Client Agreement
Caracol Ltd (a company incorporated under the laws of the Republic of the Marshall Islands, Reg. No. 1141137 with its office at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands, MH 96960, hereinafter — the Company), in accordance with the terms and conditions of this Client Agreement (hereinafter — the Agreement), provides individuals (hereinafter — the Client) with access to the stockity.id website (hereinafter — the Website) and the Stockity mobile application (hereinafter — the Mobile Application) for the purpose of the Client completing trading operations using financial instruments provided by the Company.
Unless otherwise specifically stated in this Agreement, all services provided by the Company through the Website are also provided through the Mobile Application.
1. General Provisions
1.1. The Client accepts this Agreement by registering and creating an Account on the Website. Acceptance of the Agreement means the Client’s full and unconditional agreement to its terms and conditions.
1.2. The place of provision of services is the Republic of the Marshall Islands.
1.3. Privacy Policy published on the Website are an integral part of this Agreement.
2. Terminology
2.1. Account is the Client’s account on the Website, required for authentication and providing access to their Personal Account.
2.2. Assets are stock indices, stocks, commodities and currency pairs available for trading using financial instruments provided by the Company.
2.3. Account Balance is the total amount of funds in the Client’s Account, excluding Open Trades. The Account Balance amount is the amount of the Company’s financial obligations to the Client at a certain point in time unless otherwise specified.
2.4 Risk-Free Trade is a Trade completed by the Client at the expense of the Company. The Client has the right unilaterally and without limitation to waive the profit received as a result of such a Trade. Risk-Free Trade is not a financial obligation of the Company to the Client.
2.5. Bonus, Bonus Funds are funds credited by the Company to the Client’s Account to increase their trading potential. Bonuses are not a financial obligation of the Company to the Client.
2.6. Withdrawal of Funds is the debiting of monetary funds from the Account and their transfer to the Client’s account.
2.7. Demo Account is a virtual account for the Client on the Trading Platform, reflecting in real time the results of Trading Operations on the account. The currency of the Demo Account always corresponds to the currency of the Client’s Real Account. The funds of the Demo Account are not a financial obligation of the Company to the Client.
2.8. Deposit is the monetary funds deposited by the Client in his/her Account.
2.9. Closed Trade is a Trade where the Expiry has been reached, or a Trade closed at the Client’s order.
2.10. Quote is the digital cost value of an Asset at a certain point in time.
2.11. Client’s Personal Account is a section of the Website with limited access where the Client, who has completed the authorization procedure by entering his login and password, can use the Company’s services.
2.12. Log File is a file containing system information about the Company’s Server operation and information about the Client’s actions on the Website.
2.13. Multiplier is the ratio of the Trade Volume to the Client’s investment amount in one Trade, set by the Client when opening a Trade in the CFD trading mechanism. The multiplier cannot exceed 10.
2.14. Non-trading Operations are operations involving Deposits to the Account or Withdrawals of Funds from the Client’s Account, as well as other operations that are not considered as Trading.
2.15. Trading Volume is the product of the Client’s investment in one Trade and the Multiplier set by the Client.
2.16. Open Trade is a Trade before Expiry or a Trade before closing at the Client’s order.
2.17. Payment System Provider is a company that provides online services for making electronic payments.
2.18. Client’s Real Account (Client’s Account, Account) is a special Account of the Client on the Trading Platform reflecting the results of the Client’s Non-trading Operations, Opened and Closed Trades, as well as other real-time changes in the Company’s financial obligations to the Client. Possible Account Currencies : US dollars, euro.
2.19. Trade is the opposite of the Trading Operation with the same identification number .
2.20. Company’s Server is a complex of software and hardware that provides the Client with a real-time flow of Quotes and processes the Client’s Trading Orders.
2.21. Trading Activity is the Client’s Actions including Deposits into the Client’s Account, Withdrawals of Funds, closing Trading Operations, registration for paid tournaments, replenishment of the Client’s tournament account (rebuys), and activation of Bonuses or prizes.
2.22. Trading Operation is an over-the-counter operation with Assets that is settled between the Company and the Client in a non-stop mode.
2.23. Trading Platform is a computer system accessed through the Client’s Personal Account and used to display the Quotation stream sent from the Company’s Server, to place the Client’s Trading Orders, to reflect the results of their execution, and to perform other actions related to the execution of Trading Operations.
2.24. Trading Order is an order of the Client to complete a Trading Operation on the conditions specified in the order.
2.25. Trading Mechanism is a financial instrument derived from the Assets provided by the Company on the Trading Platform, the use of which does not result in the actual acquisition of the Assets.
2.26. Trading Turnover is the sum of all Client investments in Trades made by the Client since the last Deposit was made to the Account.
