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Terms & Conditions

PLEASE READ THE TERMS CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE PLATFORM, INCLUDING ANY GAMES, APPLICATIONS, SERVICES, PRODUCTS, INFORMATION OR DATA MADE AVAILABLE THROUGH THE PLATFORM OR THE SITE (ALL AS DEFINED BELOW AND COLLECTIVELY, "SERVICES"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TradeSmarter. YOU UNDERSTAND THAT BY CHECKING THE "I have read and accept The Terms of Use" CHECKBOX BELOW, OR BY USING THE SITE (INCLUDING ANY CONTENT OR SERVICE PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.

Who Is TradeSmarter?

TradeSmarter provides a provides a fully customized, secure and modular open standards platform which enables online traders to speculate easily on movements within the financial markets, including stocks, indices, commodities and currencies ("The Platform"), through the TradeSmarter website located at http://www.TradeSmarter.com/options ("The Site"). For purposes of these Terms of Service ("The Terms"), "TradeSmarter" shall include TradeSmarter Holdings, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data, as well as TradeSmarter wiki, TradeSmarter Blog, TradeSmarter Above/Below.

If you wish to deal in one of our Binary Option products, you can only do so directly via the internet using our online trading platform. Any other form of communication which is not a dealing instruction may be made by telephone or in writing by post, fax or email:

Phone:

Fax:

Address:

eMail:

What Are Binary Options?

Binary Options are options that pay a pre-determined, fixed amount, depending on whether or not an event occurs at the time the option expires.

The Binary Options offered by TradeSmarter are over-the-counter options which allow clients to trade the economic effect of price changes in individual currencies, shares, share indices and commodities quoted on the world's leading exchanges, without physical ownership of the underlying instruments.

Basically, Binary Options enables a trader to obtain value from a financial market. A CALL Binary Option enables the trader to profit from an underlying market that is going up. Conversely, a PUT Binary Option enables the trader to profit from a downward movement of the underlying market.

A CALL Binary Option yields a profit for the buyer when the price of the underlying market at the Expiry Time is higher than the Expiry Price. A PUT Binary Option yields a profit when the price of the underlying market at the Expiry Time is lower than the Expiry Price.

Like traditional options, Binary Options are based on an underlying asset, but unlike contract for difference or spread bet, Binary Options do not require margins or stops and you know exactly how much you stand to gain or lose from the outset. Binary Options are simple and they are ideal for the trader who wants the potential for significant, short-term gains with strictly limited risk. The deposit required for a Binary Option is an amount equal to your maximum loss on that Binary Option.

We act as a principal when we provide financial services to you. We do not act as your agent. We are the party to the other side of the transaction and the party with whom you are entering into a contract. Binary Options do not result in the delivery of the underlying asset and as such the terms of the Binary Options will always provide for cash settlement between TradeSmarter and the client.

TradeSmarter only trades in Binary Options that can be exercised on the Expiry Time of the Binary Option, and not before.

Your Representation

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 parent's or guardian's 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.

Account Registration

When you complete the registration process, you create a TradeSmarter account and become a Member. To create an account, you must select a username and password. Your nickname is your TradeSmarter 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 TradeSmarter account.

TradeSmarter 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 TradeSmarter's sole discretion.

US residents may not register an account at TradeSmarter.

Your Password

You should not reveal your password to anyone. TradeSmarter 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

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.

Violation

If you or your account violates these Terms TradeSmarter 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 TradeSmarter believes, at its sole discretion, that a violation of these Terms has occurred or is likely to occur, TradeSmarter may take any other corrective action it deems appropriate. TradeSmarter reserves the right to investigate suspected violations of these Terms.

Account Termination

You may request termination of your TradeSmarter account at any time and for any reason by sending an email to legal@TradeSmarter.com.

If your account is terminated due to Terms violation, you may not join TradeSmarter again without our express permission.

Any suspension, termination, or cancellation shall not affect your obligations to TradeSmarter 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.

Funds Withdraw

Any funds withdraw request may be the subject of scrutiny due to TradeSmarter policy, national regulations and financial establishment's requirements, in which case you may be required to submit further information and the withdrawal process may be prolonged.

Bonuses and Refunds

TradeSmarter may, from time to time and at its sole discretion, offer two types of bonuses to specific customers. The first is a bonus which will be deposited into your account pending trading a volume (after receiving the bonus) ten times the size the bonus ("Pending Bonus"). The Second is a bonus which will be deposited into your account immediately and can be used as leverage ("Immediate Bonus"). However, you can withdraw the immediate Bonus only after reaching (after receiving the bonus) a trade volume twelve times the combined size of the bonus and your deposit. For example, if you deposit 100 USD and received a Pending Bonus of 50 USD, the bonus will be deposited into your account after trading a volume of 500 USD. If the bonus was an Immediate Bonus, it would have been deposited into your account instantly, you wouldn't have been able to withdraw it until you traded a volume of 1,800 USD (12 X 150). If you decide to withdraw the maximum available before reaching a trade volume of 1,800 USD, you will be required to leave a sum of the original bonus, 50 USD, in your account, since you are not allowed to withdraw it just yet.

TradeSmarter reserves the right to set, alter and/or annul the criteria for bonus eligibility at its sole discretion. TradeSmarter 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 sais policy at any time.

TradeSmarter may, from time to time, offer refunds to customers who suffered losses using the service. Any refund will be offered solely on TradeSmarter'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.

Fees

You will not be charged a commission when you acquire any Binary Option product. The use of The Site and Services is currently free of Charge. However, TradeSmarter reserves the right to charge fees for the access to and/or use of The Site or Services, and/or any parts or specific features related to The Site or the Services.

