Аккредитация
Февраль 20, 2017 22:40:00 GMT

Правомерность и лицензионная информация об OptionRally

  • Help – Legal
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Disclaimer

The service offers financial activities that may result in the loss of part or all of the invested funds while trading. You should carefully consider whether this activity suits your needs, your financial resources and your personal circumstances.
You should be aware that among the features of the service: (i) the prices and expiration period quoted through the service for various assets are the prices and expiration period in which we are willing to sell a binary option for such asset to you at such time and these prices may not correspond to any other market price available to you from different markets at the point in time in which you purchase the binary option through the service; and (ii) a broad range of financial information is displayed on the site and may quickly become unreliable or change for various reasons such as due to the volatility of financial markets. Further, minor differences in market prices may occur in short time periods and may cause high profits or losses in relation to transactions you complete through the service. There is no existing method that can assure profits from transactions in financial markets. We are under no obligation to quote a particular price quoted on any specific market. You may not use or rely on prices quoted through the service for any purpose other than trading through the service, and you agree not to redistribute such prices to others (for commercial or any other purpose).
You should also be aware of the risks associated with using an internet or mobile based system for trading options, including but not limited, the failure of hardware, software, and internet connection.
The site and the service is intended for and should only be used by individuals or entities that have sufficient experience and knowledge in financial matters to be capable of evaluating the financial data and market information displayed on the site, and the merits and risks of entering into financial contracts. By using the service you acknowledge that you are aware of all of the risks associated with the service (including without limitation full information and knowledge regarding online binary option transactions) and have the financial capability to finance your participation, that your use of this site, the service and content, is at your own discretion and risk, and that you will be solely responsible for any resulting consequences.

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Risk Disclosure Statement

By opening an account with OptionRally, you acknowledge, understand and agree with the risks associated with binary options’ trading, including but not limited to:
 
1.     Trading is very speculative and risky

Trading in binary options is highly speculative and is suitable only for those customers who:

a.        Understand and are willing to assume the economic, legal and other risks involved; and
 
b.       Are financially able to assume the loss of their total investment and are knowledgeable about binary options trading and the underlying assets.
 
2.    Prices are set by the company and may be different from prices reported elsewhere

The Company will provide the prices to be used in trading and valuation of Customer’s options in accordance with its trading Policies and Procedures. The trading rates assigned to the options on the Company’s website are the ones at which the Company is willing to sell binary options to its customers at the point of sale. As such, they may not directly correspond to real time market levels at the point in time at which the sale of options occurs.

3.    Rights to underlying assets

It is clarified that no real underlying instruments or assets are being purchased by the customers. Therefore, you have no rights or obligations in respect of the underlying instruments or assets relating to your binary options’ trading.

4.    The Company is not an adviser or a fiduciary to customer

Where the Company provides generic market recommendations, such generic recommendations do not constitute a personal recommendation or investment advice and have not taken into account any of your personal circumstances or your investment objectives, nor is it an offer to trade, or the solicitation of an offer to trade, in any binary options. Each decision by customer to trade in binary options with the Company and each decision as to whether an option is appropriate or proper for the customer is an independent decision made by the customer. The Company is not acting as an advisor or having a fiduciary duty to any customer. You agree that the Company has no fiduciary duty to you and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with you trading and/or any recommendations or information provided by the Company.

5.    Recommendations are not guaranteed

The generic market recommendations provided by the Company are based solely on the judgment of the Company’s personnel and should be considered as such. You acknowledge that you enter into any transactions relying on your own judgment. Any market recommendations provided are generic only and may or may not be consistent with the market positions or intentions of the Company and/or its affiliates. The generic market recommendations of the Company are based upon information believed to be reliable, but the Company cannot and does not guarantee the accuracy or completeness thereof or represent that following such generic recommendations will reduce or eliminate the risk inherent in trading in binary options.

 
6.    No profit guaranteed

There is no guarantees of profit nor of avoiding losses when trading in binary options. You haven’t received such guarantees from the Company or from any of its representatives. You are aware of the risks inherent in trading in binary options and are financially able to bear such risks and withstand any losses incurred.

7.    Internet trading

When a customer trades online (via the internet), the Company shall not be liable for any claims, losses, damages, costs or expenses, caused, directly or indirectly, by any malfunction or failure of any transmission, communication system, computer facility or trading software, whether belonging to the Company, customer, any exchange or any settlement or clearing system.

8.    Expiry system errors

In case the expiry system fails for any reason, it will auto detect un-expired options and expire them in accordance to the rates stored historically in the archive. If any option did not expire on time, the system will issue a notification to the risk manager and Compliance Officer, detailing all option information, in order to be resolved manually.


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Customer Service Policy

OptionRally’s first-class customer service is based on the principles of our policy and mission statement:

  • You, the client, are our most important concern. At OptionRally, we appreciate that if you are totally happy with our services then that will lay the foundation for our success.
  • OptionRally fully understands that its key resources are its clients, staff, financial resource and its business reputation. Consequently, we commit ourselves to fully protecting the values of these important assets by rigorously applying moral and legal procedures that oversee all our business activities.
  • OptionRally prides itself on the quality of all aspects of its operations and services. We are constantly seeking to achieve the excellence of performance that will allow us to become a leading binary options provider. However, although we have a global presence we will always strive to ensure that all our business activities are performed to the level that you would expect from a world-class company.
  • At OptionRally, we believe that if our staff is happy then they will consistently provide first-class service to our customers enabling OptionRally to continuously grow and flourish.
  • OptionRally imposes a policy with the intent to constantly search for methods that will enable us to improve all aspects of our services, processes, technology and trading practices. We are particularly aware of the ever-changing nature of our competition and the need to find improvements to satisfy the evolving needs of our customers.
  • OptionRally believes in the importance of always trading with honesty and integrity. As such, you can rest assured that you will always experience these important attributes whenever you do business with OptionRally in all aspects.
  • OptionRally appreciates the wellbeing of all its clients as its prime objective. Consequently, our policy and mission is to build long-lasting relationships that are based on mutual success and honesty. Central to our policy for client care is our philosophy to provide proficient and excellent service as well as satisfying all their educational needs concerning our products and facilities.
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Order Execution Policy

1.     Purpose.
The purpose of this Order Execution Policy is to establish effective arrangements for obtaining the best possible results for the Company’s clients, when the Company is executing clients’ orders.
This Order Execution Policy (the “Policy”) aims to set out those arrangements and to ensure compliance with legislative requirements.
This Policy shall be read in conjunction with the Company’s Terms of Use.
 
2.     Legal Framework.
This Policy is meant to obtain the best possible result for our clients taking into account price, costs, speed, likelihood of execution, size, nature or any other consideration relevant to the execution of the order. Nevertheless, whenever there is a specific instruction from the client, the Company shall execute the order following such specific instruction.
 
