Weiss Finance Terms & Conditions
These terms and conditions are established between Weiss Finance (also referred to as the ‘’Company’’. ‘’Our’’. ‘’We’’) and its clients (also referred to as the ‘’Client’’. ‘’You’’. ‘’Your’’).
IMPORTANT—WE ADVISE ALL OUR CLIENTS TO STUDY THESE TERMS AND CONDITIONS BEFORE COMPLETING REGISTRATION (AND WHERE APPROPRIATE, BEFORE INSTALLATION OF WEISS FINANCE’S PROPRIETARY SOFTWARE). BY CLICKING ‘ACCEPT’ OR ‘I AGREE’ OR ‘CONTINUE’ AS THE CASE MAY BE, AND THEREFORE REGISTERING AND/OR USING WEISS FINANCE’S SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS AND THE END USER LICENSE AGREEMENT. FURTHER, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEISS FINANCE WEBSITE.
This agreement was written in English. To the extent that any translated version of this agreement conflicts with the English version, then this English version shall be regarded as sovereign.
Date of Last Revision: March 09, 2017
- GENERAL TERMS
1.1. This Agreement is executed by and between Carter Enterprises OU with registered address Roosikrantsi tn 2-K326, Keslinna city district, Tallinn, Harju county, 10119; operational address 85 James Bouchier Blvd., Sofia, Bulgaria. (The “Company”), and the Client, a physical or legal person (the “Client”). The Company owns and operates the site. Payment clearing and billing services are provided by Carter Enterprises OU and by GM MANAGEMENT DOO PODGORICA
1.2. Transactions made on https://www.weissfinance.com will be represented on your billing statement as:
Weiss Finance +44-NUMBER
1.3.b If you do not agree with these policies therefore please do not use our website.
1.4. You acknowledge and agree that Weiss Finance may, and at our own discretion update and/or change these terms & conditions. Any such changes shall become effective when they are published on our website. You are responsible for checking whether our terms & conditions have been amended. If you do not agree to be bound by any changes to these terms and conditions, please do not use or access any of the services on our website. Furthermore, please notify us in writing immediately. Your continued use of our website, following the date of the most recent revision of our terms & conditions, shall be construed as your acceptance of such amended terms, policies or guidelines.
1.5. You may not transfer this Agreement or any of your rights or obligations hereunder to any third party
The following terms used in this Agreement shall have the meaning ascribed to them, unless stated otherwise in this Agreement:
2.1. “System” shall mean an electronic system designed to facilitate investing and trading in Financial Contracts via the Internet using the Weiss Finance trading platform and subject to the terms & conditions of this Agreement and the terms of the Trading Manual (see 2.10 below) which constitutes an integral part of this Agreement.
2.2. “Financial Contract” or “Contract” shall mean a contract to purchase trading contracts, or any other financial offering that Weiss Finance may offer from time to time.
2.4. “Contract Price” shall mean the prices or rates offered on the Weiss Finance trading platform, which are based upon indicative prices and rates provided by various financial information systems as in-effect current and updated for contracts of the applicable nature on the financial markets.
2.5. “Markets” shall mean the international financial markets for Stocks, Commodities, Currencies and other applicable markets, where contract rates are being fixed upon free trade, and other markets where various financial assets are traded.
2.6. “Business Day” shall mean one calendar day beginning at 00:00 and ending at 23:59 GMT.
2.7. “Transaction” shall mean the purchase or sale of a Financial Contract for a fixed price.
2.8. “Closing” shall mean a reversed transaction aimed to close an open position (sale of a financial contract previously purchased and vice versa) with a sum or at a quantity identical to the one spent in the initial transaction on the same Business Day.
2.9. “Collateral” shall mean the sum you originally deposited in your Weiss Finance personal account after deduction of any losses and any monies you have withdrawn, plus profits derived from any Transactions.
2.10. “Trading Manual” shall mean the Weiss Finance online trading platform, including its academic training material and trade and investment enabling and facilitating content.
- MEMBERSHIP ELIGIBILITY
3.1. The Company’s Services are offered to individual or legal persons residing outside of the EU and may be used only by persons or companies who can establish legally binding contracts under the applicable laws in their country of residence. If you register as a commercial entity, you in effect declare that you have the required authority to bind that entity to this Agreement.
