1.1. BLUESTAR EQUITY GROUP LIMITED (or “Company”) is an international private Brokerage incorporated in the Republic of Mauritius with Company Number 177112.
1.2. The Company is authorized and regulated by the Vanuatu Securities and Exchange Commission
(the “VFSC”) with a Dealer in Securities Principal License (the “License”) granted by the Minister of Finance and Economic Management of Vanuatu. The foundations of the services offered to Clients are based on the License of the Company.
1.3. The Company is trading under BLUESTAR EQUITY GROUP LIMITED name and through the domain name bluestarfx.net
2.1. The Company shall not be contractually committed with any legal and/or natural person wishing to become Client of the Company until such time that the Company has confirmed to such person both that it has opened an Account on Client’s behalf and that the Client has successfully initially funded such an Account.
2.2. These Business Terms (the “Agreement”), as amended from time to time and as they are published on the website of the Company, override any previous or current representation, expressed or implied, made or to be made by BLUESTAR EQUITY GROUP LIMITED and/or any of its representatives, and shall be the only legally enforceable means that defines the relationship between Client and Company.
2.4. Client accepts and understands that it is Client’s full responsibility to monitor for updates of the applicable Agreement in force as published by Company from time to time. Any viewer or user of the Company’s website, or of any form of access through this website of information shown or of a service offered by Company, constitutes knowledge and acceptance of this Agreement and all its contents.
2.5. Client accepts and understands that the official language of Company is the English language.
- DEFINITION OF TERMS
3.1. The following terms shall have the following meanings:
“Account” shall mean the trading account opened by Client with Company.
“Agreement” between Client and Company shall mean the Business Terms and any additional documents expressed to be part of the Business Terms accepted by Client.
“Authorized Person” shall mean a person authorized by Client to give instructions for execution regarding Client’s Account to Company.
“Base Currency” shall mean the main currency of Client’s Account.
“Business Day” shall mean any banking day in the Republic of Vanuatu.
“CFD” shall mean a Financial Contract for Difference on spot Forex, stocks, equity indexes, precious metals, virtual currencies, or any other commodities available for trading.
“Client” shall mean any natural or legal person to whom Company provides investment and/or ancillary services.
“Client Bank Account” shall mean any bank account maintained by Company, or other parties designated for this purpose by Company, for the purpose of concentrating and holding Client’s Money. Clients’ deposits and withdrawals should be only directed to / be processed from Client Bank Account.
“Client Money” shall mean money that is paid into Company, or into other parties designated for this purpose by Company, and that is derived from calculations based on relevant activity and status. Client Money is held in a fiduciary capacity by Company on behalf of Client. As per the aforesaid, it is calculated, based on relevant activity and status, as money deposited by Client in the Account, plus or minus any unrealized or realized profit or loss, plus or minus any amount that is payable by Company to Client and vice versa, and minus any amount committed / owed / lost to other third parties in the process of Company’s offering of services to Client.
“Contract” shall mean a trade, purchase or sale of currencies or Financial Instruments in the market.
“Dormant” shall mean a trader’s Account which had no Client-initiated activity for the past 180 days.
“Equity” shall mean the value of Financial Instruments in the trading Account plus the unrealized profits or minus the unrealized losses.
“Financial Instrument” shall mean any derivative contract dealing in an underlying asset, including Foreign Exchange and Contract for Difference.
“FX” or “Forex” shall mean non-physically-deliverable Foreign Exchange, sale and purchase of currencies against each other.
“Inactive Account” shall mean a trader’s Account which had Client-initiated activity and subsequently it remained inactive for a period of 90 days.
“Introducing Broker” or “Business Introducer” shall mean any financial institution or advisor or legal or natural person obtaining remuneration from Company and/or Clients for introducing Clients / interested parties to Company.
“Money Manager” shall mean any financial institution or advisor or legal or natural person obtaining remuneration from Company and/or Clients for transmitting Client’s orders to Company for execution and/or acting otherwise on behalf of Client in the business relationship with Company.
“Leverage” shall mean the ratio in respect to Transaction size and initial Margin. 1:500 ratio means that in order to open a position, the initial Margin is five (5) hundred times less than the Transaction size.
“Margin” shall mean the necessary guaranteed funds requested to open a position. This is calculated as follows:
- MT4: Lots traded * Contract size / Leverage
The result denominated in United States Dollars.
EXAMPLE: 1 Lot of EURUSD at Leverage 1:200 required margin is: 100,000 x 1/200 = 500USD
- MT5, CTrader: Lots traded * Contract size / Leverage
Depending on Client’s account currency, this will be converted to the account’s currency. For the below example, if Client’s account currency is in USD, then the required margin is 500 * the rate of EURUSD (1,700) = 585.
EXAMPLE: 1 Lot EURUSD at Leverage 1:200, required margin is: 100,000 x 1/200 = 500EUR.
“Margin Call” shall mean the forced closing by Company, at current prices, of Client’s open positions when Equity falls below the minimum required Margin.
“Net Open Position” or “NOP” shall mean the difference between the total open volume of longs and total open volume of shorts of an instrument on a single trading account.
“Power of Attorney” shall mean the power to authorize a third party to act on behalf of Client in all the business relationships with Company.
“Spread” shall mean the difference between the bid and the ask price of a Financial Instrument at the same moment.
“Stop Out” shall mean the situation when Company executes the right to close all Client’s open positions at current market price or the very last available price and Client’s equity divided by balance falls below the stop out level specified for Client Account type.
“Trading Platform” shall mean any information software and hardware complex used by Company for the purpose of providing services to Client in accordance with this Agreement.
“Trading Terminal” shall mean Client part of the Trading Platform, enabling Client to communicate with Company and/or Transmit orders to Company.
