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Terms and Conditions

These Terms and Conditions are entered by and between the Company Agatha Limited (as defined thereafter) and the Client (as defined thereafter) and shall govern their legal relationship until its dissolvement in accordance with the following:
 

1. Preface

1.1. Using, browsing, visiting or registering to any part of Teramusu.com website (including subdomains) or any other websites or applications owned by Teramusu.com (the "Website") (such user, browser or visitor shall be defined the "Client") the Client agrees to be legally bound by these Terms and Conditions and the Company's Privacy Policy (together the "Terms") and shall be deemed to have accepted and understood the Terms. The client hereby agrees that he read the Terms, understood, accepted and agreed to be bound by them. The Company strongly advises the Clients to fully read the Terms. In case the Client does not agree to the Terms, he shall not use the Website or any of its services or any other services provided by the Company.

1.2. The Company may change, from time to time and at its sole discretion, the Terms. Should the Client reject such change, the client shall cease using the Website and will delete his account. Should the Client keep on using the Website in a later date to a change to the Terms, the client shall be deemed as accepting those changes to the Terms.

1.3. The client shall make sufficient inquires whether accessing and/or using the Website is compliant with the applicable law in his jurisdiction and such use shall be deemed by the Company that online trading is not illegal in the Client's residing territory. Any other claim shall be considered as void and null.

1.4. TeraMusu manages and operates by Arumas Ways OÜ, Roosikrantsi 2K 157, Tallinn city, Harju county, 10119, Estonia, under agreement with Agatha Limited, address 8 Copthall, Roseau Valley, 00152 Commonwealth of Dominica.

1.5 In providing access to online trading services via teramusu.com, the Company shall act in a honest, fair and professional manner for the best interests of its client and subject to the Terms while remaining fully liable to the Client.

2. Accounts

2.1. Applicants

The use of the Website and its services is permitted for applicants who are 18 or older. The Company, at its sole discretion, will ask for documentation and/or other means of identification and proofs for verifying the Client's age. The Company, at its sole discretion, shall suspend and/or delete the Client's account until the Company has been fully satisfied, at its sole discretion, with the documents presented by the Client.

2.2. Accounts

2.2.1. The Client shall set his own user name and password combination, unless they are not compatible with the Company's system requirements. The Client shall keep his user name and password confidential and shall not pass it to any other party. The Client shall bear the sole responsibility and liability for all the positions taken via his account and for all his decisions, choices, activities, omissions, refraining from acting and any other actions in relation to the account.

2.2.2. Should the Client have a reason to believe that his user name and/or password have been compromised and/or revealed by any third party, the Client shall upon gaining such knowledge change his user name and password through the Website.

3. Software and Technology

3.1. The Client has a personal recoverable right to use the software presented in the Website only for reasonable and lawful purposes and for executing actions for using the Website services. The Client shall not make any other use of the Website.

3.2. The Company shall not be liable in any case should the Website, or parts of the Website, be unavailable at any time and for any period. The Company reserves the right to make changes, corrections and/or alterations to the website and/or suspend, discontinue and/or halt parts of the Website and its services, the Content, products and/or access.

3.3. The Client shall not misuse and/or misappropriate the Website by the means of introducing viruses, Trojan horses, worms, logic bombs or any other form of material, digital or otherwise, that is or might be malicious or harmful to the Website and its related technologies. Furthermore, the Client shall not access, damage or disrupt the Website, or any of its parts, and/or any equipment or network related to the Website or to any other third party. The Client shall not attack the Website via, among others, denial-of-service-attack. The Company shall not be liable to any loss or damage caused by a distributed denial-of-service attack, viruses or any other harmful and disruptive material that might infect the Client's digital, or otherwise, equipment, programs, data or any other material due to the use of the Website, software or due to the Client downloading any material from the Website or from any website linked to it.

3.4. Account Suspension and Termination

3.4.1. The Client will terminate his account only by a written notice to the Company through Contact Us page, sent 30 days in advance. The client will not be able to terminate his account before the full payment of all outstanding fees and charges, as applicable, by the Client.

