Terms & Conditions
Notice
Please read these terms and conditions carefully. By accessing this site, you agree
to be bound by the terms and conditions below (and in particular but without limitation
to the exclusion of warranties and liabilities, below). If you do not agree to the
terms and conditions below, do not access this site, or any part of it.
WGM Services Ltd. (aka EZtrader Ltd.) ("EZtrader"). All rights reserved.
Copyright in the pages and in the screens displaying the pages, and in the information
and material therein and in their arrangement, is owned by Win Global Markets Inc. operating EZTrader.com brand through its fully owned subsidiary WGM Services Ltd, unless otherwise
indicated.
Trademarks and other Intellectual Property Rights
EZtrader and the EZtrader logotype are trademarks and service marks of EZtrader
and are used and/or registered throughout the world. EZtrader and its affiliates
also claim rights in certain other trademarks and service marks contained in these
web pages.
You acknowledge that all intellectual property rights in this site (including but
not limited to all patents, copyrights, design rights, trademarks, service marks,
trade secrets, know-how, database rights and other rights in the nature of intellectual
property rights (whether registered or unregistered) and all applications for the
same anywhere in the world) belong to EZtrader and its affiliates and you shall
have no rights in or to the site other than the right to use it in accordance with
the terms of this license.
Use of Information and Materials
You must only use this site in accordance with all applicable laws. You must not
load or transmit through the site any computer virus or anything designed to interrupt
or disrupt the proper operation of the site. You may only copy or download any part
of the site where we have expressly stated that you may do so and then only for
your private use or any other use we have expressly permitted (and in accordance
with this license and, if you have an account with us, in accordance with our terms
and conditions relating to that account). Subject to that you shall not copy or
reproduce the site in whole or in part or otherwise make the same available to any
person.
The information and materials contained in these pages, and the terms, conditions,
and descriptions that appear, are subject to change. Unauthorized use of EZtrader
web sites and systems including but not limited to unauthorized entry into EZtrader
systems, misuse of passwords, or misuse of any information posted on a site is strictly
prohibited. Not all products and services are available in all geographic areas.
Your eligibility for particular products and services is subject to final determination
by EZtrader and/or its affiliates.
INFORMATION CONTAINED HEREIN has no regard to the specific trading objective,
financial situation or particular needs of any specific recipient. The content herein
is published solely for informational purposes and is not to be construed as a solicitation
or an offer (a) to buy or sell any options, derivative products, or other securities
or related financial instruments nor (b) to enter into any trade. The content is
based on information obtained from sources believed to be reliable but is not guaranteed
as being accurate, nor is it a complete statement or summary of the markets or developments
referred to in the content. This information should not be regarded by recipients
as a substitute for the exercise of their own judgment nor as a substitute for obtaining
legal, financial or tax advice. Any opinions expressed in this content and all the
information in this site are subject to change without notice and EZtrader is not
under any obligation to update or keep current the information contained herein.
Options, derivative products and related financial instruments are not suitable
for all traders, and trading in these instruments is considered risky. Past performance
is not necessarily indicative of future results. EZtrader accepts no liability whatsoever
for any loss or damage of any kind arising out of the use of all or any part of
this content. No part of this content may be reproduced or distributed in any manner
without the written permission of EZtrader. EZtrader accepts no liability whatsoever
for the actions of third parties in this respect.
Links
This site may contain links to web sites controlled or offered by third parties
(non-affiliates of EZtrader). EZtrader hereby disclaims liability for any information,
materials, products or services posted or offered at any of the third party sites
linked to this website. By creating a link to a third party web site, EZtrader does
not endorse or recommend any products or services offered or information contained
at that web site, nor is EZtrader liable for any failure of products or services
offered or advertised at those sites. Such third party may have a privacy policy
different from that of EZtrader and the third party website may provide less security
than the EZtrader site.
