Transactions
No Guarantees of Performance
Client Responsibility and Acknowledgment
Additional Disclosures
In the performance of its obligations under this Terms And Conditions, the Company shall collect, process, and retain the Client's personal data in strict accordance with all applicable data protection laws and regulations, including, but not limited to, Federal Law No. 45 of 2021 on the Protection of Personal Data (the "UAE Data Protection Law").
The Client hereby expressly and irrevocably consents to the collection, processing, and retention of their personal data by the Company for the purposes expressly set forth in this Terms And Conditions, including, inter alia, the establishment and administration of the Client's Account, the provision of Financial Services, the execution of Transactions, compliance with Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements, the prevention of fraud and other illicit activities, and the fulfilment of the Company's legal and regulatory obligations.
The Company shall treat all Client data, whether personal or otherwise, with the utmost confidentiality and shall not disclose such data to any third party without the express written consent of the Client, save where such disclosure is mandated by applicable law, regulation, or court order, or where such disclosure is necessary to protect the vital interests of the Client, the Company, or the public.
Notwithstanding the foregoing, the Client acknowledges and agrees that the Company may disclose Client data to:
Other entities within the Company's corporate group, for the purposes of providing consolidated services, conducting internal audits, or complying with group-wide policies and procedures.
Third-Party Service Providers engaged by the Company to assist in the provision of services to the Client, subject to the imposition of strict confidentiality obligations on such Third-Party Service Providers.
Any entity to whom the Company transfers or proposes to transfer any of its rights or duties under this Terms And Conditions, provided that such transferee shall be bound by confidentiality obligations no less stringent than those contained herein.
Any regulatory authority, governmental agency, or law enforcement body, where such disclosure is required by applicable laws, regulations, or legal process.
Any person or entity, where such disclosure is deemed necessary by the Company, in its sole discretion, to protect the interests of the Company, its clients, or the public.
The Client, upon their written request; or any person or entity, with the express written consent of the Client or their duly authorized representative.
Unless expressly prohibited by the Client, the Company may utilize the Client's information to provide the Client with targeted marketing communications regarding products and services offered by the Company, its affiliates, or carefully selected third parties, which the Company believes may be of interest to the Client. Such communications may be transmitted by telephone, electronic mail, or other media, utilizing the contact details provided by the Client to the Company. The Client may, at any time, opt out of receiving such marketing communications by providing written notice to the Company.
The Company may transfer the Client's information to any country, including those that may not have data protection laws equivalent to those in the Client's jurisdiction of residence, for any of the purposes described in this clause, provided that such transfer is conducted in accordance with all applicable data protection laws and regulations, including the requirements for cross-border data transfers set forth in the UAE Data Protection Law.
The Client may, in accordance with applicable data protection law, exercise the following rights with respect to their personal information held by the Company:
The Company shall implement and maintain appropriate technical and organizational security measures to protect the Client's personal information against unauthorized access, use, disclosure, alteration, or destruction. Such measures shall include, but not be limited to, access controls, encryption, pseudonymization, data backup and recovery procedures, and regular security assessments.
The Company shall retain the Client's personal information for no longer than is necessary to fulfil the purposes for which it was collected, or as required by applicable law or regulation. Upon the fulfilment of such purposes or the expiration of the mandatory retention period, the Company shall securely dispose of or anonymize the Client's personal information.
The Company may engage Third-Party Service Providers to assist in the provision of services to the Client. Such Third-Party Service Providers shall be contractually bound by confidentiality obligations and data protection requirements consistent with this Terms And Conditions and applicable law.
The Company shall not transfer the Client's personal information to any third country or international organization unless such transfer is compliant with applicable data protection laws and regulations, including the requirements for cross-border data transfers set forth in the UAE Data Protection Law. Where the recipient country does not benefit from an adequacy decision issued by the UAE Data Office, the Company shall ensure that appropriate safeguards are in place—such as contractual data protection clauses or other lawful mechanisms—prior to the transfer. In limited cases, the Client’s explicit consent may be obtained where required by law.