“Transaction” shall mean any type of transaction performed on Client’s Account including but not limited to purchase and sale transactions involving Financial Instruments, deposits and withdrawals.
- PROVISION OF SERVICES
4.1. Company is authorized by VFSC to provide investment services as a Principal Dealer in Securities. Client confirms he understands and accepts that, when Company is arranging to offer or perform any of its services to Client, Company may critically depend on doing so on other third parties involved in the relevant operation and/or dealings.
4.2. Client confirms that he understands and accepts all risks resulting from the latter operation /
dealings with third parties, including but not limited to the risk of default of any such third party and any possible such consequences to the Client, Client Money, Client Personal Data or any other form of Client interests whatsoever.
4.3. Client confirms that Company is not responsible in any way whatsoever for any default of any such third party and/or for any resulting consequences (including loss) of such default on Client, Client Money, Client Personal Data or any other form of Client interests whatsoever.
4.4. By agreeing to this present Agreement, Client irrevocably accepts all risks of any default of any such third party and of any resulting consequence, as per the aforesaid.
4.5. Client acknowledges that Company’s services do not include the provision of Investment Advice. Any discussions that might be carried on between Client and Company’s employees or any information provided by Company will not give rise to any advisory relationship, nor do they constitute Company recommendations to Client.
4.6. Furthermore, any investment information or materials displayed on the website of Company does not constitute investment advice and has no regard to specific investment objectives, financial situation or particular needs of Client. Client understands and acknowledges that this information is addressed to the general public or broad group(s) of recipients, and is a product derived from third party information for the Client to read and use at Client’s sole discretion. Therefore, Client confirms and accepts that Company does not bear any responsibility for any Transactions carried out by Client.
4.7. Client understands and accepts that Client is solely responsible for any investment strategy, transaction or investment Client enters into, and for any activities and/or outcomes occurring as a result of an authorization by Client or third party acting on behalf of Client in any business relationship with Company.
4.8. Company may choose at its sole discretion to obtain information about Client’s knowledge and experience in the investment field. Company shall assume that information about Client’s knowledge and experience is accurate and shall bear no responsibility for any relevant outcome if such information in inaccurate or there were changes without informing Company.
4.9. Company may offer Client a free or paid subscription for receiving trading signals and/or copy trading services from various vendors, in which case Client’s contact details shall be automatically forwarded to these vendors unless otherwise instructed by Client. Vendors shall only be forwarded Client’s telephone number for receiving trading alerts by phone and/
or automatic signals or copy trades on the trading platform shall be enabled, therefore any signals received cannot constitute personal recommendations. Signals issued by the vendors shall be deemed to be market research only, not taking into account the suitability for each individual Client. By accepting to receive the vendors’ services, Client agrees and consents to the terms and conditions of the vendor as can be found on their respective website(s). It is understood and accepted that Company shall bear absolutely no responsibility regardless of the circumstances for any such vendors’ failings thereof and/or any losses that took place or might take place in the future as a result of using the mentioned services. By continuing to receive the services of these vendors, Client agrees to their terms and conditions. In case Client wants to opt-out of such services, Client must inform Company in writing.
4.10. Client must understand that the material of the above-mentioned trading signals such as, but not limited to, SMS, email, messaging applications etc., does not contain a record of Company’s trading prices, or an offer of, or solicitation for, a transaction in any financial instruments. Company accepts no responsibility for any use that may be made of these comments or for any consequences resulting from it. No representation or warranty is given as to the accuracy or completeness of this information. Consequently, any person acting on such signals does so entirely at their own risk. The analysis does not involve any specific investment objectives, financial situation and needs of any specific person who may receive it. Trading signals have not been prepared in accordance with legal requirements designed to promote the independence of research, and as such they are considered to be marketing communication. Although Company is not specifically constrained from dealing ahead of the publication of our research, we do not seek to take advantage of it before we provide it to our clients. Company aims to establish, maintain and operate effective organizational and administrative arrangements with a view to taking all reasonable steps to prevent conflicts of interest from constituting or giving rise to a material risk of damage to the interests of our clients. Company operates a policy of independence, which requires Company employees to act in Clients’ best interests and to disregard any conflicts of interest in providing services.
4.11. Company may, from time to time in its absolute discretion, withdraw the whole or any part of its services on a temporary or permanent basis.
5.1. Leverage obtainable in CFDs trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small movement in the markets can result in a proportionately larger movement in the value of your investment and this can work against investors as well as for them. CFD Transactions have an inherent risk and Client should be aware of what the implications of this are.
5.2. Leverage restrictions may apply on certain products or jurisdictions as it is imposed by relevant industry practices or regulatory requirements accordingly. In addition, it should be noted that Company will continuously monitor the Leverage applied to Clients’ positions and reserves the right to amend the Account’s Leverage depending on Clients’ trade volume and trading patterns.
5.3. Client thus accepts, acknowledges and understands that the automatic reduction of Leverage in Account could result in the Account Equity falling below the updated Margin requirements, which could result in a Margin Call or Stop Out. Client is therefore strongly advised to always maintain an appropriate amount of Margin in their Account(s) at all times to cover in the event of an automatic reduction of the Account’s Leverage.
5.4. Company may also add to or change its Leverage Limitations at any time without prior notice required to be given to Clients.
- MARGIN TRADING
6.1. CFDs are margin products and the transactions related to them will be done on Margin. This means that Client must supply a specified initial Margin, on agreement, of the overall Contract value.
6.2. If the Account Equity falls below the Margin requirement, the Trading Platform will trigger an order to close all open positions. When positions have been over-leveraged or trading losses are incurred to the point that insufficient Equity exists to maintain the current open positions, a Margin Call will result, and open positions will need to be liquidated.
