TERMS AND CONDITIONS

The following Terms & Conditions shall replace any

time you first place an order with 1TradeMarket or otherwise

prior or existing agreement between the parties, or

instruct us to provide a service in respect of the

previously issued Terms & Conditions, and shall

financial products.

apply to any existing arrangements currently

operating between the parties. By executing an

1TradeMarket may in its discretion allow you to have two or

account application and/or undertaking any

more accounts from time to time. A reference in

transaction with 1TradeMarket Ltd.

these terms to “account” is a reference to all of the

(“1TradeMarket”,

accounts you have, unless the context requires a

“we” or “us”),

different meaning.

you hereby agree to be bound by the following

Terms & Conditions (as amended from time to

MODIFICATION OR TERMS

time).

These Terms & Conditions can be modified at the

This Terms & Conditions was prepared on May 10^th,

discretion of 1TradeMarket and without prior notice. Your

2018. All information contained in this T&C has

use of this website is governed by the version of

been obtained from sources believed to be

the Terms & Conditions in effect on the date the

accurate.

site was accessed by you. You should review the

most current version of these Terms & Conditions

by logging on to the 1TradeMarket website on a regular

NOTICE

basis. We will not notify you individually, however

we will publish on our website that the Terms &

It is your responsibility to read these Terms &

Conditions have been modified. This website

Conditions. Please read them carefully, as you

publication serves as notice of the modification,

agree to be bound by the terms herein by

and you are presumed to have consented to the

accessing the 1TradeMarket website, by completing

new terms by continuing to use, view or conduct

customer account paperwork, or by completing

business via the website.

any transactions with 1TradeMarket. If you do not agree to be

bound by these terms, do not access the website or

otherwise conduct business with 1TradeMarket. You are

OTHER AGREEMENTS

presumed to have read these Terms & Conditions,

PDS and all other legal and compliance documents,

These Terms & Conditions are to be read and

by continuing to access the website.

interpreted along with all other agreements

between you, the Client and 1TradeMarket, including but not

limited to any c u s tom er or account agreements,

TERMS

or any other agreements that govern your use of

contents, information, products and services

These Terms & Conditions cover the account you

available on and through the 1TradeMarket website. These

must have to manage your transactions.

Terms & Conditions and the other agreements,

primarily the Product Disclosure Statement

In order to establish your account, you must

(“PDS”) and customer account application, form

complete an account application that must be

one agreement and should be read as such.

accepted by 1TradeMarket. 1TradeMarket may, in its absolute

However, in the event of inconsistency, the terms in

discretion, accept or decline to provide any one or

the legal documents described below will rank

more financial products that you have selected in

according to the following priority, to the extent of

your account application.

any inconsistency:

These Terms & Conditions will apply to you in

• PDS

respect of any financial product that you have

• Terms & Conditions

selected in the account application from the earlier

• Account Opening Form

(a) the time 1TradeMarket accepts your account

application; (b) the time 1TradeMarket otherwise agrees to

provide the financial products to you; and (c) the

2 | Terms & Conditions | 1TradeMarket

The 1TradeMarket website may have general advice, news,

WEBSITE USE

quotes, and financial research supplied by a third

party, not affiliated with 1TradeMarket. The source of such

Use of 1TradeMarket website is intended for your personal

information will be clearly identified on the website.

use, it is not to be used commercially unless a

Such material will be available in certain areas of

written agreement between you and 1TradeMarket states

the site or by a “hyperlink” to the third party. The

otherwise.

contents of these links and publications are

protected by applicable intellectual property laws

The content of this website is not to be distributed

and international treaties and licensed from and

to, or used by, any person in any country or any

owned by the third parties.

jurisdiction where the use or distribution is

considered unlawful and contrary to the local

1TradeMarket does not approve nor endorse such third party

regulations. 1TradeMarket will not accept nor distribute its

contents. These contents are considered general

products and services to people residing in

advice. They are not to be used as personal or legal

countries where the use of such services is contrary

advice. The content is obtained from sources

to local law.

believed to be reliable but cannot and is not

guaranteed to be accurate. The 1TradeMarket website may

This website is not in any way to be considered a

contain links to other (third party) websites. While

solicitation to buy or offer to sell any product or

1TradeMarket will work hard to provide accurate and timely

service to people in any jurisdiction where such

information to its clients, the company w i l l not,

products and services are considered unlawful.