The Company is irrevocably committed to the provision of a fair, impartial, and efficient mechanism for the resolution of any and all Client complaints or grievances that may arise in relation to the services rendered pursuant to this Terms And Conditions.
In the event that the Client deems it necessary to lodge a complaint, the Client is hereby requested to submit their complaint in writing, addressed to the Company's Compliance Officer, at the Company's registered address as mentioned under Clause 1 of this Terms And Conditions.
To facilitate the submission of complaints, the Company shall make available to the Client a user-friendly template form, accompanied by clear and comprehensive instructions on the proper method for submission of the complaint through the designated channels.
With respect to services that involve the participation of Third-Party Service Providers, the Company shall establish and maintain effective procedures to facilitate the efficient and equitable resolution of any complaints or disputes that may arise between the Client and such third parties.
The Company shall not impose any fees or charges upon the Client for the submission or handling of any complaint, irrespective of the nature or complexity of the complaint.
The Client's written complaint shall include, but not be limited to, the following particulars:
Upon receipt of a written complaint, the Company shall, forthwith, acknowledge receipt of said complaint and initiate a thorough and impartial investigation into the matter. The Company shall endeavour to resolve the complaint with all due expedition and within a reasonable timeframe, not exceeding 15 business days.
Throughout the course of the investigation, the Company shall maintain regular communication with the Client, keeping them apprised of the progress thereof. Upon completion of the investigation, the Company shall provide the Client with a comprehensive written response, outlining the findings of the investigation and any proposed resolution.
In the event that the Client is dissatisfied with the proposed resolution, the Client retains the right to escalate the complaint to the SCA, in accordance with the SCA's established complaint handling procedures.
The Company shall maintain meticulous records of all complaints received, including the actions undertaken to resolve them. Such records shall be securely retained for a minimum period of Ten years. The Company shall maintain comprehensive records of all complaints received, including the specific measures taken in response to each complaint and the ultimate resolution thereof.
The Company may, at its discretion and in the furtherance of its obligations hereunder, engage the services of third-party individuals or entities (hereinafter referred to as "Third-Party Service Providers") to assist in the performance of certain functions or activities related to the provision of services to the Client.
Such Third-Party Service Providers may include, but are not limited to, banks, brokers, custodians, technology providers, and other financial institutions.
The Company shall exercise reasonable care and due diligence in the selection and engagement of Third-Party Service Providers and shall ensure that such Third-Party Service Providers are reputable, competent, and capable of performing the services for which they are engaged.
Notwithstanding the engagement of Third-Party Service Providers, the Company shall remain ultimately responsible for the performance of its obligations under this Terms And Conditions and for the protection of the Client's interests.
The Company shall ensure that all Third-Party Service Providers are bound by contractual obligations that are consistent with the terms and conditions of this Terms And Conditions, including, but not limited to, obligations relating to confidentiality, data protection, and compliance with applicable laws and regulations.
The Company shall provide the Client with reasonable prior notice of any intended delegation of its obligations to a Third-Party Service Provider and shall afford the Client the opportunity to object to such delegation.
The Company shall not be liable for any loss or damage suffered by the Client as a result of the acts or omissions of any Third-Party Service Provider, except to the extent that such loss or damage is directly attributable to the negligence or wilful misconduct of the Company.
The Client acknowledges and agrees that the Company may disclose the Client's information to Third-Party Service Providers to the extent necessary for the performance of their services, provided that such disclosure is in compliance with applicable data protection laws and regulations.
The Client acknowledges that the Company's Virtual Asset services fundamentally rely on external components not under its direct control.
These external components include Blockchain/DLT protocols, third-party protocols/tokens, and Third-Party Service Providers selected with due diligence per SCA guidelines.
The Client accepts the inherent exposures arising from this reliance.