3.4.2. The Company reserves the right, at its sole discretion, to deactivate, suspend, terminate and/or activate the Client's account at any time and for any reason. Furthermore, the Company shall be entitled, at its sole discretion, to close, delete or suspend a Client's account due to the following:

a. The Client is bankrupt.

b. The Company reckons, at its sole discretion, that the Client has used the Website in a fraudulent manner and/or for unlawful or inappropriate purpose.

c. The Client violated the Terms.

d. The Company reckons the Client unfairly used the Website and/or deliberately misled, cheated or took unfair advantage of the Company and or any of its Clients and customers.

e. The Company is asked to do so by any authorized party.

3.4.3. Should the Client choose to close or suspend his account for the reasons mentioned in clauses a-d above, the client shall be liable and carry the responsibility for any and all claims, losses, liabilities, damages, costs and expenses whether any of them were directly or indirectly incurred by the Company or transpired by it and the Client shall indemnify the Company, its subsidiaries, directors, employees and any other party on the Company's behalf harmless on demand for such claims. Furthermore, the Company shall be entitled to withhold and/or retain any and all amounts and sums that would otherwise have been paid or payable to the Client, including any winnings, gains or bonus payments.

3.4.4. The Company reserves the right to suspend, close and/or terminate the Client's account should the Client has not met with all compliance requirements for Client's verification, as they may change from time to time.

4. Clients

4.1. The Client shall bear the sole and full responsibility for any and all damages caused by the Client's inappropriate and/or illegal acts or failing to act in his account made by him or by a third party who have done so by using the Client's account.

4.2. The Client shall bear the sole and full responsibility for any decision, action or refraining from action that is based or relied on the Content presented at the Website as defined in paragraph 7.1 to the Terms. The Client acknowledges that the information, textual or otherwise, presented at the Website by the Company or any other third party does not constitute financial advice and/or recommendation to take or to refrain from action in regard to investments. The Client is strongly encouraged to search on his own for more information prior to making any investment. The Company and its directors, shareholders, staff, employees, affiliates and/or any third party associated with the Company shall not be liable and/or responsible for any legal action or plea for providing the Content or for any decision based on the Content.

4.3. The Company shall not bear any responsibility for any losses of any kind due to transactions carried out on the Website and/or the Company's platform.

5. Risk Disclosure

5.1. Trading on the financial markets and online trading are speculative investments, carrying a significant risk. The client, by using the Website, acknowledges that he fully understands that minor and minute changes in market prices and values occur during certain time frames and that they may result in significant losses or profits that will be carried by the Client.

5.2. The Client acknowledges and understands that there is no scheme that guarantees profits from online trading transactions or from any other investment transactions. The Client is advised to avoid dangerous risks and not to invest funds that are meant for the Client's wellbeing or survival. The Client shall solely carry the responsibility for determining whether online trading fits his financial resources.

5.3. The Client further acknowledges that:

5.3.1. The Website offers high risk transactions,

5.3.2. The Client understands the risks involved with online trading and he is solely responsible for his transactions,

5.3.3. By using the Website, the Client accepts the aforementioned risks related to online trading,

5.3.4. The client read the Terms and comprehends the possible results and consequences of both successful and unsuccessful online trades,

5.3.5. The Company advises that the Client would consult a legal advisor and/or a tax consultant prior to making any online transaction and prior to using any of the Website's services.

6. Funds

6.1. Deposits & Withdrawal

6.1.1. The Client shall deposit money in his account prior to any trade on the Website. Prior to any withdrawal, the Client shall comply with the Company's compliance procedures as regulated by the Terms.

6.1.2. The Company's withdrawal process is executed in accordance with anti-money laundering regulations, as applicable, and the relevant regulation that transpires from them. The Company makes withdrawals via wire transfer and/or credit card. The minimum amount for a wire withdrawal is USD 250, the maximum is USD 50,000. For any other method of withdrawal, the minimum amount is USD/EUR/GBP 100, there is no maximum limit. The Client may fund his account via up to two credit cards. The Company shall not accept more than two credit cards for funding the Client's account.

6.2. Bonuses and Non Deposited Funds

Funds appearing on the Client's account include agreed upon or voluntary bonuses and promotions.

6.2.1. The Company may offer, from time to time, various bonus schemes that might be available to a certain or all types of accounts and/or deposited sums.