3.     Policy.
The Company’s senior management reviews the Policy on an annual basis or/and whenever a material change occurs that impacts the Company’s ability to continue offering best execution of its clients’ orders using the Company’s trading platform.
The Company proceeds to maintain the Policy, in order to ensure compliance with the Company’s obligation to execute orders on terms most favourable to the clients while achieving the best possible results for its clients, taking into consideration its clients’ ability, needs and trading policies, where applicable and possible.
However, when the Company is ordered by the client to execute an order following specific instructions, the Company will be discharged of its obligation to execute orders on terms most favourable to the client.
 
A.    Best Execution Criteria
 
In order to determining the best execution criteria with relative importance of the execution factors, the Company will take into account:
·  The characteristics of the client.
·  The characteristics of the client’s order.
·  The characteristics of the financial instruments that are the subject of such order.
·  The characteristics of the execution venues to which such order can be directed.
 
The best possible result will be determined in terms of the total consideration, representing the price of the contract and the cost related to execution. The other execution factors of speed, likelihood of execution, size, nature or any other relevant consideration will, in most cases, be secondary to price and cost considerations, unless they would deliver the best possible result for the client in terms of total consideration.
 
B.    Execution Factors
 
The Company, when managing client’s orders, takes into account various execution factors, provided that there are no specific instructions from the client to the Company about the way of execution of the orders. The execution factors include:
 
·  Price.
·  Speed and likelihood of execution.
·  Costs or commissions.
·  Size and nature of the order.
·  Market conditions and variations.
·  Execution capability.
·  Any other direct consideration relevant to the execution of the order.
 
 
 
4.     Specific Instructions.
In circumstances where the client provides the Company with a specific instruction as to how to execute an order and the Company has accepted this instruction, then the Company will execute the order in accordance with that specific instruction.
Nevertheless, if the client provides a specific instruction to carry out an order, and by executing that order the Company will not be complying with the Company’s duty to provide the client with the best execution, the outcome may be that the Company will not be able to follow the Company’s order execution policy for that particular order.
 
5.     Pricing.
The Company will provide its own tradable prices which are derived from independent price providers. The main way in which the Company will ensure that the client receives the best execution will be to ensure that the price provision to the client is made with reference and compared to a range of underlying price providers and data sources. The Company reviews its independent price providers at least once a year to ensure that correct and competitive pricing is offered.
At an initial stage, the Company’s trading platform is integrated with the following price providers: TCM Investments Ltd
The provider, is continuously updating its prices, therefore last updated prices are displayed on Company’s trading platform.
 
6.     Costs.
When the client opens a position in some types of financial instruments, a commission or a financing fee will apply.
 
7.     Size of order.
All orders are placed in monetary value. You will be able to place your order as long as you have enough balance in your trading account. If you wish to execute a large size order, in some cases the price may become less favourable considering the feed obtained from the Company’s price provider.
 
8.     Speed.
As well known, prices change over time, the frequency with which they do varies with different financial instruments and market conditions. Considering that the tradable prices which are distributed via the Company’s trading platform/terminal, technology you use to communicate with the Company plays a crucial role. For instance, the use of a wireless connection, or dial up connection, or any other communication link that can cause a poor internet connection can cause unstable connectivity to the Company’s trading platform/terminal. The result for you is to place your orders at a delay and the order to be executed at better or worst prevailing market price offered by the Company via its platform/terminal.
 
9.     Nature of the order.
The particular characterizing of an order depends on the binary option to be selected by you. The value of the option mainly depended on the volatility of the underlying instrument, the set time of option expiration and the risk management that you selected.
 
10. Likelihood of execution.
Due to the levels of volatility affecting the underlying instrument’s price, the Company seeks to provide your orders with the fastest execution reasonably possible.
 
11. Likelihood of settlement.
The Company shall proceed with the settlement of all transactions upon the execution and/or time of expiration of the specific transaction.
 
12. Market Impact.
The Company’s quoted prices which are derived from its independent price providers may be affected by various factors which could also affect the abovementioned factors. The Company will take all reasonable factors to ensure the best possible result for its clients.

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Terms of Use

 
1.       INTRODUCTION.
 
1.1.     Welcome to www.optionrally.com (the “Site”). This Agreement is between you and TCM Investments Ltd. (hereinafter called “We”, or the "Company") which offers to you ("You", “Customer” or the "User") certain services via the Site. Any use of this Site or the services available on the Site or through our mobile application from time to time (including, but not limited to, the trading platform, available information, software, tools, programs, components, updates, upgrades, and all related applications, available now or in the future) (collectively, the "Service"), is subject to and conditional upon your agreement to comply with all of these Terms of Use (the "Agreement").
 
1.2.     You confirm and acknowledge that by accessing the Site and utilizing the Service: (a) you have read this Agreement and that you understand its content; (b) you agree to be bound by this Agreement and all ancillary documents and policies of the Company (as amended from time to time) which are available on the Site (including, but not limited to, the Privacy Policy) (together the "Company Policies"); and (c) that you are of legal age to form a binding contract of the type of this Agreement. Please read this Agreement and the Company Policies carefully before using this Site and check them periodically for changes. If you do not agree to be bound by the terms and conditions of this Agreement or the Company Policies, please do not make use of or access the Site or the Service.
 
1.3.     Please note that the Company has received a license from the International Financial Services Commission of Belize (license No. IFSC/60/422/TS/15) in order to provide the Service referred to herein.
 
2.       THE SERVICE.
 
2.1.     The Company shall grant the Service to the User subject to the User: (a) receiving the Company’s notification approving the opening of an account with us (the “Trading Account”); (b) successfully completing the KYC process performed by the Company according to the applicable laws and regulations (as amended from time to time); and (c) fulfilling his or her obligations under the Agreement in a timely manner.
 
2.2.     Each binary option purchased by the User through the Service (the "Option") is subject to the prices, expiration periods and payout amounts and other terms quoted by the Service at the time of entering into an Option. Each Option consists of an offer by you to enter into the Option, and our subsequent acceptance of your offer evidenced by withdrawal of monies from your Trading Account in the amount indicated by you in your offer. An Option will be deemed to have been exercised only after we accepted your offer, as evidenced by withdrawal of monies from your Trading Account. We may, in our sole and absolute discretion, decide to: (a) accept or reject all or any part of an offer by you to enter into an Option; and/or (b) offer to and impose on each User different terms and restrictions with respect to such User's use of the Service. Each Option must be processed manually by you through the Service only, and not by any automatic system. Other offers, such as offers sent by fax, email or text message, will not be accepted.
 
2.3.     If during the period between the purchase and the expiry of an Option relating to a share as the underlying asset, the share has been split or there is a reverse split, then such option’s price will be adjusted according to the adjustments made to the share price in the exchange where it is traded due to such split or reverse split. We reserve the right to void any Option which we believe to be based on an obvious error, or fraudulent, including (but not limited to) offers to execute Options for disproportionate amounts.              


2.4.     Any downloads of software from the Site or from authorized third party Sites, which enable you to access the Service, including (but not limited to) any files, images incorporated in or generated by the software, and data accompanying the software (the "Software") is licensed to you by us or by third-party licensors for your personal, non-commercial use only. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
 
2.5.     Please be aware that every Trading Account where there has been no trading activity for a minimum of three (3) months shall be deemed as a Dormant Account and each Dormant Account shall be charged every month with an administration fee of $99.99 (the "Administration Fee"). If the Trading Account is at any time funded by less than the Administration Fee, the Company reserves the right to charge a lower amount to cover administrative expenses and close down the Account.             