2.27. Tournaments are time-limited competitions within the Trading Platform with a cash prize fund.
2.28. Expiration is the time of execution of the Trade after reaching the closing time.
3. Trading Mechanisms
The following Trading Mechanisms are available to the Client:
3.1. Fixed Time Trades (FTT)
3.1.1. When opening a Trade, the Client selects the Asset, the amount of the Client’s investment in the Trade, the direction of the chart movement, and the time of the Trade closing.
3.1.2. The Trade is closed after reaching the selected closing time.
3.1.3. If at the time of closing the Trade, the current Quote of the selected Asset is higher than the Quote at the time of opening the Trade, the Trade is considered profitable if the selected direction of the chart movement is "up." If at the time of closing the Trade, the current Quote of the selected Asset is lower than the Quote at the time of opening the Trade, the Trade is considered profitable if the selected direction of the chart movement is "down."
3.1.4. The profitability of a Trade is fixed and depends on the amount of the Client’s investment selected in the Trade, the Asset, and the time of execution of the Trade. The yield on a Trade is defined as the percentage of profitability multiplied by the amount of the Client’s investment in the Trade.
3.2. CFD
3.2.1. The CFD mechanism is available only on the Demo Account.
3.2.2. When opening a Trade, the Client selects the Asset, the amount of the Client’s investment in the Trade, the Multiplier, and the direction of the chart movement.
3.2.3. Trading period: Monday from 07:00 UTC to Friday from 21:00 UTC. Outside the specified period, the execution of Trading Operations, including opening new Trades and closing current ones, is not available using the CFD mechanism. If a holiday (non-working day) falls during the specified period on the Asset exchange, Trading Operations with that Asset are not performed on the Trading Platform.
3.2.4. The result on one Trade is calculated using the following formula: The amount of the Client’s investment in the Trade x Multiplier x (Closing quote / Opening quote - 1).
3.2.5. When opening a Trade, a commission of 0.02% of the Trade Volume is taken from the Client’s Demo Account. When calculating the commission amount, the commission is always rounded to the nearest ten in the Demo Account currency.
3.2.6. When using the CFD mechanism, the Client can open no more than 15 (Fifteen) Trades simultaneously.
3.2.7. Trades are closed by the Client’s order or automatically.
Trades are closed automatically:
— if the negative financial result for the Trade before closing reaches 95% of the amount of the Client’s investment in the Trade (technical Stop Loss);
— after 15 (Fifteen) days from the time of opening the Trade.
3.2.8. If the automatic closing of a Trade (clause 3.2.7) falls at the time of execution of the Trading Operation in the CFD mechanism for the Trading Asset is not implemented on the Trading Platform, the Trade is closed as soon as the Quote of the Trading Asset is received on the Trading Platform during the next trading period.
3.2.9. If at the time of closing the Trade the current Quote of the selected Asset is higher than the Quote at the time of opening the Trade, the Trade is considered profitable if the direction of the selected Trade is "up." If at the time of closing the Trade the current Quote of the selected Asset is lower than the Quote at the time of opening the Trade, the Trade is considered profitable if the direction of the selected Trade is "down."
3.2.10. Loss on Trading when using the CFD mechanism cannot exceed 100% of the amount of the Client’s investment in Trading.
4. Client Registration and Verification
4.1. The registration procedure is mandatory for the Client.
4.2. To register on the Website, the Client must perform the following actions:
- enter an email address and create a password;
- select the Account currency;
- accept the terms and conditions of this Agreement.
4.3. By accepting the terms and conditions of this Agreement, the Client guarantees the following:
- that he is a legal adult;
- that he has read the terms of this Agreement and agrees to them.
4.4. In order to ensure the legality and security of the provision of services, the Company carries out the procedure for verifying the identity of the Client and the information provided by the Client (verification). In this case, the Company has the right to ask the Client to provide photographs:
- the spread (page) of the Client’s passport with his/her photo and personal data; or
- the front and back of the Client’s identity card; or
- the Client’s driver’s license.
The Company has the right to request proof of the Client’s latest utility bill, a bank statement indicating the opening of an account, a scanned copy of a bank card, or other documents if the documents provided previously do not allow the Client to be fully identified and/or confirm the information provided.
4.5. Verification is carried out within 20 (twenty) working days from the date the Client provides the complete documents requested by the Company. In some cases, the Company has the right to extend this period to 7 (Seven) calendar days.
4.6. If the Client without good reason refuses to provide the documents and/or information requested for verification, the Company has the right to suspend the servicing of their Account and Real Account with subsequent blocking. The Company can return the funds deposited by the Client in question only using the payment details provided during registration or can withhold such funds until the Client completes the verification.
