Professional Documents
Culture Documents
AGREEMENT
TERMS & CONDITONS OF BUSINESS
Contents
1. Introduction… ..........................................................................................2
2. Application and Commencement. ............................................................3
3. Client Acceptance Policy ......................................................................... 6
4. Client Categorization............................................................................... 7
5. Third Party Research & Content. ............................................................. 7
6. Services ................................................................................................... 7
7. Placement & Execution of Orders ...........................................................9
8. Price Errors ........................................................................................... 10
9. Client’s Accounts, Deposits and Withdrawals… .................................... 12
10. Inactive & Dormant Client Accounts… ...................................................14
11. Copy Trading… ....................................................................................... 14
12. Closure Of Positions ............................................................................. 18
13. Account Reporting & Trade Confirmation ............................................ 19
14. Methods Of Communications & Written Notes ....................................19
15. Conflict Of Interest… ............................................................................. 20
16. Events Of Default… ............................................................................... 20
17. Prohibited Actions… ............................................................................. 23
18. Amendments… ..................................................................................... 27
19. Advice & Commentary… ...................................................................... 27
20. Chargeback Policy… ..............................................................................29
21. Termination & Results of Termination…................................................ 29
1. Introduction
1.1 This Client Agreement (hereafter referred to as the “Agreement”) is entered by and
between OROKU EDGE or Oroku Edge LLC (hereinafter called the “Company” or
“us”) on the one part and the CLIENT, which may be a legal entity or a natural
person who has completed the Account Opening Application Form and has been
accepted by the Company as a Client (hereafter referred to as the “Client” and/or
“you”) on the other part.
1.2 The Company is incorporated under the laws of Saint Vincent and The Grenadines
with registration 1099 LLC 2021.
1.3 The Company is authorized as an International Business Company under the Limited
Liability Companies Act, Chapter 151 Of The Revised Laws of Saint Vincent And The
Grenadines, 2009 (hereafter referred to as the “Law”).
1.4 The objective of the Company are all subject matters not forbidden by International
Business Companies, (Limited Liability Companies) Act, Chapter 151 of the Revised
Laws of Saint Vincent And The Grenadines, in particular but not exclusively all
commercial, financial, lending, borrowing, trading, service activities and the
participation in other enterprises as well as to provide brokerage, training and
managed account services in currencies, commodities, indexes, CFDs and leveraged
financial instrument.
1.5 The Agreement shall be binding upon and shall inure to the benefit of the parties and
their permitted successors and assigns.
1.6 The Client by accepting the Company’s Agreement acknowledge, represents,
warrants and confirms the following:
1.6.1 I have made my own inquiries about OROKU EDGE and the Services to be
provided by it and decided to obtain from OROKU EDGE the Services and
such other services available at or provided by OROKU EDGE, and such
independently and of my own will and/or through private referral.
(d) that you have all necessary rights, power, and authority to enter into this
Agreement and to perform the acts required of you hereunder;
(e) that you are not a politically exposed person and you do not have any relationship
(e.g., relative, associate, etc.) with a person who holds or held during the last twelve
(12) months any public position;
(f) you are not an employee of a Listed Company
2.10 The Website and/or the Platform is NOT intended to provide legal tax or investment
advice. Any and all information on the Company’s Website and/or the Platform is
for educational purposes only and is not under any circumstance indented to
provide legal, tax or investment advice and no guarantee is represented from any
statements about profits or income, whether express or implied.
2.11 You are solely responsible for determining whether any investment, investment
strategy or related transaction is appropriate for you based on your personal
investment objective financial circumstances and risk tolerance. You should consult
your legal or tax professional regarding your financial situation.
2.12 OROKU EDGE shall not give advice to you on the merits of any Trade/Order and
shall deal with you on an “execution-only” basis. None of the Company personnel
are authorised by OROKU EDGE or permitted, as per the company’s license
condition, to give you investment advice or make investment recommendations.
