Terms and Conditions
The following describes the terms, conditions and risks applicable to your use of our services available under the domain of www.Eclipse-Finance.com (the “Site”). If you have any questions regarding this Agreement please contact Customer Support. You must read, agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become a customer of Eclipse-Finance. By continuing to access or use the Site, you agree to follow the terms and conditions of this Agreement as they may apply to you. This Agreement is effective upon acceptance in registration for newly registering customers. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
2. Online Services Agreement
This Agreement is executed by and between Aronex Holdings Ltd., (the “Company”), located at The Financial Services Center, Stoney Ground, Kingstown, St. Vincent and the Grenadines and the Client, a physical or legal person, (the “Client”). Clearing and billing services are done by Herrold Capital LLP, 3rd Floor, 49 Farrington Road, London, United Kingdom and Hermes Solution D.O.O., Golubovci B.B. 81000 Podgorica, Montenegro. This Agreement applies to both the Site and trading platform, as well as to the electronic content and or software currently contained on the Site that supplies the customer with real time information about the exchange rate of some currencies, as well as with the program facilities for executing trading transactions in the foreign exchange market via the web, phone or fax, and any other features, content or services that Eclipse-Finance may add in the future (the “Services”).
2.1. Electronic Trading
Upon accepting and signing this Agreement, the Client is entitled to apply for Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions to either buy or sell any Financial Instrument available from the Company. Further, the Client will be able to trade on the Company’s Trading Platforms with and through the Company with the use of a Personal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the Client understands that the Company can, at its absolute discretion, terminate the Client’s access to the Company’s systems in order to protect both the Company’s and Clients’ interests and to ensure the systems effectiveness and efficiency.
The Client agrees that he/she will keep the Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the Trading Platforms.The Client agrees not to attempt to abuse the Trading Platforms in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency, or applying practices such as price manipulation, lag trading, time manipulation.The Client is responsible for all acts or omissions that occur within the Websites through the use of his/her registration information. If the Client believes that someone has used or is using his/her registration information, user name or password to access any Service without the Client’s authorization, the Client should notify our Customer Support immediately. The Client will make every effort possible to keep the Access Codes secret and known only to him and will be liable of any Orders received by the Company through his trading Account under his Access Codes. Further, any Orders received by the Company will be considered as received from the Client. In cases where a third party is assigned as an authorized representative to act on behalf of the Client, the Client will be responsible for all Orders given through and under the representative’s Account Password.
The Client is responsible to monitor his Account and to notify the Company immediately if it comes to his attention that his Access Codes are lost or being used by an unauthorized third party. Also, the Client agrees to immediately notify the Company should he become aware of any failure by the Client to receive a message indicating the reception and/or execution of an Order, the accurate confirmation of an execution, any information for Client’s Account balances, positions or transactions history.
The Client acknowledges that the Company may choose not to take action based on Orders transmitted to the Company using electronic means other than those Orders transmitted to the Company using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such Orders.
The Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the Client agrees to follow the access procedure (Login) of the Company that supports such protocols. The Company will not be held responsible in the event of unauthorized access from third party’s to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the Client and the Company and/or any other party using the Internet or other network or electronic mean available.
The Company shall have no liability for any potential damage the Client 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 internet service providers. The Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the Client to suspend access to electronic systems / trading platforms for this reason.
The Company has the right, unilaterally and with immediate effect, to suspend or withdraw permanently Client’s ability to use any Electronic Service, or any part thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to Client’s breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the Client when there has been a breach of security. In addition, the use of an Electronic Service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the Electronic Service; or this Agreement. The use of an Electronic Service may be terminated immediately if an Electronic Service is withdrawn by any Market or the Company is required to withdraw the facility to comply with Applicable Regulations. The Client remains fully liable for any and all positions traded on his/her account, and for any credit card transactions entered into the site for the Client’s account. The Client agrees to indemnify the Company fully in respect to all costs and losses whatsoever as may be incurred by the Company as a result, direct or indirect, of the Client’s failure to perform or settle such a transaction. The Client further agrees that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the mispricing) due to an undetected programming error, bug, defect, error or glitch in the Company’s website software or any other reason resulting in mispricing (for the purpose of this section the error), the Company reserves the right to cancel such transactions upon notifying you of the nature of the computer error that led to the mispricing. The Company may, at its sole discretion, impose volume or other limits on Customer accounts. Contract payouts shall be determined by the Company by reference to the daily values reported on this website relevant to the inter-bank trading data received by the Company for all options, subject to the proviso that the Company shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.
