This Public offer, hereinafter referred to as the “Agreement” provides and regulates relations arising from the use of an Internet resource, located at http://grosl.com (hereinafter - the Site) and regulates the use of the Site’s resources by each individual registered on the Site as a Client. The terms of this Agreement are unconditionally accepted by the Parties without any further discussion. The Parties undertake to strictly and rigorously comply with the terms of this Agreement.
This Agreement shall be deemed as public offer in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation. Acceptance of the offer is performed by the Client completing registration process in the Client program on the Site and by putting a mark in a specially designated field. Without acceptance of the terms of this Agreement Client may not take part in the client program on the Site and receive compensation. The parties have agreed that checking a designated field at registration in the client program on the Site is deemed as Client's full acceptance and understanding of the entire text of this Agreement and is deemed as full and unconditional acceptance of its Terms. This Agreement shall enter into force upon Clients completion of the registration in the client program on the Site.
1. Definitions and terms.
The Parties have agreed to use in their mutual relations the terms and definitions given below, with the meaning as per the Agreement, unless otherwise provided by applicable law.
A binary option contract - Arbitration deal with the fixed expiration time, aimed to profit from exchange rate differences in prices of trading tools.
Binary Options Broker - a legal entity that provides services to customers on trading binary options contracts on the terms and conditions stipulated by agreements with customers (hereinafter - the broker).
Client - any individual who has registered on the Site in order to use the services provided by the Contractor.
Personal account of the client – a workspace of the Client on the Site, where the Client performs commercial and non-commercial operations and is able to edit personal data and settings.
Company - Grosl LLC, granting customers with access to the trading terminal services to provide information about the trading signals for trading binary options contracts and other services under the terms and conditions of this Agreement (hereinafter - the Company, the Contractor).
Nontrading operation - Any operation carried out by the client in his personal account on the Site and not directly related to trading binary options contracts, including such operations as topping up of the client's account, the withdrawal of funds from the client's account.
Client’s Account - a special section of the personal account of the client on the Site with incoming and outgoing financial transactions is monitored.
The party - the Client or the Company individually, together - Parties.
Trading operation - operation of buying and selling binary option contracts made with the help of the trading terminal in the personal account of the client on the Site.
Trading platform - software, implemented on the Site, and intended for trading binary options contracts on the broker's end.
Trading instrument - an asset that is available for making binary options transactions through the purchase of the relevant contract.
Trading Signal - Recommendation on transactions of buying and selling binary options contracts provided to the client by the Company once a client is connected to a Broker.
2. General. Subject of the contract.
2.1. The Company under this Agreement shall provide access to the trading terminal on the Site; connects brokers with whom the client enters into a separate agreement; provides broker with information on the trading activities of the client; informs clients on trading signal; provides other related services under the Agreement, and the customer agrees to pay for services.
2.2. Client’s trading operations on the Site may be carried out under conditions of a client opening and account with a broker, that is connected to the trading platform of the company, and if there are sufficient funds in the account.
2.3. The parties have agreed that the company provides access to the trading terminal and the services without causing mutual financial obligations, except client’s obligation to pay for company’s services. The Company is not a party to the contractual relationship between the client and the broker and cannot undertake any liability arising on the grounds stipulated by agreement between the client and the broker, as well as resulting from the action (or inaction) of the mentioned parties.
2.4. To use the services of the company, a client agrees to ensure internet access on his/her end, as well as to ensure necessary software. The company cannot accept responsibility for any violation of this Agreement and (or) the rights and legitimate interests of the client arising from this Agreement the failure occurred due to client’s mistreatment of the obligations under this paragraph.
2.5. When registering on the Site a client provides the following information: name, surname, e-mail address. The Company reserves the right to suspend access to the Site identifying false information provided by the customer during registration. The client also indicates a chosen personal password, which together with personal email address (login) are credentials to access the site. It is Client’s responsibility to ensure safety of the identity and not to transfer any credentials to the third parties. In the event of unauthorized access to client's personal account on the Site, a client shall immediately notify the Contractor. Entering the incorrect credentials, unless proven otherwise, is seen as client’s actions.
2.6. The registration procedure is completed by the client confirming the e-mail address by clicking on the link provided in the email sent to this address. The Company may use additional means of customer identification.
2.7. Clients may not be register if there already exists a registered user under the chosen login.
2.8. Company provides quoting of trading instruments, using their own paid sources of quoting, using quotation processing flow according to client’s needs and deals a client opens.. Quotes of any other companies, as well as those taken from other paid sources, cannot be taken into account when dealing with disputes.
