Terms And Conditions

Last modified on: 12/07/2024

The Terms & Conditions govern the utilization of the independent platform (referred to as “Platform”) linked to www.bitdelta.pro (“Website”) under the BitDelta brand (“We, “Us” “Ours”), by any User (referred to as “You” or “Your”).  We operate as an independent platform and website under the BitDelta brand. For the purposes of this document, “BitDelta” refers to:

  1. BITDELTA FINTECH LTD: A company incorporated under the laws of Vanuatu, located at Office 1 & 2 Executive Suites, Upper Floor, Novo House building, Port Vila, Vanuatu.
  2. DELTA 6: A company incorporated under the laws of Mauritius, with its registered address at the 6th Floor, THE CORE, 62 ICT Avenue, Cybercity Ebene, Mauritius.

The Platform enables You to engage in trading financial Instruments, as well as access other transaction Services. These Terms and Conditions constitute a legally binding agreement between You and Us regarding the use of the Platform. It is crucial that You read the Terms & Conditions alongside the Privacy Policy & Risk Disclosure. By using the Platform, You explicitly acknowledge and consent to these terms and conditions. However, if You do not agree with or accept these terms, You have the option to discontinue using the Platform in such cases.

Disclaimer    Please be advised that certain features, services, or products offered by Us to You may be restricted and not be accessible in Your jurisdiction. These restrictions may arise due to regulatory limitations imposed by the relevant Regulatory Authorities in Your jurisdiction. You are advised to acquaint yourself with the local laws and regulations governing the use of the Platform. We are committed to complying with all regulatory requirements in the regions where We operate.

1. DEFINITIONS

1.1 “Account” means the trading account that you hold with us.

1.2 “Base Currency” means the base currency of the Platform, which is US Dollars (USD)

1.3 “Business Day” means any day excluding Saturday, Sunday or public holidays.

1.4 “Contracts for Difference (CFDs)” are agreements made with Us that represent the difference between the initial and final values of a financial instrument as displayed on our platform. This includes the variance from the start of the transaction, capturing the instrument’s value at that time, to the end of the transaction, reflecting its value at the closing point.

1.5 “Client Money” means the money that Users have deposited with Us and held by Us.

1.6 “Instrument refers to various assets such as stocks, shares, commodities, precious metals, foreign exchange rates, indices, or any additional financial instruments. These assets serve as the foundational instruments for the Contracts for Difference (CFDs) available on the Platform.”

1.7 “MAM Account” refers to “Multi-Account Manager Accounts” which enables fund managers to efficiently manage multiple sub-accounts on behalf of other Users.

1.8 “Major Currency Pairs refer to the combination of any two predominant currencies from the list below, utilized in the trading activities on the platform:

(i) United States Dollar (USD);

(ii) Euro (EUR);

(iii) Japanese Yen (JPY);

(iv) Pound Sterling (GBP);

(v) Swiss Franc (CHF);

(vi) Canadian Dollar (CAD);

(vii) Australian Dollar (AUD);

(viii) New Zealand Dollar (NZD).

We operate under stringent regulatory oversight, ensuring a secure and reliable trading environment for Our Users.”

1.9 “Transaction(s)” refer to the initiation or conclusion of an offer involving the purchase or sale of a CFD for a specific Instrument on the Platform. This can be executed either by the User or the Platform, adhering to the stipulations outlined in the User Agreement.”

1.10 “Scalping Trades” or “Scalp Trading” shall mean a method traders use where they open and close trades within 120 seconds in any asset class and these Scalping trades constitute more than 25% of their total trades;

1.11 “Services” means any service that we or any person or affiliated entities provide to You and which You wish to avail by using Our Platform through Our Website.

1.12 “User” means a person with whom we have entered these terms and conditions.

1.13 “Fees” means transaction fees, costs and charges published on the Platform, as amended from time to time, and payable to Us in relation to Your access to and use of the Services.

1.14 “PAMM Account” means percentage allocation money management account is a type of Forex investment account where multiple investors pool their funds to be managed by a professional trader.

1.15 “Parties” means the parties to the Terms and Conditions, being You and Us, and “Party” shall mean any one of the foregoing (as the context requires).

1.16 “Users” means the User of the Services, including You.

1.17 “Applicable Laws and Regulations” refers to all relevant laws, bylaws, rules, and regulations of any jurisdiction, as well as any applicable court orders from a competent jurisdiction. These may be established, amended, modified, or re-enacted from time to time

1.18 Balance money on the account” means the amount of money in a User’s account not considering results of currently open positions (deposit).

1.19 “Credit Assets” means the amount of funds provided to a client by a broker as a loan. The trading platform does not have the function of charging interest in credit assets. Credit assets can be deposited and withdrawn at the Balance tab.

1.20 “Blocked Profit” means client group can be set up so that a profit earned by a trader during a day cannot be used for trading (it is not accounted in the free margin). This blocked profit is displayed in the Blocked field. At the end of the trading day, this profit is then unblocked and deposited to the traders account balance.

1.21 “Equity” is calculated by adding the Balance and Credit, and then adjusting for Commission, Floating profit/loss, and Blocked amounts

1.22 “Margin” means money required to cover open positions and pending orders.

1.23 “Free Margin” refers to the available funds that can be utilized to sustain active positions. Depending on the client group settings, the equity value may or may not consider floating profit, floating loss or floating profit and floating loss together.

1.24 “Margin Level” means the ratio of equity to margin, expressed as a percentage, indicating the amount of available margin relative to the margin required for open positions (Equity / Margin * 100).

1.25 “Swap” refers to the overnight interest rate paid or received for holding a overnight position in foreign exchange trading.

1.26 Liquidation” means the process of closing a user’s position(s) when their account equity falls below the margin level required by the Platform.

1.27 “Buy Limit” or a “Buy Limit Order” means a pending order to purchase an asset at a specified price or lower. It is executed when the market price reaches the specified limit price. Buy Limit orders are typically placed below the current market price to capitalize on a decrease in the price of the asset”.

1.28 “Sell Limit” or a “Sell Limit Order” means a pending order to sell an asset at a specified price or higher. It is executed when the market price reaches the specified limit price. Sell Limit orders are generally placed above the current market price to take advantage of an increase in the price of the asset.

1.29 “Buy Stop” means a Buy Stop order is a pending order to purchase an asset at a specified price or higher. It is executed when the market price reaches the specified stop price. Buy-stop orders are typically used to enter a market position if the price continues to rise.

1.30 “Sell Stop” means A Sell Stop order is a pending order to sell an asset at a specified price or lower. It is executed when the market price reaches the specified stop price. Sell Stop orders are generally used to enter a market position if the price continues to fall.

1.31 “Buy Stop Limit” means a Buy Stop Limit order and is a combination of a Stop order and a Limit order to buy an asset. When the market price reaches the specified stop price, a limit order is triggered to buy the asset at a specified limit price or lower. This type of order is used to control the price at which a buy order is executed once a specified stop price is reached.

1.32 “Sell Stop Limit” means a Sell Stop Limit order and is a combination of a Stop order and a Limit order to sell an asset. When the market price reaches the specified stop price, a limit order is triggered to sell the asset at a specified limit price or higher. This type of order is used to control the price at which a sell order is executed once a specified stop price is reached.

1.33 Trading Hours means trading hours which are applicable for the commodities referred to on the Platform.

2. USE OF OUR PLATFORM AND SERVICES

2.1 In order to access the Platform and its Services, You are required to first complete the registration process.

2.2 Your registration on the Platform and/or Your utilization of the Platform implies Your complete understanding and agreement with these Terms and Conditions. Any violation of these Terms and Conditions will result in a legal obligation on Your part, and You will be responsible for the consequences of any such breaches.

2.3 You acknowledge and agree to the fact that We reserve the right to amend these Terms and Conditions applicable to the Platform at Our discretion. In the event of any alterations or amendments to these Terms and Conditions, We will publish the most recent version of the revised Terms and Conditions on Our website.