2.6.     All payments in connection with the Site or Service are non-cancelable and non-refundable. Upon entering into an Option, the amounts used to enter into an Option shall be immediately withdrawn from your Trading Account and held by us pending expiry of the Option. You shall not be allowed to enter into an Option for any amount in excess of the balance in your Trading Account. In the event that you are entitled to monies at the expiration of an Option, such amounts shall be added to your Trading Account. You hereby authorize the Company to hold your funds in any financial body we choose in our sole and absolute discretion. You shall not be entitled to any interest in relation to the credit balance on your Trading Account. Any funds to be paid to you in respect of an expired Option shall be paid in the same currency as initially deposited into your Trading Account by you. Other than the applicable amount payable to you upon the expiration of an Option, you shall not be entitled to any additional payment of any kind whatsoever.   


2.7.     The Service, including (but not limited to) payment processing, may be handled directly by us or by any third parties on our behalf. We reserve the right to charge a commission for transfers to or from your Trading Account, as published through the Service from time to time. Such commission shall be deducted from your Trading Account immediately upon execution of a transfer, without notice to you. You shall be responsible for expenses in connection with such transfers. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including, but not limited to, payment methods, tax liability, collection and use of your personal information, and support levels). We advise you to read the terms of use and privacy policy of such third parties before submitting any personal information and using such third parties' services.
 
2.8.     It is your obligation to ensure that you fully abide by all applicable laws, regulations and directives with regard to the use of the Site and the Service. For avoidance of doubt, the ability to access the Site or the Service does not necessarily mean that the Site or the Service and your use thereto are legal under relevant laws, regulations and directives. Further, use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. You will be held fully responsible for the payment of any taxes that apply to this Agreement, the Site or the Service. It is your responsibility to report your activities on your Trading Account to any applicable tax or other authority, and to pay all applicable levies, taxes, governmental fees and charges associated with the activities including required deductions at source.
 
2.9.     We reserve the right, in our sole and absolute discretion to, at any time add, remove or suspend from the Service any type of asset or option, or change or discontinue providing any part of the Service.


3.       RISK FACTORS. 
 
3.1.     You unreservedly acknowledge and accept that, regardless of any information which may be offered by the Company, the value of any investment in any financial activity offered by the Service may fluctuate downwards or upwards and it is even probable that the investment may be reduced to zero value.
 
3.2.     The Service offers financial activities that may result in the loss of part or all of the invested funds while trading. You should carefully consider whether this activity suits your needs, your financial resources and your personal circumstances. You accept and declare that you are willing to undertake this risk.
 
3.3.     You should be aware that among the features of the Service:
 
a.        the prices and expiration period quoted through the Service for various assets are the prices and expiration period in which we are willing to sell a binary option for such asset to you at such time and these prices may not correspond to any other market price available to you from different markets at the point in time in which you purchase the binary option through the Service;
 
b.       when a binary option is traded in a currency other than the currency of the User’s country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance;  
 
c.        a broad range of financial information is displayed on the Site and may quickly become unreliable or change for various reasons such as the volatility of financial markets. Further, minor differences in market prices may occur in short time periods and may cause high profits or losses in relation to transactions you complete through the Service. There is no existing method that can assure profits from transactions in financial markets. We are under no obligation to quote a particular price quoted on any specific market; and
 
d.       You may not use or rely on prices quoted through the Service for any purpose other than trading through the Service, and you agree not to redistribute such prices to others (for commercial or any other purpose).
 
3.4.     The User agrees and acknowledges that he or she is solely responsible for any investment strategy, Option (as defined below) or investment, composition of any account and taxation consequences and the User shall not rely for this purpose on the Company. It is also understood and accepted that the Company shall not bear any responsibility in any manner or form whatsoever, regardless of the circumstances, for any such investment strategy, transaction, investment or information, composition of any Trading Account and/or taxation consequences.
 
3.5.     You should also be aware of the risks associated with using an internet or mobile based system for trading options, including but not limited to, the failure of hardware, software, and internet connection.
 
3.6.     The User acknowledges that the Service does not include the provision of investment advice. Any investment information as may be provided by the Company or on its behalf does not constitute investment advice services whatsoever, or in any circumstances. Any investment information as may be provided by the Company doesn’t constitute investment advice and the information shall be regarded as given for informative purposes only. No information provided by the Company shall be deemed as an assurance or guarantee on the expected results of any Option.
 
3.7.     The Site and the Service is intended for and should only be used by individuals or entities that have sufficient experience and knowledge in financial matters to be capable of evaluating the financial data and market information displayed on the Site, and the merits and risks of entering into financial contracts. By using the Service you acknowledge that you are aware of all of the risks associated with the Service (including, but not limited to, full information and knowledge regarding online binary option transactions) and have the financial capability to finance your participation, that your use of this Site, the Service and content, is at your own discretion and risk, and that you will be solely responsible for any resulting consequences.
 
4.       YOUR ACCOUNT.
 
4.1.     Please take under advisement that if you submit a request to withdraw monies from your Trading Account, such request may take us up to five (5) business days to process, following the provision by you of all relevant identification documents that we may require from you in our sole discretion. Once the request has been approved, it may take a further five (5) business days until the funds show in your personal account. Transfers via credit or debit card shall be performed at times and according to the card company's procedures or according to the terms of third party payment processors used by us to complete such transfers. We may carry out withdrawal orders by alternative means to those which have been used in the original deposit order, subject to anti-money laundering laws and regulations.
 
4.2.     You shall be required to provide us, upon any deposit of funds into you Trading Account and at any other time we may, in our sole discretion, require you to, including, but not limited to, after funds have been deposited into your Trading Account and prior to any withdrawals, provide us proof of identity documentation, such as a notarized copy of your passport or other means of identity verification, copies of the credit card used to deposit funds, utility bill not older than 3 months, and written confirmation of your instructions to perform activities through the Service, as we may deem necessary under the circumstances. You will receive direct instructions regarding the documents you will be required to submit from our compliance department. You may address our compliance department via email at ComplianceDep@optionrally.com for more information. Notwithstanding, we are not obligated to verify your identity or the validity of your instructions. You shall bear the risk of all instructions, whether authorized, unauthorized, improper or fraudulent, even if such instructions were provided without your authority. If you do not comply with our requests, we reserve the right to close any open Options on the Service, refund to your Trading Account all amounts invested by you pursuant to such closed Options, transfer such monies from your Trading Account to you and delete your Trading Account.
 
5.       REGISTRATION AND ACCOUNT MANAGEMENT.
 
5.1.     Some functions of the Service require sign up, and as part of the process you will be requested to provide certain information, including among others, a unique user name and password ("Sign Up Data"). You agree to:
 
a.        provide true, accurate, current and complete Sign Up Data as prompted by the registration process;
 
b.       maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Service;
 
c.        maintain and promptly update the Sign Up Data to keep it accurate, current and complete;
 
d.       ensure that you log out of the Service at the end of each session using the Service;
 
e.       refrain from transferring your Trading Account on the Service to any other without our prior written consent;
 
f.         refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Sign Up Data; and
 
g.        immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Sign Up Data in connection with the Site or the Service or any other breach of security that you become aware of involving or relating to the Site.
 