3.2. The Company’s Services are not available to persons under the age of 18 or the required minimum age in your country of residence or who cannot execute legally binding contracts under laws of their country of residence (“Minors”). If you are a minor, you may not use this service. For the avoidance of doubt, the Company shall not be responsible for any unauthorized use of its Services by Minors in any way or manner.
3.3. Furthermore, the Company’s Services are available only to, and may only be used by, individuals who have sufficient experience and knowledge in financial matters as to be capable of evaluating the merits and risks of acquiring financial contracts via Weiss Finance and have done so without relying on any information contained the this website. To remove any doubts, the Company is under no obligation to verify and/or check whether you possess such sufficient knowledge and/or experience, nor shall the Company be responsible for any damage and/or loss incurred to you as a result of insufficient knowledge and/or experience. Without derogating from the above-mentioned provision, we disclaim any responsibility for auditing and/or checking your level of knowledge and/or experience, and any liability for damages and/or loss suffered as a direct result and/or indirectly from your use of the Weiss Finance services or website.
3.4. Our services are available to most countries in the world with the exception of those mentioned in the following list: Iran, Yemen, Syria, Turkey, North-Korea. As such we do not allow our products and services to be used directly or indirectly in the countries listed above. In addition, residents of the above countries are barred from opening accounts with Weiss Finance.
3.5. Without limiting the above mentioned provisions, Weiss Finance reserves the right to refuse and/or cancel access to its Services to anyone and at any time at our sole convenience.
3.6. Only one account is allowed per person. No gains can be levied on accounts opened under false names or multiple accounts opened by the same person.
- LEGAL RESTRICTIONS
4.1. The Client understands that laws regarding Financial Contracts (see 2.2 above) vary throughout the world, and it is the Client’s sole obligation to comply fully with any laws, regulations or directives, relevant to your country of residency with regards to the use of the Weiss Finance website and/or the System.
4.2. For avoidance of doubt, your ability to access the Weiss Finance website does not necessarily mean that the Services and your activities are legal under the laws, regulations or directives, relevant to your country of residence.
4.3. You hereby confirm, after conducting necessary inquiries, that there is no legal constraint which precludes you from using the System or executing Transactions as described in this Agreement. To remove any doubts, the Services are not to be used where they are illegal to use, and the Company reserves the right to refuse and/or cancel Services, in whole or in part, to anyone at any time, at its own discretion without cause, including but not limited to events in which Weiss Finance learns that you are performing activities which are not regulated under the laws of your place of residence.
4.4. You are solely responsible for reporting your activities to any applicable tax or other authority, as may be required by any laws applicable to you or to your country of residence and you are responsible to pay all applicable taxes, levies, governmental fees and charges associated with the activities of your account including required deductions at source and you forego any claim against Weiss Finance in this respect.
- RISK FACTORS DISCLOSURE
5.1. THE EXECUTION OF FINANCIAL TRANSACTIONS, SIMILAR IN NATURE TO THE TRANSACTIONS CONTEMPLATED AND DESCRIBED IN THIS AGREEMENT SHOULD BE CONSIDERED AS HIGH RISK FINANCIAL ACTIVITIES. It is manifestly stated by the Client that she/he fully understands that minor differences in market prices may occur in short time periods and that this phenomena may result in high profits or losses. The use of the System is solely designated for informed users with the ability to sustain swift losses up to total loss of the invested money and/or the securities. You are responsible for careful consideration whether such Transactions suits you and your purposes while taking into consideration your resources, your personal circumstances and understanding the implications of actions made by yourself. SINCE THE RISK OF LOSS OF PART OR ALL OF THE INVESTED FUNDS IN A SHORT PERIOD OF TIME IS HIGH, IT IS ADVISABLE TO USE FUNDS WHICH ARE DESIGNATED BY YOU FOR HIGH RISK SPECULATIVE TRANSACTIONS, AND SOLICIT ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IN CASE OF DOUBTS.
6.1. Upon execution of this Agreement, Weiss Finance shall set up a personal account in your name and ownership in the System. Your personal account will be set up in accordance with information provided by you, as shall be required by the Company from time to time. The Client must ensure that the information she/he provides is complete, true and accurate. It is hereby clarified that the provision of misleading information may be regarded as an offence that will entail action by Weiss Finance to block and suspend your activities, and/or inevitably to close your account.