3. Execution of non-trading operations.
3.1. Basic non-trading operations of a client are such operations as depositing funds to a personal account and withdrawal of funds from it.. When a client performs a non-trading operation, it is guided by the law of the country that rules over the respective financial operation. The Company reserves the right to make demands to a client performing non-trading operations, and these demands are governed by the legislation of the Russian Federation on withstanding the legalization of proceeds from crimes and financing of terrorism.
3.2. Non-trading operations are carried out by the client only from the personal account of the client after authorization on the Site.
3.3. Transfer of funds in the personal account of the client can be performed using a credit card held by the client. The Company reserves the right to demand documents confirming the ownership of the credit card by the client. The customer is informed that when funding the account the payment of fees for the transfer of existing funds entrusted to it.
3.4. The currency in which the balance of funds is displayed on personal account is determined by the client when registering on the Site and cannot be changed.
3.5. The company has the right to set the minimum amount of deposit for the client. The company receives cash from customers only for services rendered by it. These funds will not include trading account of the client, which is serviced by the broker in the manner and according to the terms brought into accordance with the client.
3.6. The funds are considered to be received by the client from the moment of their arrival to the company’s account. Subsequently, information on receival of funds appears in the client’s personal account.
4. The procedure for trading relations.
4.1. Under this Agreement the Company provides the client with trading platform for trading binary options contracts with a mandatory condition for a client to sign up to a broker. The procedure of performing trading operations is defined in the client's agreement with the broker signed at the opening of a client’s trading account with the broker.
4.2. The company is not a party to any agreements between the client and the broker and is not entitled to intervene in the trading operations of the client, except as instances permitted by this Agreement and the legislation of the Russian Federation.
5. Rights and obligations of the Parties.
5.1. Company’s rights.
5.1.1. The Company may, at its discretion, without prior consent of the client, make changes to the list of services provided by the company, to carry out advertising and marketing campaigns, make changes to the design elements and the programming code of the Site.
5.1.2. In the case of repeated violation of the terms of this agreement by the client, Company may send him an e-mail or a personal messages on the site warning the indicating violation. In case of continued violations, the Company shall be entitled to block client’s access to the Site and to cancel client’s Personal Account on the Site. When blocking client’s Personal Account the Company is entitled to retain all funds on the clients account as a penalty for violation of client’s obligations.
5.1.3. The company limits the possibility of client performing trading operations through the trading terminal on the site until the client signs up to the terminal of a chosen broker.
5.1.4. Perform maintenance work on the site, so that client’s access to the trading terminal and the site may be temporarily limited. The Company shall notify the client by any means available regarding the upcoming maintenance routine.
5.1.5. The company has other rights provided for in this Agreement and applicable laws of the Russian Federation.
5.2. Obligations of the company.
5.2.1. Provide services of appropriate quality in accordance with the terms of this Agreement. In any case, Company obligates to provide the client with trading terminal, located on the Site and to ensure its’ functioning in accordance with generally accepted standards of such products, as well as provide the client with trading signals on the condition the client has paid for them. Trading signals are provided to the client after the client has signed up to the broker’s trading platform.
5.2.2. Not to obstruct any of the client’s trading and non-trading operations, if these actions do not violate the laws of the Russian Federation and (or) the terms of this Agreement, and will not violate the rights and legitimate interests of third parties. In the framework of the provision of trading signals obligations of the Company are considered to be executed properly upon client’s receive of the trading signal on the trading terminal. The company is not obliged, except for providing the client with trading signals, to give any additional clarification or guidance on trading binary options contracts, including cases of client requesting it.
5.2.3. Use the information received from the client, including the personal data, solely for the purpose of ensuring its obligations under this Agreement.
5.2.4. The company also undertakes other obligations under this Agreement.
5.3. Client’s Rights.
5.3.1. Client is free to use services provided by the Company on the Site.
5.3.2. To choose independently a broker that must be connected to the trading terminal on the site.
5.3.3. To trade binary options contracts in the trading terminal in accordance with the terms of the agreement with the broker where the client has an open account. A client, when performing trading operations, decides at discretion and voluntarily to wither follow or ignore trading signals provided by the Company as a result of execution of this Agreement.
5.3.4. At any time to opt out from receiving trading signals from the Company, and in order to do so it is required to perform a corresponding operation on the client’s personal account on the Site.