2.4 Any announcements or notifications related to Your utilization of Our Website or the Platform will be communicated to You through electronic means, including but not limited to intra-platform notifications, messages within the Website, emails, or text messages sent to Your registered mobile number. These notices and announcements will be considered as officially delivered to You. The Platform shall bear no responsibility whatsoever if You fail to receive any such notifications or announcements.

2.5 You understand that Our Website is only intended to serve as a platform for You to use the Services. You shall, at Your sole discretion, carefully assess the authenticity, legality and validity of relevant Financial Assets, Financial Instruments and/or information, and solely bear the responsibilities and losses that may arise therefrom.

2.6 Any opinions, information, discussion, analysis, prices and other information we display on the Platform shall not be construed by You as Financial or investment advice. We shall not be held liable for any loss arising directly or indirectly from reliance on the above-mentioned information, including but not limited to, any loss of profits.

2.7 Unless You have an Account with the Platform, You shall not use the Services intended to be provided to Users with an Account.

2.8 You may not use Platform or Services in following cases:

  • 2.8.1 wherein such use may lead to a violation of any law, rule, regulation, decision of the court or any competent authority or where such use of the Platform and Services may result into unlawful and immoral conduct; wherein such use involves transmitting or procuring to send any unsolicited or unauthorized advertising, promotional material or any other communications; wherein the use of the Platform or Services involves sending or knowingly receiving, uploading, publishing, posting, distributing, disseminating, transmitting, using, or re-using any material or information that is inaccurate, illegal, defamatory, libelous, obscene, offensive, abusive, hurtful, hateful, threatening, inflammatory, harmful, infringing, pornographic, indecent, unsolicited, unauthorized, unlawful, objectionable, or that could potentially expose You or us to legal action or harm our reputation; where the use threatens, harasses, stalks, abuses, or violates the rights of others.
  • 2.8.2 wherein the use of our Platform and Services is for the purpose of commercial benefiting by advertising and selling any goods or Services to other Users using our Platform and Services.
  • 2.8.3 wherein the use of the Platform and Services is with the intention to disrupt or damage any part of Our Platform, any equipment or network where our Platform is stored, or any software used in providing our Platform and Services, including networks or software owned or utilized by third parties.
  • 2.8.4 wherein the use of the Platform and Services is to copy, modify reverse engineer, reverse assemble or reverse compile or store the platform or Services or any part thereof.
  • 2.8.5 wherein the use of the Platform and Services is to create archival, and/or derivative works based on the Platform or the Services or any part thereof.
  • 2.8.6 Wherein the use of the Platform and Services is to licence, sublicence, transfer, sell, resell, reproduce and/ or otherwise redistribute the Platform and the Services or any components thereof.

3. TRADING ON OUR PLATFORM

3.1 You are responsible for making any payments to us which are required under the Agreement. We may reject any payment that is not made in accordance with our payment procedures (details of which are available on our Platform or from our client management team upon request).

3.2 Deposit of Funds 

  • 3.2.1 All funds deposited by You will be converted to the Platform’s base currency using the prevailing exchange rate at the time of deposit. The exchange rate applied will be as determined by the Platform and may vary from publicly available rates.
  • 3.2.2 You will receive the equivalent amount in the base currency after conversion, less any applicable fees or charges.

3.3 Withdrawal of Funds

  • 3.3.1 When You requests a withdrawal, the amount will be remitted back through the original mode of deposit using the prevailing exchange rate at the time of withdrawal.
  • 3.3.2 The prevailing exchange rate applied for withdrawals will be as determined by the Platform and may vary from publicly available rates.
  • 3.3.3 You will receive the equivalent amount in the original currency of deposit after conversion, less any applicable fees or charges.
  • 3.3.4 We reserve the right to decline a withdrawal that you have requested using a specific payment method and suggest an alternative payment method.
  • 3.3.5 We reserve the right to restrict or completely remove the payment methods that you use to deposit and withdraw money from your Account.

3.4 Due to fluctuations in exchange rates, the amounts deposited and withdrawn by You may vary when converted to and from the Base Currency of the Platform. We are not responsible for any differences in the amounts resulting from fluctuations in the exchange rate. You are advised to monitor exchange rates closely and understand that these variations are beyond Our control.

3.5 Any payment made by you will only be given effect once our systems have credited it to the relevant Account and it is shown on our Platform. We cannot guarantee how long this process will take and we will not be liable to you for any loss arising as a result of any delay in us crediting any payment to your Account.

3.6 You are responsible for any costs and charges incurred in the process of making any payment to your Account. You may also be liable for other charges that are not imposed by us, including bank transfer fees, debit/credit card transaction fees and fees to internet and telephone service providers. If you make a payment by debit card or credit card or withdraw money from an Account, we may charge an administration fee to process that payment and/or withdrawal in accordance with Applicable Law.

3.7 We do not store any payment information provided by You. All payment transactions are processed through secure Payment Service Providers (PSPs) or banks. Compliance with payment processing regulations, including but not limited to data protection and security standards, is the sole responsibility of the corresponding bank or PSP. We recommend reviewing the privacy policies and terms of service of the PSPs and banks used for Your transactions to understand how your payment information is managed and protected.

3.8 You have the option to buy or sell a financial asset by initiating an instruction on the Platform, which is referred to as an “Order”. There are three types of orders available on the Platform i.e. Market Order, Limit Order, and Stop Order. We shall in the future introduce various other order types.

3.9 Before finalizing Your Order, You are advised to thoroughly review and confirm all transaction details. We cannot be held responsible for any repercussions that may arise because of Your failing to provide valid and accurate information when initiating an Order.

3.10 Your orders are subject to trading limits that We may establish. These trading limits are revised from time to time and the same will be communicated to You.

3.11 You are permitted to execute a Transaction on the Platform with specific Instruments across various global markets. You recognize and consent that We hold the exclusive right to modify, add, or temporarily halt any Instrument or market at any given time due to occurrences such as stock transformations (e.g., takeovers, share consolidations/splits, mergers, spinoffs, MBOs, nationalizations, de-listings, etc.) or in instances where no active customer Positions are maintained for a particular Instrument.

3.12 We also reserve the right to make necessary amendments to the content or terms of an Instrument, including its Expiry Date, Trading Hours, or other parameters, by notifying You, should it become impossible to maintain the Instrument in its current format.

3.13 Transactions on the Platform require either an opening Buy or Sell action at the quoted price at the time of the Transaction. To close a Transaction, an offer to Sell (for a Buy) or Buy (for a Sell) an instrument must be made at the quoted price at the time of closure. It is essential to note that Transactions or open Positions cannot be transferred to other CFD providers or platforms.

3.14 The Platform provides Buy and Sell quotes for each Instrument, and Transactions are only permissible during specified Trading Hours for each Instrument. Prices for opening a Buy or closing a Sell, and vice versa, are determined by the quoted prices on the Trading Platform at the respective times.

3.15 You have the option to place a Market Order at the best available price on the Trading Platform at the time of the Transaction, or a Limit Order at a specific price. Prices at which Transactions are completed may vary from the initially displayed or requested rates due to market fluctuations.

3.16 Remember that placing an Order doesn’t guarantee the execution of a Transaction at the exact terms present at the time of placing the Order. The Platform holds the right to execute the Order considering various factors, including market conditions and regulatory obligations, and may amend the content or terms of an Instrument at its discretion.

3.17 We have the authority to close a User’s account or temporarily restrict their access to the Platform or its Services without giving prior notice.  We can reject any trading orders submitted by a User and may set restrictions on the amount a User can trade on the Platform. These actions can be taken by Us at time when the User has violated the applicable rules and regulations.

3.18 You can access the Platform 24 hours a day, 7 days a week, 365 days a year, unless there’s scheduled maintenance or upgrades happening, or if the platform experiences an unexpected interruption or outage beyond its control.

3.19 At Our sole discretion and without prior notice We can close a User’s account or suspend the User’s access or use of the Platform or the Services, refuse any Order submitted or impose limits on trading amount on the Platform, if We deems that a User may have contravened the applicable rules, regulations, and terms and conditions.