6.3. The Margin Call process is entirely electronic and there is no discretion applied from Company as to the order in which open trades will be closed.
6.4. It is strongly advised that Clients always maintain the appropriate amount of Margin in their Account(s) at all times. Margin requirements may vary based on Account size, simultaneous open positions, trading style, trading terminal, market conditions, and the discretion of Company.
6.5. Client thus accepts, acknowledges and understands that:
- Company does not check whether the Transactions of this nature are appropriate to Client’s financial situation;
- Before deciding to trade on Margin, Client should carefully consider their investment objectives, level of experience and appetite for risk;
- Company sets freely the amount of Margin, the assets that may be used as collateral and the extent of any collateral such assets may provide;
- All Client’s assets are therefore blocked and pledged in this connection;
- Company may also change its rates of initial Margin and/or notional trading requirements at any time without prior notice, which may result in a change to the Margin the Client is required to maintain;
- Taking into consideration the low Margin normally demanded for these Transactions, price variations in the underlying asset may result in major losses, which could significantly exceed the investment and Margin deposit committed by Client;
- Client may be required to provide a Margin at very short notice to avoid the risk of having position(s) closed and realizing a total loss;
- If Client fails to comply with a request for additional funds within the time prescribed, the position(s) may be liquidated at a loss and Client will be liable for any resulting deficit;
- In certain cases, price changes may be so drastic that Cliient’s positions may be closed with out any period allowed for Client to restore Margin;
- Company provides Client with online access to enable Client to monitor Margin requirements at all times;
- BLUESTAR EQUITY GROUP LIMITED is not responsible to notify Client when there is a Margin Call on his Account;
Margin Calls are made by the Company directly through the online Trading Platform only and Client has the possibility to see on his Account the existing assets and Margins;
During the time period from 23:50 to 01:00 server time increased spreads and decreased liquidity can take place due to daily bank rollover. The above time may differ for certain instruments. In case of inadequate liquidity/spreads during bank rollover, widened spreads and excessive slippage may occur. Also fully hedged accounts might also experience stop-outs due to increase in spreads which leads equity to go below zero and hence trigger a stop out.
- Trading will cease between 23:58 and 00:05 server time, in order to avoid huge spikes in spreads and/or stop out.
- RISK WARNING
7.1. The Client unreservedly accepts, acknowledges and understands that CFDs trading:
- Is highly speculative;
- Carries a high level of financial risk, as they are subject to excessive price fluctuations which may cause substantial losses;
- Losses may include all of Client’s investment and also any additional commissions and other expenses;
- Is only suitable for persons who are able to cope with the associated risks by bearing the financial losses; and
- Company does not guarantee the capital of Client’s Account or its value at any time or any money invested in any Financial Instrument.
7.2. When trading in CFDs, Client is trading on the outcome of the price of an Underlying Asset and that trading does not occur on a regulated market but over-the-counter (OTC). Client accepts that Company is only the execution venue, which is a non-regulated market.
7.3. Since virtual currencies are traded on various exchanges worldwide (non-centralized), and since Company derives its pricing from certain exchanges, pricing might be significantly different than prices from other exchanges. Client understands the above, and agrees to maintain account balance accordingly, knowing that Company’s prices can be different from prices observed elsewhere.
7.4. Company shall not be responsible for any loss arising from any investment-based action on any recommendation, forecast or other information provided. Any opinions, news, research, analyses, prices, or other information contained on Company website are provided as general market commentary, and do not constitute investment advice. Company will not accept liability for any loss or damage, including without limitation, any loss or profit, which may arise directly or indirectly from use of or reliance on such information.
7.5. The contents of any report provided should not be construed as an expressed or implied promise, as a guarantee or implication that Clients will profit from the strategies herein, or as a guarantee that losses in connection therewith can or will be limited.
- CLIENT’S ACCOUNT / KYC
8.1. Client shall open an Account with Company to be able to trade in CFDs offered by Company.
8.2. Client does not intend to use Client’s Account for payment of transactions to third parties.
8.3. Client understands that no physical delivery of a CFD’s underlying asset that has been traded through Client Account shall occur. All CFD contracts can only be settled in cash. The prices of these instruments are derived from the underlying assets or currency pairs related to the CFDs, but in no way is Client acquiring any right for delivery of the underlying asset/currency. Moreover, engaging in trading CFDs with underlying assets is a virtual currency pair, and due to high volatile nature of these pairs, you might be exposed to higher risks than trading the assets themselves or trading other CFDs with other underlying assets.
8.4. In order to open an Account, Client needs to fill out the Company online application form, which can be found on the Company website. At the end of such application, the following documents must be uploaded:
- Identification document (passport or ID card). For an identification document to be considered valid it needs to CLEARLY INDICATE a photograph, signature, personal details, issue and expiry dates, place and date of issue, and serial number; and
- Proof of address (utility bill, current local authority tax bill, etc). For a proof of address to be considered valid it needs to be dated within the last 6 months.
8.5. If Client is unable to upload these documents, the documents can be sent via email following the submission of the online application form. In the event that Client cannot send the necessary documents by email, Company will accept them by fax or post, however, email still remains the preferred method. In certain circumstances Company may accept a deposit in a total amount of 10,000 USD/EUR/GBP/SGD or 30,000 PLS while the Account is still pending.
Client has 21 calendar days to provide the required documents (referred in paragraph 8.4). In the event that the above documentation is not provided in the time period, funds will be sent back to the source of funding. Client will not be able to enter into any transaction of trading nature and Client’s trading account(s) will be placed in a read-only mode until KYC documentation is provided to Company and trading account is approved.