Accordingly, you should not regard any written or oral communication from
OROKU EDGE as investment recommendations or advice or as expressing our view
as to whether a particular trade is suitable for you or meets your financial
objectives. You must rely on your own judgment for any investment decision you
make in relation to your account. If you require investment or tax advice, you
should contact an independent investment or tax advice.
6. Services
6.1 The Client is provided with Access Data to enable the Client trade in Financial
Instruments (i.e., CFDs) on the Company’s electronic Platform. All Orders placed on
the Platform are executed according to the Best Execution Policy and Policy to Act in
the Best Interest of the Client.
6.2 The Investment and/or Ancillary Services in relation to Financial Instruments provided
by the Company will only be provide to Clients that are over 18 (eighteen) years of
age, have full legal capacity and have no legal limitation for entering into a business
relationship and/or opening an Account with the Company.
6.3 Under these Terms, the Client may enter into transactions with the Execution Venue
in the following financial instruments:
6.3.1 CFDs on currencies, equities, cryptocurrencies, precious metals, financial
indices, future contracts and any other trading tools; and/or
6.3.2 Options, futures, swaps, forward rate agreements and any other derivative
contracts relating to securities, currencies, interest rates or yields, or other
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derivatives instruments, financial indices or financial measures which may be
settled physically or in cash; and/or
6.3.3 Options, futures, swaps, forward rate agreements and any other derivative
contracts relating to commodities that must be settled in cash or may be settled
in cash at the option of one of the parties (otherwise than by reason of a default
or other termination event); and/or
6.3.4 Options, futures, swaps, and any other derivative contract relating to
commodities that can be physically settled provided that they are traded on a
regulated market or/and an MTF; and/or
6.3.5 Options, futures, swaps, forwards and any other derivative contracts relating to
commodities, that can be physically settled and not being for commercial
purposes, which have the characteristics of other derivative financial
instruments, having regard to whether, inter alia, they are cleared and settled
through recognised clearing houses or are subject to regular margin calls; and/or
6.3.6 Options, futures, swaps, forward rate agreements and any other derivative
contracts relating to climatic variables, freight rates, emission allowances or
inflation rates or other official economic statistics that must be settled in cash
or may be settled in cash at the option of one of the parties (otherwise than by
reason of a default or other termination event), as well as any other derivative
contract relating to assets, rights, obligations, indices and measures not
otherwise mentioned in this Part, which have the characteristics of other
derivative financial instruments, having regard to whether, inter alia, they are
traded on a regulated market or an MTF, are cleared and settled through
recognised clearing houses or are subject to regular margin calls; and/or
6.3.7 Such other investments instruments agreed upon with the Company and
allowed under the Company’s Republic of Seychelles Investment Firm License.
6.4 It is agreed and understood that OROKU EDGE offers its Services in relation to
various Financial Instruments. However, the Client may be allowed to trade only in
one or some of those Financial Instruments.
6.5 The Client will, unless otherwise agreed in writing, enter into Contracts as Principal
with the Execution Venue. If the Client acts on behalf of a principal, whether or not
the Client identifies that Principal to the Company, the Company shall not be obliged
Oroku Edge 2021 Client Agreement | 8
to accept the said Principal as the Client, and consequently shall be entitled to accept
the Client as Principal in relation to the Contract.
6.6 The Prospective Client hereby acknowledges and agrees that any of the following
actions show his approval of the Agreement:
6.6.1 completing and submitting the online Account Opening Agreement and
clicking on the “I Accept” button or similar buttons or links as may be
designated by the Company on the Company’s Main Website(s); and/or
6.6.2 continuing to access or use the OROKU EDGE’s Main Website(s).
7.3 Once an instruction has been given by or on behalf of the Client, it cannot be
rescinded, withdrawn or amended without the Company’s express consent. OROKU
EDGE may at its absolute discretion refuse any dealing instruction given by or on
behalf of the Client without giving any reason or being liable for any loss occasioned
thereby.
7.4 OROKU EDGE shall not be liable for any loss, expense, cost or liability suffered or
incurred by the Client as a result of instructions being given, or any other
communications being made, via the Internet.
7.5 The Client will be solely responsible for all orders, and for the accuracy of all
information, sent via the Internet using the Client’s name or personal identification
number.