6.2. You acknowledge that upon completion of formal procedures to confirm your identity as associated with the establishment of the Client’s personal Weiss Finance account, the Company may report you as a beneficiary in the applicable account held by the financial institution with which the Company deposits the Collateral funds, in amounts up to the credit balance recorded in your account on our System from time to time, and to that end the Company may transfer the identification details you have provided.
6.3. Upon establishment of the account, the Company shall issue you with a confidential personal identification code (hereinafter: the “Access Code”) to be used by you to operate your account via the Internet. You hereby irrevocably undertake to safeguard the Access Code and hereby waive any and all claims against Weiss Finance relating to any unauthorized use of your Access Code.
- RECORDINGS AND RECORD KEEPING
7.1. The Company or an authorized party on its behalf may (but is not obligated to) record every telephone conversation.
7.2. The Company or an authorized party on its behalf shall keep copies of every written order received from you for a period to be determined at our discretion. Furthermore, the Company or an authorized party on its behalf shall maintain records of all your Transactions.
7.3. Any of these records/recordings may be used by the Company for any purpose the Company sees fit, including in the resolution of conflicts which might occur between the Parties.
7.4. It is hereby clarified that the said records/recordings are the sole property Weiss Finance and we are under no obligation to deliver or expose such material to anyone. It is further clarified, that in any event in which the Company shall be required to deliver a copy of such or provide documentation regarding your account, including by strict instructions from the competent bodies or legitimate authorities, the Client shall bear the full cost of duplicating and/or copying of any record and/or documents in accordance with the then current official price list for such services.
- LIMITED LICENSE
8.1. The Company grants you a limited non-exclusive, non-transferable license to access and use the website (the “License”). The license is subject to your compliance with the terms of this Agreement. You agree not to resell or make available the Weiss Finance website to any other person, and will not copy any content contained on the website for resale or for any other purpose without the prior written consent of the Company. To avoid any doubt, the Client will be liable and bound by any unauthorized use of the website, in violation of this section.
8.2. The license granted to you by the Company in this Agreement to use the Software, will remain in effect for so long as this Agreement or any amended agreement which might replace it from time to time, also remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with the Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
8.3. You agree not to use electronic communication feature of a Service on the Weiss Finance website for any illegal, abusive, intrusive, obscene, threatening or hateful purpose, as well as harassment and vilification in the privacy of others.
- INTELLECTUAL PROPERTY
9.1. The https://www.weissfinance.com website, its Software and Documentary content belongs to the Company or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such copyright symbol or registered trademark, should not, under any circumstances, be construed as meaning that the database rights, name, or term is not the intellectual property of either Weiss Finance or a third party.
9.2a The Client may not disclose, display, distribute, lease, loan, modify, publish, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
9.2b You may transfer the Software to other computers that you own, as long as you only use it on one computer at a time.
9.3. All rights not granted to you herein are expressly reserved by the Company or its applicable licensor, suppliers or partners. The Client may not remove any proprietary notice of the Company from any copy of the Software or Documentation.
9.4. You agree to use the information received from the Company’s information systems for the sole purpose of executing Transactions inside and within the Company’s website or System. You further agree not to use any electronic communication feature of a Service on our website for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
- LINKS AND HYPERLINKS
10.1. The Company may offer a link to other websites that are provided or controlled by third parties. Such a link neither an endorsement or an approval nor a sponsorship or an affiliation to such site/s, its owners or its suppliers.
10.2. We strongly caution you and recommend that you make sure you understand the risks associated with the use of such websites before retrieving, using or purchasing via the Internet. Links to these websites are provided solely for your convenience and you agree not to hold the Company responsible for any loss or damage due to the use or reliance on any content, products or services available on other websites.
- ANTI-MONEY LAUNDERING (“AML”) AND KNOW YOUR CUSTOMER (“KYC”) POLICY
11.1. Money laundering occurs when funds from an illegal or criminal activity are moved through any part of the world’s financial system in such a way as to make it appear that the funds have come from legitimate sources. Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. The Company does not tolerate money laundering and supports the fight against money launderers.