4.7. In order to confirm the Client’s identity and verify the documents provided by the Client, the Company has the right to request a video conference with the Client. The Client will be notified of the time of the video conference at least 24 (twenty four) hours in advance.
4.8. By registering on the Website, the Client agrees to receive emails from the Company, including advertising messages, as well as phone calls, and SMS texts. If the Client does not wish to receive information from the Company, he/she can cancel his/her subscription at any time by clicking on the "Unsubscribe" link in any email from the Company, by disabling the corresponding option in his/her Personal Account, or by contacting the Company’s Support Service. The Client may unsubscribe from calls and text messages from the Company at any time by contacting the Company’s Support Service. The Company undertakes to promptly respond to the Client’s request to unsubscribe from all types of emails (except for transaction-related notifications), as well as not to receive calls or SMS.
4.9. The Client has the right to register only 1 (One) Account on the Website. If the Company finds several Accounts belonging to the same Client or group of persons, if such persons have the opportunity to log in from the same IP address and/or access the Website from the same device, or to top up the account using the same credit card and/or e-wallet, or with authorization from the same IP address or upon detection of other signs of ownership of several Accounts, Trading and financial results of Trading on all such Accounts may be canceled, and such Accounts may be blocked. In this case, the funds stored in such Accounts shall not be considered as the Company’s financial obligations to the Client. The Company may request the Client to identify the main Account that the Client wishes to retain. In this case, the funds Deposits that the Client has added to other Accounts shall be returned using the payment details provided when registering such Accounts without (any compensation for) any profits and/or losses.
4.10. In case of no Trading Activity on the Client’s Account for 90 (Ninety) consecutive days, the Client is charged a monthly subscription fee for servicing his/her Account in the amount of $30/€30 or an amount equivalent to $30 (depending on the Account currency), but not more than the amount of the Account Balance or funds withdrawn from the Client’s Account in the manner specified in clause 4.11 of this Agreement. The subscription fee is cancelled if Trading Activity is resumed on the Client’s Account.
4.11. In case of no Trading Activity on the Client’s Account for 6 (Six) consecutive months, the Company has the right to debit the funds from the Client’s Account in full.
4.12. To return funds to the Account, the Client must contact the Company’s Client Support Service using the contact details provided in section 12 of this Agreement.
5. Procedure for Performing Non-trading Operations
5.1. The official methods of Account crediting and Funds Withdrawal are the methods indicated on the Company’s Website. The Client assumes all risks associated with the use of payment systems, as well as payment of commissions from payment systems and/or Payment system Providers for making payments and/or currency conversions.
Based on the Client’s country, the Client’s country of residence, payment method, and/or type of operation, the Company reserves the right to charge a deposit and/or withdrawal fee. The fee rates are stated below.
Operation type |
Payment method |
Country |
Fee rates |
Terms |
Withdrawal |
All methods |
India, Vietnam |
10% |
For all withdrawal requests above the limit of 1 within 24 hours hours |
Withdrawals |
All methods |
Ukraine |
2% |
For all withdrawal requests above the limit of 1 within 24 hours |
Withdrawals |
All methods |
Indonesia |
5% |
For all withdrawal requests above the limit of 1 within 24 hours |
The Company is not responsible for any delay or failure to make payments from the Account or to the Client’s Account due to errors in the payment system and/or the payment system Provider. In case of any claims regarding the operation of any payment system and/or payment system Provider on the part of the Client, the Client must contact the support service of the payment system and/or the Provider. The Client is obliged to notify the Company in case of such complaints.
5.2. To top up the Account balance, the Client uses the internal interface of the Website. The minimum Deposit amount is $10/€10 or the equivalent of $10 (depending on the Account currency). At the discretion of the Company, the minimum deposit amount may be reduced in certain countries. The fixed minimum Deposit amount is displayed in the Cashier section of the Client’s Personal Account on the Website when topping up the balance in the Client’s Account. In addition, the minimum Deposit amount may be reduced as part of promotions or other activities held by the Company.
5.3. Topping up the Account balance using third-party payment details is prohibited.
5.4. If any signs of fraud are detected in conducting financial transactions after topping up the funds to the Client’s Account, the Company has the right to cancel such transactions and block the Client’s Account.
5.5. To Withdraw Funds from the Account, the Client makes a corresponding request using the internal interface of the Website. The minimum withdrawal amount is $10/€10 or equivalent to $10 (depending on the Account currency). At the Company’s discretion, the minimum Withdrawal amount may be reduced in certain countries.
5.6. After making a request, the amount of funds to be withdrawn is not debited from the Client’s Account until the exact time the payment is made. Payments made at the Client’s request are non-refundable.
