END-USER LICENSE AGREEMENT FOR BINARY OPTION TRADING
This Agreement is executed between you (hereinafter “the Client”) and Market Punter Limited with registered seat 1st Floor, 11-13 Broderick Road, Johnsonville, 6037, New Zealand (hereinafter “the Company). The card payments and billing services are processed by the Subsidiary company Market Punter Ltd, incorporated in the United Kingdom with registered seat First floor, South Quay Building, 189 Marsh Wall, London E14 9SR (hereinafter “Subsidiary”).
By using the Services, you represent and warrant that (a) All registration information you submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 18 years of age or older or else, have your parents’ or guardians’ permission to enter into this Agreement, or otherwise have the legal capacity to form a binding contract; and (d) Your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
When you complete the registration process, you create a Market Punter account and become a Member. To create an account, you must select a username and password. Your nickname is your Market Punter identity. You may not select a username that is used by someone else, and your username cannot be indecent or otherwise offensive or be used in any way that violates The Terms and common practices. You must provide truthful and accurate information while creating your Market Punter account. You are allowed to have one account. You may control another person’s account (“Controlled Account”), if and only if that person authorizes you in advance and in writing to do so. Market Punter Limited reserves the right to request that you present such written authorisation at any time. We will not accept payments or make payments to any third parties and transfers between accounts on the platform are forbidden. Market Punter Limited reserves the right to limit the number of accounts a user can establish on The Site. This limit may change from time to time at Market Punter Limited’s sole discretion. US residents may not open an account with Market Punter Limited.
You should not reveal your password to anyone. Market Punter Limited will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.
Responsibility For Your Account
4.1. No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher ("Legally of Age") may use the Services under any circumstances and any person not Legally of Age who uses the Services will be in breach of the terms of this Agreement. The Company reserves the right to request proof of age at any stage to verify that persons not Legally of Age are not using the Services. The Company may cancel a person's account and exclude a person from using the Services if proof of age is not provided or if the Company suspects that a person using the Services is not Legally of Age.
5. Information Technology / Intellectual Property
You are solely responsible for any activity done in and using your account and password, regardless of the actual identity of the activator. You are solely responsible for the security of your computer system and/or video console system and the connectivity of your system to The Site and The Platform.
Anti-Money Laundering and Counter Financing of Terrorism
Market Punter is subject to New Zealand Anti-Money Laundering and Counter Financing of Terrorism laws (AML/CFT Laws) which my prohibit us from offering the Services. You agree to provide all information and documents which we reasonably require to comply with the AML/CFT Laws, including a copy of a valid photographic ID document and proof of address (for example, phone bill, utility bill or bank statement). Market Punter may delay, block or refuse to make any payment or to provide any service if we believe on reasonable grounds that to do so may breach the AML/CFT Laws, and we will incur no liability to you for any loss you suffer (including consequential loss) if we do so.
If you or your account violates these Terms, Market Punter Limited may issue you a warning regarding the violation, or, at its sole discretion, terminate or suspend your access to The Site and/or the Services or any portion thereof and remove any material from The Site at any time for any reason without notice to you. Further, if Market Punter Limited believes, at its sole discretion, that a violation of these Terms has occurred or is likely to occur, Market Punter Limited may take any other corrective action it deems appropriate. Market Punter Limited reserves the right to investigate suspected violations of these Terms.
You may request termination of your Market Punter account at any time and for any reason by sending an email to email@example.com. If your account is terminated due to Terms violation, you may not open a Market Punter account again without our express permission. Any suspension, termination, or cancellation shall not affect your obligations to Market Punter Limited under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their essence and context are intended to survive such suspension, termination, or cancellation.
Any funds withdraw request may be the subject of scrutiny due to Market Punter Limited policy, national regulations and financial establishments’ requirements, in which case you may be required to submit further information and the withdrawal process may be prolonged. Withdrawals must always be processed to the same source from which they originated.