8.6. BLUESTAR EQUITY GROUP LIMITED offers its Clients “negative balance protection”. This means that traders cannot lose more than the overall size of their investment. In this respect, Company will bear the costs associated with settling the negative Account balances to NIL.
8.7. If Client has opened more than one Account, Company shall be authorized to consider and treat these different Accounts as a single unit. Among other rights that Company has in the way of handling these accounts is the transferring of funds between Accounts to cover possible negative balances, of any of the separate Accounts, without this affecting in any way the right of the Company to terminate the Account or close all Client’s open positions.
8.8. Any funds received in a currency for which Client does not hold a sub-Account shall be converted by Company into Client’s Account Base Currency. The conversion will be made at the exchange rate prevailing on the day and at the time when the relevant funds are at the disposal of the back-office department of Company. Upon request, Client may open a sub-Account in any other of the Base Currencies offered by Company.
8.9. Company permits each Client to open up to five (5) Accounts, to accommodate Client’s needs for the below possible scenarios:
- Segregate different trading strategies;
- Use / benefit from different Account types offered by Company; and
- Maintain Accounts in different Base Currencies.
8.10. Should Client wish to have more than five (5) Accounts with Company, it is at Company’s discretion to allow for this, provided a valid and clear reason as to why more Accounts are needed is provided by Client.
8.11. Client confirms that he understands and accepts that Company, when arranging to offer or perform any of its services to Client, may critically depend in doing so on other third parties involved in the relevant operation / dealings.
- CLIENT CONSENTS
9.9.1. Client confirms familiarity with the way financial markets work and with the Transactions he wishes to undertake. Any decision to buy or sell should be taken by Client alone and should be based on his own assessment of his financial situation and his investment objectives.
9.9.2. Client is responsible to familiarize himself with the Trading Platform, its features and the orders that are capable of being carried out. Client will himself monitor his positions on his Account and he is solely responsible for the current specifications in force relevant to his Account, including but not limited to leverage, margin, base currency, etc.
9.9.3. In the case of CFDs with underlying assets of virtual currencies, due to leverage and volatility, Client’s positions and account status can change rapidly. It is Client’s responsibility to at all times monitor their own account, margin level and profit/loss, and act as needed to protect equity.
10.1. Funds credited to Client’s Account with Company shall not bear interest.
10.2. By accepting this Agreement, Client gives express consent and waives any rights to receive any interest that might be earned on his funds held in the bank accounts of Company or of any other parties designated for this purpose by Company.
- FEES, COSTS AND CHARGES
11.1. Client undertakes to pay Company the commissions and fees stated on Company website under the Trading Conditions. The commissions and fees might be different for Client introduced by an Introducing Broker.
11.2. Company is entitled to debit the Client’s Account with any value added tax, or any other tax, contribution or charge which may be payable as a result of any Transaction which concerns Client. These charges include, but are not limited to: settlement and exchange fees, regulatory levies or legal fees.
11.3. Company is not responsible for paying Client’s tax obligations in relation to possible income tax or similar taxes imposed on him by his jurisdiction on profits and/or for trading in Financial Instruments.
11.4. Company is also entitled to debit Client’s Account for extraordinary expenses resulting from the Agreement between Client and Company. Examples of extraordinary expenses include but are not limited to: Transaction confirmations, Account statements in hardcopy in situations where the information provided electronically is not sufficient, courier and postal charges, dispatch of reminders in the case of nonexecution by Client, charges in relation to requests from the authorities. These charges might be in the form of fixed amounts or in the form of hourly rates or a combination of both.
11.5. Fees might also be applicable for the withdrawals and the online card payment as stipulated on the respective pages of Company’s website.
11.6. Company may change its commissions, spreads and financing fees from time to time without providing prior notice to Client. In addition, in cases where Company suspects that the deposit and withdrawals fees policy is abused (in a way in which the funding of the account is not intended for trading purposes or the client is trading below the trading norm which is periodically determined by Company) by Clients, Company has the right at Company’s sole discretion to claim retrospectively any fees not passed to Client at the original time.
- DORMANT, INACTIVE AND ARCHIVING POLICY
12.1. Company will be charging a quarterly dormancy Account administrative fee for all Dormant Accounts listed in its systems. This fee will be effective at the end of the month in which a specific Account qualifies as Dormant. The fee will be equal to the lessor of USD30 (or the equivalent of USD30 for Accounts denominated in currencies other than USD) and the remaining balance in the Clients’ Account.
12.2. Accounts that remain Dormant for a period of more than six months will be closed and their balance will be concentrated on a separate temporary control account. Company reserves the right to unilaterally amend at its discretion the dormancy Account administrative fee for closed Accounts. To reactivate such Accounts, please contact our back office directly at Customerservice@bluestarFX.net.
12.3. All remaining bonuses and promotion credits will be automatically removed from Dormant Accounts.
12.4. Dormant Accounts with zero balance will be archived after a period of 90 days.
12.5. Company will be charging an initial fee of USD20 (or equivalent in other currencies) at the end of a 3 month period in which a specific Account qualifies as Inactive. On every subsequent month that the Account remains inactive, there will be a fee of USD10 or equivalent.
12.6. Accounts that remain inactive for a period of more than 6 months will be closed and their balance will be concentrated in a separate temporary control account. Company reserves the right to unilaterally amend at its discretion the Inactive Account administrative fee for closed Accounts. To reactivate such an Account please contact our back office directly at Customerservice@bluestarFX.net.
12.7. All remaining bonuses and promotion credits will be automatically removed from Inactive Accounts.
12.8. Inactive Accounts with zero balance will be archived after a period of 180 days.
- INTRODUCTION OF CLIENTS FROM INTRODUCING BROKER
13.1. Client may have been recommended to Company by an Introducing Broker.
13.2. Company shall not be liable for any type of agreement that may exist between Client and the Introducing Broker or for any additional costs that might result as an outcome of this agreement.