5.7. The Client is fully responsible for the accuracy and reliability of the data entered in the Withdrawal request.
5.8. The Client’s request for Withdrawal of funds is processed by the Company within 3 (Three) business days following the day the request is submitted. The time of receipt of funds by the Client depends on the speed of transaction processing by the payment system and/or the Payment system Provider. The following limits apply to Withdrawals: no more than $3,000/€3,000, or an amount equivalent to $3,000 (depending on the Account currency), per day; no more than $10,000/€10,000, or an amount equivalent to $10,000 (depending on the Account currency), before the end of the current week; no more than $40,000/€40,000, or an amount equivalent to $40,000 (depending on the Account currency), before the end of the current month. These limits may be reduced in connection with certain features of individual withdrawal methods. The Client may learn the exact limits for Withdrawals for each Withdrawal method from the Company’s Client Support Service using the contact information specified in section 12 of this Agreement.
5.9. After giving prior notice, the Client’s request for Withdrawal of Funds may be suspended by the Company’s security service without execution for up to 10 (Ten) business days.
5.10. Withdrawal from the Client’s Account is carried out in the same way and using the same account that was used by the Client when replenishing the Account. If for technical reasons this is not possible, the Client has the right to use another method and/or another account for Withdrawal of Funds. In this case, the Client’s data for that account must be exactly the same as the data that the Client specified during verification. The Company has the right to request evidence from the Client to confirm the impossibility of Withdrawal of Funds using the method and account that was used to replenish the Account.
5.11. In order to comply with international laws on combating money laundering (AML), when Withdrawing Funds from the Account, the Company has the right to request from the Client confirmation that the account from which the Withdrawal is made belongs to the Client, as well as notarized and, if necessary, notarized/legalized copies of documents proving the Client’s identity, residence and place of registration. In case of the Client’s unjustified refusal to provide these documents, the Company has the right to refuse the Withdrawal of Funds. The Client must provide such confirmation and/or Copies of documents within Fourteen (14) calendar days from the Company’s request. The Company reviews the submitted documents and information within Thirty (30) calendar days. If the Client refuses without acceptable reasons to provide these documents, the Company has the right to refuse the Withdrawal of Funds.
5.12. If the Client clearly intends to use his Account for inter-payment system exchange transactions, the Company has the right to refuse the Client’s request to Withdraw Funds from his Account.
5.13. If the Client makes a deposit into the Client’s Account and then decides to withdraw it in full or in part, while their Trading Turnover has not exceeded twice the amount of the Deposit, the Withdrawal fee is 10% (Ten percent) of the Account Balance or the Client’s last Deposit, whichever is greater.
5.14. The Company shall not be liable for the actions of third parties involved in intermediary activities when the Client performs operations to fund or withdraw funds from the Client’s Account.
5.15. When the Client performs operations to fund his/her Account, the Company’s financial responsibility begins when the Client’s funds are received in the Company’s bank account and/or in the Company’s account in the payment system listed on the Website.
5.16. When the Client performs an operation for Withdrawal of Funds, the Company’s financial responsibility ends when funds are withdrawn from the Company’s bank account and/or from the Company’s account in the payment system listed on the Website.
5.17. In case of a technical error on the part of the Company when completing a financial transaction, the Company has the right to cancel such transaction, as well as the results of the services provided by the Company based on such transaction. Funds withdrawn as a result from the Client’s Account will be returned by the Company to the Client’s Account when and if an internal investigation reveals a technical error and the Company has access to such funds.
5.18. The Company has the right to impose a Withdrawal limit equal to the amount of the Client’s Deposits for the last 30 (thirty) days.
5.19. If the Company’s Security Service suspects the Client of fraud or cheating, the Company has the right to block the Client’s Account without prior notice and without the possibility of replenishing the Account balance and Withdrawing Funds for a period of up to 10 (Ten) business days. After the results of the investigation by the Company’s Security Service, the Company has the right to permanently block the Client’s Account and deduct the amount of actual losses caused by the Client’s actions to the Company, as well as the profits received by the Client as a result of such fraud or cheating, from the Client’s Account.
5.20. Refund Policy
5.20.1. All refunds will be made through Non-trading Operations as described in Section 5 of this Agreement.
5.20.2. If the Client deposited funds to his/her Account using a bank card, the Client may also request a refund through support@stockity.id. Such a refund cannot be made unless and until all of the following conditions are met;
1) there are sufficient funds in the Client’s Account for a refund;
2) there are no active Bonuses on the Client’s Account;
5.20.3. In addition, the Company reserves the right to refund the payment without notifying the Client if, in the Company’s opinion, the operation contains signs of fraud.