2.2. Orders – Instructions and Basis of Dealing
The Company may, in certain circumstances, accept instructions, by telephone via the Company’s Dealing Room, provided that the Company is satisfied, at its full discretion, of the Client’s identity and the Company is further also satisfied with the clarity of instructions. In case of an Order received by the Company in any means other than through the Trading Platform, the Order will be transmitted by the Company to the Trading Platform and processed as if it was received through the Trading Platform. It is understood that an Order will not be affected until it is actually considered received by the Company. It is noted that in this Agreement, instructions and orders have the same meaning.
In the event that the Company wishes to confirm in any manner any instructions and/or Orders and/or communications sent through the telephone, it reserves the right to do so. The Client accepts that there is a risk of misinterpretation or mistakes in the instructions or Orders sent through the telephone, regardless of what caused them, including, among others, technical failures.
Once the Client’s instructions or Orders are received by the Company, they cannot be revoked, except with the Company’s written consent which may be given at the Company’s sole and absolute discretion. The Company reserves its right not to accept Client’s Orders, in its absolute discretion, and in such a case the Company shall not be obliged to give a reason but it shall promptly notify the Client accordingly.
The Company uses its reasonable endeavors to execute any order promptly, but in accepting the Client’s orders the Company does not represent or warrant that it will be possible to execute such order or that execution will be possible according to the Client’s instructions. In case the Company encounters any material difficulty in carrying out an order on Client’s behalf, for example in case the market is closed and/or due to illiquidity in financial instruments and other market conditions, the Company shall promptly notify the Client. The Client agrees that the Company may execute an order on Client’s behalf outside a regulated market and that the Company’s order execution policy will not apply when the Client places a specific instruction.
Orders can be placed, executed, changed or removed only within the operating (trading) time and shall remain effective through the next trading session. The Client’s Order shall be valid and in accordance with the type and time of the given Order, as specified. If the time of validity of the Order is not specified, it shall be valid for an indefinite period. The Company shall record telephone conversations, without any prior warning (unless required to do so by Applicable Regulations), to ensure that the material terms of a Transaction and/or order placed by the customer and/or any other material information relating to a transaction are properly recorded. Such records will be the Company’s property and will be accepted by the customer as evidence of his orders or instructions. The Company may use recordings and/or transcripts thereof for any purpose which it deems desirable. The Company may require the Client to limit the number of open positions which the Client may have with the Company at any time and the Company may in its sole discretion close out any one or more Transactions in order to ensure that such position limits are maintained. The position limits will be notified in advance to the Client either through the Company’s website or trading platforms. If any underlying asset of the Financial Instrument becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to withdraw the specific financial instrument from the Company’s trading platform. The Company has the right to set control limits in relation to Client’s orders at its own and absolute discretion. Such limits may be amended, removed or added and may include without limitation:
(a) controls over maximum order amount and size;
(b) controls over the electronic systems and/or trading platforms to verify for example the Client’s identity during the receipt of the order; or
(c) any other limits, parameters or controls which the Company may deem required to be implemented in accordance with Applicable Regulations.
There may be restrictions on the number of Transactions that the Client can enter into on any one day and also in terms of the total value of those Transactions when using an Electronic Service. The Client acknowledges that some Markets place restrictions on the types of orders that can be directly transmitted to their electronic trading systems. These types of orders are sometimes described as synthetic orders. The transmission of synthetic orders to the Market is dependent upon the accurate and timely receipt of prices or quotes from the relevant Market or market data provider. The Client acknowledges that a Market may cancel a synthetic order when upgrading its systems, trading screens may drop the record of such an order, and the Client enters such orders at his own risk. The Client shall refer to the Company’s website for details of the restrictions / limits imposed on Transactions performed through its electronic systems and/or trading platforms.