No Warranties
We do not warrant that the site will always be accessible and useable, nor that
use will be uninterrupted or error free. We shall not be liable to you if the site
is inaccessible or unusable in whole or in part, for any reason. Without prejudice
to the generality of the foregoing, we will not be liable to you if the site is
inaccessible or unavailable in whole or in part for any reason beyond our reasonable
control or because we are carrying out maintenance, upgrades, developments or the
like.
You must install and keep up to date virus-checking software for your hardware and
software systems. You must also ensure that your information technology is compatible
with ours and that any hardware, software or communication link you may use is sufficient
and appropriate.
The information and materials contained in this site, including text, graphics,
links or other items are provided "As Is", "As Available". EZtrader does not warrant
the accuracy, adequacy or completeness of this information and materials and expressly
disclaims liability for errors or omissions in this information and materials. No
warranties of any kind, implied, expressed or statutory including but not limited
to the warranties of non-infringement of third party rights, title, merchantability,
satisfactory quality, fitness for a particular purpose and freedom from computer
virus are given in conjunction with the information and materials and all such warranties
are expressly excluded to the fullest extent permitted by the law.
Limitation of Liability
In no event will EZtrader be liable for any damages, including without limitation
direct or indirect, special, incidental, or consequential damages, losses or expenses
arising in connection with this site or any linked site or use thereof or inability
to use by any party, or in connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer virus or line
or system failure, even if EZtrader, or representatives thereof, are advised of
the possibility of such damages, losses, or expenses (or should have been or were
aware of the possibility of the same arising).
Submissions
All information submitted to EZtrader via this site shall be deemed and remain the
property of EZtrader and EZtrader shall be free to use, for any purpose, any idea,
concepts, know-how or techniques contained in information a visitor to this site
provides EZtrader through this site. EZtrader shall not be subject to any obligations
of confidentiality regarding submitted information except as expressly agreed in
writing by EZtrader (including under its privacy policy) or as otherwise specifically
required by law.
Availability
This site is not intended for distribution to, or use by, any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
local law or regulation. Any user must make sure that the applicable law governing
such user allows the use by him of this web site.
Additional Term
Certain sections or pages on this site may contain separate terms and conditions,
which are in addition to these terms and conditions. In the event of a conflict,
the additional terms and conditions will govern for those sections or pages.
Definitions
Terms capitalized in this Agreement are defined in the Glossary as found on EZTrader.com
website, http://www.eztrader.com/Glossary.aspx
Services Provided
Subject to the terms and conditions of this Agreement and acceptance of Customer's
application to open an Account with EZTrader.com, EZTrader.com will maintain one
Account in Customer's name and will effect cash settled transactions with
and for Customer and provide such other services and products as EZTrader.com may,
in its sole discretion, determine from time to time in the future. Unless expressly
stated otherwise in writing, all Contracts and other transactions entered into between
EZTrader.com and Customer shall be governed by the terms of this Customer Agreement,
as amended from time to time (including, without limitation, EZTrader.com's Terms
and Conditions of Use). The activities on EZTrader.com and publications thereon
do not constitute advice in any manner, including without limitation, as to taxation,
tradings or law, nor do they take into account any Customer's specific needs,
and you should not rely on these in effecting any transactions (on EZTrader.com
or otherwise).
Deposits, Charge-backs, Debts and Collections
EZTrader will always do its best to accept a users deposit. In the case of a declined deposit
attempt due to a security block, EZTrader will attempt to complete the transaction by contacting
the card issuer to perform the required verification.
EZTrader does not always process credit card transactions at time of deposits. At the discretion of EZTrader
accounts may be charged for the amount deposited at a later time. EZTrader will always attempt to debit
the card requested for the amount due, however, in the case the credit card will be declined for the balance
due in the traders' account, EZTrader will attempt other cards the trader has used in his EZTrader account
in order to charge the balance required.
EZTrader may offer at it sole discretion delayed deposit arrangements to traders where the deposit amount is
deposited to the traders trading account with EZTrader and an agreed upon date to charge the traders credit
card is given. This is a binding contract. In the event the payment is not made in the agreed upon date, EZTrader
will add to the balance any bonuses added to the account as part of the due balance.