under any circumstances, guarantee the accuracy

Thus, it is your responsibility as a user of this site

and timeliness of the information provided by third

to determine the terms of your jurisdiction and to

parties. Please be aware that 1TradeMarket DOES NOT

comply with all local laws and regulations.

control the contents of these sites, nor the accuracy

of information on them. Neither does 1TradeMarket endorse

OUTSIDE ADVISE AND RISK

the materials on these sites. 1TradeMarket WILL NOT be

responsible for any of the information provided by

By accessing the C L M website and agreeing to

third parties, and will not be held liable, nor will i t

these terms, you acknowledge that you have had

indemnify, for losses sustained as a result of

the opportunity to obtain independent taxation and

reliance upon third party information.

financial advice. 1TradeMarket provides general and not

personal advice. All information contained in the

YOUR RIGHTS AND OBLIGATIONS

1TradeMarket website is geared towards the general user.

1TradeMarket does not provide information about taxes or

1TradeMarket grants you a non-exclusive, non-transferable

any other legal matters, nor does it give investment

and limited personal license to access and use its

advice.

website. This license is conditional on your

continued compliance with these Terms &

It is your responsibility to determine if any

Conditions.

investment or strategy used is appropriate to you

based on your personal appetite for risk, and

You agree that you will make no changes or links

your personal objectives. Should you need special

to the website, nor will you resell or permit access

advice please consult a professional who can tailor

to the website to others. You agree that you will

information to meet your needs.

not copy any materials appearing on the website

for resale or for any other purpose without the

By using this website, you are representing to 1TradeMarket

prior written consent of 1TradeMarket.

that you have considered y o u r own financial

circumstances and that you understand the risks

You agree that all information on this website is to

of the transactions you enter into with 1TradeMarket.

be used for the sole purpose of executing

transactions inside and within the 1TradeMarket website.

RELIANCE ON AND USE OF

INFORMATION ON THE 1TradeMarket

You also agree to only use the site for the purpose of

gaining access to the services it provides. Any other

WEBSITE

use of this website is considered unlawful, and will lead

3 | Terms & Conditions | 1TradeMarket

to termination of any agreements you have with 1TradeMarket.

Terms & Conditions, the security of the website,

Other actions can and will be taken by 1TradeMarket if needed.

or for other reasons. You agree that such

Upon such violation, you are required to immediately

monitoring activities will not entitle you to any

cease the use of the 1TradeMarket website.

cause of action or other right with respect to the

manner in which 1TradeMarket monitors your

You must keep all passwords secret and ensure that

Communications. In no event will C L M be liable

unauthorized third parties do not obtain access to your

for any costs, damages, expenses or any other

account.

liabilities incurred by you as a result of 1TradeMarket

monitoring your activities.

You agree to use ordinary care and reasonable

diligence in protecting your personal account

DISCLAIMER OF LIABILITY

information, including login and password

information, and agree to be responsible for any

1TradeMarket will NOT be liable for any damages, including

damages due to another’s use of your personal

but not limited to: special, consequential,

account information.

incidental, direct or indirect damages incurred from

the use of its website. Such damages include but

CLIENT INSTRUCTIONS

are not limited to, loss of profit from trading,

loss of profits due to the use of the general

Transmission of an instruction by you will not

information

provided by third

parties

constitute a binding contract with 1TradeMarket until

inconvenience, delay, slippage in stops, technical

confirmed by 1TradeMarket.

difficulties when accessing the trading platforms,

even if 1TradeMarket has prior knowledge of the possibility

You must execute, or otherwise authorize 1TradeMarket to

of such losses, expenses o r damages.

execute, all such agreements and other documents

as required to enable the provision of the services

No warranty of any kind, implied, express, statutory,

and financial products contemplated by you. You

or otherwise, including but not limited to:

appoint 1TradeMarket as your attorney to do all things

warranties of title, fitness, merchantability, freedom

necessary to enter into such agreements on your

from defect or computer viruses, or non-

behalf.

infringement of third party rights, is made or given

by 1TradeMarket.