In case where the Client has any open positions on the ex-dividend day for any of the underlying assets of the financial instrument, the Company has the right to close such positions at the last price of the previous trading day and open the equivalent volume of the underlying financial instrument at the first available price on the ex-dividend day. In this case, the Company will inform the Client via the internal mail of the said adjustment and no Client consent will be required.
Confirmations for all Transactions that have been executed in the Client’s Trading Account on a trading day will be available via Client’s online Account through the Trading Platform as soon as the transaction is executed. It is Client’s responsibility to notify the Company if any confirmations are incorrect. Confirmations shall, in the absence of manifest error, be conclusive and binding on the Client, unless the Client places his/her objection in writing within five (5) Business Days. The Client might request to receive the Account statement monthly or quarterly via email, by providing such a request to the Client support department, but the Company is not obliged to provide the Client with the paper Account statement. The Account statement is provided at the expense of the Client.
2.4. Authorization of third party to give instructions on behalf of a Client
The Client has the right to authorize a third party to give instructions and/or Orders to the Company or to handle any other matters related to this Agreement, provided that the Client has notified the Company in writing by submitting a signed Managed Account Services ("MAS") Limited Power of Attorney that such a right shall be exercised by a third party and that this person is approved by the Company and fulfills all of Company’s conditions to allow this. The Company shall act on instructions given duly by authorized third parties acting on behalf of the Client and the Client hereby indemnifies the Company from any damage or cost incurred by such third party and the Client undertakes to cover any losses or claims incurred on his/her behalf by any such third party. In case the Client has authorized a third party, it is agreed that in the event that the Client wishes to terminate the authorization, it is the Client’s full responsibility to notify the Company of such decision in writing by submitting a signed Revocation of MAS Limited Power of Attorney form. In any other case, the Company will assume that the authorization is still ongoing and will continue accepting instructions and/or Orders given by the authorized third party on behalf of the Client. It is mutually agreed that all MAS contracts have a minimum 1 (one) year term and if terminated prior to the expiration of the term all the profit accumulated by MAS will be forfeited. If there is no expiry date indicated on the form, the Limited Power of Attorney will be considered valid until the Revocation of MAS Limited Power of Attorney form will be submitted by the customer and automatically renew for the same term.
Company reserves the right to suspend or discontinue MAS trading activity if the client fails to comply the set minimum requirement for each type of MAS account which includes but not limited to: Compliance documents such as proof of billing, proof of identity, MAS LPOA, deposit authorisation form and minimum investment per account type as follows:
- Micro MAS = $15,000 investment
- Standard MAS = $25,000 investment
- Pro MAS = $50,000 investment
- Premium MAS = $100,000 investment
- VIP MAS = $250,000 investment
- VIP Investor = $1,000,000 investment
The Company will quote prices at which it is prepared to deal with the Client. Save where:
(a) The Company exercises any of its rights to close out a Transaction; or
(b) Transaction closes automatically;
It is Client’s responsibility to decide whether or not he wishes to deal at the price quoted by the Company. Company’s prices are determined by the Company in the manner set out in the enclosed terms.
Each price shall be effective and may be used in a dealing instruction prior to the earlier of its expiration time and the time, if any, at which it is otherwise withdrawn by the Company. A price may not be used in a dealing instruction after such time. Each price shall be available for use in a dealing instruction for a transaction with a principal amount not to exceed a maximum determined by the Company. The Client acknowledges that these prices and maximum amounts may differ from prices and maximum amounts provided to other customers of the Company and may be withdrawn or changed without notice. The Company may in its sole discretion and without prior notice to the Client immediately cease the provision of prices in some or all currency pairs and for some or all value dates at any time. When the Company quotes a price, market conditions may move between Company’s sending of the quote and the time the Client’s order is executed. Such movement may be in Client’s favor or against it. Prices that may be quoted and/or traded upon, from time to time, by other market makers or third parties shall not apply to trades between the Company and the Client.