6.2.2. Any sum that has not been directly deposited by the Client or gained by the Client by trading on a sum that was already deposited by the Client prior to such trade shall be defined as "Non Deposited Funds".

6.2.3. The Client acknowledges that Non Deposited Funds are not available for withdrawal unless (i) explicitly agreed between the Client and the Company prior to the relevant trade; and/or (ii) certain conditions are met, including the following:

a. A minimum volume of trading was met: (bonus + deposits) X 40;

b. The Client signed a special bonus Terms and Conditions Confirmation

c. Notwithstanding the aforementioned, should the Client receive any bonus that is equal or greater than 25% of the Client's outstanding deposit, then all Non-Deposited Funds and all profits in the account shall not be withdrawable unless and until the Client has met the prerequisite (e.g. reached the minimum requested trading volume, usually number of lots traded as indicated with regards to the respective user, bonus or account as stated in the following Bonus Policy)

6.2.4. Bonus Policy

a. The Company provides the Clients generous welcome bonuses and promotional offers to new and old Clients. All the available bonus offers and credits are part and parcel of the Company’s promotional system of offerings and will be or will be not provided at its sole discretion.

b. All promotions featured on the Website are time limited and the Company encourages the Clients to contact their account manager for details about the duration of any promotional offer.

c. Email promotional offers will be governed by the Terms and Bonus Policy or will be governed by specific terms and conditions as stipulated in such email promotional offer.

d. Bonuses and promotional offers shall not be available before they've been credited to the Client's account. To be eligible for a bonus or a promotional offer, the Client will meet all requirements including in terms of deposit amount and regulations.

e. The Company notes the Client that bonuses shall be redeemed only after the Client met the trading volume requirements.

f. Trading volume requirements shall be defined as the Client's own money in trading account that reflects a minimum of 40 times of the bonus amount during 120 consecutive days. That period shall commence on the date the Client received his first bonus credits. The wagering requirements that are generated as a result of currency trading will be expressly excluded and will not be considered as a valid turnover for the purposes of clearing your wagering requirements.

g. Should the Client qualify for multiple bonuses, due to promotional offers, the trading volume requirements shall be met for each one of them. This takes place from the date that the applicable credit for that bonus is given. Please note once again that turnover that is generated as a result of currency trading will expressly be excluded and will not be considered as a valid turnover.

As a case in point:

If the Client deposits $500 and the Client receives a $500 welcome bonus, and then the Client makes a second deposit of an equal amount and receives an equal additional bonus, the following holds true:

In this case, the first $20,000 in trading volume will only count for the initial bonus, while the $20,001 - $40,000 trading volume will be applicable to the second bonus only.

h. Should the Client withdraw any funds from his account before redeeming all his bonus credits as stipulated in these Terms, the Client will waive his rights to the bonus credit and all of the associated profits generated as a result of receiving that bonus. All profits and credits received by the Client will be withdrawn from your account.

As a case in point:

If the Client deposits $500 and receives a $500 bonus offer from the Company, and has subsequently reached a trading volume of $10,000 and generated $500 in profit. Please note that with this trading volume the minimum trading volume requirement of $20,000 has not been reached yet, and the Client will not qualify for the $500 profit that has been generated.

The available balance for online trading at Teramusu.com is $1500

The available balance for withdrawal purposes is $500

Should the client wish to withdraw $500, the account balance subsequent to this withdrawal will be zero.

i. The Company shall be the sole and whole responsible party for determining the validity of a trading activity at its sole discretion on top of the Client's compliance with the requirements, as changed from time to time, and to the Client's eligibility for a promotional bonus.

j. Under no circumstances will the total bonuses or the refunds that the Client receives exceed the initial deposit the Client made into his account at Teramusu.com.

k. Should any additional requirements, terms or conditions be applicable to any specific promotion or bonus offer, these will be added at the Company's sole discretion.

l. Any promotional offer or bonus package offered to the Client shall be effective starting on the date mentioned in an e-mail or on the Website.

m. Should the Client not be applicable to any bonus scheme, the account balance shall be available for withdrawal and the Client could use it for trading. Should the client is eligible for a bonus that hasn't been cleared, the available balance represents the trading amount available for online trading activity.