6. Quotes
6.1. The Client understands that when using the Company’s services, the only reliable source of information about the Quotes flow is the Company’s Server. Quotes displayed on the Trading Platform cannot serve as a reliable source of information about the Quotes flow, since in the event of an unstable connection between the Trading Platform and the Server, some Quotes from the flow may not reach the Trading Platform.
6.2. The charts displayed on the Trading Platform are indicative. The Company does not guarantee that a Trading Operation will be completed in accordance with the Quotes displayed on the charts on the Trading Platform at the time the Client sends a Trading Order.
6.3. Asset Quotes on the Trading Platform are determined by the formula: (buy + sell)/2.
6.4. If the Client’s Trading Order is executed at a non-market Quote, the Company corrects the financial result of the Trade in accordance with the market Quote at the time of the Trading Order execution or cancels the result of the Trade.
7. Procedure for Performing Trading Operations
7.1. The processing of the Client’s Trading Orders takes place in the following order:
7.1.1. The Client submits a Trading Order, which is then verified for correctness on the Trading Platform.
7.1.2. From the Trading Platform, the Client’s Trading Order is sent to the Server, where it is retested.
7.1.3. After retesting, the Trading Order is processed on the Server, and the processing result is sent to the Trading Platform.
7.2. The Client’s Trading Order processing time depends on the quality of communication between the Trading Platform and the Server, as well as on market conditions. Under normal market conditions, the Client’s Trading Order processing time is usually 0-4 seconds. Under abnormal market conditions, the Client’s Trading Order processing time may be longer.
7.3. Opening a Trade
7.3.1. The minimum amount of the Client’s investment in one Trade on the Trading Platform is $1/€1 or an amount equivalent to $1 (depending on the Account currency); the maximum amount is $1,000/€1,000 or an amount equivalent to $1,000 (depending on the Account currency).
7.3.2. The Client’s Trading Order to open a Trade will be rejected for the following reasons:
- The Client sends a Trading Order before the first Quote of the Trading Asset is received on the Trading Platform at market opening; and/or
- there are insufficient funds available on the Client’s Account to open a new Trade.
7.3.3. The Client’s Trading Order to open a Trade may also be rejected by the Server in abnormal market conditions.
7.3.4. The Client’s Trading Order to open a Trade is considered executed, and the Trade is open, after the corresponding record appears in the Log File. Each Trade on the Server is assigned a unique identification number.
7.4. Closing a Trade
7.4.1. Closing a Trade occurs at the current Trading Quote existing on the Server at the time of closing the Trade.
7.4.2. The Client’s Trading Order to close a Trade is considered executed, and the Trade is closed, after the corresponding record appears in the Log File.
7.5. The Company has the right to limit the maximum number of Trades opened by the Client within one minute, hour or calendar day.
7.6. The Company has the right to change the profitability percentage, the size of the minimum and maximum amount of the Client’s investment in one Trade, as well as the Expiration period for one, several, or all Assets.
7.7. Malfunctions and/or failures in the operation of the Company’s computer equipment and/or software, unstable internet connection, interruptions in the transmission of information flows, interruptions in power supply, disruptions in the operation of exchanges, hacker attacks, as well as any illegal actions in relation to the Company’s equipment and/or Server, force majeure circumstances, and suspension of trading on financial markets, affecting the Assets available on the Website are direct grounds for the cancellation of Trades made under such circumstances.
8. Bonuses and prizes, and participation in tournaments and promotions
8.1. The Bonus is credited to the Client’s Account in accordance with the bonus program or promotion conducted by the Company.
8.2. The Bonus amount depends on the conditions of the promotion or program for which it is credited (No Deposit Bonus), and/or the size of the Client’s Deposit (Deposit Bonus).
8.3. The Bonus credited to the Account is not a financial obligation of the Company to the Client.
8.4. After the Bonus is activated, the funds in the Client’s Account become available for Withdrawal only after the Client completes the Mandatory Trading Turnover.
Mandatory trading turnover is the Bonus amount multiplied by the leverage factor. If the Bonus leverage factor is not specified, the leverage factor will be considered equal to 40 for no-deposit Bonuses and for deposit Bonuses that are 50% or more of the Deposit amount made when using the Bonus, and 35 for deposit Bonuses that are less than 50% of the Deposit amount made when using the Bonus. The amount of the Client’s investment in a Trade taken into account in the Mandatory Trading Turnover is directly proportional to the profitability of the Asset from that Trade.
8.5. Trades in the FTT Trading Mechanism with zero results are not included in the Mandatory Trading Turnover.
8.6. Within the framework of a single promotion, the Client is entitled to receive Bonus funds only once, unless otherwise specified in the promotion conditions.