11.2. You hereby declare that all funds to be deposited in your account are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
11.3. In order to enforce its Anti-Fraud and Anti Money Laundering policies, Weiss Finance has set a variety of security measures and fraud controls that require us to fully verify the Client’s identity in order to detect, deter and report potential suspicious activity. In particular, you are required to provide our compliance department via the following email [email protected] the documents itemized below when you deposit funds into your Weiss Finance Account (“Required Documents”):
- A clear color copy of your valid passport with the signature page. Or, a clear copy or digital photo (back and front) of a valid ID card where all corners of the document are visible.
- A clear color copy of the front and back sides of the credit/debit card(s) you are using to fund your account. The name of the cardholder must match the name on your passport/ID card. Please ensure that only the first 6 and the last 4 digits on the front of your card are clearly visible. Please cover the 3 or 4 digit CVV number on the back of your card.
- A copy of a utility bill (electricity bill, phone bill etc.) or a bank account statement showing your name, current residential address, and issue date no older than 3 months.
- A signed Declaration of Deposit (DOD) that contains the history of your online deposits on the System.
11.4. We require the receipt of all the above mentioned documents prior to making any cash transactions to your benefit. Some circumstances may require us to request these documents before allowing any other activities in your Weiss Finance account, such as deposits or trades. If you fail to provide us with the required documents, and monies you have already deposited will be frozen, and any pending withdrawals will be suspended. We will notify you on such events via our system.
11.5. The Company may, from time to time, at its sole discretion, require you to provide additional and/or updated proof of identity (such as a notarized copy of passport or other means of identity verification as the Company deems required under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
11.6. Pursuant to our Anti Money Laundering policy, the Company shall direct any monies that you wish to withdraw back to the original source of remittance.
11.7. Any fraudulent activity will be documented and all accounts related to it will be immediately closed. All funds in these accounts will be frozen and possibly forfeited.
12.1. The execution of any Transaction in the account is subject to the Client’s deposit of money to an account designated by the Company, to be used as Collateral (see 2.9 above) for the Transactions described herein. The Company shall not allow you to execute any Transaction without the said deposit of money and/or in the event that the Collateral is insufficient for the execution of a said Transaction, subject to the Company’s policy from time to time. To remove any doubts, in the event that the Company allows you to commence trading before it receives confirmation of deposit of Collateral by you, and where no Collateral was deposited, the Company shall have the right to deduct from any profits gained by you the amount which should have been deposited as collateral prior to your commencement of trading.
12.2. For the avoidance of doubt, monies received from you are not invested in any securities, futures, currencies, derivatives or other investments, on your behalf. Such monies are solely used as Collateral for your transactions in the System.
12.3. The Company shall have all rights and authority with respect to the Collateral until its withdrawal by the Client. In particular, the Company may deposit such funds with any financial institution including but not limited to such funds being used as Collateral for your Transactions.
12.4. In the event that a Transaction shall take place and for some reason there shall be no sufficient Collateral in the Client’s account, the Company shall have the right to decrease your exposure in the said Transaction and/or contact you to rectify such required Collateral and/or demand from the Client payment in full for any deficiency which has occurred by the Client’s Transaction which was not covered by sufficient Collateral. It is hereby expressly stated, that the above mentioned right of the Company, does not obligate it to decrease your exposure in any Transaction and you shall have no claims against the Company regarding your losses resulting from the decrease or non-decrease of your exposure in any particular Transaction by the Company.
12.5. When you make deposits through wire transfers, it is the responsibility of the Client to ensure that her/his Weiss Finance account number and the registered name of the account owner accompany every transfer to the Company.
- TRANSACTIONS & ORDER EXECUTION
13.1. By accepting all of the terms and conditions of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company, to carry out orders and activities in accordance with your instructions or according to instructions provided by your duly authorized agent(s) in writing and/or orally all in accordance with the powers granted to the Company under this Agreement and/or for the provision of the Services.
13.2. The acceptance of your instructions by the Company and the facilitation of execution of Financial Contracts by the Company shall be in accordance with customary practices in the international financial markets as well as customary practices which apply to Financial Contracts of the nature of the Contracts executed by the Client using the System.
13.3. All the Transactions shall be carried out on your behalf and at your risk. Neither the Company nor any authorized party on its behalf shall be held liable for any loss, damage or debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement. To remove any doubts, in any event, any sum to be claimed by you may not exceed your Collateral.