The Company shall not be liable for losses or damages from inherent flaws or failures of underlying blockchain/DLT protocols or performance issues of third-party systems beyond its control.
The Company is also not liable for acts/omissions of Third-Party Service Providers, unless directly caused by its proven gross negligence, wilful misconduct, or material breach of due diligence obligations.
For the purposes of this Terms And Conditions, and in accordance with the regulatory guidelines promulgated by the SCA, a Client Account shall be designated as "Inactive" upon the occurrence of the following circumstances:
Upon the designation of a Client Account as Inactive, the Company shall undertake the following measures:
The Client may, at any time, seek to reactivate an Inactive Account by contacting the Company and furnishing any information or documentation that the Company may reasonably request for the purposes of verifying the Client's identity and confirming their ownership of the Account.
The Company shall not be held liable for any loss or damage, whether direct or indirect, consequential or incidental, incurred by the Client as a result of the designation of their Account as Inactive or the subsequent actions taken by the Company in accordance with the provisions of this Article, save in instances where such loss or damage arises directly from the gross negligence or wilful misconduct of the Company.
The Company reserves the right to suspend or terminate this Terms And Conditions, and/or the provision of any or all Services to the Client, forthwith upon the occurrence of any of the following events:
Upon suspension or termination of this Terms And Conditions, the Client shall:
The Company shall not be liable for any loss or damage suffered by the Client as a result of the suspension or termination of this Terms And Conditions, except to the extent that such loss or damage is directly attributable to the gross negligence or wilful misconduct of the Company.
Termination of this Terms And Conditions shall not affect any accrued rights or obligations of either Party.
Without prejudice to any other provision contained herein, the Company, officers, directors, employees, and agents shall not be held liable for any loss, damage, cost, expense, or liability of whatsoever nature arising directly or indirectly from, or in connection with, any of the following circumstances, regardless of whether such loss or damage is foreseeable, or whether the Company has been advised of the possibility of such loss or damage:
In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or loss of reputation, arising out of or in connection with this Terms And Conditions or the provision of services hereunder, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
Nothing in this Article shall limit or exclude the Company's liability for
Cybersecurity Incident Liability: The Company shall maintain reasonable and appropriate technical and organizational security measures, in accordance with SCA Regulations, to protect client Virtual Assets and data from unauthorized access, loss, or theft. However, the Client understands no security system is infallible. To the fullest extent permitted by law, the Company's liability for losses from cybersecurity incidents (e.g., hacking, cyber-attacks, system breaches) shall be limited as follows:
Client Tax Responsibility: The Client is solely responsible for understanding, determining, calculating, reporting, and paying all taxes (including cross-border tax obligations) applicable to their Investments and Virtual Asset activities, including any profits, gains, or income from trading, holding, or transferring Investments and Virtual Assets on the Company's platform. The Company bears no responsibility or liability for the Client's tax obligations.
No Tax Advice: The Company does not provide any tax, financial, legal, or investment advice concerning Virtual Assets and other Investments. Any information provided by the Company (e.g., market data, educational materials, platform features) is for general informational purposes only and should not be construed as advice. The Client is strongly advised to consult independent tax professionals, legal counsel, and financial advisors regarding the implications of their Investments and Virtual Asset activities.
All intellectual property rights in and to the Company's website, online trading platform, mobile applications, software, data, reports, analyses, and other materials (collectively, the "Company Materials") shall vest exclusively in the Company or its licensors. The Client acknowledges that no right, title, or interest in or to any of the Company Materials is transferred to the Client by virtue of this Terms And Conditions, except for a limited, non-exclusive, non-transferable license to access and utilize the Company Materials for the sole purpose of engaging in trading activities with the Company in accordance with the terms and conditions of this Terms And Conditions.