3.20 You understand and acknowledge that it may not always be possible to cancel or modify an order, even if You try to do so before it’s matched or executed. We are not responsible for guaranteeing order modifications or cancellations. If an order cannot be canceled or modified, You agree that You are bound by the original order’s execution. Additionally, You recognize that attempting to modify or cancel and replace an order could lead to over-execution or duplicate orders, and You are responsible for all such executions.

3.21 To place an Order on the Platform, a User must have enough Margin Money in their account to cover the Order and associated Fees. If there is not enough Margin Money in the account to complete an Order on the Platform, the User won’t be able to proceed with the Order.

3.22 We allow scalping trades but do not permit excessive scalping in any account. If we deem the level of scalping to be excessive, we reserve the right to enforce a reduction in the scalping ratio before any withdrawal is permitted. Excessive scalping is defined as a ratio greater than 25% of Users’ overall trades. A scalping trade is defined as any trade in any instrument that is opened and closed within 120 seconds.

3.23 The Users acknowledge and accept the following:

  • 3.23.1 When they make a trade on the Platform, they are instructing Us to execute the Trade at the quoted buy or sell price displayed on the platform when they place the Order. Users also agree to pay any associated Fees. The price of a Trade is determined by mutual agreement between the User and the other party involved in the Trade. We are not a participant in these Trades and are not responsible for setting or negotiating Trade prices. Users cannot hold Us accountable for such Trades, and it does not guarantee the completion of any attempted buy or sell of financial instruments.
  • 3.23.2 Trades on the Platform follow a price-time priority system.
  • 3.23.3 Users are subject to the same price-time priority as other Platform Users.
  • 3.23.4 Orders made through the API are treated with the same price-time priority as Orders placed directly on the Platform.
  • 3.23.5 Completed Orders are settled immediately by adjusting the margin in User’s Accounts. Users will receive instant notifications of their filled Orders through the Platform, email, or any other agreed-upon communication method. These filled Orders can also be viewed in a User’s trading history.
  • 3.23.6 APIs allow Users to access live prices for integration into their own User interface, as well as to execute Trades or place Orders available on the Platform.

3.24 You acknowledge that any actions involving errors in pricing, intentional manipulation of our products or platform, or the exploitation of such errors will be considered as trading platform manipulation. In such instances, we reserve the right to take strict measures, which may include, but are not limited to, the immediate termination of our trading relationship, the closure of all open positions, and/or the recovery of any historical trading profits gained through such abusive actions from your account.

4. SWAP FREE TRADING FACILITY

4.1 Swap-free trading is available for Users who cannot pay swaps in forex trading due to their religious beliefs. By requesting a swap-free trading account in writing, the User confirms their understanding and agreement to the terms herein.

4.2 We reserve the right to request justification and/or proof of the User’s reason for requesting a swap-free facility and may deny such requests without obligation to explain. We are not liable for any loss incurred from converting any trading account to or from a swap-free facility.

4.3 Users are not permitted to use the swap-free facility to cover market risk or profit from swap charges. In the event that We suspect any abuse, manipulation, or fraudulent activity, we reserve the right to take appropriate action, including: (i) revoking the swap-free status from any or all of the User’s accounts; (ii) recovering unaccrued swaps, interest, expenses, and/or costs related to User’s accounts during the swap-free period; and (iii) closing all of the User’s accounts, nullifying any trades, and canceling any related profits or losses.

4.4 We reserve the right to revoke the swap-free status from any or all of the User’s accounts, including recovering unaccrued swaps, interest, expenses, and/or costs related to User’s accounts during the swap-free period.

4.5 By utilizing the swap-free trading facility, the User agrees to adhere strictly to these terms and acknowledges that any breach may result in severe consequences as outlined above.

5. BONUS FACILITY

5.1 The bonus facility offered on the Platform is exclusively for trading purposes and is non-convertible into cash.

5.2 If the User withdraws funds from their trading account, any unconverted bonus amount will be deducted. However, if the User withdraws only the profits, the unconverted bonus will not be deducted.

5.3 Users must fulfill the trading requirements within 90 days of receiving the bonus. If the trading requirements are not met, Users will receive a pro-rata percentage of the bonus.

5.4 Users requesting a negative balance adjustment will have their entire bonus removed to cover the adjustment but may deposit again to receive the bonus on the new deposit.

5.5 This bonus is not combinable with any other bonuses and is applicable to one trading account only.

5.6 The bonus is applicable solely to MT5 Bonus Accounts. We reserve the right to rectify trading calculations in cases of suspected abuse or manipulation. Bonus requests must be made within two business days to be credited.

5.7 Users trading under MAM or PAMM Accounts are ineligible for the bonus.

5.8 Internal transfer requests from the bonus account will be treated as withdrawals. Users must maintain a sufficient amount of equity for internal transfers to other trading accounts.

5.9 Users whose positions are closed due to a stop out before the bonus is credited are ineligible for the bonus.

5.10 The bonus applies only to amounts deposited in the bonus-designated account and is not applicable to internal transfers.

5.11 Users who are based in Pakistan, Indonesia, Thailand, Malaysia, Vietnam, and Bangladesh are not eligible for the bonus facility.

5.12 We reserve the right to cancel, revoke, or terminate any and all bonuses credited to any User’s trading account at our sole discretion and at any time, without prior notice or obligation to provide a reason. This right is exercised to ensure the integrity and fairness of our trading platform.

5.13 By participating in the bonus facility, the User agrees to adhere strictly to these terms and acknowledges that any breach may result in the removal of the bonus and other related consequences as outlined above

6. LEVERAGE AND MARGIN

6.1 Users agree that We at our sole discretion may set the minimum initial margin and minimum maintenance margin requirements and the limits on leverage for each open, unexecuted order and each open position in a Derivative Product.

6.2 We may increase the margin percentage requirement where it is reasonably deemed necessary. This decision will be based on factors such as changing volatility, liquidity in the underlying instrument or financial market, economic news, Your changing dealing patterns with Us or Your exposure being concentrated in a particular underlying instrument. Please note that other circumstances may also arise that could prompt a change in the margin percentage based on the assessment of the Platforms Risk Team. We shall notify You of any changes in the margin percentage via email, notification, or both. Any increase in margin resulting from a higher margin percentage will be due and payable immediately upon our demand. If You fail to top up the increased margin in any position, Our risk team reserves the right to square off or liquidate Your open positions. We shall not be held responsible for any losses incurred as a result of this action.

6.3 We reserve the right to establish leverage, margin, and collateral requirements for Your open orders and positions in Derivative Products. These requirements will be determined based on various factors, including the size of Your orders and positions, market price volatility for the Derivative Product, and the reference asset.

6.4 Users are obligated to adhere to these leverage limits, initial and maintenance margin requirements, and other collateral requirements for each open order and position in a Derivative Product.

6.5 You agree that any Margin Collateral committed to a particular Derivative Product may not be transferred from Your Account or allocated to support Your open orders or Your open positions in other Derivative Products. Margin Collateral may be transferred or reallocated to support another Derivative Product order or position only in the following instances:

  • 6.5.1 following cancelation of an order or voluntary closing of a position in a Derivative Product, the Margin Collateral that had supported the order or position may be transferred or reallocated.
  • 6.5.2 following reduction in the size of an open order or open position in a Derivative Product, the remaining Margin Collateral that exceeds the Platform’s requirements for the continuing open order or open position may be transferred or reallocated; and
  • 6.5.3 We exercise our discretion to permit the leverage applicable to an open order or open position to be changed and that change reduces the Margin Collateral requires, the excess Margin Collateral may be transferred or reallocated.

6.6 Users understand and agree that We are not required to treat or credit any Financial Assets within Your available Account balance as Margin Collateral satisfying minimum initial Margin and minimum maintenance margin requirements for Your open orders and open positions held by you in Derivative Products.