13.4. You may from time to time inform the Company of any person or persons that you have empowered or authorized to communicate with the Company on your behalf. Such information shall only be sent to the Company by a written notice, which shall include the names and identifications details of the authorized person or the persons. In addition a signature specimen of each of the above shall be delivered to the Company. This delegation of authority could also be revoked in writing. Written or orally transmitted orders to execute Transaction by any such authorized representative shall bind you and the Company for all intents and purposes.
13.5. The Company reserves the right to cancel at its sole discretion trades that were executed at rates that were ‘out-of-market’, regardless of whether said trades were the result of faulty market feeds or misquotes on the trading platform or human error, whether under the control of the Company or not.
13.6. The Client declares that she/he understands and accepts that a fundamental pre-condition to this Agreement, relates to the Company’s right to close at any time, without an advanced notice, any Transaction executed by you, in the event that your portfolio shall be of zero monetary value or less, as calculated with respect to the fluctuations in the Financial Contracts’ prices.
- SETTLEMENTS AND WITHDRAWALS
14.1. The Settlement of your losses shall be deducted by the Company or an authorized party on its behalf from the Collateral and payments of accrued profits made out to you by the Company or an authorized party on its behalf. Any profits accruing from your Transactions shall be added to your account as a supplementary collateral.
14.2. To remove any doubts, your Weiss Finance account balance shall bear no interest.
14.3. No funds or assets shall be transferred by one client to the other with respect to any Transaction.
14.4. In case you wish to withdraw funds accrued in your account, you must, as a pre-condition to processing your request, (i) complete, sign and return to the Company the ”Withdrawal Request” form, which shall be delivered to you by email by the Company or an authorized party on its behalf, and (ii) be fully KYC compliant as per article 11 of these Terms & Conditions.
14.5. No funds shall be released by the Company without the prior receipt by the Company or an authorized party on its behalf, of the ”Withdrawal Request” form, duly signed by you or your designated representative.
14.6. Without limiting the above-mentioned provision,
14.7. Winnings may only be paid to the initiator of an account and to an account under her/his own name and not to any third party’s account. When you maintain an account by means of telegraphic deposits, winnings shall only be paid to the holder of the originating bank account, and it is your responsibility to ensure that your Weiss Finance account number and your own name accompany all transfers to the Company. When you maintain an account by means of credit/debit card deposits, winnings are paid back to the same card up to the value of the collateral deposited. Additional winnings may be transferred by telegraphic means subject to the conditions described above.
14.8. It is hereby clarified that the Company does not provide currency exchange services and therefore your Collateral may not be repaid to you in a currency different from the currency you originally deposited with the Company. The outstanding balance (of your debts and receivables from the Company) shall be repaid to you in the same currency with which you paid your Collateral.
14.9. The Company may take up to 3 business days to process a withdrawal request. Once your application is approved all payments demanded by you shall be transferred to you within, and no later than, seven (7) business days following your request for payment.
14.10. Withdrawals are subject to a withdrawal fee depending on the chosen withdrawal method. As of the date of these Terms & Conditions the applicable withdrawal fees are as follows:
- Credit Card: 3.5%
- Wire Transfer: $20
- Withdrawals of less than 100 USD/GBP/EUR/AUD on Credit Card and/or Wire Transfer will incur a flat withdrawal fee of $20.
14.11. Refund / Cancellation Policy: In case a Client has paid or deposited money with the Company with respect to the services offered by the Company through the website, the Company reserves the right to refund / send back to the Client any amounts received in any of the following events:
(a) Upon the Client’s request, and subject to the Client’s balance with the Company and subject to the Client being KYC compliant. or
(b) Mutual agreement between Company and Client. or
(c) The Company’s requirements for provision of services have not been met by the Client. or
(d) Upon termination of the contractual relations between the Parties with or without cause. All though subject to any debt of the Client towards the Company.
- COMMISSIONS AND CHARGES FOR INACTIVE & DORMANT ACCOUNTS
15.1 Accounts with a positive balance that are inactive (no trades, no deposits, no withdrawals and no open positions) for a period of two months will be charged a monthly maintenance fee of 50 USD/GBP/AUD/Euro (depending on the accounts currency) or the remaining balance.
15.2 After a period of 90 days of complete inactivity, the company reserves the right to cancel any previously awarded bonus.