Market Punter may, from time to time and at its sole discretion, offer three types of welcome bonuses to customers. The first is a bonus which will be deposited into your account pending trading a volume (before receiving the bonus) between twenty (20) and thirty (30) times the combined size of the bonus and deposit amount (“Conditional Bonus“) as follows:
- Bonus of 0-50% – you must trade (deposit amount + bonus amount) x 20
- Bonus of 51-100% – you must trade (deposit amount + bonus amount) x 25
- Bonus of 101-200% – you must trade (deposit amount + bonus amount) x 30
The second is a bonus which will be deposited into your account immediately and can be used for trading (“Immediate Bonus“). However, you can withdraw the Immediate Bonus only after reaching a trading volume (after receiving the bonus) between fifteen (15) and thirty (30) times the combined size of the bonus and deposit amount as follows:
- Bonus of 0-10% – you must trade (deposit amount + bonus amount) x 15
- Bonus of 11-25% – you must trade (deposit amount + bonus amount) x 20
- Bonus of 26-35% – you must trade (deposit amount + bonus amount) x 25
- Bonus of 36-50% – you must trade (deposit amount + bonus amount) x 30
For example, if you deposit 1,000 USD and receive an Immediate Bonus of 100 USD, you will not be able to withdraw the Immediate Bonus until you have traded a volume of 16,500 USD (15 X 1,100 USD). If you decide to withdraw the maximum amount available before reaching the required trade volume of 16,500 USD, the original bonus of 100 USD will be cancelled.
The third is a Risk-Free Trade Bonus which provides your money back if your first trade expires out-of-the-money. This is only available on your first trade up to your deposit amount. You can withdraw the Risk-Free Trade Bonus only after reaching a trading volume thirty (30) times the amount of your first trade. The Risk-Free Trade Bonus will be cancelled automatically in the following cases:
- if you use the sell-back feature on the first trade; or
- if you trade an amount higher than the Risk-Free Trade Bonus.
You can withdraw your deposit and profits at any time without restriction. Market Punter reserves the right to set, alter and/or annul the criteria for bonus eligibility at its sole discretion. Market Punter will make public the policy under which you will be entitled to withdraw any bonuses received by you, and may change, enhance, narrow or annul said policy at any time.
Market Punter Limited may, from time to time, offer refunds to customers who suffered losses using the service. Any refund will be offered solely at Market Punter Limited’s discretion, and regardless of any such refund offered to anyone, including yourself, you will not have a claim for, and may not rely on being offered, a refund of any sort.
You agree that you will not do any of the following while using or accessing The Site, Services, The Platform or any Content:
1. Circumvent, disable, or otherwise interfere with security-related features of The Site or features that prevent or restrict use or copying of any Content;
2. Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at The Site, servers, or networks connected to The Site, or the technical delivery systems of Market Punter Limited’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to The Site;
3. Attempt to probe, scan, or test the vulnerability of any Market Punter Limited system or network or breach or impair or circumvent any security or authentication measures protecting The Site;
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide The Site;
5. Attempt to access, search, or meta-search The Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Market Punter Limited or other generally available third-party web browsers, including without limitation any software that sends queries to The Site to determine how a website or web page ranks;
6. Violate The Terms or any other rule or agreement applicable to you or Market Punter Limited through The Site’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
7. Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
8. Use The Site or content thereon in any manner not expressly permitted by this Agreement.
You agree to defend and indemnify Market Punter Limited and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of The Site, Platform, or Services; (ii) your violation of any of these Terms; or (iii) any improper or illegal use of your account.
Compliance With Law
Market Punter Limited will comply with any lawful demand made by state agency and will abide by any order issued by an authorised entity, as required by any law. You will have no claims, entitlements or rights for compensation towards Market Punter Limited for such compliance and/or obedience.
Survivability of Terms
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Transferability Of Rights And Obligations
Market Punter Limited may assign these Terms or any rights and/or obligations hereunder without your consent. You agree that these Terms and the rules, restrictions, and policies contained herein, and Market Punter Limited’s enforcement thereof, are not intended to confer and do not confer any rights or remedies granted to you in these Terms to any person other than you.