6.7 You acknowledge and agree that You shall not be permitted to execute an order for a Derivative Product unless the available Margin Collateral in Your Wallet at such time is sufficient to satisfy the amount of (i) the minimum initial margin required by Us for that order;(ii) any other collateral that We require to support that order and (iii) margin requirements for all of Your other Derivative Product positions. When You place an order to trade a Derivative Product, You agree that We are authorized to and will allocate enough of the available Margin Collateral to satisfy the Margin Collateral requirements for such open order.

6.8 You understand and acknowledge that if we do not receive a response from you regarding any margin call or increase in margin, your position will be automatically squared off by the system. When your Free Margin level reaches 100 percent, you will receive notifications on your registered email ID. If the Free Margin level falls below 30 percent, your open positions will be automatically squared off.

7. EXPIRATION AND ROLLOVER OF TRANSACTIONS

7.1 We reserve the right to assign an expiration date and time to specific Instruments at its absolute discretion.

7.2 The expiration date, if assigned, will be displayed on the Platform under the details of each specific Instrument. Users are responsible for being aware of the expiration date and time.

7.3 Transactions that are not closed before the expiration date will be automatically closed at the last quoted price on the Platform immediately before the expiration.

7.4 For certain Instruments based on Futures Contracts, We may choose to implement an automatic rollover to the next contract, preventing them from expiring automatically.

7.5 Adjustments may be made to the User’s equity to reflect the difference in rates between the expired and new contracts, and a spread adjustment may also be applied at the time of the rollover.

7.6 In the event of an automatic rollover, all related orders will also be rolled over, and their levels will be adjusted proportionally based on the difference between the old and new contracts.

7.7 We may choose to remove the automatic rollover feature and reinstate an expiration date. Users will be notified of such changes, and it is their responsibility to be aware of the updated Instrument details on the Platform.

7.8 Under certain circumstances, such as extremely low liquidity or irrelevance of the “Strike Price” of an Option – Contract For Differences (“CFD”), We may choose to roll over open positions and/or pending orders to a more liquid contract or set an earlier expiration date, settling all open positions at the current market rate at the moment of expiry.

7.9 We retain the right to request Users to close out Transactions promptly if a trading instrument is removed from the Platform. If Transactions remain open for more than 7 days after such a request, we reserve the right to close those Transactions on behalf of the User at the last available price.

8. PROHIBITION OF HEDGING CURRENCY PAIRS AND SWAP-BASED ACCOUNTS:   Hedging a currency pair by its corresponding CFD and/or hedging a position on a swap-based account against a position on a swap-free account is strictly forbidden, as these actions exploit the Swap-free facility and gain from Swaps. Any such hedging position must be closed immediately. We reserve the right to take appropriate action in such cases, including backdating charges for Swaps or enabling Swap charges on the account.

9. PLATFORM’S RIGHTS TO CLOSE POSITIONS & IMPOSE ACCOUNT RESTRICTIONS

9.1 We reserve the right to immediately close or partially close any or all of Your open Transactions, whether at a loss or profit, and liquidate Your Trading Account without notice if the total Difference payable due to price fluctuations on the Platform equals or exceeds the total Maintenance Margin, or if the balance in Your Trading Account is equal to or less than the total Maintenance Margin required for all open Transactions.

9.2 We may, without obligation, notify You to increase the available funds in Your Trading Account within a specified period to cover the Difference and/or meet the Maintenance Margin requirements to maintain a Transaction open (Margin Call Alert). Failure to deposit additional funds within the specified time allows Us to close or partially close any or all of Your open Transactions and liquidate Your Trading Account for the payable Difference.

9.3 We may specify an Expiry Date for various Instruments on the Trading Platform. You further authorize Us to close any open Transactions for such Instruments at the quoted price on the Trading Platform at the time of expiry.

9.4 We hold the right to close open positions at market prices, limit the size of User Open Positions, and reject Orders to establish new positions under various circumstances such as Extreme Market Conditions, insufficient Equity, trading limits, Margin Alerts, Force Majeure Events, or illegal activities in Your account.

9.5 In case of disputes, claims, or chargebacks from Your payment method, We reserve the right to close Your open Transactions, place restrictions on Your Trading Account, or terminate Your account depending on the case specifics.

9.6 Account restrictions may also be imposed due to reasons like Events of Default, failure to provide requested information, legal obligations, or discovery of illegal activities or improprieties in Your account.

9.7 We will not be liable for losses, costs, or charges incurred directly or indirectly due to the exercise of its rights to impose account restrictions or other actions. The exercise of these rights by Us does not influence our rights to make Margin Calls under these term and Conditions.

9.8 We reserve the right to close positions or take other necessary actions on the User’s trading account, without prior written notice, if the User engages in prohibited practices that violate or manipulate trading activities on the Platform.

10. PLATFORM’S TRADING GUIDELINES

10.1 Transactions on the Platform involve Your offer to complete a Transaction at a specific price, followed by the Platform’s acceptance. A Transaction is finalized only upon the receipt and acceptance of Your offer by the Platform.

10.2 By using our Services, You specifically consent to the receipt of all documents in electronic form.

10.3 The Platform has the discretion to provide quotes, accept, execute, or cancel any part of a Transaction without justification. You may request to modify or cancel a Transaction before its completion, subject to Our approval.

10.4 Information such as Financial Data, prices provided on the Website or Trading Platform, is general market commentary and not investment advice. We are not liable for losses arising from reliance on this information, which may change without notice.

10.5 Prices on the Trading Platform are indicative and subject to continuous change. The acceptance price of Your offer to open or close a Transaction may vary from the initially indicated price.

10.6 You must comply with Our risk management policies, including restrictions on Transaction sizes and other applicable conditions.

10.7 Prices on the Platform consider various factors and may not match prices seen elsewhere. Transactions are linked to Our quoted prices, not those of external Exchanges.

10.8 Transactions on the Platform are principal-to-principal dealings, without entitlement to or requirement of underlying product delivery.

10.9 Transactions involve Contracts for Difference (CFDs), where You contract with Us for value differences of Instruments without owning the underlying assets.

10.10 Prices on the Trading Platform are set by Us and are for Your trading purposes only. Unauthorized sharing of Our prices is prohibited.

10.11 Transactions must comply with specified unit amounts, and each Transaction is binding, even if it exceeds Your credit or other limits.

10.12 Transaction offers can be made during the Trading Hours of the respective Instrument, with the Platform having the discretion to accept offers outside these hours.

10.13 We reserve the right to reject offers or void Transactions based on various factors, including quote validity and Margin requirements.

10.14 Price improvements due to quote movements in Your favor will be passed on to You, as per symmetric price slippage.

10.15 Multiple Trading Accounts are treated separately unless approved otherwise by Us in writing, with each account requiring its Margin levels.

10.16 Adjustments or closures may occur in Your account due to dividends, takeovers, insolvencies, trading suspensions, or other corporate events affecting Instruments.

10.17 Our BUY and SELL prices for CFDs are derived from relevant Underlying Assets’ prices, obtained from reputable external sources, and adjusted for Spread.

10.18 Bonuses provided under the bonus facility are tradable and subject to loss. However, if You withdraw funds/balance, We reserve the right to remove the bonus balance. Additionally, if We determine that You are misusing the Platform, We reserve the right to revoke the bonus and take appropriate action.

11. LICENSE TO USE 

11.1 Subject to the terms and conditions provided herein, We shall grant You a non-exclusive, non-transferable, revocable licence to use the Platform and Services in the form as may exist from time to time.

11.2 You may obtain at Your own expense the licences, permits, and the consents that may be necessary for the use of the Platform and the Services.

12. PROHIBITED USE

12.1 You are required to use the Site or Platform strictly in accordance with these Terms, and solely for Your own Account or internal business purposes. You are not allowed to sell, lease, or grant access to the Site or Platform to any third party or use the Site or Platform on behalf of any third party as a service provider.