EZTrader will forward accounts not paid due to delinquency, charge backs, fraut attempts and otherwise accounts
with un-paid balance to a collection agency. Trader is responsible for all fees charged by the collection agency.
Trading
EZTrader.com allows you to perform various transactions, including in respect of
digital options based on various indices that shall be defined by EZTrader.com from
time to time (for example, index rates and stock and option rates), and to receive
financial information and various other services as EZTrader.com shall determine
in its sole discretion. Prior to effecting any transaction, we advise you to read
the explanations that may be found on the website regarding each type of transaction.
The rules of trade are set exclusively by EZTrader.com.
Customer authorizes EZTrader.com to assume trading positions for Customer's Account
in accordance with Customer's instructions received through the EZTrader.com Online
Trading System to the EZTrader.com Trading Desk, subject to the terms of this Agreement,
including the Annexes hereto and the Customer Account Application, including any
applicable addenda thereto. Customer agrees to be conclusively responsible for any
instruction received electronically that is identified with Customer's password
and Account number and for any electronic, oral and or written instruction (including,
but limited to, any Order) to EZTrader.com from persons EZTrader.com, in its sole
judgment, believes are apparently authorized by Customer.
Pricing Information. EZTrader.com will make available, by posting on EZTrader.com,
the current price applicable to a share or index, and offer you the opportunity
to submit a put or call position in respect of such share. Each position shall be
for a specified expiry time. EZTrader.com expects that the current prices will be
reasonably related to the actual prices of such shares available in the market.
EZTrader.com makes no warranty, express or implied, that the quoted prices represent
prevailing quoted prices.
Order Execution. EZTrader.com will attempt to execute all put and call instructions
that it may, in its sole discretion, accept from Customer in accordance with Customer's
instructions received through the EZTrader.com. Customer acknowledges, understands
and agrees that EZTrader.com is not acting as a broker, intermediary, agent, and
advisor or in any fiduciary capacity.
Transmission. EZTrader.com shall have no responsibility for delays in the transmission
of orders due to disruption, failure or malfunction of communications facilities
and shall not be liable for any claims, losses, damages, costs or expenses, including
attorneys' fees, to any person or entity arising other than as a direct result of
EZTrader.com's recklessness.
Position and Trading Limits. EZTrader.com reserves the right to limit the number
of put and call positions and Open Positions that Customer may enter or maintain
in Customer's Account. EZTrader.com reserves the right to limit the total amounts
to be traded by any Customer in general or specifically. EZTrader.com reserves
the right, in its sole discretion, to refuse to accept any Order opening a new position
or increasing an Open Position.
Charges. At this time EZTrader.com charges no brokerage fees or commissions, however
EZTrader.com reserves the right to change its fee structure at any time without
notice. Fees do not currently, but may in the future include such things as statement
charges, order cancellation charges, account transfer charges, or fees imposed by
any market or other regulatory or self-regulatory organization arising out of EZTrader.com's
provision of services hereunder.
Cessation of Trading. Trading on EZTrader.com on any part thereof may be ceased
without notice at any time. Customer shall not have any claim or right to indemnification
due to losses incurred as a result of such cessation, whether in respect of open
positions or transactions that Customer intended to execute.
Cancellation. EZTrader.com shall have the right to unilaterally cancel, by means
of a notice to Customer, any transaction of Customer which, due to an error, including
a computer or system error, was effected at a price which does not reflect EZTrader.com's
applicable published price.
Withdrawals
-
Withdrawal orders: The provision of documentation or any other type of Client authentication
as may be required from time to time by Anti Money Laundering (AML) regulations,
Credit Card companies and EZTrader is a prerequisite, prior to the execution of
a withdrawal order.
-
Credit card deposits may be, according to credit card companies' regulations, returned
to same credit card when a withdrawal is performed. A withdrawal to a bank account
where initial deposits have been performed by credit cards will be executed back
to credit card or to bank account at company's discretion. Withdrawals to bank account
or to credit card accoutns may take a longer time period, due to additional security
procedures and documentation from the Client.