COMMUNICATIONS AND

INFORMATION

Unless otherwise required by law, C L M will NOT

be responsible or liable to you for any losses

resulting from causes that 1TradeMarket has no direct

Unless otherwise indicated any communications,

control over. Such losses include but are not

information, or material of any kind that you e-mail

limited to failure of electronic communications and

or otherwise transmit through the 1TradeMarket website,

data transmission due to phone line or internet

including information, data, questions, comments

failure. 1TradeMarket is NOT liable for any viruses, theft,

or suggestions (your "Communications") will be

unauthorized access, fire, weather, war, terrorist

treated as non-proprietary and non-confidential.

acts, accidents, or actions of governments.

By accepting these Terms & Conditions you grant a

license to 1TradeMarket to use your Communications in any

ANTI-TERRORISM/MONEY

way, either on the website or elsewhere, with no

LAUDERING

liability or obligation to you. 1TradeMarket is free to use any

idea, concept, know-how or technique or

You acknowledge that:

information contained in your Communications for

any purpose including, but not limited to,

a) we are subject to various anti-money

developing and marketing products.

laundering

and

counter-terrorism

financing guidelines

(AML/CTF Laws)

1TradeMarket is entitled, but not obligated, to review or

which may prohibit us from offering

retain your Communications. 1TradeMarket may monitor

services or entering into or conducting

your Communications to evaluate the quality of

transactions; and

service you receive, your compliance with these

b) the

AML/CTF guidelines include

4 | Terms & Conditions | 1TradeMarket

prohibitions against any person dealing

comprehensive, and the Company’s Privacy Policy

with the proceeds of or assets used in

contains additional information. The Company’s

criminal activity (wherever committed) and

from dealing with any funds or assets of, or

https://www.1trademkt.com and should be read

the provision of finance to, any person or

alongside this clause as it sets out types of personal

entity

involved

(or

suspected of

data which 1TradeMarket collects about the Client and

involvement) in terrorism or any terrorist

additional ways in which it safeguards and use such

act.

personal data.

1TradeMarket may:

You agree that:

a) collect, use and disclose the Client's

a) we are not required to take any action or

information to assist it in relation to the

perform any obligation under or in

internal administration and operations of

connection with your account application

1TradeMarket Associated Companies and Group

if we are not satisfied as to your identity or

Entities;

if we suspect on reasonable grounds that

b) disclose the Client's information to

by doing so we may breach the AML/CTF

Governmental

Authorities,

credit

guidelines;

reporting agencies, contractors or service

b) we may delay, block or refuse to make any

providers and to other parties authorised

payment or to provide any service if we

and/or

required

Applicable

believe on reasonable grounds that to do

Regulations to collect the Client's

so may breach any law, and we will incur

information including, without limitation,

no liability to you if we do so; and

to a service provider in connection with

c) we will not incur any liability to you for any

the provision of services to the Client;

loss you suffer (including consequential

c) collect and use the Client's information to

loss) however caused by reason of any

maintain its relationship with the Client;

action taken or not taken by us as

and

contemplated in paragraph

(a) or

(b)

d) use and disclose the Client's information

above.

for compliance and in accordance with

Applicable Regulations.

You agree to provide all information and

documents to us which we reasonably require to

The Client consents to 1TradeMarket disclosing or

comply with internal AML/CTF procedures. You

transferring the Client's information to any other

agree that we may disclose information which you

jurisdiction in which 1TradeMarket representatives,

provide to us, or about transactions you have with

Associated Companies, Group Entities or service

us or which you seek to conduct with us, if we are

providers are located. 1TradeMarket will take appropriate

required to do so by any applicable laws in any

measures to protect the security of the Client’s

country.

personal data and details of the companies and

countries involved in processing the Client’s

You represent and warrant to us that the payment

personal data will be provided upon request to

of moneys by us in accordance with your account

1TradeMarket Data Protection Officer.

application, or any instructions given by you, will

not breach laws in any country.