5.2.     We assume that any communications and other activities through use of your Sign Up Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Sign Up Data. You may not access your Trading Account, or have your Trading Account open, simultaneously through the mobile application and the Site.
 
5.3.     You hereby consent to have your trading history through the Service available online. You will be able to access Trading Account information via the Service using your Sign Up Data. Posting of Trading Account information on your online Trading Account will be deemed delivery of confirmation and Trading Account statements.
 
5.4.     You declare that by providing your Sign Up Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Service and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that do not wish to receive such commercial content anymore.
 
5.5.     Please be informed that we cannot accept customers from the following territories: United States of America, Australia  Iran, North Korea, Yemen and Syria. In addition, please note that customers from member countries in the European Union cannot register in the Site and are redirected to www.optionrally.eu, operated by OptionRally Financial Services Limited, which is regulated by Cyprus Securities and Exchange Commission.
 
6.       TERMINATION RIGHTS. 
 
6.1.     Without prejudice to the Company's rights and remedies under this Agreement or at law, we may, in our sole discretion and without notice or liability to you or any third party, immediately block access to the Site or the Service from, or immediately suspend or terminate the Trading Account of, any user that, among others:
 
a.        breaches the letter or spirit of any term of this Agreement;
 
b.       provides personal data that is inappropriate or offensive in our discretion, inaccurate, not current or incomplete;
 
c.        we suspect is the victim of theft or unauthorized use of your personal data; or
 
d.       whose Trading Account has extended periods of inactivity, without derogating from any other right or remedy that we may have by law, equity or otherwise.
 
In such an event, we may immediately close any Options, and debit or credit your Trading Account as applicable, close all or any of your Trading Accounts held with us of whatever nature, terminate this Agreement without notice and refuse to enter into further Options with you. Any monies held in any of your Trading Accounts on the Site shall be frozen and we may deduct any amounts from such Trading Accounts in order to set off any loss, damages or expenses incurred by us as a result of a breach of this Clause 6.1 (Your Account).
 
6.2.     Without prejudice to the Company's rights to terminate this Agreement immediately and without prior notice in accordance with Clause 6.1 (Your Account), the Company may terminate this Agreement with immediate effect by giving at least 3 business days' notice in writing to the User. The User shall have the right to terminate this Agreement with immediate effect by giving at least 14 business days' notice to the Company.
 
6.3.     Upon termination of this Agreement, all amounts payable by the User to the Company will become immediately due and payable including, but not limited to, all outstanding costs and any other amounts payable to the Company, as well as any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of this Agreement.  
 
6.4.     Once notice of termination of this Agreement is sent and before the termination date:
 
a.        the User will have an obligation to close all of his or her open Options. If the User fails to do so, upon termination, the Company will close any open Options at current prices;
 
b.       the Company will be entitled to cease granting the User access to the Service or may limit the functionalities the User is allowed to use on the Service;
 
c.        the Company will be entitled to refuse to accept new orders from the User; and
 
d.       the Company will be entitled to refuse the withdrawal of money by the User from the Service and the Company reserves the right to keep User’s funds as necessary to close the Options which have already been opened and/or pay any pending obligations of the User under the Agreement. 
 
6.5.     In absence of illegal activity or suspected illegal activity or fraud of the User or instructions from the relevant authorities, if there is balance in the User’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such balance to the User (to the same account from which the User made his deposit) as soon as reasonably practicable. Such funds shall be delivered in accordance to the User’s Instructions to the Company. It is understood that in no event shall the Company effect any payments to an account which is not in the name of the User. The Company has the right to refuse, at its discretion, to effect third party payments. In the event that the User fails to provide instructions or the User cannot be reached at his last known address, the Company shall forward such funds (at its sole discretion) directly to his bank account into which he made his original deposit or by way of a check sent by mail to the address recorded at the time of registration. It is the User’s responsibility to update his address from time to time, the company having no liability towards the User for any lost money.
 
6.6.     From time to time, we perform maintenance on the Site or Service resulting in interrupted service, delays or errors in the Site or Service. We will attempt to provide you with prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. Under such circumstances, we may in our sole discretion (with or without notice) close your open Options at prices we consider fair and reasonable at such time, and you waive any claims or demands against us in connection thereto.
 
7.       WARRANTIES & REPRESENTATIONS.
 
The User warrants and represents to the Company that he or she:
 
a.        has read and fully understood the terms of this Agreement;
 
b.       shall abide by the restrictions and limitations contained in the terms of use; 
 
c.        is of sound mind, legal age and legal competence;
 
d.       is the individual who has completed the registration or, if the User is a legal entity, the person who has completed the registration on the User’s behalf is duly authorized to do so;
 
e.       is duly authorized to enter into the Agreement, to open Options, give instructions and requests and to perform its obligations hereunder;
 
f.         will not violate any law or rule under this Agreement or applicable to the User or to the jurisdiction in which the User is resident or any agreement by which the User is bound or by which any of the User’s assets or funds are affected;
 
g.        has chosen the particular type of Service taking his total financial circumstances into consideration which he consider reasonable under such circumstances;
 
h.       understands all funds transferred to the Company, belongs exclusively to the User, and are free of any lien, charge, pledge and any other encumbrance. Further, whatever money is handed over to the Company by the User is not in any manner whatsoever directly or indirectly proceeds of any illegal act or omission or product of any criminal activity; 
 
i.         is not a Politically Exposed Person and will promptly notify the Company if at any stage during the course of this Agreement he or she becomes a Politically Exposed Person;  
 
j.         understands that the Company has no restrictions on the markets or financial instruments in which any transactions will be sent for execution, depending on the User’s nationality or religion;
 
k.        act for himself or herself and not as a representative or a trustee of any third person, unless the User produced, to the satisfaction of the Company, a document and/or powers of attorney enabling you to act as representative and/or trustee of any third person;  
 
l.         agrees and understands that the Company reserves the right to refund / send back to the remitter (or beneficial owner) any amounts it received, after having such proof as it considers adequate at its absolute discretion that these amounts are direct or indirect proceeds of any illegal act or omission or product of any criminal activity and/or belonging to a third party. The User further agrees to bear all costs and expenses (including taxes and/or commissions) associated with such refund;
 
m.      agrees and understands that all Options will be performed only through the Service provided by the Company and the financial instruments are not transferable to any other trading platform whatsoever;  
 
n.       shall not use any software for the purpose of automatic/algorithm trading in the Trading Account.  Furthermore the User shall not use or allow the use of a device which is performing transactions in any manner obstructing and/or interfering with the regular and ordinary carrying out of such transactions as contemplated by the Company (i.e. using expert advice software, auto clicker and similar software);
 
o.       agrees not to use the Service in an abusive way by lag trading and/or usage of server latency, price manipulation, time manipulation or any other practices which are illegal and/or are utilized to give the User an unfair advantage or which the Company considers at its own discretion as inappropriate and outside the scope of this Agreement;
 
p.       will take all reasonably necessary measures (including, without prejudice to the generality of the above, the execution of all necessary documents) so that the Company may duly fulfill its obligations under this Agreement, and applicable laws;
 
q.       the Company shall have no liability for any potential damage the User may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of the internet service providers. The User acknowledges that access to electronic systems/trading platforms may be limited or unavailable due to such system errors; 
 
r.        opened the Trading Account in order to perform trading on the Site. In case of absence of any trading activity for three (3) months or more, the Company reserves the right to charge the Administration Fee and/or close down the Trading Account in accordance with Clause 2.4 (The Service); and
 
s.        will ensure that the information provided by the User to the Company upon registration and at any time thereafter is true, accurate and complete and the documents handed over by the User are valid and authentic.
 