-
The minimum withdrawal amount is 100 units of the denomination defined in your account. Withdrawal is not possible without performing at least 3 transactions in the system, or paying 10% of the initial deposit, which is to be considered as a fee as per defrayal costs.
Bonuses Terms & Conditions
The bonus is a great tool to increase your profits - here are the terms that bonuses are granted and under which terms bonuses may be withdrawn:
- Bonuses will be granted and added to your trading account within the 24 hours upon request and are expired after 90 days.
- To be entitled to withdraw your bonus, you must turn-over a trading volume of 25 times the amount of your bonus. As an example, if you received a bonus of $100, to be entitled to withdraw this bonus, you need to trade a minimum volume of at least $2,500 during a time period no longer than 90 days from your first trade. If you have not reached the required volume within this time period, then the bonus will be voided and deducted from your available balance.
- You may withdraw your balance at any time, however, if the trading volume required for meeting the bonus entitlement has not been reached then the bonus amount would be deducted from your account balance and the remaining available balance would be free to be withdrawn. Any profits generated when the bonus amount has been included in the trading balance, would be cancelled when you apply for a withdrawal.
- For volume purposes, trading both a CALL option and a PUT option on the same asset and at the same expiration time would be considered as a single trade. Sell option transactions will not be considered for the trading volume needed to be met in order to withdraw the bonus.
- Before withdrawing your bonus and no longer then 72 hours from your withdrawal request, you would have to submit the following identifying documents:
- An official photo ID such as a national ID card, a photo driver license or passport.
- Both sides of your credit/debit card that has been used for your deposits. You may conceal the first 12 digits of your card.
- You may not receive a bonus for a deposit when, at the same time, you have a pending withdrawal request.
- EZTrader may decide at its own discretion whether or not to grant bonuses.
Representations and Warranties
As of the date hereof, and the date of each transaction in Customer's Account and any date on which EZTrader.com's Risk Warning or Term and Conditions of Use are revised, updated or amended, Customer represents and warrants to EZTrader.com and agrees for the benefit of EZTrader.com that:
• If Customer is a natural person, Customer is of sound mind, legal age (at least 18 years old) and legal competence
.
• If Customer is not a natural person, (i) Customer is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all Contracts and other transactions contemplated hereunder have been duly authorized by Customer; and (iii) each person executing and delivering this Agreement and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Agreement and other transaction contemplated hereunder on behalf of Customer, has been duly authorized by Customer to do so
.
• Execution and delivery by Customer of this Agreement and other transactions contemplated hereunder, and performance of all of Customer's obligations contemplated under this Agreement and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.
• Customer is the sole and ultimate beneficiary and has full beneficial ownership of Customer's Account. Customer is prohibited from and has not granted and will not grant a security interest in Customer's Account with EZTrader.com (other than the security interest granted to EZTrader.com hereunder) to any person without EZTrader.com's prior written consent.
• All information provided to EZTrader.com by Customer is complete and accurate in all respects and the Customer shall promptly inform EZTrader.com of any changes thereto.
• Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as EZTrader.com, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of EZTrader.com or to protect EZTrader.com's interests with respect to any collateral.
• Customer is prohibited from allowing other persons, other then himself, to operate Customer's account via the Internet, under Customer's IP address and/or any other IP address while accessing and using Customer's account.
• Upon the opening of the account, the EZTrader.com shall issue Customer with a confidential personal identification code (hereinafter: the “Access Code”) to be used solely by Customer to operate Customer's account via the Internet. Customer hereby and irrevocably undertakes to safeguard the Access Code and hereby waives any and all claims against the Company relating to any unauthorized use of the Access Code.