- TRADING SUSPENSION
16.1. The Company reserves the right to halt or suspend the trading facilities provided by the System, the operation of this website or sections thereof at any time without a prior notice due to the following circumstances:
- When, as a result of political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility and power of the Company, the continued operation of our website or the System shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or the Company, or if, in the sole discretion of the Company, a price cannot be calculated for financial betting contracts. or
- When there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial betting contracts or where the price or value of any of the financial betting contracts cannot be promptly or accurately ascertained.
16.2. Under such circumstances the Company or an authorized party on its behalf may close any open positions you may have (by performing a Reverse Transaction) without prior written notice being sent to the Client, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. You hereby waive any claims of indemnification, suits, and causes of action against the Company in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement.
- ACCOUNT SUSPENSION
The Company reserves the right to refuse or cancel services and/or refuse to distribute profits to any person at its sole discretion, including, without limitation:
- If the Company has reason to believe that the Client’s activities on our website may be illegal.
- If the Company has reason to suspect that the System was abused by you or that you have used some means in order to affect or manipulate the System in general or the price of a specific Contract in particular.
- If the Company shall have reason to believe that any information provided by you, including your email address, is no longer current or accurate.
- If you fail to provide to the Company any additional proof of identity such as a notarized copy of your passport or other means of identity verification as deemed necessary from time to time at the Company’s sole discretion.
- If your activities may result in monetary damage to the Company.
- If you fail to otherwise comply with any terms or conditions of this Agreement and all rules and guidelines for each Service.
- FINANCIAL INFORMATION
18.1. Through one or more of its Services, the Company can make available to you a wide range of financial information that is generated internally from agents, suppliers or partners (“Third Party Providers”). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”). The financial information provided on the Weiss Finance website is not intentional investment advice. The Company offers financial information as a service only. The Company and its Third Party Providers do not warrant the accuracy, timeliness, completeness, or correct sequencing of the financial information, or any results of your use of this financial information. The financial information may promptly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances. Neither the Company nor the Third Party Providers are required to update the information or opinions included in the financial information, and we can interrupt the flow of financial information at any time without notice.
18.2. Furthermore, it is hereby clarified that the Company is not, and shall not, be responsible in any way for the accuracy of any information published on its website by itself or by others, and every published or referenced item of information should be regarded as unfounded information for the purposes of managing your activity and risks. We strongly emphasize that you must ensure that all information required by you was checked and confirmed by yourself, through independent information sources to your satisfaction prior to the execution of any action by yourself on the website. IF YOU DO NOT HAVE THE KNOWLEDGE AND/OR EXPERIENCE AND/OR PERSONALLY ASSESSED DATA TO EXECUTE TRANSACTIONS BASED ON A LEARNED BASIS PLEASE DO NOT USE OUR WEBSITE OR SYSTEM. Weiss Finance shall not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information as mention above.
- LIMITED WARRANTY
19.1. We are committed to ensure continuity of the Services on our website. However, we assume no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of our website or Services. The Company declines any responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the Internet, the website or any Service. To the extent permitted by applicable law, in no event shall we be liable for any loss or damage arising from use of our website or Services for any content posted on or through the website or Services, or the conduct of all users of the website or Services, whether online or offline. You agree to use the website at your own risk.
19.2. You are aware that the Company does not provide any equipment nor is it an Internet Service Provider, and therefore it shall not be liable, directly or indirectly, to any malfunction of any kind and nature whatsoever, at your end, or any other equipment not provided by the Company and/or any Internet connection malfunction and/or any computer program or software bugs and/or errors including but not limited to delays in the transmittal of your orders or the delayed receipt thereof. The Client shall be responsible for providing and maintaining the means by which to access the Weiss Finance website, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access, service, license and subscription fees necessary to connect to the website and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the website and the services (hereinafter referred to as “computer” or “your computer”). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, against computer viruses or other similar harmful or inappropriate materials, devices, information or data. You agree that the Company shall not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You shall not transmit to or in any way, whether directly or indirectly, expose the Company or any of its online service providers to any computer virus or other similarly harmful or inappropriate material or device.
- LIMITED LIABILITY
20.1. By registering to the Weiss Finance and funding your Trading Account you hereby confirm the following:
- You are aware that the contract prices presented by the Company are the prices at which the Company is willing to sell its Financial Contracts. These prices do not necessarily reflect live market values.
