Ein Trader Werden

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Nachricht

Ich habe den Endnutzer-Lizenzvertrag und die Risikohinweise gelesen und verstanden.

My Private Trade SA (MPT) is an affiliate of Simray ASA (Simray), Norway. Simray acts as MPT clients counterpart in the User Agreement and are responsible for accepting orders and manage their funds. Simray also manage Myprivatetrade`s back office among other administrative tasks.
The following describes the terms, conditions and risks upon which Simray an MPT offers to you the customer (hereinafter 'you' or 'user' or 'customer' or 'trader' or 'agent' or 'investor' or 'client') access to its web site and the use of its online trading platform (hereinafter the 'agreement' or 'user agreement').
You are responsible for reading this document carefully and thoroughly and for making inquiries to Simray regarding any questions you may have. This document contains important information you need to know prior to investing with Simray.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement without modifications, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a customer of Simray.
According to the prevailing international money laundering laws, client must complete the following procedures before trading with Simray:
Read this electronic User Agreement carefully.
Click the 'I accept' button, the system will record the date and time of your consent. This will create a legally binding contract.
Complete the Account Opening Form with all relevant information. Incomplete or missing information in the Account Opening Form may cause unnecessary delay.
You should retain a copy of the User Agreement for your own record.
This agreement together with the Account Opening Form embodies the entire agreement of the parties, superseding any and all prior written and verbal agreements.
Your acceptance below acknowledges that you have carefully read, in its entirety, and understood this User Agreement and that you agree to all of the provisions contained therein. Your acceptance further represents warranties and certifies that the information provided by you in the Account Opening Form is correct and complete.
This agreement shall be continuous and shall cover, individually and collectively, all accounts of customer at any time opened or reopened with Simray, irrespective of any change or changes at any time in the personnel of Simray or its successors, assigns, or affiliates. This agreement, including all authorizations, shall inure to the benefit of Simray 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.
This agreement shall not be deemed to be accepted by Simray or become a binding contract between customer and Simray until the account application has been approved by Simray. Simray can at their discretion, refuse any individual or company the right to become a client and deny an existing client to continue trading with us. In the latter we will have the obligation to disburse the clients' funds.
For your own protection, you must keep your password confidential and must not disclose to third party. The client should be solely responsible if his/her password is being used by unauthorized person for unauthorized purposes.
After account opening, please advise us immediately on any changes in client information by editing your information in the “My Profile” section.

GOVERNING LAW, ARBITRATION AND COURT JURISDICTION
This agreement shall be governed by the laws of Norway, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Simray anywhere in the world.
If any part of this agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The parties recognize electronic and magnetic recordings as evidence when settling disputable matters, as in order to state any facts concerning the obligations for trading operations in the currency trading market.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than €30,000, you or Simray may elect to resolve the dispute through binding arbitration conducted in person, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Norwegian bar in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by the parties. 
Alternatively, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Oslo, Norway to settle any dispute, which may arise in relation thereto.

LIMITED LICENSE
Simray grants you a non-exclusive, non-transferable and limited personal license to access and use its web site and the use of its trading platform.
This license is conditioned on your continued compliance with the terms and conditions of this agreement.
You agree not to 'deep-link' to the web site, resell or permit access to the web site to others and not to copy any materials appearing on the web site for resale or for any other purpose to others.
For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the site and trading platform, made in breach of this section. You agree to use the information received from the information systems of Simray and MPT for the sole purpose of executing transactions inside and within the MPT web site and trading platform.
You further agree not to use any electronic communication feature of a service on the site or trading platform for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The license granted under this agreement will come to an end if Simray believes that any personal information provided by you, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this agreement and all rules and guidelines for each service.
Upon such violation, you agree to cease access to the services. You agree that Simray, at its sole discretion and with or without notice, may terminate your access to any or all services, and remove and discard any information or content within a service. 
INFORMATION ABOUT THE CLIENT
To help the government fight the funding of terrorism and money laundering activities, international law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
You hereby declare that the moneys invested in your account with the company do not originate from any criminal activity.
When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your passport, driver's license or other identifying documents.

PARTNER ACCOUNTS AND TRUST ACCOUNTS
If this agreement is executed by a trust, unincorporated association, partnership, custodian or other fiduciary, such customer hereby agrees to indemnify, defend, save and hold free and harmless Simray for any liabilities, claims, losses, damages costs and expenses, including attorneys' fees, resulting directly or indirectly from breach of any fiduciary or similar duty or obligation or any allegation thereof, including attorneys' fees.