The Client has the right, on payment of a

reasonable fee, as determined by 1TradeMarket to receive a

copy of the information it holds about the Client, to

PRIVACY

the extent that it constitutes the Client’s personal

information. If the Client wishes to exercise this

1TradeMarket may obtain information (including personal

right, the Client should write to the Data Protection

data) from the Client during the course of its

Officer.

relationship with the Client. This section describes

some of the key issues in relation to how we process

If the Client would like to change or modify

this personal data, which the Client should be

information previously provided to 1TradeMarket to remove

aware of. Please note that this description is not

information from its database or elect not to receive

5 | Terms & Conditions | 1TradeMarket

certain communications from us, the Client should

1TradeMarket will provide all clients, via the electronic

do so by writing to the Data Protection Officer.

trading platform(s), with access to bothdaily and

historical account statements allowing you to check

1TradeMarket is dedicated to protecting data and to

your open positions, Margin requirements and cash

promote compliance with rules set forth by, among

balances, and trading confirmations. Should you

others, the European Union.

have any queries relating to your statements we

encourage you to contact us.

This Agreement shall be supplemented by the

General Data Protection Compliance form

OTC and exchange traded contracts can be

available on our website at www.1trademkt.com

highly leveraged and speculative with a high

degree of risk. Potential investors and traders

should be experienced in foreign exchange

ILLIGALITY

contracts and CFD products or understand and

accept the risks of investing in Exchange traded

If any event occurs which has the effect of making or

and OTC contracts.

declaring it unlawful or impracticable for 1TradeMarket to

offer or to maintain transactions to you in

We recommend that you consult your financial

accordance with the terms outlined in these Terms

adviser or obtain other independentadvice before

& Conditions, 1TradeMarket may immediately terminate

trading in the products offered by 1TradeMarket. 1TradeMarket does

these terms by providing you written notice of that.

not and will not give your personal financial advice.

A termination of these terms will also result in the

closure of all transactions. Any such termination will

If the Client does not fully understand the risks

not relieve you of any obligations you may have to

associated with 1TradeMarket’s services, then they should

1TradeMarket in accordance with these terms prior to the

not use 1TradeMarket’s services

termination.

CLIENT REPRESENTATION &

For this clause, events include any change in law,

WARRANTS

regulation, treaty, order, official directive or ruling

or in their interpretation or application by any

The Client represents and warrants to 1TradeMarket that

governmental authority or agent, and the

each such representation and warranty is deemed

introduction, implementation, operation or taking

repeated each time you open or close a contract by

effect of, any law, regulation, treaty, order or official

directive or ruling.

reference to the circumstances prevailing at such

time, that:

TERMS OF SERVICES & RISKS

• Delivery and execution by the Client of this

Agreement, and performance of all of the

In order to open an account, you are required to

Client’s obligations considered under this

complete, sign, and return an online Application.

Agreement, does not violate any Law

Your Application to open an account must be

applicable to the Client.

approved by 1TradeMarket. 1TradeMarket reserves the right to refuse

• All information provided by the Client to

to open an account for any person.

1TradeMarket is true, correct and complete, and the

Client will notify 1TradeMarket promptly of any

1TradeMarket only accepts Margin FX Contract and CFD

changes to such information.

order instructions via the electronic trading

• That information nor the Client's conduct

platform(s). You are required to access the

or the conduct of anyone acting on its

electronic trading platform(s) on a daily basis to

behalf in relation to the transactions

confirm that any order instructions you submitted

contemplated by this Agreement, was or

have in fact been received by us, to re-confirm all

is misleading, by omission or otherwise.

orders that you placed with us, to review order

• The Client shall make ongoing disclosure

confirmations we provided, to ensure their

to 1TradeMarket of any matters that may affect the

accuracy and monitor your Margin obligations. Any

operation of this Agreement or of the

order discrepancies identified must be reported to

ability of the Client to pay Margin Calls or

us immediately.

to remain solvent.

6 | Terms & Conditions | 1TradeMarket

In addition to other remedies available to 1TradeMarket, if

DISCLAIMER OF LIABILITY

the Client fails to pay any amount when due under

this Agreement, 1TradeMarket offset, to the extent permitted

1TradeMarket will NOT be liable for any damages, including

by law, such amount against any amount payable by

but not limited to: special, consequential,

1TradeMarket to the Client.

incidental, direct or indirect damages incurred from

the use of its website. Such damages include but

1TradeMarket is entitled to offset, against any amounts due

are not limited to, loss of profit from trading, loss

to it by the Client, any amounts received by 1TradeMarket

of profits due to the use of the general information

from or on behalf of the Client including but not

provided by third parties, inconvenience, delay,

limited to moneys received as Margin Deposits or

and slippage i n stops, technical difficulties when

Margin Calls. 1TradeMarket may determine the application

accessing the trading platforms, even if 1TradeMarket has

of any amounts which are to be offset at its own

prior knowledge of the possibility of such losses,

discretion.

expenses or damages.