• Customer has read and understands the provisions contained in this Agreement, including, without limitation, EZTrader.com's Risk Warning, Privacy Policy and Terms and Conditions of Use, Customer will review the Agreement each time it is amended. Customer will not affect any transaction in Customer's Account unless Customer understands EZTrader.com's revised Agreement, and Customer agrees that in effecting any transaction it is deemed to represent that it has read and understands EZTrader.com's revised Agreement as in effect at the time of such transaction.
• Customer agrees to comply with all applicable law. You may not use your personal account with EZTrader.com for any illegal activity.
• If you haven't done any transaction in your trading account within a nine-month period, your account will become "dormant". Dormant accounts are charged with a 100% maintenance fee, based on account balance. The fee will be applied at the end of the 9th month, following the last recorded transaction.
All information provided by Customer to EZTrader.com, including information regarding Customer's trading experience and trading sophistication, is true, correct and complete, and Customer will notify EZTrader.com promptly of any changes in such information.
Security Agreement
In order to effect transactions on EZTrader.com Customer is required to deposit
funds in Customer's Account in an amount as required by EZTrader.com in its sole
discretion, and in accordance with the transactions being made, by means of Customer's
credit card or any other manner that EZTrader.com shall allow.
Proceeds to Customer shall be added to Customer's Account balance, and losses shall
be deducted from such Account balance.
Amounts in Accounts shall not bear any interest whatsoever, and shall be available
for withdrawal by Customer in accordance with these terms, subject to any indebtedness
to EZTrader.com in accordance herewith.
In order to secure any indebtedness or other obligations at any time owing from
Customer to EZTrader.com, including, without limitation,
(i) indebtedness or other obligations under any Account, or transaction with EZTrader.com;
or
(ii) any indebtedness or other obligations resulting from any guarantee by Customer
of any Account or transaction with EZTrader.com, Customer hereby assigns, pledges
and grants to EZTrader.com a first degree security interest in and right of setoff
against:
(a) all of Customer's Accounts with EZTrader.com;
(b) all cash, securities and other property in Customer's Account at EZTrader.com
or delivered or otherwise provided by Customer to secure its indebtedness or other
obligations to EZTrader.com or in EZTrader.com's possession or control for any purpose
(including safekeeping); and
(c) all products and proceeds of the foregoing (collectively, (a), (b) and (c) are
referred to as "Collateral").
At any time, in EZTrader.com's sole discretion and without prior demand or notice,
EZTrader.com may apply any or all cash (or sell or buy in any such securities or
other property and apply the proceeds there from) to any such indebtedness or other
obligations, notwithstanding that such indebtedness or other obligations arise in
an Account other than the Account in which the cash, Contracts, securities or other
property were held or generated. EZTrader.com shall have the right to sell, pledge,
rehypothecate, assign, trade, commingle and otherwise use any Collateral it holds
free from any claim or right of any nature whatsoever of the Customer, including
any equity or right of redemption by the Customer and to register any Collateral
in the name of EZTrader.com, its custodian or a nominee. Any failure by EZTrader.com
to enforce its rights hereunder shall not be deemed a future waiver of such rights
by EZTrader.com. EZTrader.com is irrevocably appointed as attorney in-fact for Customer
and is authorized, without notice to Customer, to execute and deliver any documents,
give any notice and to take any actions on behalf of Customer, including the execution,
delivery and filing of financing statements, that EZTrader.com deems necessary or
desirable to evidence or to protect EZTrader.com's interest with respect to any
Collateral. In the event that the Collateral deemed acceptable to EZTrader.com ("Eligible
Collateral") is at any time insufficient to satisfy Customer's indebtedness or other
obligations to EZTrader.com, including obligations to provide margin in accordance
with Paragraph 6 hereof, Customer shall promptly pay upon demand the entire amount
of such deficit.