5.3.5. Client has other rights under this Agreement and under the applicable legislation.
5.4. Obligations of the client.
5.4.1. To comply with the terms of this Agreement.
5.4.2. To maintain equipment used to connect to the Internet and to access the site, as well as the appropriate software in working condition throughout the period of this Agreement.
5.4.3. To not perform any actions aimed at the violation of the security of the Site and its functionality, including introduction of malware to exercise unauthorized access to the Site or the computers of other clients, etc.
5.4.4. To not use the Site and trading platform for illegal purposes.
5.4.5. To provide Company at the registration and all other future stages with valid information only.
5.4.6. To take necessary precautions to ensure safety of identity, and not to pass it to the third parties.
5.4.7. Promptly inform the Company about the loss or the transition of information on the identity to third parties, in order for the Company to take measures to prevent unauthorized access to the trading terminal by third parties.
5.4.8. Notify the Company of any changes to personal data that was previously provided to the Company for the provision of services under this Agreement.
5.4.9. To sign up to any broker that can be connected to the trading platform on the Site before starting the trade itself, and the account of the broker must be topped up with the necessary amount as agreed between the broker and the client.
5.4.10. The Client is also other obligations under this Agreement and applicable law.
6. Payment for services.
6.1. Company charges the client with a monthly fee for the services a Company provides and in the amount determined by the Company. The monthly fee can be paid by the client monthly or weekly by depositing finances to the client’s personal account on the Site.
6.2. After a client pays a subscription fee in full amount, the Company must begin begins providing paid services within 1 day from the date of receipt of funds. The Company may not commence the provision of paid services until full payment of the monthly subscription fee is received. Terms of paid services (rates, availability of service packages based on content, etc.) may be established by the Company in the individual clauses, published on the Site.
6.3. In case of client’s refusal (within 30 days after the first monthly subscription fee) from further use of paid services of the Company and under the condition that the client has never used the trading platform for trading, the Company returns the client subscription fee in full amount. In other cases return of subscription fees to the client is not allowed.
6.4. Company provides the client that has signed up to a broker with a 7-day trial period, and during this trial period the client is entitled to receive free trading signals from the Company without paying subscription fee. This time period is active from the moment a client has signed up a broker in the trading terminal of the Site.
6.5. Client is entitled to deposit money to the trading account in accordance to the agreement with the broker. The Company does not accept money from clients to replenish their accounts.
7. Liability. Risk Disclosure Statement.
7.1. This paragraph notifies the client that the trading binary options contracts is a highly risky financial where a possible partial or total loss of the invested funds may occur. Before the start of trading through the trading terminal, a client is obliged to additionally explore further a notice on risks, and notice on risks is included in this Agreement as well as the Agreement between a client and a broker.
7.2. By accepting this Agreement, a client assumes the risk of partial or total loss of their invested funds and risks associated with the use of electronic payment systems. The client is aware that investment of funds the loss of which may significantly worsen living conditions is on his responsibility only.
7.3. The company does not guarantee the reliability and accuracy of trading signals it provides therefore it cannot be held responsible for the client’s expectations derived from trading signals, or from the market situation. Trading signals are not mandatory for the client’s use and must be used at client’s own risk. The company is not entitled to exert any pressure on the client in order push the client towards a particular investment decision.
7.4. The company does not guarantee the availability and accessibility of the site and of the trading platform at any time and on a continuous basis; their performance and functionality as well as absence of software bugs and other defects. The company does not guarantee the security of the Site and of the trading platform from unlawful acts of third parties aimed at malfunction of the Site and of the trading platform, the destruction of the information security of the Site, etc. and cannot be held responsible for these acts of third parties and the consequences of committed actions.
7.5. The company cannot be held responsible for any client’s or third party’s damages caused by unauthorized access of third parties to the personal account of the client on the Site in cases when employees fault is not at stake, as well as due to improper execution of this Agreement by the client.
7.6. The Company does not guarantee that the Site and trading platform will meet the individual needs and preferences of the Client. Before starting work on the Site the client must make sure that the site and trading platform satisfy the requirements.
7.7. The company cannot be responsible for non-compliance or client’s lack of equipment necessary for the proper functioning of the Site and trading platform. The Company is not responsible for the actions of third parties, due to the action (or inaction) of which the client cannot use the Site (eg, actions of the internet provider that has restricted access to the Internet).