A Client must not offset against any amounts the

The Client shall indemnify and hold 1TradeMarket harmless

client owes to C L M by any amounts 1TradeMarket owes to

from any and all liabilities, claims, costs, expenses

the Client.

and damages of any nature, including, but not

limited to, reasonable legal fees and any fees and

expenses incurred in connection with litigation,

THIRD PARTY SOFTWARE OR

arising out of or relating to the Client or an

PLUGINS

Authorized User’s negligence, mistake or willful

misconduct, the violation of any Law by the Client,

The Client acknowledges and agrees, and will

or the breach by the Client of any provision of this

ensure that each Authorized User acknowledges

Agreement.

and agrees, that:

The Client also agrees to promptly pay 1TradeMarket for all

1TradeMarket is authorized to deduct fees from the Client

damages, costs and expenses, including

Account, upon receipt by 1TradeMarket of confirmation that

reasonable legal fees and expenses, incurred by

the Client has elected to subscribe to a particular

1TradeMarket in the enforcement of any of the provisions of

third party software or plugin.

this Agreement. The Client's obligations under this

Clause shall survive the termination of this

Client is wholly responsible for managing the risks

Agreement.

(including the risk of financial loss) associated with

using a third party software or plugin.

LIQUIDATION

1TradeMarket is entitled to refuse to allow or terminate,

The Client is required to maintain sufficient level of

refuse access or impose limitations on certain third

Margin Deposit. 1TradeMarket reserves its full rights to close

party software or plugins at any time, at its sole

out all Open Positions, if at any time the Margin

discretion.

Deposit held by 1TradeMarket is approaching or is no longer

sufficient to cover the negative mark to market

The Client is aware of the risks associated with third

value of any or all Open Positions that the Client has

party software or plugins, all of which may result in

open with 1TradeMarket.

substantial financial loss. Risks include: potentially

misleading claims made by software vendors, loss

1TradeMarket shall have the right, at its sole discretion, to

of control of trading and trades, software not

determine the mark to market value from time to

compatible with 1TradeMarket’s Online Platform, potentially

time.

being subject to a Margin Call or a Forced

Liquidation, and fraudulent or other illegal activity

In addition to other remedies available to 1TradeMarket, if the

by software vendors.

Client fails to pay an amount when due under this

Agreement, 1TradeMarket has the right to close out or

The Client will support 1TradeMarket by providing any

terminate (by either buying or selling) any or all of

requested documents, if 1TradeMarket elects to investigate a

the Client’s Open Positions.

third party software or plugin vendor.

7 | Terms & Conditions | 1TradeMarket

The act by 1TradeMarket of deducting fees from a Client

order.

Account on behalf of a third party or referring to a

third party asset manager, software vendor or

ONLINE TRADING PLATFORM(S)

plugin on 1TradeMarket’s website or elsewhere, is not an

endorsement of that third party or its software. 1TradeMarket

If the Client uses 1TradeMarket’s online trading platform(s)

takes no responsibility whatsoever for any losses

the Client confirms and accepts the following:

incurred by the Client or its employees, agents or

assigns, in connection with a third party or its

All transactions must be completed using the

software.

logins and passwords assigned to the Client by

1TradeMarket reserves the right in its absolute discretion to

1TradeMarket and valid entry of the login and password will

cancel, unwind, reinstate, close out, repair, or take

constitute an authorization by the Client to

other action with respect to open or closed trades

complete the Contract specified irrespective of

where the Client is utilizing or has otherwise

whether the password and login are entered by an

engaged third party software or plugins, if in 1TradeMarket’s

Authorized User.

view, there has been an actual, suspected or

potential breach of this Agreement, or 1TradeMarket believes

The Client may be able to enter into Contracts at

acting in such a way is necessary to protect its own

the rates quoted on theOnline Platform(s).

interests, or the interests of clients.

