These Terms and Conditions which include the Schedules, any express consents given by you from time to time, and any documents we refer to, including the General Risk Disclosure, Conflicts of Interest Policy, the Best Execution and Order Handling Policy and the Privacy Notice, form the agreement between you and two service providers, Dot Broker Limited. We refer to all these documents as the "Agreement". You expressly agree to the terms of the Agreement and we will also treat your access to and use of our Services (our "Services" are explained in clause 3.3 below) as acceptance of the terms of the Agreement.
1.1. This Agreement should be read carefully by the Client. The Agreement is an e-document
and doesn‘t require
signing. The terms of this Agreement shall be considered accepted unconditionally by the
Client upon the
Company‘s receipt of an first payment made by the Client in accordance with this Agreement.
1.2. The Agreement may be translated in all the official languages of the Company‘s website.
Such translation
will only be intended to provide information. In case of any differences between English
version of the
Agreement and its translation, the English version will have priority.
1.3. As soon as the Company receives the first payment Client‘s, every operation made by the
Client in the
Investment service shall be subject to the terms of the Agreement.
1.4. The Client and the Company enter into every operation in the Investment service as
principals, and the
Company does not act as an agent on the Client‘s behalf unless otherwise agreed. The Client
shall be directly
and fully responsible for fulfilling all of their obligations regarding their operations in
the Investment
service. If the Client acts on behalf of someone else, regardless of whether that individual
is identified or
not, the Company shall not view that individual as a client and shall not bear any
responsibility to them unless
otherwise specifically agreed.
1.5. The terms used in this Agreement are defined in Clause 2 ("Terms and Interpretation").
In this Agreement:
"Available Balance - shall mean the total financial result of all completed transactions and
deposit/withdrawal
operations on the investment account.
"Website" - shall mean Company‘s website at lybero.ai
"Official domains" - Internet addresses where the Company‘s website is available:
- lybero.ai
"Client‘s External Account" - shall mean the bank and/ or electronic account of the Client
or the Client‘s
Authorized Person.
"Fund Deposit" - shall mean the deposit of funds transferred by the Client or the Client‘s
Authorized person and
credited to the Company Account for transfer to the Client‘s Account.
"Withdrawal Request" - shall mean an instruction given via the Investor dashboard on the
Company website to
withdraw funds from the Investment account and transfer them to the Client‘s External
Account or the Account of
the Client‘s Authorized Person, as specified in the instruction.
"Client Account" - shall mean any account opened by the Client at the Company including
Transitory Accounts,
partner accounts, Manager‘s accounts, Investor‘s accounts and other account types.
"Personal Account" - an individual space of the Client on the company‘s Website, access to
which is opened after
entering a unique login and password. This protected area is designed to the Client, support
his accounts,
maintain a register of transactions and information support of the Client.
"Inactive account" - the account of a Client that is within 3 calendar months in a row was
not committed any
financial transactions.
"Client‘s Authorized Person" - shall mean: an individual over 18 years of age, citizen
and/or tax resident of
any country, except for those countries in which the Company does not offer the given
service, authorized to
perfom1 or receive non-cash (bank and/or electronic) transfers on behalf of the Client, for
the purpose of
crediting funds to the Client‘s Account or withdrawing funds from the Client‘s Account.
"Force Majeure" - shall mean lack of confonnity of the tenns and conditions of the Company
and the terms and
conditions of the counterparty, current market situation, possibilities of software or
hardware of the Company
or other situations which cannot be foreseen.
"Electronic Payment System" - shall mean a payment system operating with electronic money
(payment service
provider).
"Exchange rate" is the amount in one currency that you need to pay to buy another currency,
i.e. to exchange
currencies. There are two types of exchange rates: the Current rate, i.e. the rate at a
given time. Forward
exchange rate.
"Investor‘s Room Number" - shall mean the unique number assigned to each Client upon
acceptance of this
Agreement.
"Written Notification" - shall mean an electronic document (including faxes, emails,
internal mail in the
investor‘s dashboard etc.) or an announcement on the Company‘s website.
"Processing Center" - shall mean a legal entity or its department that supports the
informational and
technological interaction between payment participants.
"Business Day" - shall mean a working day from Monday till Friday.
"Withdrawal" - shall mean the withdrawal of funds from the Investor‘s Account and their
remittance to the Client
or the Client‘s Authorized Person‘s bank details, as indicated by the Client in the
"Withdrawal Request".
"Company Account" - shall mean the bank or/and electronic Account of the Company, and the
Company Account in the
Processing Center.
"Investment Account" - shall mean the unique personified register of all completed
transactions, open
investments.
3.1. Subject to the Client fulfilling the obligations under this Agreement, the Company
shall provide the Client
with the ability to make transactions allowed by the capabilities of the Investment service.