The Client shall not copy, reproduce, modify, adapt, translate, or create derivative works of any of the Company Materials; distribute, transmit, display, perform, or publish any of the Company Materials; reverse engineer, decompile, or disassemble any software or other technology comprising the Company Materials; use any of the Company Materials for any commercial purpose or for the benefit of any third party; or remove or alter any copyright notices, trademarks, or other proprietary markings on or within the Company Materials.
The Client grants the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content or materials submitted by the Client to the Company (collectively, the "Client Content") for the purposes of providing services to the Client and operating the Company's business.
The Company makes no warranties, express or implied, with respect to the Company Materials or the Client Content, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.
The Client shall indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with the Client's breach of this Article or any infringement of intellectual property rights caused by the Client Content.
This Article 28 sets out the exclusive process for amendments to these Terms and Conditions. No other clause in these Terms and Conditions shall be interpreted as creating an alternative amendment process.
The Company retains the right, at its sole and absolute discretion, to amend, modify, supplement, or otherwise alter the terms and conditions of this Terms And Conditions, from time to time, as deemed necessary or expedient. Such amendments may be necessitated by, inter alia, changes in applicable laws or regulations, the introduction of products or services, the modification of existing service offerings, or other commercially reasonable considerations.
Prior to the effectuation of any amendment to this Terms And Conditions, the Company shall provide the Client with written notice of the proposed amendment not less than thirty (30) days prior to the proposed effective date. Such notice shall be delivered to the Client in accordance with the methods specified in Article 11, "Communication and Notices," of these Terms and conditions
The notice of amendment shall delineate the precise effective date of the amendment and shall furnish the Client with a comprehensive description of the Material Changes to the Terms And Conditions. For the purposes of this Article, "Material Changes" may include, but are not limited to, alterations to the Company's fees or charges, modifications to the services offered, changes to the Client classification system, or any changes that materially affect the risk profile of the Client's investments.
For any Material Changes to this Terms And Conditions, as defined in Article 24.3, the amendment shall only become effective upon the Client's explicit written consent. The Client may provide such consent by signing and returning a copy of the notice of amendment or by such other means as the Company may prescribe.
For non-material changes to this Terms And Conditions, the Client shall have the right to object to any proposed amendment by providing written notice of such objection to the Company within thirty (30) days of the date upon which the notice of amendment was served upon the Client. In the event that the Client fails to submit a written objection within the prescribed timeframe, the Client shall be deemed to have irrevocably accepted the amendment.
Should the Client submit a timely objection to a proposed amendment, the Company may, at its sole discretion, elect to either:
Amicable Resolution and Complaint Management
Mediation
Regulatory Escalation and Arbitration
Judicial Resolution
Costs
This Terms And Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates.
The Client acknowledges and agrees that all Transactions including those involving Virtual Assets conducted on the Online Trading Platform, shall be governed by the laws of the United Arab Emirates, irrespective of the Client's physical location or jurisdiction of residence.
The courts of the Emirate of Abu Dhabi shall have primary jurisdiction to settle any suit, action, dispute, or other proceeding arising out of or in connection with these Terms and Conditions (“Proceedings”).
Nothing in this clause shall prevent the Company from bringing Proceedings in another jurisdiction solely for the purpose of enforcing its rights, recovering assets, or obtaining interim, injunctive, or conservatory relief where such measures cannot be effectively obtained through the Abu Dhabi courts.
The Client consents to the service of legal process or any other documents in connection with Proceedings in any court by registered mail to the Client's last known address as recorded in the Company's records, or by any other method permitted by the laws of the United Arab Emirates, the law of the place of service, or the law of the jurisdiction where Proceedings are instituted.
This Terms And Conditions is executed in the English language. In the event of any inconsistency or dispute with any translations, the English text shall prevail and be deemed the official and binding version for interpretation and enforcement purposes in the United Arab Emirates.
By clicking the "acceptance" button during the online account opening process, or by otherwise opening an account and/or using the Company's services, you expressly acknowledge that you have read, understood, and agree to be bound by this Terms And Conditions.
Scan the QR Code
or Download Directly from