The Client must ensure that the logins and

RATES & PAYOUTS

passwords are kept confidential and secure. The

Client must also ensure that each Authorized User to

Rate indications from 1TradeMarket are available via the

whom a login and password is provided, will keep

Online Platform(s). The Rate indication is not

them secure and confidential. The Client will advise

binding, and the Client agrees to accept the prices

1TradeMarket instantly if the Client believes or has any reason

offered by 1TradeMarket when the Contract is executed.

to believe that the login and passwords assigned to

the Client have not been kept secure and

Does 1TradeMarket Allow EAs - yes, but we reserve the right

confidential.

to disable these on a client by client basis

The Client must safeguard and ensure that no

unauthorized person is able to use the logins and

QUOTE ERRORS

passwords. As part of this obligation the Client

must ensure that each Authorized User closes out

1TradeMarket will make efforts to prevent quoting errors

the Internet browser after using the Online

from occurring. Should a quoting error occur due

Platform.

to a liquidity provider’s error, platform error,

typographical error, obvious mistake in a quote or

1TradeMarket may at any time without Notice to the Client

indication or data error, A “Quoting Error”, 1TradeMarket is

suspend, withdraw or deny access to the Online

not liable for any damages, claims, losses, liabilities

Platform(s) for any reason including but not limited

or costs arising from the Quoting Error. 1TradeMarket

to security, breach, quality of service, failure by the

reserves the right to make the needed

Client to pay an amount timely or breach by the

adjustments to correct the Quoting Error. All

Client of any obligation of this Agreement.

disputes as a result of a Quoting Error(s) shall be

resolved on the basis of the fair market value, as

The features made available on the Online

determined by 1TradeMarket acting reasonably, of the

Platform(s)

(including but not limited to stop

relevant currency or product at the time such

orders, take profit orders or limit orders, as

Quoting Error occurred.

described in the relevant PDS issued by 1TradeMarket):

PROCESSING DELAYS

1. may not result in a Contract being created

according to the Client’s desired inputs;

1TradeMarket will use all reasonable efforts to process the

2. may become unavailable; and

Client’s Contract order on a timely basis.

3. do not result in any guaranteed Contract

Nevertheless, 1TradeMarket shall not, in the absence of

being entered into with 1TradeMarket.

willful misconduct, be liable for damages, delays,

failures or errors in the completion of the Contract

8 | Terms & Conditions | 1TradeMarket

any Manifest Error. In the event that a Manifest Error

CIRCUMSTANCES BEYOND

is made by any Market, Exchange, Bank,

CONTROL OF 1TradeMarket

information source, official on whom we reasonably

rely, we will not be liable to you for any loss, cost,

If 1TradeMarket is unable to perform its obligations under

claim, demand, or expense.

this Agreement or a Contract because of any

1TradeMarket Online Facility: Access to the 1TradeMarket Online

possible factors beyond 1TradeMarket’s control or because

Facility is provided "as is ". 1TradeMarket makes no

of a Force Majeure Event, 1TradeMarket will notify the Client

warranties, express or implied representations, or

as soon as is reasonably practicable and will use

guarantees as to the merchantability, fitness for any

all reasonable endeavors to secure the return of

particular purpose or otherwise with respect to the

any money paid by the Client in respect of which

1TradeMarket Online Facility, its content, any documentation

1TradeMarket has been u n a b l e to discharge its obligations

or any hardware or software provided. Technical

under this Agreement.

difficulties could be encountered in connection

with the 1TradeMarket Online Facility. These difficulties

MANIFEST ERRORS

include, but are not limited to: failures, delays,

malfunction, software erosion or hardware

A “Manifest Error" means a manifest or obvious

damage, which difficulties as a result of hardware,

misquote by 1TradeMarket, or any Market, Exchange, Bank,

software or communication link inadequacies or

information source or official on whom we

other causes. Such difficulties could lead to

reasonably rely, having regard to the current

possible economic and/or data loss. In no event will

market conditions at the time of an order is placed.