Liquidation of Accounts and Deficit Balances
In the event of:
(a) (i) the death or judicial declaration of incompetence of Customer, if Customer
is a natural person;
(ii) the filing of a petition in bankruptcy, or a petition for the appointment of
a receiver, or the institution of any bankruptcy, insolvency or similar proceeding
by or against Customer;
(iii) the filing of an attachment against any of Customer's Accounts carried by
EZTrader.com;
(iv) failure to pay when due any amount due under this Agreement or any Contract
or other transaction hereunder or to deliver to EZTrader.com when due any margin
or Collateral required or requested by EZTrader.com in connection with this Agreement
or any Contract or other transaction hereunder;
(v) Customer's failure to promptly provide EZTrader.com any information requested
pursuant to this Agreement;
(vi) any representation made by Customer in this Agreement (including the Annexes)
is or at any time becomes, untrue or incorrect; and
(vii) any breach by Customer of any other provision of this Agreement, including
the Annexes ("Event of Default");
(b) insufficient margin, or EZTrader.com's determination that any Collateral deposited
to protect Customer's Account is inadequate, regardless of current market quotations,
to secure Customer's Account; or
(c) any other circumstances or developments that EZTrader.com, in its sole discretion,
deems appropriate for its protection, EZTrader.com may, in its sole discretion,
take one or more, or any portion, of the following actions:
(1) satisfy any obligation Customer may have to EZTrader.com (either directly or
by way of guarantee or suretyship) out of any of Customer's funds or property in
the custody or control of EZTrader.com;
(2) sell or purchase any or all Contracts and any securities or other property held
or carried for Customer; and
(3) cancel any or all outstanding positions or other transactions or commitments
made by or on behalf of Customer.
Any of the above actions may be taken without demand for margin or additional margin,
without prior notice of sale or purchase or other notice to Customer, Customer's
legal representatives, heirs, executor, administrator, trustee, legatee, successors
or assigns and regardless of whether the ownership interest is held individually
or jointly with others. Any prior demand or notice of sale or purchase shall not
be considered a waiver of EZTrader.com's right to sell or buy at any time in the
future without demand or notice as provided above. In the event the proceeds realized
pursuant to liquidation are insufficient for the payment of all liabilities of Customer
due to EZTrader.com, Customer shall promptly pay upon demand the entire amount of
any such deficit, together with all other deficits and all unpaid liabilities of
Customer, including, but not limited to, all costs of enforcement and collection,
such as, but not limited to, attorneys' fees, witness fees and travel expenses,
interest on any such deficit and liabilities at a rate equal to three (3) percentage
points above the then prevailing prime rate at EZTrader.com's principal bank or
the maximum interest rate allowed by law, whichever is lower. In the event EZTrader.com
incurs expenses other than for the collection of deficits, with respect to Customer's
Account, Customer agrees to pay such expenses.
Trade Confirmations
Positions executed online will be confirmed online at the time of the position being
made. Customer agrees to immediately call to EZTrader.com's attention any information
that Customer has reason to believe is inconsistent with Customer's own information.
Customer understands, acknowledges and agrees that errors, whether resulting in
a profit or loss to Customer, shall be corrected only to the extent of the value
of Customer's trades in the position, and Customer's Account will be credited
in such manner and extent as to place Customer's Account in the same position in
which it would have been immediately prior to the error having occurred.
Communications
Customer shall notify EZTrader.com immediately of any change in Customer's address
by e-mail to
support@EZTrader.com
. All communications sent by EZTrader.com shall be deemed effective when deposited
by EZTrader.com in the United States mail or with another delivery service, or when
received by a transmitting agent (such as an Internet service provider) for transmission
to Customer, whether actually received by Customer or not. All communications sent
by Customer shall not be deemed effective until accepted by EZTrader.com.
EZTrader.com Responsibilities
EZTrader.com shall not be liable to Customer for any claims, losses, damages, costs
or expenses, including attorneys' fees, caused, directly or indirectly, by any events,
actions or omissions, including, without limitation, claims, losses, damages, costs
or expenses, including attorneys' fees, resulting from civil unrest, war, insurrection,
international intervention, governmental action (including, without limitation,
exchange controls, forfeitures, nationalizations, devaluations), natural disasters,
acts of God, market conditions, inability to communicate with any relevant person
or any delay, disruption, failure or malfunction of any transmission or communication
system or computer facility, whether belonging to EZTrader.com, Customer, any market,
or any settlement or clearing system.