8.       USER RESPONSIBILITIES.
 
8.1.     You may access and use the Site and Service only for its purposes as intended by the normal functionality of the Site and Service, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Service, you agree to abide by all applicable local, state, national and international laws and regulations and not allow or facilitate a third party to, violate or infringe any rights (including, but not limited to, copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Service, and without limiting the foregoing you may not:
 
a.        use (i) the Site, (ii) the Service, or (iii) any financial data, content, programming, services, features, data, text, information, images, graphics, photographs, scripts, sounds, video, music, sound recordings, programming, trademarks, logos, service marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Service ("Site Content") to promote, contribute to or conduct fraudulent, obscene, pornographic, inappropriate or illegal activities, including, but not limited to, deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
 
b.       interfere with the access, use or enjoyment of this Site or the Service by others (including, but not limited to, causing greater demand on the Service than is deemed by us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;
 
c.        use any Site Content except for the intended purposes of the Service and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Service without our prior written consent;
 
d.       copy, record, edit, alter or translate any of the Service, the Site or the Site Content including, but not limited to, removing, editing or otherwise interfering with any names, marks, logos or branding on the Service, Site or the Site Content;
 
e.       harvest or otherwise collect non-public information about another user obtained through the Site or the Service (including, without limitation, email addresses), without the prior written consent of the holder of the appropriate rights to such information;
 
f.         add a Site member to your email or physical mailing list without their consent after adequate disclosure or use their email addresses or contact details for anti-social, disruptive or destructive purposes, including "flaming", "spamming", "flooding", "trolling" and "griefing" as those terms are commonly used and understood on the internet;
 
g.        alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Service, any Site Content, or features;
 
h.       in any manner damage or impair any of our Intellectual Property Rights (as defined below);
 
i.         use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Service, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
 
j.         decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service except if and to the extent permitted by applicable law;
 
k.        access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service;
 
l.         create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not;
 
m.      copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Service, the Site or the Site Content;
 
n.       'deep-link', redistribute or facilitate the redistribution of Site Content;
 
o.       abuse or use any other means to affect or manipulate the Service in general or the prices quoted through the Service;
 
p.       use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us;
 
q.       use this Site or the Service for the purpose of money laundering.
 
8.2.     When using the Site or the Service you will be exposed to Site Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Site Content.
 
 
9.       BONUSES. 
 
9.1.     The Company offers, from time to time, numerous offers such as welcome bonuses, competitions and award to the Company's new and existing Users. Bonuses and onetime trading credits rewarded to Users are part of the Company's promotional system and are provided (if any) at its sole discretion. These offers are limited in time and the terms and conditions associated with any bonus rewards are subject to change by the Company, at its sole discretion, any time and for any reason. To learn more about the Company's promotional offers please contact us via live chat, phone or email.
 
9.2.     Any promotion offered is valid only for the period specifically stated therein, unless otherwise specifically designated or dated by the Company, in writing.
 
9.3.     All promotions offered by email are offered under the same terms and conditions specified herein or noted on the promotional email.
 
9.4.     By accepting this Agreement when registering with the Company, you accept and understand that these offers are covered by this Agreement, limited, and have no actual value unless actually credited to your Trading Account (as activated bonuses after trading volume requirements have been met), provided that all related conditions are met, whether such conditions were noted by your Trading Account manager, written in emails or promotional literature and/or listed herein.
 
9.5.     All redeemable bonuses are subjected to trading volume requirements, as set forth in the respective award, but in any event the trading volume requirement on your Trading Account shall be at least 30 times the bonus amount. 
 
9.6.     If you receive multiple bonus credits, the trading volume requirement is calculated based on the aggregate amount of bonuses received.
 
9.7.     Upon your acceptance of a bonus, you hereby agree and acknowledge, as follows:
 
a.        Until you have met the required trading volume, any and all profits in your Trading Account are deemed as part of your bonus, for all intents and purposes.
 
b.       Any withdrawal of funds from your Trading Account, prior to reaching the trading volume requirements, shall immediately cancel all bonuses and profits in your Trading Account, which shall all become null and void as of your withdrawal request’s notice.
 
c.        In the event that the balance in your Trading Account shall be lower than US$50, such balance shall be deemed as bonus amount and shall be deleted from your Trading Account.
 
d.       Any open Options are not withdrawable.
 
9.8.     The date of any promotion will be considered the date on the email sent to you and logged in the Company’s system.
 
9.9.     The Company, at its sole discretion, will determine if your deposit and trading activity entitle you to a promotional bonus.
 
9.10. In addition to the above, certain additional conditions may apply to any specific promotion, as will be defined in such specific promotion’s terms and conditions.
 
9.11. It is advisable to send an email to support@optionrally.com about bonus and awards. Please make sure you ask in writing before participating in any promotions.
 
9.12. Balance – please note, that if you don’t have a bonus, the balance in your Trading Account represents the amount available to withdrawal/trading binary options. If you have a bonus, the balance represents the amount available for trading binary options. Please note that the following examples are for illustrative purposes only:
   
Example 1: User deposited 500, received a 500 bonus, reached a 10,000 trading volume and made 500 in profit. Trading volume requirements: 50 times the bonus amount.          
The bonus has not met the trading volume requirement 500*50 =25,000.   
Balance available for trading Binary Options = 1,500.         
Balance available for withdrawal = 500. 
If the User wishes to withdrawal 500, his/her Account balance after this withdrawal will be 0.
 
Example 2: User deposited 500, received a 500 bonus, reached a 60,000 trading volume and made 500 in profit. Trading volume requirements: 50 times the bonus amount.          
The bonus has met the trading volume requirement 500*50 =25,000.          
Balance available for trading Binary Options = 1,500.         
Balance available for withdrawal = 1,500.              
If the User wishes to withdrawal 500, his/her Account balance after this withdrawal will be 1,000.
 
Example 3: User deposited 500, received a 500 bonus, reached 10,000 trading volume and lost 500. Trading volume requirements: 50 times the bonus amount.           
The bonus has not met the trading volume requirement 500*50=25,000.    
Balance available for trading Binary Options = 500.             
Balance available for withdrawal = 0.                      
 