3.2. The Company shall carry out execution of financial transactions of the Client. The
Company is entitled to
execute transactions requested by the Client even if the operations is not beneficial for
the Client. The
Company is under no obligation, unless otherwise agreed in this Agreement, to monitor or
advise the Client on
the status of any Deposit. Unless otherwise specifically agreed, the Company is not
obligated to make an attempt
to execute the Client‘s order using more favorable than those offered through the Investment
service.
3.3. The Client shall not be entitled to ask the Company to provide investment advice or any
information
intended to encourage the Client to make any particular financial transaction.
3.4. In the event that the Company does provide advice, information or recommendations to
the Client, the
Company shall not be responsible for the consequences or result received from using these
recommendations or
advice. The Client acknowledges that the Company shall not, in the absence of fraud,
intentional failure to
carry out its responsibilities or gross negligence, be liable for any losses, costs,
expenses or damages
suffered by the Client arising from any inaccuracy or mistake in any information given to
the Client including,
but not limited to, infonnation regarding any Client transactions. Though the Company has
the right to void or
close any Deposit in the specific circumstances set out in this Agreement, any transaction
the Client carries
out following such an inaccuracy or mistake shall nonetheless remain valid and binding in
all respects both on
the side of the Company and of the Client.
3.5. The Company does not provide its service in the following countries: the USA.
4.1. The Company, partners of the Company or other affiliated parties may have material
interest, a legal
relationship or arrangement concerning a specific transaction in on the Investment service
or interests,
relationships, or arrangements that may be in conflict with the interests of the Client. By
way of example, the
Company may:
- advise and provide other services to partners or other clients of the Company who may have
interests in
investments which conflict with the Client‘s interests.
The Client consents to and grants the Company authority to deal with or for the Client in
any manner which the
Company considers appropriate, notwithstanding any conflict of interest or the existence of
any material
interest in any transaction in the Investment service, without prior notification of the
Client. The Company‘s
employees are required to comply with a policy of impartiality and to disregard any material
interests or
conflicts of interest when advising the Client.
5.1. In order to open a investment account the Client should fill out the registration form
on the Company‘s
website
5.2. The Company reserves the right at its absolute discretion to accept or reject the
Client subject to all the
data requested has been received by the Company in full.
5.3. The Company has the right to refuse the Client in opening and maintaining investment
account, if the
information stated in the registration form is not valid.
6.1. The Client may deposit funds to the Client account at any time.
6.2. The Client shall hold full responsibility for the accuracy of payments executed. If the
Company payments
details change, the Client shall hold full responsibility for any payments carried out in
accordance with the
obsolete details from the moment the new details are published in Company.
7.1. Client funds are held on Company accounts including segregated accounts opened in the Company‘s name for holding Client funds separate from the Company‘s funds.
8.1. The balance value of the Client‘s account is the amount of the Company‘s financial
commitments to the
Client at a particular time, unless additional terms are stipulated. The additional term may
be participation of
the Client in different campaigns arranged by the Company.
8.2. Withdrawal request should be executed by the Client in an electronic form specified in
the Investment
service internal interface. After creation of the request the withdrawal amount shall had
been deducted from the
balance of the account until the moment of effecting payment. Payments made under the
Client‘s requests are not
subject to refund or appeal.
8.3. In order to deposit the investment account the Client uses the Investment service
internal interface.
8.4. The Client agrees that in case of failure in the software operation, delay in deposit
of funds to the
Investment account is possible.
8.5. The Client agrees to pay all extra costs (if necessary) including taxes, customs etc.
8.6. The Company and the Payment services provider guarantee only effecting payments in
specified by the Client
amount and do not bear any responsibility for payment of the abovementioned extra costs by
the Client.
8.7. After pushing the button "Pay" and the payment confirmation the payment is deemed to be
processed and made
irrevocably.
8.8. After pushing the button "Pay" and the payment confirmation the Client agrees that:
- by placing the request for funds deposit the Client confirms the payment and accepts the
provisions of the
Agreement;
- acknowledges all the risks connected with this service and accepts them;
- will not be able to call off the payment or to request its appeal;
- reached or exceeded lawful age;
- understands and accepts that the Client‘s payment processing is implemented by the Payment
services provider.
8.9. The Company and the Payment services provider do not bear any responsibility for the
refusal connected with
non-receipt payment.
8.10. Official methods of deposit/withdrawal of funds are wallets/accounts of the Company in
all the payment
systems specified in the Investment service. All the risks connected with using payment
systems are accepted by
the Client since the payment systems are not the Company‘s partners. The company does not
bear any
responsibility for delay and/or non-arrival of funds to the account balance due to the fault
of payment systems.
If the Client is dissatisfied with a payment system work he should refer to the payment
system‘s support
service. The Client is obliged to inform the Company of such cases.