Intellectual Property and Confidentiality
All copyright, trademark, trade secret and other intellectual property rights in
the EZTrader.com Online Trading System shall remain at all times the sole and exclusive
property of EZTrader.com and/or its 3rd party service providers and Customers shall
have no right or interest in such Trading Systems except for the right to access
and use the Trading Systems as specified herein. Customer acknowledges that the
Trading Systems are confidential and have been developed through the expenditure
of substantial skill, time, effort and money. The Customer will protect the confidentiality
of EZTrader.com and/or its 3rd party service providers by allowing access to the
Trading Systems only by its employees and agents on a need to access basis. Customer
will not publish, distribute, or otherwise make information available to third parties
any information derived from or relating to the Trading Systems. Customer will not
copy, modify, de-compile, reverse engineer, and make derivative works of the Trading
Systems or in the manner in which it operates.
Indemnification
Customer agrees to indemnify and hold EZTrader.com, its affiliates, employees, agents,
successors and assigns harmless from and against any and all liabilities, claims,
losses, damages, costs and expenses, including attorneys' fees, incurred by EZTrader.com
arising out of: (i) Customer's failure to fully and timely perform its obligations
hereunder; and (ii) any of Customer's representations and warranties made that may
at any time be untrue or incorrect and (iii) any act or omission of Customer. Customer
also agrees to pay promptly to EZTrader.com any and all claims, losses, damages,
costs and expenses, including attorneys' fees, incurred by EZTrader.com in the enforcement
of any of the provisions of this Agreement, any transactions hereunder, and any
other agreements between EZTrader.com and Customer and the collection of any amounts
due hereunder and there under.
Limitation of Liability
IN NO EVENT SHALL EZTrader.com BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES, OR FOR LOST PROFITS, SAVINGS, OR REVENUES OF ANY KIND, REGARDLESS OF WHETHER
EZTrader.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EZTrader.com's
AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT
EXCEED 100% OF THE AMOUNT ALLOCATED BY CUSTOMER FROM THE ACCOUNT TO THE TRANSACTIONS
THAT GIVES RISE TO THE CLAIM WHICH FORMS THE BASIS FOR SUCH DAMAGES.
Disclosure of Customer Information
EZTrader.com will not share or sell information regarding its customers and/or prospective
customers, except to its employees, agents, partners, and associates as required
in the ordinary course of EZTrader.com's business conducted on behalf of customers,
including, but not limited to, EZTrader.com's banking or credit relationships. EZTrader.com
may also disclose to federal or state regulatory agencies and law enforcement authorities'
information regarding Customer and Customer's transactions in response to a request
for such information or in response to a court order or subpoena.
Amendments
Customer understands, acknowledges and agrees that EZTrader.com may amend or change
this Agreement at any time. EZTrader.com will provide notice to Customer of any
such amendment or change by posting the amendment or change to the Website or by
sending an e-mail message to Customer. Customer agrees to be bound by the terms
of such amendment or change. No waiver or amendment of this Agreement may be implied
from any course of dealing between the parties or from any failure by EZTrader.com
or its agents to assert its rights under this Agreement on any occasion or series
of occasions. No oral agreements or instructions to the contrary shall be recognized
or enforceable.
Termination
This Agreement shall continue and be in effect until termination by Customer or
EZTrader.com. Customer may terminate this Agreement if: (i) Customer has no open
positions and no liabilities held by or owed to EZTrader.com; and (ii) Customer
has provided three (3) days' written notice to EZTrader.com by e-mail to
support@EZTrader.com
and (iii) EZTrader.com has accepted the notice as provided in Section 10 hereof.
EZTrader.com may, in its sole discretion, terminate this Agreement at any time,
effective as of the close of business on the day notice is sent to Customer. Termination
by either party shall not affect any Contracts or other transactions previously
entered into and shall not relieve either party of any obligations set out in this
Agreement, nor shall it relieve Customer of any obligations arising out of any deficit
balance.