Example 4: User deposited 500, received a 500 bonus, reached 10,000 trading volume, made 300 in profit and made a withdrawal request of 100. Trading volume requirements: 50 times the bonus amount.
The bonus has not met the trading volume requirement 500*50=25,000.    
Balance available for trading Binary Options before the withdrawal request = 1,300. 
Balance available for trading Binary Options after the withdrawal request = 500.        
Balance available for withdrawal = 500.
 
Example 5: User deposited 500, received a 500 bonus, reached 10,000 trading volume and received additional 500 bonus. Trading volume requirements: 50 times the bonus amount.            
The bonus has not met the trading volume requirement of the first bonus: 500*50=25,000.
Balance available for trading Binary options after the first bonus = 1,000.     
Balance available for trading Binary options after the second bonus = 1,500.               
New trading volume requirement for both bonuses after the second bonus = 50,000.
Balance available for withdrawal = 500.
 
10.    PRIVACY POLICY.
 
Certain information about you is subject to our Privacy Policy which is made available on this Site at all times. By accessing the Site and the Service, you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.
 
11.    USER RECORDS.
 
You acknowledge that we, or an authorized party on our behalf, may record telephone conversations and keep records of all Sign Up Data, written orders, correspondences and Options with you. Please note that your Personal Information (as such term is defined in our Privacy Policy) may be kept as part our records, all in accordance with the terms of Clause 10 (Privacy Policy) and the Privacy Policy. Our records will be conclusive evidence of your dealings with us in connection with the Service including in any legal or regulatory proceedings. You will not object to the admission of our records as conclusive evidence in any legal or regulatory proceedings because such records are not originals, are not in writing or are documents produced by a computer. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request in our absolute discretion.
 
12.    INTELLECTUAL PROPERTY RIGHTS.
 
12.1. You acknowledge that the Service and Site Content, including, but not limited to, the Software, the trademarks, service marks and logos contained in the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. The Site Content, Site, Software and the Service, all copies any derivative works thereof, and all associated goodwill and any Intellectual Property Rights therein, are and will remain owned solely by us or our licensors, as the case may be. Except for the license granted in Clause 2.4 (The Service), no other license, right or interest in any goodwill or Intellectual Property Rights in the Service or any part thereof is granted or conveyed to you.
 
12.2. For the purposes of this Agreement, the term "Intellectual Property Rights" means as follows: patents, trademarks, logos, service marks, get-up, trade names, rights in designs, internet domain names, copyright (including rights in computer software), utility models, database rights, rights in know-how and other intellectual property rights, in each case whether unregistered or registered and including applications for registration, and all other rights or forms of protection having equivalent or similar effect anywhere in the world. 
 
13.    REFERENCES TO OTHER SITES.
 
The Site and the Service may contain links and references to Sites, applications and others services provided by others. Access to any such Sites, applications or services is at your own risk. You are recommended to review the information provided by such Sites, applications or services (such as terms of service and privacy policy) before accessing or using them. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Sites, applications or services. In no event will we be responsible for the information contained on them, nor for their practices or for your use of or inability to use them, or transmissions received from them. You relieve us from any and all liability arising from your use of such Sites, applications or services.
 
14.    FEEDBACK.
 
Any material, including, but not limited to, idea, technique, knowledge, marketing plan, questions, information, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Service in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you.
 
15.    FOLLOW TRADERS.
 
We may, at our sole and absolute discretion, make available a widget which enables Users to open Options which follow the Options of other Users ("Follow Trader(s)") as part of the Service (the "Follow Traders Service"). In relation to the Follow Traders Service, you hereby acknowledge that the past performance of a Follow Trader is not necessarily indicative of future results. The Follow Traders may be individuals with little or no experience in binary options or investments generally. When reviewing the portfolio or financial performance information of a Follow Trader, you should not assume that such Follow Trader is unbiased, independent or qualified to provide financial information or advice. We make no representation whatsoever that use of the Follow Traders Service is suitable for you or will lead to your Trading Account showing profits similar to those which a Follow Trader has achieved in the past. Please note that there is a high level or risk involved with using the Follow Traders Service and you should therefore consult with an independent investment professional before proceeding.
Furthermore, you acknowledge and consent that subject to our sole discretion we may publish your user from time to time as one of the Follow Trader users. In that case we will not disclose any of your identifying privet information such as, but not limited to: name, address, date of birth etc. However we retain our right to disclose un- identifying information such as age, country, and date of when you opened your Trading Account.  
 
16.    LIMITATION OF LIABILITY.
 
16.1. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE ANY PART OF THIS SITE OR THE SERVICE OR ANY SITES LINKED TO THIS SITE, OR (II) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION WITH RESPECT TO THE SITE CONTENT; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. Without derogating from any of the foregoing, our total aggregate liability under this Agreement, if any, in connection with the Site, the Service or the Site Content or the Agreement will be limited to the amount of the Option giving rise to such claim. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Service, the Site Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
 
16.2. Without derogating from the generality of Clause 16.1 (Limitation of Liability), we shall not be held liable and are released from all claims and losses arising out of:
 
a.        any act or omission by any person obtaining access to your Trading Account, whether or not you have authorized such access;
b.       inaccurate or incomplete instructions received by you; or
c.        delay, failure or error by you in implementing any reasonable instruction we have provided to you;
d.       any reliance or use by you or any other third party with access to your Trading Account, whether to complete an Option or for any other purpose whatsoever.
 
17.    INDEMNIFICATION.
 
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES OR ANYONE ACTING ON OUR BEHALF FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR THE SITE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
 
18.    DISCLAIMERS.
 
THE SITE CONTENT, THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
 
WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY THAT: (I) THE SITE, THE SERVICE OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ERROR-FREE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) ERRORS AND BUGS WILL BE DETECTED AND CORRECTED IN THE SERVICE; (III) WE WILL BE ABLE TO PREVENT THIRD PARTY DISRUPTIONS OF AND TO THE OPERATION OF THE SERVICE. PLEASE NOTE THAT THE SITE CONTENT IS PROVIDED AS GENERAL MARKET COMMENTARY, DOES NOT CONSTITUTE INVESTMENT ADVICE, AND IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE DO NOT ENDORSE OR APPROVE THE SITE CONTENT AND ARE NOT OBLIGATED TO UPDATE ANY SITE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE.
 
Without derogating from the above, the Company shall not be held liable for any damage caused to the User as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank accounts are maintained. The Company makes every effort to ensure that the banks and institutions to which the User’s funds are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.
 
19.    AML COMPLIANCE.
 
The Company is committed to comply with anti-money laundering ("AML") regulation and procedures, and employ best-practice procedures to ensure it. We reserve the right to refuse to do business with, to discontinue to do business with, and to reverse any Options with you, in case any suspicion will occur in this respect or in case you do not accept or conform to the following AML requirements and policies:
 
a.        you must provide us with all requested information upon registration;
 
b.       any amounts payable to you upon the expiration of an Option will only be paid to the individual who initially registered to open an Trading Account;
 
c.        if you deposit funds to your Trading Account by means of wire transfer, any withdrawals from your Trading Account will only be transferred to the holder of the originating bank account of the deposit. When making deposits in this manner, it is your responsibility to ensure that your bank account number and the registered name of the account owner accompany all such deposits to us;
 
d.       if you deposit funds to your Trading Account by means of credit/debit card, withdrawals from your Trading Account will only be distributed to the individual whose name appears on the card used to make the deposit and only to the same card;
 
e.       you may not transfer funds to other customers’ accounts; and
 
f.         only one Trading Account is allowed per person. No amount may be withdrawn from any Trading Accounts opened in a false name or on multiple Trading Accounts opened by the same person. 
 