13.3. Based on a separate agreement between Company and the Introducing Broker, Company may pay a fee or a retrocession to the Introducing Broker as defined in Section “Inducements
(payments to/from third parties)” of this Agreement.
13.4. Client acknowledges the fact that the Introducing Broker is not a representative of Company nor is he authorized to provide any guarantees or any promises with respect to Company or its services. Any acts, claims and representations made by the Introducing Broker do not bind Company in any way.
- INDUCEMENTS (PAYMENTS TO/FROM THIRD PARTIES)
14.1. Company, further to the fees and charges paid/provided to/by Client or other person on behalf of Client, as stated within this Agreement, may pay and/or receive fees/commission to/from third parties, provided that these benefits are designed to enhance the quality of the offered service to Client and not impair compliance with Company’s duty to act in the best interests of Client.
14.2. Company may pay fee/commission to Introducing Brokers, referring agents, or other third parties based on a written agreement. This fee/commission is related to the frequency/
volume of Transactions performed by the referred Client through Company and/or other parameters. Company has the obligation and undertakes to disclose to Client, upon request, further details regarding the amount of fees/commission or any other remuneration paid by Company to Introducing Brokers, referring agents, or other third parties.
14.3. Company may also receive fees/commission as well as other remuneration from third parties based on a written agreement. Company receives fees/commission from the counterparties through which it executes Transactions. This fee/commission is related to the frequency/
volume of Transactions executed through the counterparty and/or other parameters. Company has the obligation and undertakes to disclose to Client, upon request, further details regarding the amount of fees/commission or any other remuneration received by Company from third parties.
- COMMUNICATION BETWEEN CLIENT AND COMPANY –
15.1. All notices and communications supplied by Company in conformity with this Agreement, including account statements and Transaction confirmations, may, at Company’s sole discretion, be sent to Client via email or made available in Client’s Account on the Trading Platform. However, the Account information posted on Company’s Trading Platform shall be conclusive evidence of Client’s Transactions and/or contracts, open positions, margin and cash balances, and shall be conclusive and binding on Client.
15.2. All notices/information provided by Company or received from Clients should be in English. Translation or information provided in languages other than English on Company website is for informational purposes only and does not bind Company or have any legal effect whatsoever; Company has no responsibility or liability regarding the correctness of such information.
15.3. Such notices/communications shall be deemed to have been received by Client and transmitted in the proper manner once Company has placed them on the Platform or sent via email. Company shall not be liable for any delay, modification, re-routing or any other modification that the message might undergo after being sent by Company.
15.4. Company shall accept the following communication methods used by Client to contact and transmit instructions to Company:
- Orders placed in the Trading Terminal of Client;
- Orders placed in writing and duly signed;
- Orders placed by telephone; and
- Orders placed by live “chat”
15.5. Client is given the option to place with Company the following Orders for execution:
- Client places a “Market Order” which is an Order instantly executed against a price that Company has provided. Client may attach to a Market Order a Stop Loss and/or Take Profit. Stop Loss is an Order to limit Client’s loss, whereas Take Profit is an Order to limit Client’s profit.
- Company will cancel any Orders that remain non executed for three months from the date the Order was placed.
15.6. Client will have the right to change the communication method used with Company at any time, and Company shall not make any checks in relation to this.
15.7. Client confirms that he is aware of the risks associated with using the communication methods listed, in particular the risks that could result from a fault or a misunderstanding at the time instructions are transmitted. Client declares that he assumes responsibility for all consequences that could result therefrom.
15.8. Company shall not incur any liability by refusing to carry out orders given by a person whose identity has not been sufficiently verified.
15.9. Client shall be responsible for all orders and for the accuracy of all information sent via internet following the use of Client’s name, password, or any other personal identification method set up to identify Client, regardless of who the actual user is. Any person who identifies himself in accordance with Client’s identification methods shall be considered as being authorized to use Company’s services. Company shall consider such orders or communications as having been authorized and issued by Client. It is Client’s responsibility to keep passwords confidential and to prevent unauthorized use of his passwords and his Trading Terminals.
15.10. For Orders placed in writing, Company will verify Client’s signature with the sample signatures lodged with Company. Company shall not be liable for any fraud and/or lack of identification that has not been discovered.
15.11. Prior to any transfer order, Company may request an original written confirmation duly signed by Client.
15.12. For orders placed by telephone, Company will verify Client’s identity and then transmit the order. Company has the right not to transmit the order if the actions of Client are not clear and do not include all the required data.
15.13. Orders received by Company in any means other than through the Trading Platform, will be transmitted by Company to the Trading Platform and processed in the same way as though it was received through the Trading Platform.
15.14. Any order sent by Client via the Trading Platform shall only be considered as having been received and shall not constitute a valid instruction and/or a Contract between Company and Client, until the instruction has been registered as executed by Company and confirmed to Client by means of a Transaction confirmation.
15.15. Company bears no responsibility for delays or errors occurring during the transmission of orders or other communication messages via computer, for the accuracy of information received via computer or for any loss that may be incurred by Client as a result of the inaccuracy of this information.
15.16. Client has the right to use a Power of Attorney to authorize a third person (representative) to act on behalf of Client in all business relationships with Company as defined in this Agreement. The Power of Attorney should be provided to Company, accompanied by all the requested identification documents of the representative. If there is no expiry date, the Power of Attorney will be considered valid until revoked by a written termination by Client.