CAPACITY 
Our services are available and may be used only by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our services are not available to persons under the age of 18 or otherwise under legal age. If you are under the age of 18, you may not use our service.
Client represents and warrants to Simray that he/she is of legal age and under no legal incapacity and as to he/she, that no one except the client has an interest in client's account or accounts with Simray except those persons indicated to Simray in this agreement. If the client is a business entity it asserts herein that it has been duly authorized to enter into this agreement. The client is not now (and shall advise Simray promptly if client becomes) an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange, any broker/dealer, an agent for any regulatory authority, or any bank or savings institution, or is in any way restricted from trading foreign currency contracts by virtue of employment or otherwise.
For avoidance of doubt, we shall not be responsible for any unauthorized use by minors of our services in any way or manner. Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via this site and have done so without relying on any information contained in this site. Without derogating from the above mentioned, we shall not be responsible to verify and/or check whether you neither possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience
Without limiting the foregoing, our services are not available where they are illegal to use, and the company reserves the right to refuse and/or cancel services to anyone at its own discretion.

LEGAL RESTRICTIONS
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the web site and trading platform. For avoidance of doubt, an actual possibility to access to our site does not necessarily mean that our services and your activities through it are legal under the laws, regulation or directive, relevant to your country of residency.
The MPT services does not constitute, and may not be used for the purposes of an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
Access to this web site, and the offering of financial contracts via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves about, and to observe, such restrictions.
Trading in foreign currency may constitute a taxable event. You know, understand and agree that Simray does not collect tax for any authority in any form or manner. Without limiting the foregoing, it is your obligation alone to calculate and pay all taxes applicable to you in your country of residence or otherwise as a result of your trading and agent activity using the services of the company.

COMMUNICATIONS
Reports, statements, notices and any other communications from Simray may be transmitted to customer by placement on MPT's website or any delivery service to customer's current address as reflected on Simray's records. Customer shall notify Simray immediately of any change in customer's address by editing his or her information in the “My Profile” section. All communications sent by Simray shall be deemed effective when deposited by Simray with any 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 Simray.

DISCLOSURE OF CUSTOMER INFORMATION
Simray 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 Simray's business conducted on behalf of customers, including, but not limited to, Simray's banking or credit relationships. Simray 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.
Any information you provide can be made available to Simray's contracted marketing providers which are bound by the confidentiality obligations at least as stringent as those offered by Simray to you as a client.

COMPANY'S RIGHTS
Simray and MPT reserves the right to suspend their operation any part or sections of it. In such an event, Simray may, at its sole discretion (with or without notice), close out the customers' open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the company in connection thereto.
Contract payouts shall be determined by Simray by reference to the values reported on the trading platform relevant to the Interbank trading data received by the company for currency rates, subject that Simray shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.

INDEMNIFICATION
Simray 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, 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 Simray, customer, any market, or any settlement or clearing system.
Client agrees to indemnify and hold Simray, its affiliates, officers, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney's fees, incurred by Simray arising out of client's failure to fully and timely perform client's obligation herein or should any of client's representations and warranties fail to be true and correct. Client also agrees to pay promptly to Simray all damages, costs and expenses, including reasonable attorney's fees and expenses, incurred by Simray in the enforcement of any of the provisions of this agreement and any other agreements between Simray and client
Should a quoting error occur due to a mistype of a rate or a misquote given electronic means (including responses to customer requests), Simray is not liable for any resulting errors in account balances and reserves the right to make necessary corrections or adjustments on the account involved. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value, as determined by Simray, in its sole discretion, of the relevant currency at the time such an error occurred. In cases where the prevailing market represents prices different from the prices Simray has posted on our screen, Simray will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the customer statements. This may or may not adversely affect customer realized and unrealized gains and losses.

COMMUNICATION DELAYS, ERRORS AND INTERRUPTIONS
You understand that while the internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the web site.
Simray shall not be liable for, and you agree not to hold or seek to hold Simray or any of its agents or service providers liable for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Simray does not represent, warrant or guarantee that you will be able to access or use the web site and the trading platform at times or locations of your choosing, or that Simray will have adequate capacity for the web site and the trading platform in any geographic location. Simray does not represent, warrant or guarantee that the web site and trading platform will provide uninterrupted and error-free service. 
Without limiting the foregoing Simray will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Since Simray does not control signal power, its reception or routing via internet, configuration of customer's equipment or reliability of its connection, Simray shall not be liable for any claims, losses, damages, costs or expenses, including attorneys' fees, caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility or trading software, whether belonging to Simray, customer, any market, or any settlement or clearing system when customer trades online. The client must be responsible for his own internet connection, since we don't have the ability to close a position over the phone.