Entire Agreement
This Agreement together with the Customer Account Application embodies the entire
agreement between EZTrader.com and the Customer, superseding any and all prior written
and oral agreements.
Recordings
Customer acknowledges and agrees that any and all conversations between Customer
and EZTrader.com principals, agents, employees or associates, including the EZTrader.com
customer service and operations desks may, at the option and in the sole discretion
of EZTrader.com, be recorded electronically with or without the use of an automatic
tone warning device. Customer further agrees to the use of such recordings and transcripts
thereof as evidence by either party in connection with any dispute or preceding
that may arise involving Customer or EZTrader.com.
Binding Effect
This Agreement shall be continuous and shall cover, individually and collectively,
all Accounts of Customer at any time opened or reopened with EZTrader.com, irrespective
of any change or changes at any time in the personnel of EZTrader.com or its successors,
assigns, or affiliates. This Agreement, including all authorizations, shall inure
to the benefit of EZTrader.com and its successors and assigns, whether by merger,
consolidation, or otherwise and shall be binding upon Customer and/or the personal
representatives, heirs, executor, administrator, trustee, legatees, legal representative,
successors and assigns of Customer.
Severability
If any clause of this Agreement is determined void or invalid by a court of competent
jurisdiction, the remainder of the Agreement shall remain in full force and effect.
Acceptance
This Agreement shall not be deemed to be accepted by EZTrader.com or become a binding
contract between Customer and EZTrader.com until the signed Customer Account application
has been received and approved by EZTrader.com. In the event that there are any
unauthorized alterations or deletions to this Agreement or related documents such
alteration and deletions shall not be binding on EZTrader.com and said original
forms shall govern Account.
Consent to Electronic Transmission of Account Statements
Customer hereby consents to receive account statements (monthly and daily statements)
online. EZTrader.com will provide Customer with password-protected access to online
reports. Customer will be able to generate daily, monthly and annual account statements
detailing transaction activity, profit and loss statements, open positions, margin
balances, account credits and debits, etc. Hard copies of monthly customer statements
are available upon request only and may incur an additional charge. Statements are
deemed received when made available to Customer by EZTrader.com, regardless of whether
Customer actually accessed the statement. Customer is responsible for alerting EZTrader.com
to any change in their e-mail address. This consent shall be effective until revoked
by Customer in writing and received by EZTrader.com according to paragraph 10 of
this Customer Agreement.
Risk Warning
This Risk Warning Notice cannot and does not disclose all the risks and other significant
aspects of option and derivative trading. You should not engage in option and/or
derivative trading unless you understand the nature of such trading, how these instruments
work, how you make a profit or a loss and the extent of your exposure to risk and
loss.
If you are in any doubt, please, seek professional advice.
Before deciding to participate in option and derivative trading, you should carefully
consider your trading objectives, level of experience and risk appetite. Most
importantly, do not place a trade with money you cannot afford to lose.
There is considerable exposure to risk in any transaction, including, but not limited
to, leverage, creditworthiness, limited regulatory protection and market volatility
that may substantially affect the price, or liquidity of an option or derivative.
Moreover, the leveraged nature of option and derivative trading means that any market
movement might have an extreme and sometimes not-proportional effect on your deposited
funds. This may work against you as well as for you.
There are risks associated with utilizing an Internet-based trading system including,
but not limited to, the failure of hardware, software, and Internet connection.
EZtrader is not responsible for communication failures or delays when trading via
the Internet. EZtrader employs back up systems and contingency plans to minimize
the possibility of system failure.
Any opinions, news, research, analyses, prices, or other information contained on
this website are provided as general market commentary, and do not constitute trading
advice. EZtrader is not liable for any loss or damage, including without limitation,
any loss of profit, which may arise directly or indirectly from use of or reliance
on such information. EZtrader has taken reasonable measures to ensure the accuracy
of the information on the website. The content on this website is subject to change
at any time without notice.