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7.6 OROKU EDGE will not execute an order until it has confirmed the order to the Client
and transmission of an order shall not give rise to a binding Contract between the
Execution Venue and the Client.
7.7 If the Company does not receive instructions from the Client to settle any open
Contracts by the close of the Business Day, the Company is hereby authorised (but
not obliged) to transfer all said Contracts to the next business date traded (Rollover).
7.8 OROKU EDGE will use reasonable efforts to execute an Order, but it is agreed and
understood that despite the Company’s reasonable efforts transmission or
execution may not always be achieved at all for reasons beyond the control of the
Company.
7.9 Orders may be placed within the normal trading hours of the Company, available on
its website and/or the Platform, as amended from time to time.
7.10 OROKU EDGE shall receive and transmit and/or execute all Orders given by the Client
strictly in accordance with their terms. The Company shall use its reasonable
endeavors to transmit or execute any Order promptly to the Client’s best interest
but in accepting his Order the Company does not warrant or represent that it will
be possible to transmit or execute the Client Order at all, or that execution of the
Order will be possible within the terms of his instructions (whether as to price or
size or any other condition).
7.11 The Client acknowledges understands, accepts and agrees herewith that the
Company will act as an agent on the Client’s behalf and will endeavor to find the
best Execution Venue (Liquidity Provider) for the execution of the Client’s Orders
placed with the Company by the Client for any Financial Instrument offered by the
Company.
8. Price Errors
8.1 A “Price Error” means an obvious misquote by OROKU EDGE, or any market,
exchange, price providing information source or official on whom we reasonably
rely, having regard to the market conditions at the time of a trade is place.
8.2 When determining whether a situation amounts to a Price Error, OROKU EDGE may
consider all information in our possession including, without limitation,
information concerning all relevant market conditions and any error in, or lack of
8.5 OROKU EDGE not be liable to you for any loss, cost, claim, demand or expense that
you suffer (including loss of profits or any indirect or consequential losses) resulting
from a Price Error, including where the Price Error is made by any information
source or from our decision to do anything under sub-clause 11.3 above, except to
the extent that it is caused by our own fraud, willful default or gross negligence.
8.6 If a Price Error has occurred and we choose to exercise any of our rights under sub-
clause 11.3, and if you have received any monies from us in connection with the Price
Error, those monies are due and payable to us with immediate effect, and you must
return an equal sum to us without delay.
may protect a proportion of Client Funds with any bank or third party.
9.7 OROKU EDGE shall have the right to request the Client at any time any
documentation to confirm the source of funds deposited into the Client Account.
9.8 The Company shall have the right to reject a deposit of the Client if the Company is
not duly satisfied as to the legality of the source of funds and resend them back to
the sender.
9.9 If the Client makes a deposit, the Company shall credit the relevant Client Account
with the relevant amount actually received by the Company (until 3.00 GMT) within
two (2) Business Days following the amount is cleared in the bank account of the
Company.
9.10 If the funds sent by the Client are not deposited in the Client Account when they were
supposed to, the Client shall notify the Company and request from the Company to
make a banking investigation of the transfer. The Client agrees that any charges of
the investigation shall be paid by the Client and deducted from his Client Account or
paid directly to the bank performing the investigation. The Client understands,
accepts and agrees that in order to perform the investigation the Client shall have to
provide the Company with the requested documents and certificates. Before
requesting an investigation from the Company, the Client shall ensure that an
investigation from the Client’s bank was performed to ensure that the error occurred
on Companies side.
9.11 OROKU EDGE shall make withdrawals of Client funds upon the Company receiving a
relevant request from the Client in the method accepted by the Company from time
to time.