1TradeMarket or its Affiliates or any of their employees be

When determining whether or not a condition

liable for any possible loss (including loss of profit

amounts to a Manifest Error, 1TradeMarket will take into

or revenue whether direct or indirect), cost or

account all information in its control including

damage

including,

without

limitation,

information concerning all relevant market

consequential, unforeseeable, special or indirect

conditions and any error in, or lack of clarity of any

damages or expense which might occur as a result

information source or announcement.

of or arising out of using, accessing, installing,

maintaining, modifying, de-activating or attempting

When making a determination as to whether or not

to access the 1TradeMarket Online Facility orotherwise.

a situation amounts to a Manifest Error, 1TradeMarket act

fairly towards you however the fact that you may

INACCURATE PRICES

have entered into, or refrained from entering into, a

contract or transaction in reliance on an order

The internet, connectivity delays, and price feed

placed with us shall not be taken into account by us

errors will sometimes cause conditions where the

in determining whether there has been a Manifest

prices displayed on 1TradeMarket’s trading screen do not

Error. 1TradeMarket reserve the right, without prior notice, to:

accurately reflect market rates. The concept of

arbitrage, or taking advantage of these internet

adjust the details of such a transaction to reflect

delays, cannot exist in a market where the Client is

what 1TradeMarket considers in its discretion, working in

buying or selling directly from the market maker.

good faith, to be the correct and or fair terms of such

1TradeMarket does not permit the practice of arbitrage on

transaction absent such Manifest Error(s):

our online facilities. The client acknowledges and

agrees to this and 1TradeMarket can rely on the Client’s

if Client does not promptly agree to any adjustment

acceptance of this. If 1TradeMarket determines that a

or amendment made under (a) herein we may void

Contract individually or together reasonably

from its inception any transaction resulting from or

appears to rely on price latency arbitrage

derived from a Manifest Error, and or refrain from

opportunities, 1TradeMarket may revoke those Contracts

taking any action at all to adjust or amend the

without further liability to the Client. To give effect

details or void of any such transaction.

to this, 1TradeMarket may make necessary or prudent

amendments, corrections or adjustments on the

1TradeMarket shall not be liable to you for any loss, cost,

account involved. Any dispute arising from such

claim, demand or expense you suffer (including loss

apparent arbitraging will be resolved by 1TradeMarket in its

of profits or any indirect or consequential losses)

sole and absolute discretion.

resulting from a Manifest Error or our decision to

enforce the details of a transaction notwithstanding

9 | Terms & Conditions | 1TradeMarket

Note: Scalping refers to a trading strategy that makes

TERMINATION OF AGREEMENT

profits by opening and then closing the position

"multiple times", "willfully", or "in enormous volume"

This Agreement may be terminated immediately

within 180 seconds.

by the Client or C L M by Notice to the other in

writing. However, termination by either party shall

not affect any Contract or other transaction

ADDITIONAL TERMS AND

previously entered into and shall not relieve either

APPLICABLE LAW

party of any outstanding obligations arising out of

this Agreement, nor shall it relieve the Client of any

These Terms & Conditions a r e subject to any

obligations arising out of any Contract entered into

mandatory requirements imposed by the law of your

prior to such termination.

country of residence and shall be governed by the

law in force in Saint Vincent and the Grenadines and

In the event that 1TradeMarket becomes aware of or has

you submit to the non-exclusive jurisdiction of the

reason to believe any of thefollowing:

courts of that place.

• that the Client has provided false or

If any part of these Terms & Conditions are unlawful,

misleading information to 1TradeMarket; or

void or unenforceable under the law of any

• that the Client has participated or is

jurisdiction, that part will be deemed severable and

participating or has assisted or is assisting

will not affect the validity and enforceability of any

remaining provisions under the law of that jurisdiction

in money laundering or terrorist financing; or

and the legality, validity or enforceability of that part

• that the Client is being officially investigated

under the law of any other jurisdiction will not in any

by law enforcement and/or regulatory

way be affected.

agencies:

The parties recognize electronic and magnetic

recordings as evidence when settling disputable

Then 1TradeMarket, at its sole discretion, may terminate this

matters, as in order to state any facts concerning

Agreement immediately by Notice to the Client,

the obligations for trading operations in the

and 1TradeMarket shall be relieved of any obligations set

Derivatives markets.