15.17. Company has the right to refuse to transmit a Client’s order for execution without giving any notice and/or explanation to Client. Among, but not limited to, the cases that Company is entitled to do so are the following:
- If Client does not have the required funds deposited in Company’s Client Account;
- If the order violates the smooth operation of the Trading Platform;
- If the order aims at manipulating the market of the specific Financial Instrument;
- If the order is a result of the use of insider confidential information (insider trading); and
- If the order aims to legalize the proceeds from illegal acts or activities (i.e. money laundering).
15.18. Client needs to be aware that Company will refuse to accept or it may cancel any orders placed and/or executed via the Trading Terminal without any notice if it comes to Company’s attention that the logic behind those orders is to abuse the whole system (i.e. use of specific expert advisors to generate volume by opening and closing positions at the same price) in order to unfairly gain benefits for Client and which is beyond the traditional scope of fair trading.
15.19. Company, at its sole discretion and without notice, may impose on an account or instrument basis a limit on the Net Open Position. Company has the right to reject to open any new positions if the result after opening the positions would increase the Net Open Position of a certain instrument above the limit set.
15.20. It is within the rights of Company and without any prior notice to Client to set an instrument in a close only mode. Therefore, Client consents and acknowledges that he will not be able to open new positions on a certain instrument but only to close the existing ones if this action is taken.
15.21. Client understands that reports and confirmation s of order executions, cancellations or modifications may be erroneous for various reasons. Such confirmations are also subject to change at the Company’s discretion, in which case Client shall be bound by the actual order execution, so long as it is consistent with Client’s order. In the event that Company confirms an execution or cancellation in error and Client unreasonably delays in reporting such an error more than 24 hours, Company reserves the right to require from Client to accept the trade, or remove the trade from Client’s Account, in Company’s sole discretion.
- TRANSFER OF FUNDS
16.1. Client may fund his Account by credit or debit card, wire transfers or SEPA transfers, e-wallets payment processors or any other similar method of money transfer acceptable by Company from time to time, in its absolute discretion. Company shall bear absolutely no responsibility regardless of the circumstances for any such payment providers failings thereof and/or any losses that took place or might take place in the future as a result of using the above servicers. The Company does not guarantee that all the transfer methods are available to be used in all countries.
16.2. The third parties used in the process of receiving remitted funds in Company’s Client Bank accounts are disclosed in the “Deposits and Withdrawals” section of Company’s website.
16.3. Company shall inform Client of the bank details of Company’s segregated Client Bank Account for transferring funds.
16.4. Client must clearly specify his name and all required information, in accordance with international regulations related to the combat against money laundering and terrorism financing, on the payment document. It is Company’s policy not to accept payments from third parties to be credited to Client’s Account.
16.5. Any amounts transferred by Client to Company’s Client Bank Account or received in any other forms as specified above, will be deposited in Client’s Account at the value date of the received payment and net of any deduction/charges incurred by the transferring bank. It is at Company’s sole discretion to return back to Client any of the fees Client incurred in effecting a deposit into his Account.
16.6. Company has the right to refuse a Client’s transferred funds, including but not limited to the following cases:
- If the funds are transferred by a third party;
- If Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly Authorized Person; and
- If the transfer violates Vanuatu legislation.
16.7. If any of the above cases occur, Company will return the received funds back to the remitter using the same method in which they were originally received.
16.8. By signing this Agreement, Client gives consent and authorizes Company to make deposits and withdrawals from the Client Bank Account on behalf of Client, including but not limited to, for settlement of Transactions performed by or on behalf of Client, for payment of all amounts due by or on behalf of Client to Company or any other person.
16.9. Client, using the Company’s relevant “Fund transfer request”, shall provide Company with his personal bank account details in order for Company to transfer any amount payable to Client. It is Company’s policy to transfer all amounts directly to Client’s personal bank account or card which had been originally used to fund Client’s Account. Funds are transferred by Company within three (3) business days from the date they are debited from Client’s Account. It may take up to five (5) business days for funds to be credited to Client’s personal bank account after initiation of the transfer from Company’s side.
16.10. Company has the right to suspend or cancel Client’s instructions for transferring of funds, for any reason, including but not limited to the following:
- If Client instructs Company to transfer the funds to a third party;
- If Company has reasonable grounds for suspecting that the person who gave the transfer order was not a duly Authorized Person; and
- If the transfer violates the local laws and regulations.
- ANTI-MONEY LAUNDERING PROVISIONS
17.1. According to Prevention and Suppression of Money Laundering Activities regulations applicable to Company, Company is entitled to request from Client to provide immediately any additional information concerning the circumstances and context of a particular Transaction. Company shall have the right to refuse orders or instructions received from Client as long as Client has not supplied the information requested by Company.
17.2. Company has the right to terminate the Agreement with Client immediately, to report Client to applicable authorities if deemed required, and to prohibit Client from withdrawing any of Client’s assets if the explanations provided are deemed inadequate and/or anything in this regard raises money laundering or terrorist financing suspicion.
- PROHIBITED TRADING
18.1. or the use of certain automated trading systems or Expert Advisors, without notice.
18.2. Company will usually (but is not obligated to always) attempt to initially express its concern to Client or the associated parties via email or telephone in the form of a formal warning. If Client or the associates party does not modify its trading style within a reasonable time period following the warning, Company reserves the right to liquidate all or some open positions, close, suspend or recoup any closed profit or loss from Client’s Account, and return any remaining proceeds to Client in accordance with Company’s Account Closing Procedures or any combination thereof.
18.3. Fixed and Variable Spread Accounts are offered to Clients that adopt long term trading strategies instead of trading news announcements or other volatile market conditions. Company reserves the right, at any time, to revoke Client’s right to trade with a specific account type and may require Client to move under another type of Account. For the various account types please visit Company’s website.