8.7. Profit received by the Client for a Trade using the Bonus may have restrictions on the Withdrawal amount.
8.8. The No Deposit Bonus must be activated in the Client’s Personal Account within 3 (Three) days since it was credited.
8.9. After the Bonus is activated, the Client has the right to cancel it by contacting the Company’s Client Support Service using the contacts listed in section 12 of this Agreement. Refusing or canceling the Bonus is possible only if the Client has not completed any Trading Operations since the Bonus was credited.
8.10. After the end of the promotion, the Bonus credited under it can be withdrawn from the Client’s Account.
8.11. The Client can have only one active Bonus on his/her Account. If the Client already has one active Bonus on his/her Account, he/she cannot activate another one until the Mandatory Trading Turnover for that active bonus has been reached.
8.12. If the Client’s Account Balance falls below the minimum amount of the Client’s investment allowed in a Trade, the Bonus is zeroed.
8.13. Participation in Tournaments. The Client uses a special tournament account to participate in Tournaments. Trades in Tournaments are made in virtual currency (₮). All participants have the same initial tournament balance at the beginning of the Tournament. The main goal of the participants is to have the highest tournament balance at the end of the Tournament. The prize fund is distributed among the winners who won the prize rankings. Detailed conditions for participation in Tournaments can be found on the corresponding page for the Tournament on the Company’s Website.
8.14. The Client has the right to participate in all available tournaments and promotions held by the Company. The Client must independently familiarize himself with the terms of the Tournaments and promotions posted on the Company’s Website.
8.15. Monetary funds received by the Client from the Company as a reward for participation in tournaments are credited to the real Account after the prize is activated in the Client’s Personal Account, unless otherwise specified in the tournament terms.
8.16. If the Company’s Security Service suspects that the Client is committing fraudulent actions in order to win a Tournament or promotion, the Company has the right to review or cancel the Client’s results in such Tournament or promotion, and also to prohibit the Client from participating in subsequent Tournaments and/or promotions. In case of confirmed fraud, the Client’s results in the Tournament or promotion are canceled.
8.17. As part of a special promotion or program, the Company may provide the Client with additional prizes . The type and amount of such prizes depend on the terms of the promotion or program.
9. Client’s Risks
9.1. The Client fully understands the following:
- the implementation of Trading Operations with financial instruments is accompanied by significant risks. Before using the Company’s services, the Client needs to analyze his financial capabilities;
- Trading Operations they perform through the Trading Platform are not Trading conducted on an official exchange. Such Trading is over-the-counter, therefore carries greater risks for the Client than transactions on an official exchange;
- any information and/or recommendations they receive on the Website from representatives or partners of the Company are not considered as a direct offer to perform Trading Operations or financial transactions;
- Such Trading Operations or financial transactions may result in financial losses due to malfunctions in the operation of computer equipment, software, unstable internet connection, power outages, or other technical factors;
- under abnormal conditions, the processing time of Trading Orders may be longer, which may cause the Client to incur losses. In addition, sharp fluctuations in Quotes may result in losses for the Client when Trading is executed at a Quoted Price that differs from the Quoted Price displayed on the Trading Platform.
9.2. In some countries, the use of the Company’s services may be restricted or prohibited by law. The Client bears all risks associated with the analysis of the legislation of his country, or the country of his residence, for such restrictions or prohibitions, and is responsible for using the Company’s services in countries where they are restricted or prohibited.
9.3. The Client understands that the Company does not guarantee the receipt of any profit or the absence of losses by the Client during the Client’s use of the services.
10. Guarantees and obligations. Force majeure
10.1. The Company is not a credit institution, does not carry out banking activities, does not attract monetary funds from individuals for investment purposes at interest for a certain period of time, and does not open or maintain bank accounts.
10.2. The Company does not provide its services in the following territories or to citizens and/or residents of the following countries (territories): North Korea, Canada, the United States of America, Australia, Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Germany, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Norway, Iceland, Liechtenstein, Sweden, the United Kingdom, Andorra, Vatican City, Monaco, Marshall Islands, San Marino, Cyprus, Switzerland, Israel, Syria, Singapore, Hong Kong, New Zealand, Iran, Saint Vincent and the Grenadines, Moldova, Japan, Russia, Belarus, Afghanistan, Iraq, Libya, Palestine, South Sudan, Albania, Haiti, Jamaica, Mali, Myanmar, Nicaragua, Senegal, Zimbabwe, Cuba, the United Arab Emirates, in cases where it is contrary to the current legislation of these countries and/or the Company’s internal policies.
10.3. The Client guarantees the following when using the Company’s services:
- The Client concludes Trades exclusively on behalf of the Client and in the interests of the Client;
- The Client is not a citizen and/or resident of a country in which the Company does not provide its services.