12.2 You must refrain from using the Site or Platform, providing any information or content, or engaging in any conduct that falls under the following:

  • 12.2.1 Engaging in unlawful, illegal, or unauthorized activities.
  • 12.2.2 Making defamatory statements about any other individual.
  • 12.2.3 Sharing obscene, sexually explicit, or offensive content.
  • 12.2.4 Advertising or promoting other products or businesses.
  • 12.2.5 Engaging in behavior is likely to harass, upset, embarrass, alarm, or annoy any other individual.
  • 12.2.6 Disrupting the Platform’s operation in any way or promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • 12.2.7 Violating someone else’s copyright, trademark, trade secret, or other proprietary rights.
  • 12.2.8 Taking actions that limit or prevent others from using the Platform, such as hacking or defacing any part of the Platform.
  • 12.2.9 Altering or impairing the functionality or appearance of the Platform.
  • 12.2.10 Creating frames or mirrors of any part of the Platform without our prior written permission.
  • 12.2.11 Using robots, spiders, site search/retrieval applications, or other automatic or manual processes to download, retrieve, index, data mine, scrape, harvest, or otherwise reproduce or bypass the navigational structure or presentation of the Platform or its content.
  • 12.2.12 Collecting information about other Users without their explicit consent.
  • 12.2.13 Sending unsolicited or unauthorized advertisements, spam, or chain letters to other Users on the Platform.
  • 12.2.14 Opening multiple accounts without obtaining written permission from Us.
  • 12.2.15 Conducting frequent, intensive trading with or without unauthorized software or trading tools.
  • 12.2.16 Transmitting content containing software viruses or other harmful computer code, files, or programs.
  • 12.2.17 Promoting, advocating or aiding in violence or unlawful activities.

13. SUSPENSION OF SERVICES

13.1 You acknowledge and agree that We reserve the sole discretion to suspend either all or part of the Services, or the Your access to all or part of the Services, in the following circumstances:

  • 13.1.1 When We believe, at Our sole discretion, that the User may have violated these Terms.
  • 13.1.2 When We, at our sole discretion, determine that the proper functioning of the Platform is at risk.

13.2 The proper functioning of the Platform is considered at risk under the following circumstances:

  • 13.2.1 If a computer or telecommunications network malfunctions due to an accident.
  • 13.2.2 In the event of a Force Majeure Event affecting the provision of the Services.
  • 13.2.3 When there is an attempted or actual malicious attack on Our Assets, the User’s Assets, or the Platform, potentially resulting in the theft or loss of these assets.
  • 13.2.4 If an event disrupts the proper functioning of critical systems essential for the Platform, including the pricing system or any other system required for offering the Services.
  • 13.2.5 If We suspect unauthorized usage of Our Platform or a breach of these Terms or Applicable Laws and Regulations.
  • 13.2.6 When We at Our sole discretion, deem it necessary to conduct investigations to comply with Our obligations under Applicable Laws and Regulations or to ensure the smooth operation of the Platform.
  • 13.2.7 If, for any other reason, We believe, at Our sole discretion, that a suspension is necessary.

14. INTRODUCING BROKER CONVERSION

14.1 By utilizing the Platform, Users have the right to convert their status to that of an Introducing Broker, subject to the following terms and conditions.

14.2 Once you decide to become an Introducing Broker, You must register as an Introducing broker by selecting the “Register as an Introducing Broker“ tab on the Platform. You will have to select the appropriate information from the dropdown menu to see if You match the eligibility criteria after which an online application will be shared to You. We reserve the right to accept or reject Your application at Our sole discretion.

14.3 As an Introducing Broker, you are required to adhere to all platform rules and regulations, comply with applicable laws, maintain client confidentiality, and provide accurate and timely trading information.

14.4 You will be entitled to earn commissions on trades executed by clients you refer. The specific commission structure and any applicable fees will be detailed in a separate agreement and separate terms and conditions available for the Introducing Broker, which will apply to you, upon your acceptance.

14.5 The Platform reserves the right to terminate your status as an Introducing Broker at any time, with or without cause, by providing five (5) days written notice. Upon termination, you must immediately cease all activities as an Introducing Broker and return any platform property in your possession.

14.6 By applying for and accepting the status of an Introducing Broker, you agree to these terms and conditions and acknowledge that any breach may result in the revocation of your Introducing Broker status and other related consequences as outlined above.

15. SECURITY 

15.1 We may use authentication or verification technologies, services, or measures as deemed desirable or appropriate. There can be no assurance that such authentication technologies, services, or measures will be completely secure, adequate or successful to prevent authorized access to or use of the Platform.

15.2 Although we implement reasonable security measures to safeguard the Platform and the confidentiality of Your Personal Information in compliance with Applicable Laws and Regulations, we cannot assure the security of all transmissions or any network or system where Your Personal Information, account, or transaction data is stored or processed. If required by law, we will inform You if there’s unauthorized access, use, or disclosure of Your Personal Information that comes to our attention. If You receive such notification, it’s Your responsibility to follow the instructions provided in the notice, which may include promptly updating Your User Credentials and taking other measures to prevent unauthorized access to Your account or Personal Information.

16. RISK DISCLOSURE

16.1 Users must educate themselves about the potential risks associated with trading and utilizing other Services offered by the Platform. Before applying to open an Account and making Trades, Applicants and Users should carefully read Risk Disclosure.

16.2 You may refer to Our Risk Disclosure as available on its website, for detailed information about the risks involved in trading and/or holding Financial Assets. Users should evaluate whether trading in Financial Assets aligns with their experience, goals, financial capabilities, and specific needs.

16.3 By opening an Account and engaging in trades, Users are considered to have reviewed, comprehended, and accepted the risks associated with Our Services.

17. ABUSE OF SWAP-FREE OR BONUS ACCOUNTS

Any kind of abuse or misuse of Swap-Free or Bonus accounts is strictly prohibited. We reserve the right to take appropriate action in cases of such abuse, which may include, but is not limited to, the immediate termination of the trading relationship, the closure of all open positions, the removal of any bonuses, and the application of backdated swap charges.

18. MARKET MAKERS

18.1 We shall collaborate with one or more Market Makers which shall affiliate with us and serve as a liquidity provider on our Platform.

18.2 It is important for You to note that the rates and terms that are offered by the Market Makers are more favorable than what’s being offered to You because of the special services they provide.

19. MATERIALS AND INFORMATION

19.1 By using the Platform, the Users acknowledge that:

  • 19.1.1 We shall not be under any obligation to provide any material or information about any of its products and /or services, at the User’s request.
  • 19.1.2 If any material is shared with the Users, it is shared and provided for the Users only and is not to be distributed without Our written consent.
  • 19.1.3 The User acknowledges that We do not provide any investment advice. The Users further acknowledge that none of the materials we provide or made available on the Platform constitutes any sort of recommendation or solicitation that may encourage You to enter a particular transaction or shall make You believe that any particular transaction is suitable and appropriate for You.
  • 19.1.4 The Users acknowledge that We have no duty or obligation to verify, rectify, supplement, or update any content, including but not limited to market data, price quotes, news, and research, displayed on the Platform. We do not guarantee the accuracy, completeness, or timely updating of this content on the Platform.
  • 19.1.5 The Users are advised that before making investment decisions, they should conduct further research, analysis, or seek advice from an investment advisor.
  • 19.1.6 The Users shall at their own risk make reliance on materials provided on the Platform. We shall have no obligation to inform You of technical difficulties experienced by You while accessing the Platform.
  • 19.1.7 By agreeing, You confirm that You have regular access to the internet. You also authorize us to provide You with information regarding market conditions, price quotes, our charges, notices, and services through email or our online portal. This ensures You stay informed promptly and effectively about important updates related to Your trading activities.
  • 19.1.8 The User agrees that the Platform contains links to external websites, resources, or applications that can be downloaded from our website. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites or applications. Users access these links and download applications at their own risk. By using our platform, users agree to indemnify and hold us harmless from any claims, damages, or losses that may arise from their use of or reliance on any content, goods, services, or applications available on or through any external websites or resources.

20. SERVICE AND OTHER NOTIFICATIONS 

20.1 The Users agree to accept notifications regarding the Platform, Your account and terms through service notifications. You agree that service notifications will serve as valid notice, replacing the need for written, mailed, or other forms of notice as required by Applicable law.