18.4. Company reserves the right to liquidate all or some open positions, close, suspend or recoup any closed profit or loss from Accounts to tend to trade during news or other volatile market conditions, and return any remaining proceeds to Client in accordance with Company’s Account Closing Procedures or any combination thereof.
- SWAP, CFD EXPIRATION AND SWAP-FREE ACCOUNTS
19.1. Client will generally incur a credit or debit in his Account if holding a currency, bullion or CFD position at the endo f each trading session. Client may view current swap rates on the Company’s Trading Platform, and further information about Swap at Company’s website.
19.2. Once a month, certain CFDs will expire, meaning that expiration will take place one day prior to the expiration of its underlying futures Contract at the closing bid/ask price. All open positions will be closed, all floating profit and loss will be realized and all pending orders will be deleted. No positions will be rolled forward into a new Contract and is at the option of Client to reinitiate all closed positions.
19.3. Swap-Free (Islamic) Accounts are generally offered to Clients of the Muslim faith. A swap-free Account precludes the Account from either being credited or debited swap interest at the end of each trading session. The Company, however, fully reserves the right to remove the swap-free designation from any Account which is holding a position in which Client owes interest for over 10 trading days. Company will notify Client within 24 hours of removal of the swap-free designation but is not required to notify Client of such removal.
- CLIENT COMPLAINTS
20.1. Client shall be required to check the content of each document, including those sent electronically by Company or made available to Client on the Trading Platform. Such documents should be regarded as authoritative. Complaints shall be addressed, in the first instance, to the Customer Support Department via email to Customerservice@bluestarFX.net.
20.2. If Client receives a response from Customer Support but deems that the complaint needs to be raised further, Client shall complete the Complaint Form which is publicly available on Client’s member area and send it via email to Customerservice@bluestarFX.net.
20.3. Client must inform Company immediately if an incorrect Transaction appears on Client’s account.
20.4. Any complaint relating to the execution or non-execution of an order will be considered only on the expressed condition that it is made in writing upon the occurrence of the events in question and at the latest before the opening of the relevant market on the day after the execution, that is, within a 24-hour period from the time of occurrence of the complaint. It should be noted that the use of an expert advisor or any other program that is used to perform technological and/or algorithmic trading, also alleviates Client of any right to claim any sort of compensation from Company.
20.5. Once this period has expired, Client shall no longer have any rights, of any type and form, against Company.
20.6. The document entitled Complaint Form, available in the members’ area, should be used for any complaint a Client may have. Client may complete the Complaint Form with all the information requested and may return the form to Company as mentioned in the specific document.
20.7. Clients shall contribute to the Company, in handling of Client’s claims, by providing Company Support Department with all the necessary information, including but not limited to the following:
- Client’s name and surname (for corporate Clients – Company name);
- Client’s Account login number;
- Date and time of the issue in the platform’s time zone;
- Tickets of orders and positions involved; and
- Detailed description of the issue.
20.8. Client has the obligation to avoid any kind of offensive vocabulary, intimidation, unsubstantiated accusations or emotional interpretation of anything related to Client’s claim or to the Company or its business.
- REJECTED COMPLAINTS
21.1. Company shall have the right, in its sole discretion, to decline Client claims on the lapsing of the
24-hour period after the occurrence of the relevant incident. Company may not accept claims not delivered to Company through the designated addresses mentioned in this Agreement.
21.2. Company shall have the right to decline Client’s claim or any of its arguments if the server log –
file record required for the examination of such claim or arguments does not exist.
21.3. Company has the right, in its sole discretion, to decline:
- Client claims related to execution period of any requests or orders;
- Client claims related to server maintenance work, if such work was previously announced at Company’s website not less than 48 hours before the server downtime.
- Client claims related to differences between rates quoted by Company and similar rates quoted by other companies or institutions (including rates of underlying assets), except for claims related to manifest errors in the Company’s data feed; and
- Client claims related to delays or interruptions of service or transmissions, or failures of performance of the server, regardless of cause, including, but not limited to, those caused by hardware or software malfunction; governmental, exchange or other regulatory action; war, terrorism, or Company’s unpremeditated acts.
- USE OF THE IT SYSTEM
22.1. Predominantly, Client shall transmit instructions to Company using the IT system provided. Company shall communicate with Client exclusively via the IT system. It will be Client’s responsibility to take all necessary actions to ensure that Client is able to access any communications that may be sent from Company.
22.2. Client is aware of the fact that using computers and the internet exposes Client to a number of risks including, in particular, the following:
- The possibility that an unauthorized third party might access Client’s Account;
- The possibility that the relationship between Client and Company might be revealed;
- The possibility that computer viruses might infect Client’s computer system without Client’s knowledge; and
- The possibility that third parties might send messages to Client claiming to represent Company.
22.3. Client undertakes to obtain full information and acknowledges that he is solely responsible for doing so, in respect of the risks to which he may be exposed and any necessary security measures he ought to have taken.
22.4. Company will not be liable for any loss suffered by Client resulting from the IT use, including in particular the actions of unauthorized third parties introducing themselves as the Client or the Company, transmission errors, transmission failures, technical faults, overloads, breakdowns (including but not limited to: maintenance activities due to the maintenance of IT systems), system downtimes, malfunctions, interference, attacks (e.g. hacking), blocked communications and networks (e.g. mail bombing) or other failures, regardless of who is responsible.
22.5. Client undertakes to notify Company immediately if it comes to Client’s attention that his system password is being used without authorization.
22.6. Client hereby assumes all liability arising in connection with technical access to Company’s services.
22.7. Client shall be responsible for acquiring, installing and configuring the appropriate hardware and software, in order to set up Client’s connection with Company’s online services. Company shall not be liable for any actions of the access provider and/or hardware that it has not supplied itself.