2.6. Refusal to Execute Orders
The Company has the right, at any time and for any reason and without giving any notice and/or explanation, to refuse, at its discretion, to execute any Order, including without limitation in the following cases:
(a) If the Company has adequate reasons to suspect that the execution of an Order is part of an attempt to manipulate the market, trading on inside information, relates to money laundering activities or if it can potentially affect in any manner the reliability, efficiency, or smooth operation of the Trading Platform.
(b) If the Client does not have sufficient available funds deposited with the Company or in his bank account to pay the purchase price of an Order along with the respective fees and commissions necessary to carry out the transaction in the Trading Platform. In the event that the Company does refuse to execute an order, such refusal will not affect any obligation which the Client may have towards the Company or any right which the Company may have against the Client or his assets.
(c) If the order is a result of the use of inside confidential information (insider trading) It is understood that any refusal by the Company to execute any order shall not affect any obligation which the Client may have towards the Company or any right which the Company may have against the customer or his assets.
The Client declares that he shall not knowingly give any Order or instruction to the Company that might instigate the Company taking action in accordance with Paragraph 9.1 above.
3. Membership Eligibility
The Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our Services are not available to persons under the age of 18 in most jurisdictions or 21 in other or otherwise under legal age (“Minors”). If you are a Minor, you may not use this service. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR SITE. For avoidance of doubt, we shall not be responsible for any unauthorized use by Minors of our Services in any way or manner. Furthermore, our Services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via this Site and have done so without relying on any information contained in this Site. You shall bear sole responsibility for any decision made and/or to be made by you relying on the content of the Site. United States citizens are restricted on this platform from trading due to United States regulation by CFTC. Australian citizens are restricted on this platform from trading due to Australian regulation by ASIC. Canadian citizens are restricted on this platform from trading due to Canadian regulation by CSA. Without derogating from the above provision, we shall not be responsible for verifying and/or checking whether you possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you due to and/or related to the Site, transactions carried out by you and/or your use of the Services. Without limiting the foregoing, our Services are not available where they are illegal to use, and Eclipse-Finance reserves the right to refuse and/or cancel Services to anyone at its own discretion.
4. Registration Information and Requirements
When you register for the service, Eclipse-Finance will ask you to provide certain identifying information.
You are responsible for securing your User name and Password for your account with Eclipse-Finance. You hold sole responsibility for any damage caused due to any act or omission by you causing inappropriate or irregular use of your account.
You agree to provide true, accurate, current and complete information about yourself during the registration process, and you also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Eclipse-Finance for any purpose. If you are registering as or for a business entity, you hereby declare that you have the authority to bind that entity to this Agreement.
5. Legal Restrictions
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Site. For avoidance of doubt, the ability to access our Site does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
You hereby declare that the moneys invested in your account with Eclipse-Finance do not originate from drug trafficking, abduction, or any other criminal or illegal activity.
6. Limited License
Eclipse-Finance grants you a non-exclusive, non-transferable and limited personal license to access and use the Site (the “License”). The License is conditioned on your continued compliance with the terms and conditions of this Agreement. You agree not to resell or permit access of the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose to others without the prior written consent of Eclipse-Finance. For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the Site, made in breach of this section. You agree to use the information received from the information systems of Eclipse-Finance for the sole purpose of executing transactions inside and within the Site. You further agree not to use any electronic communication feature of a Service on the Site for any purpose that is unlawful, tortuous, abusive, intrusive on anther’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under this Agreement will terminate if Eclipse-Finance believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service or Eclipse-Finance establishes that you have abused in any way (including but not limited to engaging in a transaction out of market rates) the Eclipse-Finance trading platform. Such violations may also include practices of arbitrage, range trading (take two sides of a trade), abuse of cancel feature, etc. Upon such violation, you agree to cease accessing Services. You agree that Eclipse-Finance, at its sole discretion and with or without notice, may terminate your access to any or all Services, close your open transaction and remove and discard any information or content within a Service. Negation of profits and losses due to infractions of this agreement will be employed.