FORCE MAJEURE
You agree that Simray will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any government or legal authority or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under this agreement, if this non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after this agreement was concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).

THIRD PARTY SOFTWARE
By investing with Simray the investor acknowledges that he/she has no legal claims against, and if any exist herein waives any legal claims based on any third party communication and their software or hardware employed by the investor for the analysis of foreign currency markets, trades to be executed thereupon or for the transmission of any such information or trades. This waiver includes, but is not limited to any claims that may have been proffered by said third party supplier concerning the capability, quality, past, present or future performance of the software or hardware in relation to the foreign currency market or about Simray itself.

AMENDMENTS
Customer understands, acknowledges and agrees that Simray may amend or change this agreement at any time without notice. Customer agrees to be bound by the terms of such amendment or change 10 days after such amendment. In the event that customer objects to any such change or amendment, customer agrees to liquidate customer's open positions and instruct Simray regarding the disposition of all assets in customer's account within 10 business days after the 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 Simray 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 Simray. Customer may terminate this agreement if customer has no open foreign currency positions and no liabilities held by or owed to Simray and customer has provided a written notice to Simray by e-mail. Simray 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.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY
All copyright, trademark, trade secret and other intellectual property rights in the Simray online trading system shall remain at all times the sole and exclusive property of Simray and customers shall have no right or interest in the trading system except for the right to access and use the trading system as specified herein. Customer acknowledges that the trading system is confidential to Simray and has been developed through the expenditure of substantial skill, time, effort and money. The customer will protect the confidentiality of Simray by allowing access to the trading system 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 system. Customer will not copy, modify, de-compile, reverse engineer, and make derivative works of the trading system or in the manner in which it operates.
All content, trademarks, services marks, trade names, logos and icons are proprietary of Simray, MPT or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the web site. You will not obtain any intellectual property rights in or any right or license to use such materials or the web site other than as set out in this agreement.
Images displayed on the MPT web site are either the property of, or used with permission by Simray. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Simray.
Nothing contained on the MPT web site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Simray or such third party that may own the trademarks. Your use of the trademarks or any other content of the web site, except as provided herein, is strictly prohibited.

DEPOSITS AND WITHDRAWALS
Before you can place an order with Simray, you must complete the Account Opening Form and read, complete and accept this User Agreement. You must deposit sufficient funds in your account, your customer account application must be accepted by Simray, your deposited funds must have cleared the banking system, and you must have completed trading with a demo account. You will be notified by e-mail when your customer account has been approved. 
No deposit shall be recognized until the wire has been fully cleared and collected by Simray's bank or credit card service provider.
Payments from a customer account require a withdrawal request submitted to Simray.
Withdrawal of funds from a client account might only be cleared when we have received proof of client's identity. Funds can only be wired to a bank account in the name of the account held with us.

SERVICES PROVIDED
Subject to the terms and conditions of this agreement and acceptance of customer's application to open an account with Simray, Simray will maintain one or more accounts in customer's name and will effect cash settled and physically settled transactions with and for customer in the international over-the-counter foreign currency (foreign exchange) markets on a spot basis, and provide such other services and products as Simray 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 Simray and customer shall be governed by the terms of this User Agreement, as amended from time to time.
An investment with Simray entails the opening of one or more customer accounts through which Simray will execute transactions involving the purchase and sale of spot contracts, foreign exchange transactions, which the investor approves and instructs Simray to undertake.
Simray will purchase and sell foreign currency contracts at the investor's instructions from the customer or the designated agents of the customer and pursuant to the terms of its account agreement. Simray will employ at its sole discretion any counter party including, but not limited to, itself as the investor's agent in connection with the execution, carrying, clearance, delivery and settlement of any purchase and sale of foreign currency contracts entered into on behalf of the investor.
Prior to the execution of a foreign exchange contract, an investor must deposit and maintain with Simray the amount margin required by Simray during the period that the contract is outstanding. Said margin sum may from time to time be changed. Further, a change may occur during the existence of an ongoing trade. Yet, notwithstanding any action the investor may take to correct a margin deficiency, Simray may take any trading action concerning the account it deems necessary to protect its interests.