20.2 It is the sole responsibility of the Users to provide a valid email Id and phone number in order to receive regular notification from Us. You shall be responsible to immediately report any unauthorized use or access of the Platform.   20.3 We provide no guarantee of the information provided through the service notifications are accurate, correct, or complete.

20.4 We reserve the right to discontinue any product or service with fifteen (15) days’ notice to Users. We shall not be held liable for any losses incurred as a result of such discontinuation.

21. ACCOUNT MANAGEMENT

21.1 To open a User account, You need to meet all of the following conditions:

  • 2.1.1 You have read the complete Terms and Conditions and have understood that You will be buying and selling trades subject to the said Terms and Conditions.
  • 2.1.2 You have read our Security and Privacy statement and are aware of how we process information.
  • 2.1.3 You are acting only for Your own benefit and not for any other person or on behalf of anyone else.
  • 2.1.4 You are over 18 years old.
  • 2.1.5 You are not a resident of a country that is on the Restricted Country List.

22. ACCOUNT CLOSURE

22.1 You have the option to close Your account Yourself or request Us to close it on Your behalf. However, You can only close Your account and withdraw any pending funds in the event that You do not have any open trade positions and have complied with all the requested Know Your Customer procedures.

22.2 Your failure to comply with these terms and conditions, may result in the closure Your account by Us and, wherever appropriate, withholding any funds accumulated in it.

23. DORMANT ACCOUNTS

23.1 If Your account remains inactive without any transactions for more than twelve months, it will be classified as dormant. We reserve the right to levy a Dormant fee of up to 25 USD or its equivalent in any other currency, calculated based on the current exchange rate provided by XE or another recognized data provider at the time the fee is charged. Additionally, a dormant fee may be applied for every six-month period that your account remains dormant.

23.2 If Your account has been locked or suspended and/or has not recorded any transactions for a period of twelve months or more, We reserve the right to rescind the funds from Your account.

23.3 Your account funds will be rescinded if Your account has been inactive for 30 days with an account balance of 1 USD or less.

23.4 If Your account is closed or blocked, You must contact our Help center at [email protected] to recover funds from Your account. If Your account is dormant, You can still make withdrawals.

23.5 We reserve right to delete Your BitDelta MT5 demo accounts after 30 days of inactivity.

23.6 We have the right to archive Your BitDelta MT5 and BitDelta X real accounts after 90 days of inactivity. To reactivate a real account, You may contact our Help center.

23.7 Any pending funds in Your BitDelta MT5 or BitDelta X accounts will be transferred to Your account.

24. SEGREGATION OF ASSETS;

24.1 We shall hold:

  • 24.1.1 Any funds credited to Your Account in a bank account designated for that purpose;

24.2 We shall ensure that our own assets are held at all times separately from the Assets which we hold on, Your behalf or on behalf of Our other Users.

25. RECONCILIATION. 

25.1 We shall conduct a daily reconciliation of the bank accounts and the Financial Asset which it holds Assets on Your behalf.

26. ACCOUNT STATEMENTS.

26.1 We shall provide near-real-time information in relation to Your Account through the Platform and shall send You a statement of Your Account at least on a monthly basis. The statement of Your Account shall, at a minimum, reflect the amount of funds, expressed in the currency in which they are held, and a list of Financial Assets, which You hold in such Account. We shall also provide You with the details of Trades You enter on the Market, and any transfers of Assets into or out of Your Account.

27. NEGATIVE BALANCE PROTECTION

27.1 We do not provide negative balance protection. In case the accounts of the Users fall below zero, they shall be obliged to clear the negative balance to reactivate Your Account on the Platform.

27.2 In the event of a negative account balance due to swap charges or an overnight position where the market opens against Your open position, You are required to clear the debit balance in Your account. Failure to do so grants Us the right to take appropriate legal action to protect the interests of other Users. In the case of the bonus product, We will cover the negative balance up to the bonus amount only.

28. NO INTEREST

28.1 No interest shall be accrued on funds held in Your Account.

29. POOLING OF ASSETS

29.1 You understand and agree that any Assets You transfer to Your Account may be pooled with other Users’ Assets but shall at all times remain segregated from Our own assets.

30. SET-OFF

30.1 You hereby expressly and irrevocably agree that:

  • 30.1.1 We may set off any amounts due to us under these Terms and Conditions including any Fees, against any funds or Financial Assets we hold on to Your behalf.
  • 30.1.2 We shall initially set-off against any such funds which are to the credit of Your Account. In the event these are not sufficient to cover the amount owed to us, we shall sell the appropriate amount of financial Assets at Market price to pay the balance of such amounts You owe to us.

31. ASSIGNMENT AND SUBCONTRACTING

31.1 You cannot transfer, assign, or subcontract any of Your rights or obligations under these Terms or delegate the performance of Your obligations under these Terms, without prior written consent from Us. Any attempt to transfer, assign, or subcontract without our consent will be invalid.

31.2 We have the right to transfer, assign, or subcontract any of its rights or obligations under these Terms to another party or delegate the performance of any of its obligations under these Terms (including the provision of Services), without Your consent, and You hereby give Your consent to such transfer, assignment, novation, or subcontracting. You agree to take all necessary actions, including executing documents, and providing assistance as required by Us to ensure the validity and enforceability of such transfer, assignment, novation, or subcontracting. If You disagree with such transfer, assignment, novation, or subcontracting, You can choose to stop using our Services and terminate these Terms by contacting us and requesting the closure of Your Account.

32. NO OWNERSHIP RIGHTS:

You acknowledge that You will not have any right of ownership or any other rights in the underlying instruments that You trade on our MT5 platform.

33. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES

33.1 Notwithstanding anything to the contrary in these Terms and Conditions, in the event that we are determined to be liable to You for any cause, You expressly agree that in entering into these Terms and Conditions, our aggregate liability, for any damages, losses under all causes of action, will not exceed USD 100 or the exact quantum of loss whichever is lower.

33.2 Neither We nor any of our affiliates, third-party service providers or respective directors, managers, officers, shareholders, employees or agents make any warranty with respect to, and no such party shall have any liability to You for:

  • 33.2.1 The accuracy, adequacy, timeliness, completeness, reliability, performance or continued availability of the Platform and/or Services; or
  • 33.2.2 Delays, omissions, or interruptions to the Platform and/or Services.
  • 33.2.3 We have neither verified, monitored, reviewed nor authenticated in whole or in part the information and materials which compromise the platform and the Services which may include inaccuracies or typographical errors or other mistakes.
  • 33.2.4 Except as otherwise required by Applicable law, we will not be liable for any loss or damage caused to Your information technology, devices, computer programs, Platform, data, or other proprietary material arising in connection with Your use of Our Platform and/or the Services.

33.3 You agree that You are fully able and competent to enter into the terms, conditions, obligations, affirmations representations and all the warranties set forth herein and further abide and comply with these terms and conditions.  33.4 You agree that You are of the legal age of majority in Your jurisdiction as is required to access the Platform and Services and enter into arrangements as provided in the Services. You further warrant that You are otherwise legally permitted to use the Services in Your jurisdiction and interact with the Platform and Services in any way.

33.5 You confirm and assure that You are entirely and personally responsible for settling all transactions made through Your account with us. It is Your duty to ensure that You have sole control over Your account access and that no minors can access the Platform or Our website using Your account. You bear complete responsibility for all positions traded in Your account and for any credit card or other transactions carried out through the Our website on Your behalf. You agree to compensate us for any and all costs and losses, regardless of their nature, that we may suffer directly or indirectly due to Your failure to fulfill or settle any such transaction conducted on the Platform via Our website.