20.    REPORTS TO THE IFSC.
 
The Company is committed to comply with the IFSC’s requirements, and therefore file to the IFSC, as requested, reports regarding the calculation and evidence of:
 
a.        All paid-up and unimpaired capital, compliance with margin requirements and an income statement.
 
b.       The number, volume, and value of all trades executed and other information that the IFSC finds necessary.
  
21.    THIRD PARTY WIDGETS.
 
Certain Customers may have the possibility to use a third party widget which attempts to predict the markets’ movements, this widget is an investment research tool provided to us by a third party and should not be considered as a trading investment advice. You should be aware that there is no existing known method that can assure profits from transactions in financial markets and that your use of this Site, the service content and widget, is at your own discretion and risk, and that you will be solely responsible for any resulting consequences.
 
22.    FORCE MAJEURE EVENT. 
 
22.1. We may, in our reasonable opinion, determine that a Force Majeure Event exists. For the purpose of this Agreement, the term "Force Majeure Event" shall mean any act, event or circumstances outside our control, responsibility and power which causes the continued operation of this Site or the Service to not be reasonably practicable without materially and adversely affecting and prejudicing yours or our interests which for the purposes of illustration, may include (but not be limited to) unusual market volatility or illiquidity or a breakdown in the means of communication normally employed in determining the price or value of any Option or where the price or value of an Option cannot be promptly or accurately determined.
 
22.2. If we determine that a Force Majeure Event exists, we may, in our absolute discretion, without notice and at any time, take one or more of the following steps:
 
a.        alter the trading hours for a particular Option; or
 
b.       suspend or modify the application of all or part of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; or
 
c.        suspend or terminate the operation of this Site or the Service, including closing any open Options and crediting the funds invested for such Options back to your Trading Account, and refunding any credit balances in your Trading Account back to you.
 
22.3. You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to Clause 20.2 (Force Majeure), if we decide to take such action. We shall be released of all responsibilities for partial or full non-fulfillment, as well as for improper fulfillment of the obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of a Force Majeure Event. 
 
 
23.    NO PARTNERSHIP OR AGENCY.
 
You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service.
 
24.    ASSIGNMENT.
 
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
 
25.    WAIVER.
 
Any failure to exercise or any delay in exercising a right or remedy provided this this Agreement will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement will not constitute a waiver or of any other breach and will not affect the other terms of this Agreement.
 
26.    ENTIRE AGREEMENT.
 
This Agreement comprises the entire understanding and agreement between you and us in respect of the matters dealt with herein and supersedes all prior agreements pertaining to the subject matter hereof. You represent and agree that in entering into this Agreement, you do not rely on, and will have no remedy in respect of any statement, representation, warranty or understanding of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.  
 
27.    INTERPRETATION.
 
The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
 
28.    SEVERABILITY.
 
If any provision(s) of this Agreement is held to be unenforceable or illegal or contravene any rule, regulation or by law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and this Agreement will be interpreted and enforced as though the provision has never been included and the legality or enforceability of the remaining provisions of this Agreement shall not be affected.  
 
29.    AMENDMENT TO TERMS
 
We reserve the right to change or modify this Agreement and/or the Privacy Policy from time to time. Posting the modified Agreement and/or the Privacy Policy on the Site will give effect to the revised terms. Your continued use of the Service indicates your acceptance of any revised Agreement and/or the Privacy Policy. If you do not agree to the revised Agreement and/or the Privacy Policy, please refrain from using the Service and/or leave the Site.
 
30.    DISPUTE RESOLUTION


In the event of a dispute arising out of or in connection with this Agreement, you are required to duly file a formal dispute resolution notice by sending an email to dispute@optionrally.com (“Dispute Notice”). Any Dispute Notice will be addressed by us within 5 business days (“Response”). In the event that the parties hereto will not reach an agreement with respect to the dispute set forth in the Dispute Notice, within 7 days as of our Response, We will be entitled to rule such dispute, at our sole and absolute discretion.
  
 
31.    GOVERNING LAW.
 
This Agreement will be governed by in accordance with the laws of Belize without regard to its choice of law principles. Any legal action or proceeding arising in connection with this Agreement will be brought exclusively in courts of Belize, and the parties irrevocably consent to such personal jurisdiction and venue. 

The Company is rendering services from InterCapital SM Limited.

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Compliance Requirements

OptionRally – Know Your Customer (KYC) Policy

OptionRally works to comply with all international standards and regulations to ensure a safe, secure and transparent trading environment. In order to approve and activate your trading account we require all clients to submit the necessary documentation to our compliance department.
By conforming to our AML policy, OptionRally clients enjoy a fast and efficient account activation and ongoing service. If you have any questions, please contact ComplianceDep@optionrally.com

Document Submission Requirements

OptionRally takes great measures in protecting its customers and providing the highest security standards. Therefore, we require all of our customers to identify themselves.

NOTICE: It is an essential requirement from OptionRally that you understand and accept the Terms of Use under which your Trading Account is provided. Trading in financial markets carries an inherent level of risk. We recommend you work closely with your account representative to ensure your trading knowledge is up to date. If you have any questions regarding our KYC requirements or question related to our terms of use contact us and we will be happy to explain.

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Privacy Policy

www.optionrally.com and its related entities hereafter the “Company”, provides this Privacy Policy to inform you of the Company's policies and procedures regarding the collection, use and disclosure of personal information we receive when you visit www.optionrally.com (the "Site") and when you use any part of the company's services which are available through the Site or through mobile application (the "Service"). The Company is responsible for the protection of the privacy and the safeguarding of clients’ personal and financial information. By opening a trading account with the Company, the client hereby gives its consent to such collection, processing, storage and use of personal information by the Company as explained below.
 
The Collection of Personal Information
 
The Company collects the necessary information required to open a client’s trading account, perform transactions and safeguard the clients’ assets and privacy and to provide clients with the services they require. In this respect, the Company gathers information from clients and may, in certain circumstances, gather information from banks and/or credit agencies, and/or clearing agencies and/or other sources which will help the Company to construct the clients’ profile based on their requirements and preferences in order to provide its services effectively. Personal Information may include, but is not limited to, your name, mailing address, email address, telephone number, passport details, credit card and bank account details. The Company may also collect certain demographic information, including, birth date, education, occupation, etc. The Company also assesses trading related information. The information that the Company collects includes information required to communicate with and identify its clients. The Company also maintains information as a result of your trading activity as well as monitoring and recording all or part of its communications with you. The Company may also present links on the Site in a format that enables it to keep track of whether these links have been followed.
 