8.11. The Company does not bear responsibility for actions of third parties carrying out
intermediary activities
in the Client‘s deposit/withdrawal operations. In the Client‘s deposit operation, the
Company starts bearing
responsibility from the moment of receipt of the Client‘s funds to the Company‘s account
and/or to the Company‘s
account in the payment systems specified on the Company‘s website.
8.12. In case of revealing signs of fraudulent activities in financial transactions after
deposit of funds to
the Client‘s account balance, the Company is entitled to cancel the transaction and to
freeze the account. In
the Client‘s withdrawal operation the Company stops bearing responsibility after the moment
of withdrawing funds
from the Company‘s account and/or from the Company‘s account in the payment systems
specified on the Company‘s
website.
8.13. Withdrawal of funds from the Client account is made in accordance with the details
which have been
indicated by the Client when depositing.
8.14. If the Company‘s security service suspects the Client of fraudulent activities or
deception, the Company
is entitled to block the Client‘s account without prior notification and possibility of
further withdrawal of
funds.
8.15. If there are no financial activities in the Client‘s investment account during 3
months, the Company is
entitled to regard the Client‘s account as inactive and to transfer it to archive with
preservation of funds in
full measure or to refund the funds.
8.16. All payments are made within 48 hours on your demand.
9.1. By accepting the terms of this Agreement, the Client also agrees that he will receive
letters and mailings
from the Company to the personal e-mail specified in the Personal Account of the Investment
service.
9.2. If the Client deems the Company to violate the tenns of the Agreement, they have the
right to make a claim.
9.2.1. In order to make a claim the Client uses the contacts indicated on the website.
9.2.2. If a dispute cannot be settled in accordance with this Agreement, the final decision
on this claim is
taken by the Company according to the prevailing market practices and legal ethics.
10.1. Each of the following constitutes an instance of failure to fulfill obligations:
- Client‘s failure to fulfill any obligation due to the Company;
- Client‘s inability to pay debts when they fall due;
- If the Client dies or becomes legally incapable;
- any other circumstance where the Company reasonably believes that it is necessary or
desirable to take any
action set out in clause 10.2.
10.2. If an instance of failure to fulfill obligations occurs in relation to the Client‘s,
the Company may, at
its sole discretion, at any time and without prior written notice, take one or more of the
following steps:
- close the client‘s investment account opened with the Company;
- refuse to open new accounts for the Client.
11.1. The Client shall represent and warrant that:
11.1.1. All information provided according to this Agreement in registration form on the
Company‘s website is
trne, complete and accurate in all material respects;
11.1.2. The Client is duly authorized to enter into this Agreement, to issue instructions
and requests and to
fulfill their obligations in accordance with this Agreement;
11.1.3. All actions perfonned under this Agreement will not violate any law, ordinance,
charter, by-law or rnle
applicable to the Client or in the jurisdiction in which the Client is resident, or any
agreement by which the
Client is bound or that concerns any of the Client‘s assets;
11.1.4. The Client will indemnify the Company for all liabilities, costs, claims, demands
and expenses of any
nature which the Company suffers or incurs as a direct or indirect result of any failure by
the Client to
fulfill any of the obligations under this Agreement.
11.1.5. Clients shall not give access passwords to the Investment service to third parties
and agrees to keep
them secure and confidential. All actions related to the fulfillment of this Agreement
and/or the usage of
logins and passwords are considered executed by the Client. The Company does not bear
responsibility for the
unauthorized use of registration data by third parties.
12.1. This Agreement is governed by and shall be construed in accordance with the laws of
the country in which
the Company is registered. With respect to any proceedings, the Client irrevocably:
12.1.1. agrees that the courts of the country in which the Company is registered shall have
exclusive
jurisdiction to settle any proceedings;
12.1.2. submits to the courts of the country in which the Company is registered;
12.1.3. waives any objection which the Client may have at any time to the laying of any
proceedings brought in
any such court;
12.1.4. agrees not to claim that such proceedings have been brought in an inconvenient forum
or that such court
does not have jurisdiction over the Client.
12.2. The Client irrevocably waives to the fullest extent permitted by applicable laws of
the country in which
the Company is registered, with respect to the Client and the Client‘s revenues and assets
(regardless of their
use or intended use), all immunity ( on the grounds of sovereignty or other similar grounds)
from (a) suit, (b)
jurisdiction of any courts, ( c) relief by way of injunction, order for specific performance
or for recovery of
property, ( d) attachment of assets (whether before or after judgement) and ( e) execution
or enforcement of any
judgement to which the Client or the Client‘s revenues or assets might otherwise be entitled
in any proceedings
in the courts of any jurisdiction and irrevocably agrees to the extent permissible by the
law of the country in
which the Company is registered not claim any such immunity in any proceedings. The Client
consents to
satisfying all requirements and court orders in connection with such proceedings,
particularly, but not limited
to, those regarding any of the Client‘s assets.