33.6 You are obligated to compensate us for any costs and losses that We might incur or bear & Conditions. This includes indemnifying us against any expenses that arise through the enforcement of any of our rights under the Terms & Conditions

33.7 We reserve the right to decline or revoke any of our Services, refuse or reverse any of Your trades, and impose upon You the deposit and/or withdrawal Fees for any reason, including but not limited to the following:

  • 33.7.1 Any instance where we believe that Your activity on the Platform may be illegal in Your country or state or that it may breach any laws, regulations, instruments, ordinances, or rules.
  • 33.7.2 Any instance where we believe that Your activity on the Platform may breach any laws, regulations, instruments, ordinances, or rules that govern the operation of any exchange, financial market, or financial regulatory environment or where You make any false or misleading representation to us breaching.
  • 33.7.3 Any situation where legal authorities, law enforcement agencies, or regulators approach or contact Us with a request that we cease offering our Services to You.
  • 33.7.4 Any instance where we may suffer any pecuniary, fiscal, or regulatory disadvantage because of Your activities on the Platform.
  • 33.7.5 We reserve the right to prevent You from trading on the Platform and/or reverse any trades affected if, in our sole discretion, we find that You possess insider information or insider knowledge related to any financial market, issuer, or instrument, or if You have attempted to manipulate the market for any financial instrument.

34. INTELLECTUAL PROPERTY RIGHTS

34.1 We own all intellectual property rights in, and to all, BitDelta businesses, information, technology, and other proprietary materials, including but not limited to the Our website and products (including but not limited to all concepts, software, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, images, text, graphics, illustrations, data, and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto, and all other aspects of such technology or product) or their derivatives, the name of BitDelta, BitDelta Pro or any of its derivatives, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which we own or control and make available to You through our website or otherwise. This intellectual property is protected under Copyright BitDelta Pro with all rights reserved, and the word “BitDelta Pro” and the “BitDelta Pro” logo are registered trademarks.

34.2 Copying and the distribution of such materials for non-commercial purposes is permitted only with our express written permission on a limited basis, and provided that each copy of the material remains intact.

34.3 To copy or redistribute such materials for commercial purposes or for compensation of any kind, You must: (a) obtain our prior written permission and (b) make sure that all copies prominently display the following notice: ‘Copyright BitDelta Pro. All rights reserved.’ Documentation and manuals related thereto, and all other aspects of such technology or product or their derivatives, the name of BitDelta Pro or any of its derivatives, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which we own or control and make available to You through our website or otherwise. This intellectual property is under Copyright BitDelta Pro with all rights reserved, and the word BitDelta Pro and the BitDelta Pro logo are registered trademarks.

34.4 Copying and distributing such materials for non-commercial purposes are allowed only with our express written permission on a limited basis, provided that each copy of the material remains intact.

34.5 To copy or redistribute such materials for commercial purposes or for compensation of any kind, You must: (a) obtain our prior written permission and (b) make sure that all copies include the following notice in a clearly visible position: ‘Copyright BitDelta Pro. All rights reserved.

35. KNOW YOUR CUSTOMER

35.1 We may, at our sole discretion, or as otherwise required by law, conduct appropriate Know Your Customer (KYC) procedures, for which You will need to register in full and provide us with specified documents to prove Your identity, address, and financial means.

35.2 During registration, You may need to provide Your full name, address, date of birth, place of birth, country of residence, contact number, and email address.

35.3 Depending on Applicable Laws and Regulations that govern Your account, the KYC documentation that we shall request may include, but may not be limited to, the following:

35.3.1 Proof of identity: a clear colored copy of a valid identity document, such as Your national ID card, passport, or driving licence.

35.3.2 Proof of address: a formal document that contains Your address, for example, Your bank statement, tenancy agreement, or a utility bill (mobile phone bills are not accepted

35.3.3 Proof of wealth: a formal document that shows Your source of funds, for example, Your pay slip or bank statement.

35.3.4 Your account may be suspended by Us until You provide satisfactory identification information, evidence of identity and address, source of funds, and/or source of wealth.

35.3.5 If any of Your KYC documentation expires, we have the right to request additional non-expired KYC documentation.

35.4 You consent to Your information being disclosed to third parties for the purposes of KYC and or any other checks that may be required.

36. MONEY LAUNDERING

36.1 The Platform shall not be used for the following purposes:

  • 36.1.1 Using the funds that originate from criminal activity.
  • 36.1.2 Carrying out any suspicious transactions. Any such suspicious transaction shall be reported to the relevant authorities.

36.2 We reserve the right to suspend, block, or cancel any account through which suspected money laundering may have taken place.

36.3 We have the right to check all transactions to prevent money laundering. To comply with our anti-money laundering policy, User shall make sure to follow the instructions below:

  • 36.3.1 You are required to complete the account opening form and submit all requested details to establish Your identity, such as valid identification, address, email address, and personal telephone number.
  • 36.3.2 You must register personally.
  • 36.3.3 You must give us all the necessary details so that we can process any requests to the payment method of Your choice.
  • 36.3.4 Withdrawals amounts may be only paid to the account holder.
  • 36.3.5 You shall not hold or pool third-party funds in Your account.
  • 36.3.6 You are prohibited from selling, transferring, and/or giving access to Your account to any other person.
  • 36.3.7 You shall not acquire any User account from any other person.

37. AML AND CFT PROCEDURES

37.1 Our procedures to prevent money laundering (“AML”) and counter terrorist financing (“CTF”) are in line with all relevant rules and regulations concerning AML and CTF. These standards are designed to stop the Platform from being used for money laundering or terrorist financing. We prioritize compliance and are dedicated to implementing measures that prevent fraudulent transactions, report suspicious activities, and actively work to prevent money laundering, terrorist financing, and other financial crimes.

38. FRAUD

38.1 We may use the personal information You provide for anti-fraud checks.

38.2 The personal information You provide may be shared with identity verification, credit reference, or fraud prevention agencies, which may maintain records of this information.

38.3 You must provide us with accurate, complete, and current information. Failure to do so will result in rejection of incomplete or inaccurate information or a request from us to correct or verify the details submitted by you.

38.4 We may request additional information from You to verify Your compliance with the Terms. Failure to comply with reasonable requests may lead to the closure, blocking, or suspension of Your account.

38.5 Telephone conversations and electronic communications related to Your use of the Platform may be recorded for anti-fraud purposes, as outlined in our Security and Privacy Policy.

39. TERMINATION

39.1 We reserve the right to terminate Your services and restrict Your access to Our Website, and/or Our Platform in cases where;

  • 39.1.1 You violate any of the provisions of the Terms and Conditions or if We suspect that You have carried out any transaction which is fraudulent, unauthorised, suspicious in nature without limitation in relation to money laundering, terrorist financing, and /or any other illegal activities.
  • 39.1.2 We have reasonable grounds to believe that the funds or proceeds including the funds in Your account is associated with any criminal activities or are illegally possessed by You.
  • 39.1.3 We believe that You have subjected to any insolvency or dissolution proceeding which may affect or cause threat to us.
  • 39.1.4 You have breached the laws and regulations set by the applicable regulatory and or statutory authorities.
  • 39.1.5 We have been directed by the government authorities to do so.
  • 39.1.6 On any other basis where we determine that we are not obligated to disclose the reasons, we may terminate or suspend Your access to Our Website and Platform or any part thereof, including using the services.

39.2 The Terms and Conditions may be terminated by notice:

  • 39.2.1 Either party may terminate this agreement at any time with notice, effective on the later of: (a) fifteen (15) calendar days following notice, and (b) the latest settlement date of any transaction entered under these Terms and Conditions or any Trading Agreement.
  • 39.2.1 Such notice shall be given to us at [email protected] and if given to You, shall be sent in accordance with Your contact details provided to us at the time of Your account opening. The Notice shall be deemed to have been received (whether actually received) by You on the date on which we send You such notice.

40. COMMUNICATION WITH US

40.1 You can contact us via email, or online chat. Contact details can be found on the Contact us page of our website.  40.2 You are responsible for ensuring that you can receive the emails we send to you.

41. JURISDICTION

41.1 It is Your responsibility as You access the Platform to make sure that You understand and fully follow the relevant laws and regulations of Your own country. We do not support any offerings or make any solicitations in Your country, and You cannot use Your User account for any prohibited offerings. In some countries, we may not be permitted to offer our products and Services to You unless You have taken unilateral steps to solicit information about such Services and made use of our products and Services. Access to the Platform and the offering of certain trades via the Platform may also be restricted in some jurisdictions. It is your responsibility to be aware of and comply with any restrictions that apply in your country of residence. By accessing our products and services, you affirm that you are doing so legally and, where applicable, have sought information about our products and services and have requested access to them.