7. Risk Disclosure
You agree to use the Site at your own risk. Without limiting the foregoing, the Services contained within this Site are suitable only for customers who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in financial markets. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with digital options trading, and seek advice from an independent financial advisory if you have any doubts.
8. Financial Information
Eclipse-Finance may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (“Financial Information”). Financial Information provided on this Site is not intended as investment advice. Eclipse-Finance does not endorse or approve the Financial Information, and we make it available to you only as a service for your own convenience. Eclipse-Finance and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or warrant any results from your use or reliance on the Financial Information. Financial Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Eclipse-Finance nor the Third Party Providers are obligated to update any information or opinions contained in any Financial Information, and we may discontinue offering Financial Information at any time without notice. It is your duty to verify the reliability of the information on the Site and its suitability to your needs. We exclude any liability for any claim, loss or damage of any kind allegedly caused by information presented on the Site or referred to by the Site.
Eclipse-Finance may provide a link to other sites that are controlled or offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
Eclipse-Finance cautions you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet. Links to these Websites are provided solely for your convenience, and you agree that under no circumstances will you hold Eclipse-Finance liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
10. Trading Cancellation
In the event that suspected fraudulent trading activity, system arbitrage, some other form of exploitation has taken place, Eclipse-Finance in its sole discretion reserves the right to launch an investigation that can take up to 45 days, to refuse, cancel the Services, and/or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:
• any instance when Eclipse-Finance has cause to believe that a person’s activities on the site may be illegal;
• any instance where one or more transactions on the Site are judged by Eclipse-Finance to have been performed in violation of this Agreement. This may include any use of an unauthorized plug-in, application, API, hack, work around that can directly or indirectly manipulate whether intentionally or not and whether with malign intent or not the pricing available on the site. Furthermore, the company completely disqualifies trades made using any and all trading not executed via the web site directly, or via Managed Account Service (MAS) or via its own iOS iPhone or its own Android applications. Any other application used to execute a trade to Eclipse-Finance is seen as an illegal and unsolicited act of trading and such will be nullified. This includes any attempts at trading or placing a trade on Eclipse-Finance not via the web site is deemed unwanted and a breach of terms. All ill gotten gains from such practice will be nullified and will render the account null and void.
11. Withdrawal Procedure
Eclipse-Finance’s billing department handles all withdrawal requests submitted. All identification KYC and AML documents listed in Compliance Procedure (found at eclipse-finance.com/compliance_procedure) must be submitted in order to fully verify an account and process a withdrawal. This will insure that the account is compliant and up to the international standards of our KYC and AML policies, as required by law. There is no fee to withdraw via credit card so long as the account didn’t fall into our dormancy rules, however any withdrawal using bank transfer will accompany a processing fee of $25 (or 25 EUR for EURO based accounts). Once a withdrawal request is submitted it can take Eclipse-Finance up to 3 business days to process the request, unless the account was verified according to the conditions explained above (prior to opening the account in which case the withdrawal will be guaranteed to be processed same day assuming the request was provided Monday through Friday between 8am-6pm GMT). Once the request has been approved please allow an additional 5-7 days for the funds to show in your account.
Eclipse-Finance reserves the rights to charge an additional $10 + 10% for a withdrawal of any kind if the account has laid dormant for 1 month or more since being opened whereby not one trade was opened since opening and funding the account or in the event where the account has laid dormant for 3 months or more. The $10 + 10% fee will be on each and every withdrawal required by the company in order to complete the request. In the event where Clients wish to withdraw their balance without having traded on the platform will be subject to up to $10 + 25% handling fees which would be determined at the Company’s sole discretion when the account is verified in advance and if not the fee will be no less than 25% + $10. Any other withdrawal done by other means of e-wallets will carry with them a 5% fee. The minimum withdrawal is 50.00 of the base currency of the customer’s account. A maximum of 2 withdrawals can be made in any single calendar month. The cost of withdrawals once the account is verified and is not subject to the non use fee is $15 or 1.25% of the withdrawal sum (the greater of the two).