out in this Agreement or arising out of the

transactions contemplated by this Agreement,

Without preventing any other method of service, any

including any obligations arising out of any

document in a court action may be served on a party

Contract already entered into with 1TradeMarket.

by being delivered to or left at that party’s address for

service of notices as notified to the other party from

1TradeMarket strictly monitor all trading accounts. Any

time to time.

motive and or manipulation including but not

limited to: willful misconduct, fraud, attack,

DISPUTE RESOLUTION

commission-laundering, or unusual transaction,

1TradeMarket without notice reserves the right to determine

The parties must use all their reasonable endeavors to

such situation at its discretion as

“Invalid

resolve any dispute arising in connection with this

Transactions caused by Willful Misconducts or

Agreement or any transactions there under.

Unusual Transactions” regardless of manual trading

or EA trading, 1TradeMarket reserves the right to deduct any

1TradeMarket has an internal dispute resolution process

profit or loss generated from the trades in addition

in place to resolve any complaintsor concerns you may

to the commission. Clients and agents of 1TradeMarket

have, quickly and fairly. Any complaints or concerns

herein agree and acknowledge that upon the final

should be directed to the Complaints Officer

(by

determination made by 1TradeMarket after a detailed

telephone, or e-mail) at the e-mail address a n d

telephone numbers provided in the 1TradeMarket PDS.

investigation of the account, Clients and agents are

required to fully obey without any objection or

1TradeMarket will provide acknowledgement of receipt of

determination by 1TradeMarket.

written complaints within 3 business days and seek to

resolve and respond to complaints within 30 business

1TradeMarket provides different account types, if scalping is

days of receipt. We willinvestigate your complaint, and

undertaken in the account type where scalping is not

provide you with our decision, and the reasons on

allowed, such practices will be deemed as fraud as

which it is based, in writing.

defined above.

10 | Terms & Conditions | 1TradeMarket

If you are dissatisfied with the outcome, you have the

right to engage legal counsel.

PDS Product Disclosure Statement

QUOTE ERROR has the meaning stated on page

DEFINITIONS

seven (7) of this agreement.

AGREEMENT means these Terms & Conditions

REGISTERED OFFICE means the registered office of

together with all other documents which are referred

1TradeMarket.

to in this Terms & Conditions.

AUTHORISED USER means Client provided list of

SCALPING refers to a trading strategy that makes

people authorized to access 1TradeMarket’s services and/or

profits by opening and then closing the position

enter into Contracts on the Client’s behalf

"multiple times", "willfully", or "in enormous volume"

within 180 seconds.

CFD means Contract for Difference

Additional definition of terms found in 1TradeMarket’s PDS.

1TradeMarket means 1TradeMarket Ltd.

EXECUTED as an agreement.

1TradeMarket WEBSITE means 1TradeMarket Ltd. website located

at www.1trademkt.com or elsewhere.

CLIENT means the Client named in the Account

Opening Form, together with its officers, directors,

employees and agents.

CONTRACT means a transaction in which the Client

agrees to purchase or sell a currency, CFD, other

derivative from or to 1TradeMarket or enter into any other

transaction with 1TradeMarket.

FORCE MAJURE EVENT means events or causes

including, but not limited to, the following: an act of

God, unavoidable accident of navigation, sabotage,

civil commotion, national emergency, martial law,

failure of a transmission or communication network,

strike or other labor difficulty or expropriation,

restriction, prohibition, law, regulation, decree or

other legally enforceable order of a government

agency, breakage or accident, change of International

law or regulation or any damage of 1TradeMarket's machinery

or systems, unless occurring as a result of an act,

omission, default or negligence of the Client or 1TradeMarket.

INTERNET means the interconnected system of

networks that connects computers, and electronic

handheld devices globally, and includes any online

trading platform(s) provided by 1TradeMarket.

JURISDICTION These Terms & Conditions are

subject to any mandatory requirements imposed by

the law of your country of residence and shall be

governed by the law in force in Saint Vincent and the

Grenadines and you submit to the non-exclusive

jurisdiction of the courts of that place.

OPEN POSITION is where a client has entered into a

transaction with 1TradeMarket, and a further transaction has not

been entered into in order to close the position.

11 | Terms & Conditions | 1TradeMarket