42. RESTRICTED JURISDICTIONS

42.1 USERS FROM THE FOLLOWING JURISDICTIONS ARE PROHIBITED FROM USING ALL SERVICES: MAINLAND CHINA, UNITED ARAB EMIRATES, KOREA, “DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA”, IRAN, LIBYA, CONGO, SOUTH AFRICA, IRAQ, YEMEN, UNITED STATES, CUBA, UKRAINE, SOMALIA, MYANMAR, UNITED KINGDOM, CANADA, SYRIAN ARAB REPUBLIC, CENTRAL AFRICAN REPUBLIC, SOUTH SUDAN, SUDAN, UNITED STATES MINOR OUTLYING ISLANDS.

42.2 THE LIST OF RESTRICTED JURISDICTIONS MAY CHANGE AND DIFFER ACCORDING TO CHANGES IN OUR POLICIES AND THE SERVICES WE OFFER TO A PARTICULAR JURISDICTION. IN THE EVENT OF SUCH CHANGE, WE MAY NOT PROVIDE NOTICE TO YOU. YOU ARE REQUIRED TO REFER TO THE LATEST INFORMATION ON THE PLATFORM OR THIS AGREEMENT TO BE INFORMED OF SUCH CHANGES.

43. GOVERNING LAWS AND DISPUTE RESOLUTION:

43.1 These terms and conditions will be governed by the Laws of Mauritius. You acknowledge and consent that, in the event of any dispute, controversy, divergence or claim that can’t be resolved by an Internal Resolution, including any dispute in connection with the existence, validity, interpretation, performance, breach or termination of this clause or any dispute concerning or arising out of this clause (collectively referred to as the “Dispute”), the Parties shall submit the Dispute to the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Rules of Arbitration in force. The arbitration shall take place in Singapore and apply to Applicable laws determined under the SIAC Rules of Arbitration.

43.2 Unless otherwise agreed by the Parties hereto, a single arbitrator will be appointed in accordance with the SIAC Rules of Arbitration. The arbitrator shall have the exclusive right to make a ruling on his/her right of jurisdiction, including but not limited to any objection to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim thereafter.

43.3 The arbitration shall be conducted in English. Regardless of the arbitration method, the arbitrator shall provide a written decision explaining the arbitration award, including its basic conclusions and any findings. The arbitration award shall be final and binding on the Parties and may be enforced by any court with the appropriate jurisdiction.

44. CONFLICT OF INTEREST

44.1 If a conflict or potential Conflict of Interest exists, We will, wherever possible, manage that interest by:

  • 44.1.1 segregating control of responsibility between Employees within BitDelta.
  • 44.1.2 setting out arrangements to restrict information flow between BitDelta’s different business activities.
  • 44.1.3 written disclosure of the conflict in its Terms and Condition and or User Agreement or in relation to a specific transaction; the disclosure must include sufficient detail, considering the nature of the conflict, to enable that User to make an informed decision with respect to the service in the context of which the Conflict of Interest arises; or
  • 44.1.4 if none of the above is likely to be effective, by declining to act for one or more of the Users concerned.

45. TRANSFER OF BUSINESS

45.1 In the event of a transfer of the whole or part of the business to any third party, You agree to the transfer of the business relationship between the Platform and Yourself, which includes but is not limited to Your;

  • 45.1.1 Account;
  • 45.1.2 Assets;
  • 45.1.3 liabilities; and
  • 45.1.4 Protected Data.

46. GENERAL PROVISIONS

46.1 These Terms and Conditions constitute the entire agreement between You and Us and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the subject matter of these Terms and Conditions.

46.2 If any of the provisions of this Terms and Conditions become totally or partially invalid or unenforceable for any reason, then it shall be deemed replaced by new and effective ones that can be more or less close to the intentions of the parties.

46.3 Any headings and captions are just for the purpose of convenience and in no way shall define and explain any section of the provision thereof.

47. FORCE MAJEURE EVENTS

47.1 Force majeure events are termed as events beyond the control of either of the parties and are not reasonably foreseen. They may include but are not limited to acts of God, war, state or governmental actions, exchange controls, nationalizations, devaluations, forfeitures, natural disasters, terrorism, and other inevitable, unanticipated, unforeseeable and unpredicted events that are not in the control of the parties.

47.2 If any of the parties fail to meet its obligations under the Terms because of a force majeure event, that party shall not be considered liable.

48. SEVERABILITY 

48.1 If any provision of this Terms and Conditions is held by any competent authority or court to be void or unenforceable in whole or in part, then the other provisions of this Terms and Conditions and the remainder of the affected provisions shall remain to be valid and will be enforceable.

49. DISCLAIMER

49.1 YOU UNDERSTAND THAT TRADING IS VOLATILE IN NATURE, CARRIES SUBSTANTIAL RISKS AND THERE IS A POSSIBILITY THAT YOU MAY LOSE MONEY WHILE TRADING. BEFORE TRADING YOU SHOULD CONDUCT PROPER RESEARCH ON THE PRODUCTS AND THE RISKS ASSOCIATED WITH IT.

49.2 YOU UNDERSTAND THAT THE INFORMATION SHARED ON OUR WEBSITE AND OUR PLATFORM IS NOT INVESTMENT ADVICE. ANY INFORMATION THAT IS SHARED TO YOU THROUGH OUR WEBSITE OR EMAILS AND/OR THROUGH ANY OTHER MEANS OF COMMUNICATION IS FOR GENERAL INFORMATION PURPOSES ONLY. WE DO NOT PROVIDE ANY LEGAL, INVESTMENT OR TAX ADVICE TO ANY OF OUR USERS AND YOU SHALL SOLELY BE RESPONSIBLE FOR DETREMINING WHETHER THE INVESTMENT STRATEGY RELATED TO ANY TRANSACTION IS BENEFICIAL FOR YOU OR NOT, DEPENDING ON YOUR OBJECTIVES AND RISK TOLERANCE. YOU FURTHER UNDERSTAND THAT THE INFORMATION WE SHARE SHALL NOT BE TREATED BY YOU AS A RECOMMENDATION/ SUGGESTION OR AS AN ENCOURAGEMENT TO SOLICIT TO BUY AND SELL OR HOLD ANY DIGITAL ASSETS AND ENGAGE IN ANY SORT OF TRADING STRATEGY OR ACTIVITY. YOU MAY CONSULT YOUR FINANCIAL ADVISOR OR YOUR TAX OR LEGAL PROFESSIONAL WHO CAN GUIDE YOU IN TAKING FINANCIAL DECISIONS AND THEREBY CAREFULLY LOOKING INTO YOUR FINANCIAL CONDITION AND CAN ADVISE YOU WHEATHER TO TRADE OR NOT.

49.3 PLEASE CAREFULLY NOTE THAT WE DO NOT PROMISE OR PROVIDE ANY INSURANCE ON COVER FOR THE LOSSES SUFFERED BY YOU WHILE TRADING IN DIGITAL ASSETS ON OUR PLATFORM.

50. COMPLAINT HANDLING

50.1 We have established a Dispute Resolution and Complaint Handling Policy to address and resolve User grievances. All complaints should be directed to Customer Support at [email protected] . Upon receipt, complaints are recorded, and complainants are asked to complete a form. We commit to impartially investigate complaints, ensuring those involved in the complaint’s subject aren’t handling it. If another entity is determined to be responsible, the complaint may be referred to them with the complainant’s consent. We strive to resolve complaints within thirty (30) days of receiving them and will inform the complainant of the outcome and any terms of redress. If unsatisfied, complainants are advised of other resolution avenues, including external schemes, arbitration. All complaints are recorded in the Register of Complaints, maintained for a minimum of eight years.

51. CONTACT INFORMATION UPDATE OBLIGATION

You are responsible for maintaining and updating Your email address and mobile number to ensure effective communication with us.

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