If a client would like to cancel their account and withdraw their money and no trading or less than 15 trades has been made, then either the client is required to make a minimum of 15 trades at or above 25.00 of the client’s selected currency per trade. Any single trade below the 25.00 level will not count as a trade needed prior to withdrawal or an administrative fee will be assessed to cover processing and clearing cost. The fee will be 25% of the balance or deposited amount whichever is greater. The Company may refuse to process Client's withdrawal request in an event when Client signed a special agreement with the Company which stipulates the special withdrawal conditions. It is the client’s duty to retain the services requested by Eclipse-finance.com after depositing. If the client does not wish to retain the services of Eclipse-finance.com without the start of trading the non-compliance/cancellation fee as detailed above, will apply.
12. Eclipse-Finance Bonus Policy
Eclipse-Finance offers a number of attractive reward features to its new and regular customers. Bonuses are one time trading credits rewarded to customers as part of Eclipse-Finance’s promotions program. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change. In order to withdraw your full bonus, you will be required to execute a minimum trading volume of 35 times for every 1 USD/EUR/CNY bonus. The bonus can only be withdrawn when the preceding stipulation has been fully met and fulfilled. Once a bonus is accepted and deposited into the investor’s account and trading has commenced, the bonus may not be removed, it can only be removed prior to the commencement of trading. In regards to all "profit guarantee campaigns" or all "insured money campaigns", which includes the "5 Day Managed Account Service (MAS) Trial": insured money as well as the money deposited, intended and used in the MAS program are replaced with MAS Bonus Money. MAS Bonus Money need to meet the following trading requirements in order to be withdrawn: every 1 USD/EUR/CNY of MAS Bonus Money need to be traded 35 times in order to be eligible for withdraw. However, if the same equivalent of bonus has been accepted it will not stack up and will cancel out the MAS Bonus Money turnover requirement, hence leaving the client needing to satisfy the bonus requirement for the accepted bonus solely without the need to meet the turnover requirements of the MAS Bonus Money as addition to it. Further to the above, it is agreed that as a precaution and due to the need for fraud protection, a withdrawal of funds from an account cannot be completed until the bonus and MAS Bonus Money conditions have been satisfied. Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity based on the provision of the bonus will nullify the account and any and all profits or losses garnered.
- Technology Bonus I (Apple IPAD or equivalent) – In order to qualify and receive the device a minimum deposit of USD/EUR 6,500 or equivalent of “new” funds must be made to your trading account and a minimum of USD/EUR 25,000 or equivalent in trading volume must be reached.
- Technology Bonus II (Apple iPhone or equivalent) – In order to qualify and receive the device a minimum deposit of USD/EUR 15,000 or equivalent of “new” funds must be made to your trading account and a minimum of USD/EUR 50,000 or equivalent in trading volume must be reached.
- Technology Bonus III (Apple MacBook or equivalent) – In order to qualify and receive the device a minimum deposit of USD/EUR 100,000 or equivalent of “new” funds must be made to your trading account and a minimum of USD/EUR 100,000 or equivalent in trading volume must be reached.