9.12 Upon the Company receiving an instruction from the Client to withdraw funds from
the Client Account (until 3.00 GMT), the Company shall pay the said amount, if the
following requirements are met:
9.12.1 the withdrawal instruction includes all required information; and
9.12.2 the instruction is to make a transfer to the originating account (whether that is
a bank account, a payment system account etc.) from which the money was
originally deposited in the Client Account or at the Client’s request to a bank
Oroku Edge 2021 Client Agreement | 13
account belonging to the Client; and
9.12.3 the account where the transfer is to be made belongs to the Client; and
9.12.4 at the moment of payment, the lowest value between the Balance and Equity
exceeds the requested amount AND if such withdrawal would not cause the
Margin Level to drop below 150 %; and
9.12.5 there is no Force Majeure event which prohibiting the Company from effecting
the withdrawal.
9.13 OROKU EDGE process client’s withdrawal request within 1-3 working days from
(11.00 am to 11.00pm) (GMT+8).
9.14 It is agreed and understood that the Company will not accept third party or
anonymous payments in the Client Account and will not to make withdrawals to
any other third party or anonymous account.
9.15 OROKU EDGE reserves the right to reasonably decline a withdrawal request of the
Client asking for a specific transfer method and the Company has the right to
suggest an alternative.
9.16 All payment and transfer charges of third parties will be borne by the Client and the
Company shall debit the relevant Client Account for these charges.
9.17 Expert advisor is not allowed for all account type, Standard, ECN, Cent and other
future promotional account. OROKU EDGE will block and terminate your trading
account if we detect any suspicious or any script leads to manipulation, churning,
scalping robot, and others. Client’s funds, deposit and profits are not refundable.
14.4 Communications may be made to the Company at the address and telephone
number notified to the Client for this purpose and shall be considered to have
been duly made only upon their actual receipt by the Company.
14.5 The Client may alter his/ her communication details by written notice to the
Company.
16.1.6 OROKU EDGE reasonably suspects that the Client performed Abusive Trading,
as defined herein; and/or
16.1.7 OROKU EDGE reasonably suspects that the Client opened the Client Account
fraudulently; and/or
16.1.8 OROKU EDGE reasonably suspects that the Client performed forgery or used a
stolen card to fund his Client Account; and/or
16.1.9 the Client’s IP sends massive requests on the server which may cause delays in
the execution time; and/or
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16.1.10 the Client commences a voluntary case or other procedure seeking or proposing
liquidation, reorganisation, an arrangement or composition, a freeze or
moratorium, or other similar relief with respect to him or to his debts under any
bankruptcy, insolvency, regulatory, supervisory, or similar Law (including any
corporate or other Law with potential application to an insolvent party), or
seeking the appointment of a trustee, receiver, liquidator, conservator,
administrator, custodian, examiner, or other similar official (hereafter each
referred to as a "Default Official") of the Client or any substantial part of his
assets; or take any corporate action to authorise any of the foregoing, and, in
the case of a reorganisation, arrangement, or composition, we do not consent
to the proposals; and/or
16.1.11 the Client commences an involuntary case or other procedure is commenced
against him seeking or proposing liquidation, reorganisation, an arrangement or
composition, a freeze, or moratorium, or other similar relief with respect to the
Client or his debts under any bankruptcy, insolvency, regulatory, supervisory, or
similar Law (including any corporate or other Law with potential application to
an insolvent party) or seeking the appointment of a Default Official of the Client
or any substantial part of his assets, provided that it shall not be an Event of
Default for any such case or procedure to be commenced against the Client, if
the case or procedure is withdrawn, dismissed, discharged, stayed, or
restrained, in each case within 15 days of the commencement thereof; and/or
16.1.12 the Client dies, becomes of unsound mind, becomes unable to pay his debts as
they fall due or become bankrupt or insolvent, as defined under any bankruptcy
or insolvency Law applicable to the Client; or any indebtedness on the Client’s
part is not paid on the due date thereof, or becomes capable at any time of being
declared due and payable under agreements or instruments evidencing such
indebtedness before it would otherwise have been due and payable; or any suit,
action, or other proceedings relating to this Agreement are commenced for any
execution, attachment, garnishment, or distress against or an encumbrance
takes possession of the whole or any part of your property, undertaking, or
assets (tangible and intangible); and/or
16.1.13 the Client becomes dissolved, or if the Client’s capacity or existence is
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dependent upon a record in a formal register, the registration is removed or
ends, or any procedure is commenced seeking or proposing the Client’s
dissolution or his removal from such a register or the ending of such a
registration;
16.1.14 the Client fails to make any payment when due, or to make or take delivery of
any Assets when due, or to observe or perform any other obligation of this
Agreement or any Transaction in accordance with this Agreement, and such
failure continues for one Business Day after notice of non-performance has been
given by the Company to the Client; and/or
16.1.15 any representation or warranty made, given, or deemed made or given by the
Client under this Agreement or in connection with any Transaction in
accordance with this Agreement, proves false or misleading in any material
respect as at the time it was made, given or deemed to be made or given; and/or
16.1.16 the Client fails to pay any Margin Call demanded by the Company under the
terms and conditions of this Agreement or any other agreement between the
Client and the Company within the time specified in such demand. For the
avoidance of doubt, notice of non- performance shall not be required for such
failure to constitute an Event of Default
16.2 If an Event of Default occurs the Company may, at its absolute discretion, at any
time and without prior Written Notice, take one or more of the following actions.