Non-Personally Information
 
When you access the Site or use the Service, the Company collects the following information:
 
·         Information that your browser sends whenever you visit a website or online service ("Log Data"). This Log Data may include, but is not limited to, the web page you were visiting before you came to the Site, your computer’s Internet Protocol address, browser type and information you search for on the Site and the Service. In addition, if you access the Service via a mobile device, the Company may collect a PushID, subject to your consent as indicated by you in the mobile application, and a Mobile IP.
 
·         The Company uses cookies to secure clients’ trading activities and to enhance the performance of the Site. Cookies used by the Company do not contain personal information or other sensitive information. You can modify your browser so that it will not accept cookies. Please consult the "Help" section of your browser for instructions on how to do so correctly. However, by denying cookies, you will not be able to enjoy the Site's full merits or the full functionality of the service.
 
·         The Company may share Site usage statistics with reputable advertising companies and with its affiliated marketing companies. It is noted that the information collected by such advertising companies is not personally identifiable. To administer and improve the Site, the Company may use third parties to track and analyze usage and statistical volume information. The third party may use cookies to track behavior and may set cookies on behalf of the Company. These cookies do not contain any personally identifiable information.
 
·         The company uses Google Analytics on the Site, a web analytics service provided by Google, Inc. ("Google"). Google Analytics is used to help the Company obtain data regarding use of the Site. The information generated by the cookie about your use of the Site (including your IP address) may be transmitted to and stored by Google on servers in the United States. Google will use this information for evaluating your use of the Site, compiling reports on Site activity for website operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full Site functionality. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
 
 
Usage of Personal Information
 
  i.        The Company uses clients’ personal information for the following reasons: (1) on behalf of and according to instructions of a third party, such as the Company's advertising partners, (2) to enforce the Agreement, (3) to resolve any disputes between users of the Site or the Service, or between such users and the Company, (4) to contact you in order to obtain feedback from you regarding the Site and the Service. The Personal information helps the Company to improve its services, customize browsing experience and enables it to inform its clients of additional products, services or promotions relevant to clients and in this respect the clients hereby consent to the usage of this data for such purposes. If the clients do not want to receive information of this nature for any reason, they can contact the Company at the following address: www.optionrally.com.
 
ii.        The Company uses information that is not Personal Information for the above purposes and in addition in order to (a) monitor and analyze use of the Site and the Service and for the technical administration of the Site and the Service, (b) generate and derive useful data and information concerning the interests, characteristics, Site and Service use behavior of the Company's users, and (c) verify that users of the Service meet the criteria required to process their requests.
 
iii.        Additionally, with respect to both Personal Information and other information The Company may use:
 

  • Aggregate Information and non-Identifying Information. The Company may share aggregated information, including queries and offers generated as a result of your use of the Service that includes non-identifying information and Log Data with third parties for industry analysis, demographic profiling, other commercial purposes and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.
  • Combined Information. The Company may combine certain Personal Information with non-Personal Information in order to create information data and services that are better suited to your interests and preferences. Among other things, linking this information may allow the Company to improve and personalize the Site and the Service. If the Company should combine or link any information with your Personal Information, the combined information will be treated as Personal Information under this Policy.
  • Service Providers. The Company may employ third party companies and individuals to facilitate the Service, in order to provide the Service on the Company's behalf and to perform services related to administration of the Service or the Site (including, without limitation, hosting and database management services, maintenance, web analytics, payment processing and administration). These third parties have access to your Personal Information only to perform these tasks on the Company's behalf and they are obligated to comply with this Policy.
  • Compliance with Laws and Law Enforcement. The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. The Company will disclose any information about you to government or law enforcement officials or private parties as the Company, in its sole discretion, believes is necessary or appropriate, to respond to claims and legal process (including but not limited to subpoenas), to protect The Company's or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity the Company may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

 
In addition, the Company may post additional ancillary privacy notices with respect to specific services.           
 
Android Advertising ID
 
The Android Advertising ID is an anonymous identifier, provided by Google Play services. If your device has an Advertising ID, we will collect and use it for advertising and user analytics purposes. We may use other persistent identifiers for non-advertising purposes. If your device does not have an Advertising ID, note that we will use other persistent identifiers.
 
 
Protection of Personal Information
 
Any personal information provided by the client to the Company will be treated as confidential and shared only within the Company and its contractors or affiliates who fallow the Company's Privacy Policy or prominently display their own. The Company will not disclose to any third party except under any regulatory or legal proceedings any of your personal information. In case such disclosure is required to be made by law or any regulatory authority, it will be made on a ‘need-to-know’ basis, unless otherwise instructed by the regulatory authority. Under such circumstances, the Company shall expressly inform the third party regarding the confidential nature of the information.
 
Changing or Deleting Your Information
 
You may review your Personal Information at any time. Any request to revise or delete your Personal Information should be addressed to support@optionrally.com. Please note, that you may not change these details by yourself. Any changes must be accompanied by supporting documents as further detailed in the Agreement. In addition, the Company may (but is not obligated to) delete any information provided by you or related to you, in its sole discretion.
 
Contact Clients
 
From time to time the Company may contact clients whether by phone or email for the purpose of offering them further information about the Company, binary options trading or financial market trading. In addition the Company may, on occasion, seek to contact clients, whether by phone or by email, for the purpose of informing them of unique promotional offerings provided by the Company for the client. Clients consent to the receipt of such contact when they consent to our terms of use when registering with the Company. Any person wishing to opt out of further contact with the Company at any time whatsoever is entitled to do so, simply by contacting the Company whether by phone or email and requesting that no further contact on behalf of the Company be made.
 
Restriction of Responsibility
 
The Company is not responsible for the privacy policies or the content of sites, applications, banners or services to which the site links and has no control of the use or protection of information provided by the clients or collected by those sites. These other sites, applications, banners or services may place their own cookies or other files on your computer, collect data or solicit personal information from you subject to such third party’s privacy policy. In addition whenever a client elects to link to a co-branded web site or to a linked web site, the client may be asked to provide registration or other personal information. Please note that such information is likely to be recorded by a third party and will be governed by the privacy policy of that third party. The Company encourages you to read the privacy policies and other terms of such third parties' websites, applications or services before accessing or using them.
 
International Processing or Transfer
 
Your information may be processed, maintained or transferred outside of your state, where the privacy laws may not be as protective as those in your jurisdiction.
 
Contact Us
 
If you have any inquiries regarding this Privacy Policy or if you receive an e-mail asking you to update your Personal Information, do not reply and please contact us at support@optionrally.com
 
Privacy Policy Updates
 
The Company may update this Privacy Policy from time to time. In the event that the Company materially changes this Policy including how it collects, processes or uses clients’ personal information, the revised Privacy Policy will be uploaded in the Company’s Site. In this respect, the clients hereby agree to accept posting of a revised Privacy Policy electronically on the Site as the actual notice of the Company to its clients. Any dispute over the Company’s Privacy Policy is subject to this notice and the Terms of Use. The Company encourages its clients to periodically review this Privacy Policy so that they are always aware of what information the Company collects, how it uses it and to whom it may disclose it, in accordance with the provisions of this Policy.