13. REFER A FRIEND
You will be entitled to receive the Refer a Friend Bonus (the “RF Bonus”) if:
(i) Following a referral by you of a friend to Eclipse-Finance (in accordance with the referral procedure of Eclipse-Finance) , the friend opens a user account with Eclipse-Finance, deposits at least USD 200 in his account and performs a trade via the Site; provided that the friend never had a user account with Eclipse-Finance (such a friend will be deemed a “Friend”), and (ii) Prior to the Friend opening an account with Eclipse-Finance, you had a valid user account with Eclipse-Finance, deposited USD 200 (at least) in your account with Eclipse-Finance and performed a trade via the Site. The sum of the Bonus will be USD 50 that will be deposited in the user accounts of both the Referee and the Friend. Each of the Referee and the Friend will be allowed to redeem the Bonus for withdrawal purposes only after making trades in the volume of at least 35 (thirty) times the sum of the Bonus. If you are entitled to receive the RF Bonus, the Friend will be entitled to receive an RF Bonus as well. If either you or the Friend are entitled to receive any other bonus, prize or benefit from Eclipse-Finance in connection with the activities that give rise to the entitlement to the RF Bonus, then you and the Friend will receive the higher of the RF Bonus or the other bonus, prize or benefit – to be decided at the sole discretion of Eclipse-Finance. If, at any time before you or the Friend receive the RF Bonus, your or the Friend’s account with Eclipse-Finance at the Site is closed, blocked, or self-excluded from promotional offers, neither the Friend nor you will be eligible for any RF Bonus. The sum of the RF Bonus will be USD 50 that will be deposited in the user accounts of you and the Friend. You and the Friend will receive the RF Bonus in your user accounts within two business days from the date in which you are entitled to receive the RF Bonus in accordance with these terms and conditions.
There is no limit on the number of RF Bonuses you may receive, subject to these terms and conditions.
For the avoidance of doubt, it is hereby clarified that an RF Bonus will be granted once per Friend.
Eclipse-Finance’s decision is final on all matters relating to the awarding of the RF Bonus and shall not be subject to review or appeal by you or any third party.
The provisions of article 12 of these terms and conditions apply to the RF Bonus as well.
14. Limited Liability
We undertake to supply steady Services on the Site. However, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on any of the Site or Services. To the maximum extent permitted by applicable law, under no circumstances shall we be responsible for any loss or damage resulting from use of the Site or Services, from any content posted on or through the Site or Services, or from the conduct of any users of the Site or Services, whether online or offline. IN NO EVENT SHALL Eclipse-Finance OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Eclipse-Finance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL Eclipse-Finance CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
15. AML Procedures
No person shall abuse this site for the purpose of money laundering. Eclipse-Finance employs best-practice anti-money laundering (AML) procedures. Eclipse-Finance reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, customers who do not accept or conform to the following AML requirements and policies:
• Live traders must provide all requested information upon registration.
• Winnings will only be paid to the individual who initially registered to open a live account.
• When a customer maintains an account by means of wire deposits, winnings will only be distributed to the holder of the originating bank account. When making deposits in this manner, it is the responsibility of the live trader to ensure that the trader’s account number and registered name of the account owner accompany all transfers to Eclipse-Finance.
• When a customer funds an account by means of credit/debit card deposits, winnings will only be distributed to the individual whose name appears on the card used to make the deposit and only be paid back to the same card
• Eclipse-Finance may, from time to time, at its sole discretion, require a customer to provide additional proof of identity such as notarized copy of passport or other means of identity verification as it deems required under the circumstances and may at its sole discretion suspend an account until such proof has been provided to its satisfaction
16. Intellectual Property
All content, trademarks, services marks, trade names, logos and icons are the property of Eclipse-Finance or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights in, or any right or license to use such materials or the Site, other than as set out in this Agreement. mImages displayed on the Site are either the property of Eclipse-Finance or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Eclipse-Finance.
You agree to defend and indemnify Eclipse-Finance and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or Services; (ii) your violation of any of the terms of this Agreement; or (iii) your breach of any applicable laws or regulations.
18. Term and Termination
The term of the Agreement shall be unlimited, however Eclipse-Finance will be allowed to terminate this Agreement at any time by notice to you. As of termination, you shall not be able to carry out new transactions.
This Agreement shall be governed by and interpreted in accordance with the laws of the Saint Vincent and the Grenadines excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in the Saint Vincent and the Grenadines, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. Eclipse-Finance will not be liable in any way to any persons in the event of force major, or for the act of any government or legal authority. In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Eclipse-Finance may assign this Agreement or any rights and/or obligations here under without your consent.
Eclipse-Finance may amend the terms of this Agreement from time to time by posting the amended terms on the Site. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the Site. If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our Services, and inform us in writing immediately.