16.2.1 terminate this Agreement immediately without prior notice to the Client; and/or
16.2.2 cancel any Open Positions; and/or
16.2.3 temporarily or permanently bar access to the Platform(s) or suspend or prohibit
any functions of the Platform(s); and/or
17.1 use, without the prior and written consent of the Company, of any
software/system (e.g., Expert Advisor(s) and/or any automated data entry
system), and of any software/system, which applies artificial intelligence
analysis to the to the Company’s systems and /or Platform(s) and/or Client
Account; and/or
17.3 use any type of spider, virus, worm, Trojan-horse, time bomb or any other
codes or instructions that are designed to distort, delete, damage or
disassemble the Platform(s) or the communication system or any system of the
Company; and/or
17.4 send any unsolicited commercial communication not permitted under
applicable Law or Applicable Regulations; and/or
Oroku Edge 2021 Client Agreement | 23
17.5 do anything that will or may violate the integrity of the Company computer
system or Platform(s) or cause such system(s) to malfunction or stop their
operation; and/or
17.6 unlawfully access or attempt to gain access, reverse engineer or otherwise
circumvent any security measures that the Company has applied to the
Platform(s); and/or
17.7 any action that could potentially allow the irregular or unauthorized access or
use of the Platform(s); and/or
17.8 send massive requests on the server which may cause delays in the execution
time; and/or
17.9 do any acts which may be considered as Abusive Trading, in accordance with
the definitions contained herein; and/or
17.10 The Client is not allowed to enter into any form of prohibited trading i.e. certain
trading techniques commonly known as "arbitrage trading", "picking/ sniping"
or the use of certain automated trading systems or “Expert Advisors”; and/or
follow an abusive trading strategy i.e. any trading activity which is aiming
towards potential riskless profit by opening opposite orders, during periods of
volatile market conditions, during news announcements, on opening gaps
(trading sessions starts), or on possible gaps where the underlying instrument
has been suspended or restricted on a particular market, between same or
different trading accounts. The Client agrees and acknowledges that if the
Company considers that the Client has been acting in any of the manners
described above; the Company may at its sole discretion and without prior
notice to the Client, take one or more, or any portion of, the following actions.
17.11 Both Parties hereby acknowledge and agree that where the Company
reasonably suspect that the Client has violated any of the terms of clause 17
herein in the Agreement; the Company is entitled to take one or more of the
counter measures of this Client Agreement.
17.12 All type of manipulation including:
17.12.1 Money Laundering The concealment of the origins of illegally obtained
money, typically using money transfers involving foreign banks or
legitimate businesses. Evidence that would tend to show the potential
Oroku Edge 2021 Client Agreement | 24
of this would include depositing and withdrawing funds without
trading, providing false contact information and providing false
documentation.
17.12.2 Arbitrage describes any trading result that is the outcome of actions
that either eliminate the risk totally or significantly, usually abusing
features provided by the Company.
17.12.3 Use of Unsuitable Documentation is required to be provided by every
client proving their identity and permanent residential address.