Restrictions

You agree you will not do any of the following while using or accessing The Site, Services, The Platform or any Content:

  1. Use The Site, Content, Platform or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
  2. Circumvent, disable, or otherwise interfere with security-related features of The Site or features that prevent or restrict use or copying of any Content;
  3. 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 TradeSmarter's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to The Site;
  4. Attempt to probe, scan, or test the vulnerability of any TradeSmarter system or network or breach or impair or circumvent any security or authentication measures protecting The Site;
  5. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide The Site;
  6. 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 TradeSmarter 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;
  7. Violate The Terms or any other rule or agreement applicable to you or TradeSmarter 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
  8. Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
  9. Use The Site or content thereon in any manner not expressly permitted by this Agreement.

Indemnification

You agree to defend and indemnify TradeSmarter 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.

Advice And Consult

TradeSmarter is not a consulting service is will not advise and/or consult anyone regarding trade or any other matter relating the Services. No presentation or information received from TradeSmarter and/or one of its employees will be held as an advice or consult on part of TradeSmarter.

Any information that will be received from TradeSmarter does not take into account your personal objectives, financial situation or needs, and is not personalized in any way. While TradeSmarter believes that the information is accurate, TradeSmarter is not responsible for the accuracy, completeness or currency of that information.

Your Responsibility To Check Terms Periodically

The Site and The Platform are always evolving, so it is important that you periodically check here, as well as the specific rules for any Services in which you choose to participate, for updates. By using The Platform, accessing The Site, or taking part in any Services, you agree to review The Terms periodically to become aware of such revisions.

Compliance With Law

TradeSmarter will comply with any lawful demand made by state agency and will abide any order issued by an authorized entity, as required by any law. You will have no claims, entitlements or rights for compensation towards TradeSmarter for such compliance and/or obedience.

Taxes

TradeSmarter does not deduct any Taxes, and you should consult your tax attorney and pay the actual capital gain tax from any activity made through TradeSmarter.

Privacy

Issues concerning collection and use of information by TradeSmarter are described in the TradeSmarter Privacy Policy.

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

TradeSmarter 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 TradeSmarter's enforcement thereof, are not intended to confer and do not confer any rights or remedies granted to you in theses Terms to any person other than you.

Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of Cyprus excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in Cyprus, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein

Intellectual Property & Content

TradeSmarter owns The Site and The Platform, including all worldwide intellectual property rights in The Site, Platform and Services, and the trademarks, service marks, and logos contained therein and thereon. TradeSmarter hereby grants you a limited, revocable, non-exclusive, non-transferable license to use the Services solely for your personal use. Except as expressly permitted herein, you may not copy, sublicense, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Services in any manner or for any purpose not expressly permitted in these Terms. In addition, you are forbidden from removing, altering or concealing any copyright, trademark, service mark or other proprietary rights notices incorporated in The Site, The Platform Content or the Services.

Certain types of content may be made available through The Site. "Content" as used in these Terms means, collectively, all content on or made available through The Site and The Platform, including but not limited to text, data, reports, analyses, performance charts, investment portfolios, and stock quotes.

TradeSmarter's Reservations

TradeSmarter reserves the right to revise The Terms. You will be notified of any such change either by email to the address provided during the registration process, or by posting a notice on The Site and requesting you to accept the revised Terms.

TradeSmarter 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.

TradeSmarter 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.

TradeSmarter reserves the right to limit trade at its sole discretion at any time.

TradeSmarter reserves the right to limit any user in any way it sees fit in order to prevent misbehavior, 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 TradeSmarter.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TradeSmarter EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, PLATFORM, CONTENT AND SERVICES.

TradeSmarter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, The Site, any Content or Services. TradeSmarter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of The Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with The Site or Services. To the maximum extent permitted by applicable law, under no circumstances shall TradeSmarter 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.

TradeSmarter may present financial data feeds regarding binary option values and financial assets which may deviate from actual time stock and exchange market values due to computer constraints, data protection mechanisms, trade policy and other considerations at its sole discretion. Graphs and visual representations of options values and financial assets prices may also deviate from actual time market prices and are for demonstrative purposes only. Options values do not intend to present the option value in open market trade, but only present the option which TradeSmarter is willing to offer at a particular time in TradeSmarter trading platform.

TradeSmarter is not responsible for any incorrect or inaccurate Content posted on The Site or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. TradeSmarter 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.

The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that TradeSmarter is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that TradeSmarter does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

No advice or information, whether oral or written, obtained by you from TradeSmarter, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.

Notwithstanding the aforementioned, TradeSmarter declares that the purchase price of both the PUT option and the CALL option will be the displayed prices at the time of purchase and may differ from the market price of equivalent assets. In addition, TradeSmarter declares that the closing prices, as displayed at the end of every hour, are calculated based on information from Reuters and using the formulas displayed on the "Asset Index Page" on The Site. TradeSmarter is not responsible for any loss or damage caused to you as a result of an inaccuracy by Reuters.

Risk Disclaimer

There are many benefits of trading with TradeSmarter (easy, limited losses, speculative and commission free), however TradeSmarter discloses that Binary Option Trading is considered to be a risky financial activity and may require financial skills and market knowledge to trade. Please read carefully TradeSmarter's Terms and Conditions prior to engaging in any activity as our services involve financial risks. Trading with no financial skills is not recommended, as you may incur losses in unskilled trading.

TradeSmarter will not be held responsible for the realization of any risk inherent to Online Binary Option Trading in any way.

Limitation of Liability

USE OF THE SREVICES AND ACCESS TO THE SITE IS VOID WHERE PROHIBITED IN THESE TERMS. IN NO EVENT SHALL TradeSmarter 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 TradeSmarter 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 TradeSmarter'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.