10.4. The Client is responsible for the authenticity and validity of the documents presented by him during verification. If during the verification process the Client provides inaccurate information, falsified or invalid documents, the Company has the right to refuse to service the Client’s Account, without granting the right to withdraw profit, as well as to withhold the Client’s monetary funds in the amount of actual losses caused to the Company by his actions. The Company has the right to refuse to re-register the Client.
10.5. Within the framework of compliance with international AML legislation, when registering on the Trading Platform, the Client ensures that the monetary funds deposited into his/her Account are not obtained illegally and are not the result of drug trafficking, kidnapping or other criminal or illegal activities. The Client undertakes not to use the Website for the purpose of legalizing proceeds of crime or for other illegal activities. The Company has the right to refuse to allow the Client to use his/her Account, block, cancel or close the Client’s Account, and withhold funds in the Client’s Account if the Client does not comply or does not comply with the requirements and principles of the AML Law. If the Company suspects that the Client is conducting illegal or unlawful activities through his/her Account, the Company has the right to disclose all information relating to the Client to the competent authorities, as well as block and/or close the Client’s Account and/or withhold funds in the Client’s Account. If the origin of the Client’s funds available in the Account is proven to be legitimate, the Company will return the withheld funds unless there is a government action that prohibits such a return.
10.6. The Client undertakes to provide documents and perform other necessary actions (at the Company’s discretion) aimed at compliance with international AML legislation.
10.7. The Client fully understands that any actions taken by him/her and/or third parties with the Client’s participation that may disrupt the stability of the Website, equipment, services, software and hardware, or the Company’s operations in general, will result in an immediate refusal by the Company to service the Client’s Account, without granting the right to withdraw the profit earned, as well as withholding the Client’s monetary funds in accordance with the actual losses caused to the Company by the Client’s actions. The Company reserves the right to refuse re-registration of the Client.
10.8. The Client is personally responsible for the login and password used to access his/her Account on the Website. The Client is obliged to prevent any third parties from accessing his/her Account on the Website. In case of unauthorized access to the login and password and/or the Client’s Account, the Client is obliged to immediately notify the Company. The Client’s risks and losses related to the process of restoring access to his/her Account do not create any additional obligations for the Company, other than providing new data for the Client’s access to his/her Account after the Client has completed additional procedures to identify the Client as the Account holder. The Company is not obliged to compensate for losses or pay profits to the Client resulting from unauthorized access to the Client’s Account.
10.9. The Company shall not be liable for the Client’s actions or inactions while using its services, or for the Client’s losses resulting from the Client’s closing of Trades using the Trading Platform.
10.10. The Company shall not be liable for any failure to fulfill its obligations, including the Client’s losses arising as a result of hacker attacks, malfunctions of computer equipment (both for the Client and the Company), or data transmission through communication channels that occurred through no fault of the Company.
10.11. The Company shall not be liable for the Client’s losses arising from force majeure circumstances. Force majeure circumstances include but are not limited to the following: natural disasters, man-made disasters, military action, terrorist acts, insurrections, civil unrest, strikes, riots, imposition of government restrictions affecting the fulfillment of this Agreement, the imposition of (or changes to) market and/or currency rules, and suspension of trading on exchanges.
10.12. If during the Trading Operations on the Website, the Client makes a profit using artificial intelligence, special software, so-called "bots," or vulnerabilities in the stock exchange software or the Company’s Server, such profit is not the Company’s financial responsibility and is not paid to the Client.
10.13. If the Client violates the terms of this Agreement, the Company has the right to terminate this Agreement unilaterally without prior notice to the Client. In this case, the balance of the Client’s Account can be transferred using the payment details provided at registration, and the Company will deduct from the Client’s Account the amount of i) actual losses incurred by the Company through the Client’s actions, and ii) profit generated by the Client through violation of this Agreement. The Company has the right to refuse re-registration of such Client.
11. Complaints and dispute resolution
11.1. In case of any dispute, the Client must first of all contact the Company’s Client Support Service using the contacts specified in section 12 of this Agreement. If the Client considers the answer given by the Support Service to be unsatisfactory or the Support Service does not have the authority to resolve the question submitted by the Client, the Client has the right to contact the Support Service with a request to forward the question to the Company’s Dispute Resolution Department or to send a complaint by email to complaints@stockity.id.
11.2. When filing a complaint, the Client must include the following information:
- the Client’s first and last name;
- the Client’s email address;
- when (date) and what operations were involved when the dispute arose or was detected;
- a detailed description of the situation;
- attached files confirming the dispute (if any).