Additionally, verification of a payment method, such as a credit card,
may also be required. Unsuitable documentation may include fake,
forged or altered documentation, which extends to alterations made
physically or with alterations made by a computer to a photograph or
scan.
17.12.4 Hedging in bad faith Hedging is a strategy used in limiting or offsetting
the probability of loss from fluctuations in the prices of commodities,
currencies, or securities. In effect, hedging in bad faith is the
employment of various techniques but, basically taking equal and
opposite positions in the same Financial Product or a Financial Product
highly correlated at near the same time, indicating no interest in
18. Amendments
OROKU EDGE reserves the right to amend provisions herein at any time by providing a
written notice to the Client where required by relevant laws and regulations. Such
changes
will become effective on the date specified in the notice, which will be at least one
week after the Client is notified by email or any other appropriate means, unless any
relevant law, regulation, rule or action of any applicable government or regulator
requires otherwise.
19.4 The Client accepts that prior to dispatch, the Company may have acted upon it
itself to made use of the information on which it is based. The Company does not
make representations as to the time of receipt by the Client and cannot guarantee
that he will receive such information at the same time as other clients.
19.5 It is understood that market commentary, news, or other information provided or
made available by the Company are subject to change and may be withdrawn at
any time without notice.
19.6 The Client understands, accepts and agrees herewith that the Services provided by
the Company do not include the provision of investment advice. Any investment
information as may be announced by the Company to the Client does not constitute
investment advice but aims merely to assist him in his investment decision making.
19.7 The Client acknowledges, understands, accepts and agrees herewith that he is
solely responsible for any investment strategy, transaction or investment,
composition of any account and taxation consequences and he shall not rely, for
this purpose on the Company.
19.8 The Client acknowledges, understands, accepts and agrees herewith that the
Company shall bear absolutely no responsibility, regardless of the circumstances,
for any such investment strategy, transaction, investment and/or information.
Oroku Edge 2021 Client Agreement | 28
20. Chargeback Policy
20.1 The Client shall have the right to file a complaint for a belief that a fraudulent
transaction was committed. The Company shall then investigate to determine
whether the alleged transaction was fraudulent.
20.2 The Client acknowledges that the Company reserves the right to charge the Client
a “150 USD research fee” to conclude the investigation.
20.3 OROKU EDGE will not accept any form of fraud including but not limited to credit
card fraud. The Company shall conduct full investigations and pursue all the
losses it might incur under the law.
20.4 OROKU EDGE will conduct court proceedings and will claim any losses incurred
covering all business, legal fees, research costs, human resource, and loss of
income.
20.5 OROKU EDGE maintains systems which monitor fraudulent activities. Any
transactions detected are immediately cancelled along with any orders
associated with the transaction.
20.6 OROKU EDGE maintains a database of blacklisted users which are banned from trading.
21.5 Both Parties hereby mutually agree that upon Termination any or all the following
may apply:
• the Company has the right to combine any Client Accounts of the
Client, to consolidate the Balances in such Client Accounts and to
set off those Balances; and/or
• the Company has the right to close the Client Account(s); and/or
• the Company has the right to convert any currency; and/or
• the Company has the right to close out the Client’s Open
Positions; and/or
21.6 OROKU EDGE may terminate this Agreement immediately and subject to the
terms of clause 16.2. herein and not limited to the following cases:
• where Client violates and/or breaches any part and/or term
within this Agreement and/or any documentation that forms part
of this Agreement provided by the Company to the Client; and/or
• where there is involvement from the Client in, but not limited to,
any criminal and/or fraud and/or illegal action and/or omission
whether against the Client and/or in turn adverse implications to
and/or involvement of the Company deriving from and/or is
linked in connection with the Client’s involvement and/or in
which it places the Company’s interests and/or any Company’s
Clients interests at risk prior to terminating the Agreement;
and/or.
• should any application be made and/or any order is issued and/or
a meeting is convened and/or a resolution is approved and/or any
measures of bankruptcy and/or winding up of the Client are
taken; and/or