- In the event of trading online you might expose yourself to considerable loss of the invested money or even to total loss of your invested funds.
- You read the terms of this Agreement and all terms relating to Financial Contracts as they are defined in this Agreement prior to the execution of any Financial Contract and fully understand the consequences and results of success or failure.
- You are aware of the risks involved in the execution of the transactions described in this Agreement and you have read and understood the Risk Factors Disclosure.
- By using this website you agree to assume full and exclusive responsibility and liability for your research, decisions and actions.
- Neither guarantee of performance, results nor any anticipated return on investment is offered at any time.
20.2. By using the services offered by the Company and by using this website the Client agrees that the Company and any other entities associated with the Company shall not be held liable for any direct or indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages, manual, worksheet, instructions, alerts, directives etcetera, and any other information contained in regard to its use and understanding.
20.3. You acknowledge that you are solely responsible and personally liable for any and all actions and orders to be executed in your account, including the settlement of any Transaction, whether performed by you in person, any member of your family, any other third party who have gained access to your account, or by your agent or attorney or the Company’s employees carrying out your orders. You further agree that neither the Company nor its employees or anyone on its behalf shall be liable in any way whatsoever to the outcomes or consequences of such actions and/or orders. You are responsible for ensuring that you and you alone shall control access to your account, and that no minors are granted access to trading on the System. In any case, you remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the website for your account. You shall also indemnify the Company in respect to all costs and losses of any kind, whatsoever as may be incurred by the Company as a result, direct or indirect, of your failure to perform or settle such a transaction.
20.4. You agree to defend and indemnify our company 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 your access to, or use of the Site or Services, your violation of any of the terms in this Agreement, or your breach of any applicable laws or regulations.
20.5. LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON OUR WEBSITE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
- TERM AND TERMINATION
21.1. The Company may terminate this Agreement at any time by giving you notice to this effect. You may terminate this Agreement at any time by giving the Company forty-eight (48) hours advanced notice. As of the date of the termination notice by you, you may not execute any new Transactions, which shall open new positions in your account, and your existing open positions shall be closed at the then available rates.
21.2. The license granted hereunder shall terminate if the Company considers that any information provided by you, including your e-mail is no longer current or accurate, or if you fail to comply with any term or condition of this Agreement and all rules and guidelines for each service. It will be the same if the Company determines that you committed a crime on the System (including without limitation the conclusion of a transaction outside the market rates).
21.3. If such a violation of these Terms and Conditions occurs, you agree to cease accessing the Services. You agree that the Company, in its sole discretion and without notice, may terminate your access to all or part of the Services, close any open transaction and remove and discard any information or content within a Service.
22.1. Severability: In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22.2. No Waiver: The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
22.3. Assignment: Our Company may assign this Agreement or any rights and/or obligations hereunder without your consent.
22.4. Entire Agreement: This Agreement, including all Sections listed herein, comprises the entire and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, understandings, arrangements, proposals or representations whether written or oral, heretofore made between the Parties and relating to this subject matter. In the event that the Client is comprised of several entities or individuals, the terms of this Agreement shall bind all of them jointly and severally.
22.5. Notices: The Company or an authorized party on its behalf may send to you any notices and documents by email, fax, post, telex, or by courier, as it deems fit. Any notice to be sent by you to the Company shall be sent by certified mail or by courier. Such notice shall be effective upon its actual receipt by the Company.
22.6. Jurisdiction: This Agreement shall be construed and enforced in accordance with, and shall be governed by Estonia, notwithstanding any conflicts of laws principles. Each of the Parties hereby irrevocably (i) consents to any suit, legal action or proceeding with respect to this Agreement being brought exclusively in the competent courts of Estonia (the “Courts”) and waives to the fullest extent permitted by law any objection which it may have now or hereafter to the venue of any such suit, action or proceeding in any such Courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, (ii) acknowledges the competence of such Courts, (iii) explicitly submits to the exclusive jurisdiction of such Courts in any such suit, action or proceeding, and (iv) agrees that final judgment in any such suit, action or proceeding brought in such Courts shall be conclusive and binding upon it and may be enforced in all courts.
If you have any questions concerning these Terms and Conditions, please contact our customer support team via the Live Chat on our website.
Or contact us by email: [email protected]