Copyright in the information contained in this site subsists under the Copyright Act 1968 (Cth) and, through international treaties, the laws of many other countries. It is owned by Market Punter Limited unless otherwise stated. All rights reserved. You may download a single copy of this document and, where necessary for its use as a reference, make a single hard copy. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of this publication may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process without the specific written consent of Market Punter Limited.
Links to external websites
Our web site may contain links to external web sites. Whilst such links are provided for your convenience, you should be aware that the information handling practices of the linked web sites might not be the same as ours and do not constitute endorsement of material at those sites or any associated organisation product or service. These external information sources are outside our control. It is the responsibility of users to make their own decisions about the accuracy, currency, reliability and correctness of the information at those sites. By accessing information at or through this site each user waives and releases Market Punter Limited to the full extent permitted by law from any and all claims relating to the usage of the material made available through the website. In no event shall Market Punter Limited be liable for any incident or consequential damages resulting from use of the material.
Accuracy of information
Market Punter Limited reserves the right to change the information provided on or via this Site, including these Terms, at any time and without notice. It is recommended that you review the information provided on or via this Site, including these Terms, periodically for changes. Although we attempt to provide accurate, complete and up-to-date information, we make no warranties or representations, express or implied, as to whether information provided on or via our website is accurate, complete or up-to-date. We do not represent or warrant that this website functions without error or interruption. As far as is permitted by law, we exclude all liability to third parties arising directly or indirectly out of the use or reliance on information contained in this website.
The information in this site has been prepared in accordance with New Zealand law for the supply of goods and services. This notice and the information in this site and all matters relating to either are governed by and are to be construed according to the laws applicable in New Zealand (“New Zealand law”). The information may not satisfy the laws of any other country. The information in this site is current at the date of publication but may be subject to change.
Market Punter Limited’s Reservations
Market Punter Limited reserves the right to alter, modify, discontinue or terminate The Site, The Platform and any Service and Content at any time and at its sole discretion. Market Punter Limited reserves the right to deny the sale and purchase of assets at its sole discretion at any time. Without limitation such denial may be the result of market conditions. Market Punter Limited reserves the right to limit trade at its sole discretion at any time. Market Punter Limited reserves the right to limit any user in any way it sees fit in order to prevent misbehaviour, misuse of the service, fraud and/or any other malicious activity.
Disclaimers & Disclaimer of Warranty
Your use of The Site, Content and Services is at your sole discretion and risk. The Site, Platform, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Market Punter Limited. To the maximum extent permitted by applicable law, under no circumstances shall Market Punter Limited be responsible for any loss or damage, including personal injury or death, resulting from use of The Site or Services, from any Content posted on or through The Site or Services, or from the conduct of any Users of The Site or Services, whether online or offline. Market Punter Limited takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Market Punter Limited will not be held responsible for the realisation of any risk inherent to Online Binary Option Trading in any way.
General advice warning
The information contained within this website is of a general nature only. Whilst every care has been taken to ensure the accuracy of the material contained herein at the time of publication, neither the author or Licensee will bear responsibility or liability for any action taken by any person, persons or organisation on the purported basis of information contained herein. Without limiting the generality of the foregoing, no person, persons or organisation should invest monies or take action on reliance of the material contained herein but instead should satisfy themselves independently of the appropriateness of such action including seeking the advice of an appropriately qualified financial adviser.
Limitation of Liability
USE OF THE SERVICES AND ACCESS TO THE SITE IS VOID WHERE PROHIBITED IN THESE TERMS. IN NO EVENT SHALL MARKET PUNTER LIMITED OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MARKET PUNTER LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL MARKET PUNTER LIMITED’S CUMULATIVE LIABILITY TO YOU EXCEED $100 UNITED STATES DOLLARS.
Last updated on 25-January-2015
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