7.8. Inability to access the Site, illigeal actions of the client or third parties aimed at malfunction of the Site and damage of information security, dysfunction of the Site and actions of state authorities are not considered to be a failure or improper performance of Company’s obligations.
7.9. In case of force majeure, as well as accidents or failures in the hardware-software complexes of third parties that are cooperating with the Company, or actions (inactions) of third parties aimed at suspension or termination of proper operation of the Site, the Site may be suspended from operation without a prior notice being sent to the Client.
7.10. None of the Parties shall be responsible for the total or partial failure to fulfill any of its obligations if the failure is the result of circumstances such as flood, fire, earthquake and other natural disasters, war or military operations, and other force majeure that arise after signing of Agreement and are independent of the will of the Parties.
8. Confidentiality. Intellectual property.
8.1. The company receives and processes the data received from the client exclusively for the fulfillment of its obligations under this Agreement. The Contractor undertakes not to transfer to third parties the data received from the client without client’s consent, except as required by law.
8.2. Client’s provision of the personal data means client’s unconditional consent to the fact that the Company will process personal data, using it to inform the client about the activities of the Company and the Site, to perform other actions related to the need of fulfillment of the terms of this Agreement.
8.3. The company's website uses a technology called «cookies» to obtain statistical information.
8.4. In terms of this Agreement, the Company provides the customer the right to use the site's features, including the trading platform, exclusively for the personal use and benefit in accordance with the terms of this Agreement. All graphics, software and other necessary elements of the Site, including the trading platform is the intellectual property of the Company and (or) individuals with whom the company is in the respective ratios of treaties. The conclusion of this Treaty does not imply a transition to the client of any exclusive rights to the above-mentioned intellectual property.
8.5. The Company reserves the exclusive rights to the Ste and trading platforms, as well as their constituent parts that are not explicitly given to the client in accordance with this Agreement. The Client undertakes to use the Site and trading platform within the framework established by this Agreement, without violating the exclusive rights of the Company.
9. Settlement of disputes.
9.1. In case of disagreements between the Parties regarding the execution of this Agreement the preferred form of their solution are negotiations that can be performed in any form agreed by the Parties.
9.2. If no agreement is reached by the Parties, each Party may submit a claim to the other Party, issued in writing. The complaint must contain the following Client's identification data: first name, middle name, and last name, and passport number, place of registration, e-mail address, and contact telephone number. Without this data the Company has the right not to consider the submitted claim. The Company sends a claim against Client to the e-mail provided by Client at registration. Parties recognize the legal validity of messages sent by e-mail. Unless proven otherwise, a message sent by e-mail shall be deemed as received by the other Party on the expiration of 24 hours from the time of dispatch. Companies claim has to be considered and reviewed by Client within the deadlines specified in the claim, but not later than within 10 days of its receive by the Client. In case of Company's failure to receive a response to the claim within a reasonable period of pre-trial procedure for settling disputes, the Company is entitled to seek resolution of the dispute by means provided by the law of the Russian Federation.
9.3. Client's claim may contain information about violations of this Agreement by the Company.
9.4. Complaint is reviewed by the Company during 10 days from the day of its receipt by the Company. Affiliate will be notified on the outcome of the review by email or postal letter
9.5. Complaint and Dispute Resolution is mandatory for the Parties.
10. Final Provisions.
10.1. This Agreement is in electronic form and requires no additional written form and signing by the Parties.
10.2. The Company has the right to change and modify the terms of this Agreement at any time at its' sole discretion. Change and modification of terms of Agreement is enacted by Company's publication of the new version of the Agreement in the open access to the site, without prior notice to the Affiliate regarding it. Placement of the new edition of the Agreement on the Site is considered to be an appropriate form to notify the Affiliate of the changes in the Agreement. The new version of the Agreement shall enter into force upon its publication on the Site.
10.3. Each Party may terminate this Agreement at any time at its sole discretion. The company posts on the Site or sends an e-mail to the client with the notice of termination of the Agreement. Customer terminates the Agreement by deleting the account on the Site. This Agreement shall be deemed as terminated from the date of cancellation of the Client's account in connection with the violation of the terms of the Agreement. The Agreement is considered to be terminated from the moment the Parties fulfill their obligations to each other.
10.4. The parties have agreed that their correspondence is performed through email, except as otherwise specified in the Agreement, and is recognized as legally binding in the event of a dispute.
10.5. The parties have agreed that relations between the Parties that have not been regulated by this Agreement are subject to the current legislation of the Russian Federation.