- RECORDING OF CONVERSATIONS
23.1. Client acknowledges, accepts and consents the fact that Company will record and/or produce a written record of telephone conversations, internet based conversations (chat) and meeting minutes between Company and Client.
23.2. Client allows Company to use these recordings or the transcripts of these recordings as evidence in relation to the investment services offered and to disclose such information as part of any litigation or expected litigation anticipated to arise between Client and Company.
23.3. Company may provide copies of such recordings of telephone calls to a regulatory authority of a competent authority, without informing Client.
23.4. Technical reasons could prevent Company from recording a conversation and the recordings or transcripts produced by Company will be destroyed in accordance with Company’s normal practice. Therefore, Client must not expect that these recordings will be available to him.
- RIGHT OF SET-OFF
24.1. Company shall have the right, at its discretion and without Client’s authorization, of a “set-off”
against Client’s claims, for all claims arising out of its relationship with Client. This right of set-off shall exist regardless of the expiry date of any claims, the currency in which they are denominated, and their nature.
- GENERAL PROVISIONS
25.1. The provision of services to Client is subject to all applicable laws, regulations, and other provisions or market practices to which Company is subject. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, this shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
26.1. This Agreement may be amended at any time by Company as may be applicable due to regulatory amendments, as well as internal policies. Clients are expected to monitor and ensure they are up to date with the latest amendments made; to this end, Company will ensure to have visible in its Business Terms, the date of the most recent amendments made. See also terms applicable in section “Acknowledgements” of this present Agreement.
27.1. This Agreement will be valid until its termination, as provided for below.
27.2. Company reserves the right to terminate the Agreement with Client at any time with immediate effect and without giving any reasons for this action. Company shall have the right to freely set the consequences of such termination for Client’s positions without incurring any liability. Company will no longer carry out any orders for Client upon termination of this Agreement.
27.3. It is at the discretion of Company to automatically terminate Trading Accounts with NIL balances that remain Dormant for a period of more than six (6) months without any further notification to be given to Client.
27.4. On termination, Company will pay Client any pending obligations owed to Client by Company.
27.5. Client has the right to terminate the Agreement by giving a written notice of at least seven (7)
business days, specifying the date of termination.
27.6. Client is obliged to pay any pending obligations towards Company, including but not limited to, any pending fee or amount payable to Company, any charge or expenses incurred or to be incurred as a result of the termination of this Agreement, as well as any other expenses that might arise during the settlement of the pending obligations.
27.7. Company has the right to subtract all above pending obligations from Client Account. The termination of this Agreement does not influence in any way the rights, contractual provisions, commitments, obligations and/or liabilities of either party.
- FORCE MAJEURE EVENT
28.1. Except as expressly provided in this Agreement, Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing our obligations under this Agreement where such failure, interruption or delay is due to:
- Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity or political crisis;
- Acts of God, earthquake, hurricane, typhoon, flood, fire, epidemic or other natural disaster;
- Labor disputes not including disputes involving Company’s workforce;
- Suspension of trading on a market, or the fixing of minimum or maximum prices for trading on a market, a regulatory ban on the activities of any party (unless Company have caused that ban), decisions of state authorities, governing bodies of self-regulating organizations, decisions of governing bodies of organized trading platforms;
- A financial services moratorium having been declared by appropriate regulatory authorities or any other acts or regulations of any regulatory, governmental, or supranational body or authority;
- Breakdown, failure or malfunction of any electronic equipment, network and communication lines (not due to the bad faith or willful default of Company), hacker attacks and other illegal actions against Company’s server and Online Trading System; and
- Any event, act or circumstances not reasonably within Company’s control and the effect of that event(s) is such that Company is not in a position to take any reasonable action to cure the default.
28.2. In the vent of force majeure, the affected Party must notify the other Party of the circumstances and of the events beyond its reasonable control within three (3) business days.
28.3. In the event of force majeure, we may suspend, freeze or close Client positions.
- GOVERNING LAW AND JURISDICTION
30.1. The relationship between the parties shall be governed solely by and construed solely in accordance with the laws of the Republic of Vanuatu and in particular to the CHAPTER 70 of the PREVENTION OF FRAUD (INVESTMENTS) QR9 of 1971/WR 3 of 1978 /Act 10 of 1988.
30.2. Nevertheless, Company reserves the right to initiate proceedings before any competent court or jurisdiction, including in particular the courts in the country of which the Client is a citizen or in which he resides.
31.1. Client declares that he has read, understood and accepted this Agreement in its entirety.
31.2. Client declares that he has read, understood and accepted the section entitled Risk Disclosure and has understood the warnings contained in this document.
31.3. By accepting this Agreement, Client declares that he has read, understood and accepted all the information provided in, or linked / directed to/by, this present Agreement as updated from time to time on Company’s website.
31.4. Client declares that he consents and agrees to direct advertising through cold calling by any means, including but not limited to, by phone, email, and facsimile.
31.5. Client declares that he is over 18 years of age and/or has full capacity (in case of legal entities)
to enter and be bound by this Agreement and that he is not prohibited by the legislation /
regulations of his country of residence to enter into this Agreement.
31.6. Client declares that all information provided in the “Account application form” is true, accurate, complete and not misleading and that he undertakes to inform Company of any changes that might occur to the data / information provided in the “Account application form”.
- COMPANY CONTACT DETAILS
32.1. Clients shall communicate with Company with the communication methods described within this Agreement and/or at the following:
BLUESTAR EQUITY GROUP LIMITED
Level 2, Alexander House, Silicon Avenue, Ebene Cybercity 72201
TELEPHONE: +678.25965, EMAIL: customerservice@bluestarFX.net