In order for the dispute to be resolved as soon as possible, the Client must provide all of the above information in full.
11.3. In case of non-compliance with the complaint requirements set out in clauses 11.1 and 11.2 of this Agreement, and/or if the following conditions are present,
- in the complaint, the Client makes provocative statements, unfounded accusations or threats "degrading" the Company’s business image;
- received messages containing threats, insults or obscene language directed at the Company and/or its employees;
consideration of the Client’s complaint may be refused.
The Company recognizes such actions as unacceptable and reserves the right to appeal against such actions to the competent authorities.
11.4. When considering the Client’s complaint, the Company is always guided by its interests and is obliged to provide an initial response within 2 (two) business days from the day the complaint is received, which contains the following information:
- confirmation of receipt of the complaint by the Dispute Resolution Department;
- preliminary results of the audit or information that may be relevant to the subject of the complaint;
- deadline for making a decision on the complaint.
11.5. Within 10 (Ten) business days from the day following the date of the complaint, the Company provides the Client with an answer about the measures taken to resolve the dispute, as well as recommendations for further actions by the Client. If the Company needs to obtain additional information to resolve the dispute, the Company has the right to extend the time for considering the complaint, but not more than 10 (ten) business days, and is obliged to notify the Client.
11.6. Complaints about the recovery of lost profits and/or compensation for moral damage by the Company are not accepted for consideration.
11.7. The dispute is considered resolved if within 5 (Five) business days from the date the response was sent to the Client, the answer was not appealed by the Client.
12. Contacts
12.1. To contact the Company, the Client can use the following methods:
- to the email address: support@stockity.id;
- via online chat on the Website.
12.2. The Client’s contacts are the Client’s email address, specified when registering on the Website, as well as the telephone number specified in the Client’s Personal Account on the Company’s Website if the Client wishes to specify it.
12.3. The Company is not responsible for incorrect indication by the Client of his/her contact information on the Website.
13. Taxes
The Company is not a tax agent and does not provide data on the Client’s operations to third parties. Such information can only be provided if an official request is made by the competent national authority.
14. Validity, amendment and termination of this Agreement
14.1. This Agreement becomes legally binding at the time the Client registers the Website.
14.2. The obligations and rights of the Client and the Company determined under this Agreement are considered long-term and valid until the termination of the Agreement.
14.3. The Company has the right to make changes to this Agreement at any time. If changes are made to the Agreement, they will come into force from the time the amended text of the Agreement is posted on the Website, unless a different time period is specified for the validity of the changes. The Client is obliged to independently familiarize himself with the latest version of the Agreement posted on the Website.
14.4. If the Client does not agree with the amended version of the Agreement, the Client must stop using the Company’s services and block his/her Account via the Personal Account interface on the Website or by contacting the Company’s Client Support Service using the contacts specified in section 12 of this Agreement, after first making a Withdrawal of Funds from the account.
14.5. This Agreement may be terminated as follows:
- on the initiative of one of the Parties;
- in case of death of the Client or recognition of the Client’s legal incapacity;
- in case of liquidation of the Company.
14.6. Regardless of the reason for termination of the Agreement, the Company undertakes to fulfill its obligations to the Client in the manner specified in this Agreement.
14.7. The Client has the right to terminate this Agreement at any time, regardless of the reason.
14.8. To terminate this Agreement unilaterally, the Client must block the Account via the Personal Account interface on the Website or by contacting the Company’s Client Support Service using the contacts listed in section 12 of this Agreement, after first withdrawing Funds from his/her Account. If the Client fails to withdraw their funds independently, the Company may transfer the Account balance using the payment details provided by the Client at the time of registration.
14.9. If at the request of the Client, the Company unblocks the Client’s Account, this Agreement shall be reinstated in accordance with the version in force at the time of unblocking.
14.10. The Company has the right to terminate this Agreement unilaterally without giving any reason.
14.11. In the event of termination of its activities, the Company is obliged to notify the Client about this no later than 1 (one) calendar month before the termination of its activities.
14.12. In the event of termination of its activities, the Company is obliged to pay the funds to the Client that were in the Client’s Account at the time of termination of the Company’s activities, in full.
15. Final Provisions
15.1. Under this Agreement, the Client is not entitled to fully or partially transfer its rights and obligations to third parties.
15.2. In the event of any discrepancy between the text of this Agreement in English and the text in another language, the English version of the Agreement shall prevail.
15.3. This Agreement is governed by the laws of the Republic of the Marshall Islands. Any disputes arising out of or in connection with this Agreement, including any questions about its existence, validity or termination, shall be submitted to and finally resolved by a court in accordance with the laws of the Republic of the Marshall Islands.
Effective from September 12, 2023