POSITION AND TRADING LIMITS
Simray reserves the right to limit the number of open positions that customer may enter or maintain in customer's account. Simray reserves the right, in its sole discretion, to refuse to accept any order opening a new position or increasing an open position.
Simray may impose volume limits on customer accounts, at its sole discretion.

MARGIN REQUIREMENTS
Simray does not require customers to pay the full price of foreign currencies customer may buy and sell. Instead, customer is required to post a small percentage of the full amount which customer is obligated to pay to Simray under the contract, to secure customer's obligations to Simray. 
Margin includes required margin for open positions, which is based on the opening margin requirement;  the maintenance margin requirement; the market value of open positions; and any additional amount as Simray, in its sole discretion, believes is prudent to require. 
Generally, required margin for open positions is a sum equal to the greater of the initial margin requirement; or the initial margin requirement plus unrealized losses on open positions. Required margin for open positions also includes any additional amount, as Simray, in its sole discretion, believes is prudent to require.
Customer shall provide to and maintain with Simray margin in such amounts, in cash or other such forms, and within such limits as Simray, in its sole discretion, may from time to time require. Simray may at any time liquidate customer's account. Simray may withdraw funds from the customer's account without notice to ensure that posted margin equals or exceeds required margin and to satisfy any payment obligation to Simray, including fees and charges in respect of customer's account. In the event customer funds are held in a segregated account, funds applied as posted margin will be returned to the customer's account within three business days of settlement date of the exiting trade. 
Nothing herein, though, shall act to limit Simray's right to close out any and all open positions in any client account that may be subject to a margin call. Whether to close out any, all or none of the foreign currency positions in an under-margined account is in the sole discretion of Simray. It is the client's sole responsibility to maintain the proper margin as may from time to time be required by Simray. Client acknowledges herein that the proper method for determining same is for client to view margin requirements as posted on Simray's website and to use the Simray provided software to obtain access to client's account information as maintained by Simray in its financial server.
In the event that Simray is unable to notice client due to unforeseeable breakdown in electronic communications, Simray shall have the right to liquidate all or any part of client's positions at the market price then trading, without prior notice to the client without liability accruing to Simray for such protective actions. Further, whenever Simray deems it necessary or advisable for Simray's protection, Simray is authorized, at its sole discretion and without prior notice to client, to offset any positions in the account.
Margin requirements are subject to change without notice, and when issued shall apply to all new and existing positions. Margin requirements may vary between customers. Simray reserves the right to increase or decrease margin requirements on a per customer basis at Simray's sole discretion.
When an account becomes margin deficient, trading in the account is automatically disabled from opening any new positions. The account's ability to establish new positions remains disabled until sufficient margin has been deposited into the account or a sufficient amount of the currency is closed out in order to bring the account's equity balance above the initial margin level. Should the account enter into any new positions for whatever reason, while being margin deficient, Simray reserves the right to close out at its sole discretion and at the sole liability of the account, holder any currency positions that may have been initiated.

TRADE CONFIRMATIONS
Trades executed online will be confirmed online at the time of the trade. Reports of the confirmation of orders and statements of accounts for customer shall be deemed correct and shall be conclusive and binding immediately with respect to orders confirmed via the Simray online trading system. Customer may object to confirmations and statements, but any such objection must be confirmed by e-mail or in writing within 3 business days thereafter to. Failure to object shall be deemed ratification by customer of all actions taken by Simray or Simray's agents prior to customer's receipt of such confirmation. Customer's failure to receive a trade confirmation shall not relieve customer of the obligation to object as set out herein. Customer agrees to immediately call to Simray's attention any oral 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, and customer's account will be credited or debited in such manner and extent as to place customer's account in the same position in which it would have been had the error not occurred.

ORDER EXECUTION
All orders must be placed through the Simray online trading system.
Some of the types of orders Simray accepts include, but are not limited to:
Market order. An order to buy or sell the identified currency, or pairs of currencies, at the current market foreign exchange rate. Electronic order entry for market orders equals order execution. To enter an online order, customers enter the size of the trade, and select the eligible currency pairs. When prepared to trade, customer must then click on buy or sell. The order is filled shortly after the customer hits buy or sell if the customer has sufficient funds in his or her account and a 'deal failed' message is not received. Deals may fail for several reasons including changing dealer prices, insufficient margin or unanticipated technical difficulties.
Exit order. An order to buy or sell at a specified foreign exchange rate away from the current market for the purpose of liquidating an open position during market conditions in which there has been an adverse movement in foreign exchange rates.
An exit order to sell generally will be executed when the price equals or pass the rate specified in the exit order.

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