If the Client deposits $500 and receives a $500 welcome bonus, and the Client reaches a $20,001 trading volume, as required by the terms stated above, the following will occur:

- The terms of the bonus have been met as the trading volume requirement is $20,000. Therefore, the available balance for withdrawal purposes is $1000.

- If profits where generated during the trading volume they are also approved for withdrawal.

If the Client deposits $500 and receives a $500 welcome bonus, and the Client reaches a $10,000 trading volume while losing $500, the following will occur:

- The terms of the bonus have not been met as the trading volume requirement is $20,000. Therefore, the available balance for online trading is $500 and there is zero available for withdrawal purposes.

If the Client makes a deposit of $500 and then receives a $500 welcome bonus, and subsequently reaches the $10,000 trading volume requirement and generates $500 in profit, the following is true:

- The bonus terms and conditions vis-a-vis trading volume have not been met at $20,000. In this case, the available balance for online trading is $1,500 and the available balance for withdrawal purposes is $500.

If the Client deposits $500 and receives a $500 welcome bonus and subsequently reaches the $10,000 trading volume and then loses $300, the following holds true:

- The wagering requirements for the bonus to clear have not been met since this figure would be $20,000. The available balance for online trading will be $700 and the money available for withdrawal purposes is $200.

n. The bonus amounts stated above are written in USD for demonstration proposes only. Please note that the same logic applies for all currencies.

6.2.5. By accepting a bonus or any other Non-Deposited Funds, the Client confirms that he had read and had agreed to abide by the terms and conditions stipulated on the Website bonus policy page.

6.3. Fees

Should an account remain inactive for a period of more than three months, the account will be automatically categorized as "Dormant Account". The Company shall charge a monthly fee of USD 99 for a Dormant Account that will be deducted from the Client's account.

6.4. Online Trading Instruments

6.4.1. Roll Forward

The Company shall offer, from time to time and at its sole discretion, the abovementioned online trading instrument to all or some of the Company's Clients. This instrument allows the Client to extend the expiry time of a purchased financial instrument. Those Clients will be able to prolong the expiry time to the next available time slot, provided by the Company. The Company will charge an extra fee for this instrument through the Client's account. All other terms of this instrument will not change inter alia return rate, cost of instrument and type of instrument (Put or Call).

6.4.2. Take Profit

The Company shall offer, from time to time and at its sole discretion, the abovementioned online trading instrument to all or some of the Company's Clients. A Client that chooses this instrument can close the trade prior to expiry time and will guarantee a return on this instrument. The Client shall pay a premium to the Company for this instrument through the Client's account.

6.4.3. One Touch

The conditions set in this clause 6.4.3 shall govern One Touch instrument and will supplement the Terms and shall not override them. One Touch instrument applies as follows: The Client will be eligible for receiving a predetermined payout if the price of an underlying asset would reach a pre-agreed bar during a pre-agreed time frame between the purchase of this instrument and the expiry time of this instrument under the following conditions.

All One Touch instruments expire the first Friday after their purchase. At 05:00 PM GMT every day, the trading platform surveys the system to verify that the asset has reached the target level. In case the asset met its target by 05:00 PM GMT on any day the trade is still active, the Client will make a profit. The Client may purchase One Touch instruments only between 00:00 GMT and 01:00 PM GMT Monday-Friday. During the weekends One Touch instrument is available for purchase between Friday at 09:00 PM GMT until Sunday at 07:00 PM.

The Company brings to the Client attention that the potential profit or loss are known to the Client prior to opening a trade. This instrument might be available only units and price units as stipulated at the Website. In case the Client is eligible for predetermined payout, the payout will be transferred to the Client's account on the date of expiry, even if the profit has been realized before the time of expiry.

The Company reserves the right to set a limit, at its sole discretion, on the number of investments available for this instrument or the number of units available for purchase. Furthermore, the Company shall, at its sole discretion, change this instrument's price, halt, suspend or stop offering it to Clients or alter the offered profits at any time. The Client will not, in any case, cancel the purchase of this instrument.

7. The Website

 

7.1. Information and Content

The Client shall not make any other use of the information and the Content provided at the Website except for personal use. The Client shall not distribute the Content or exploit it for commercial purposes. The Client acknowledges that the Company does not warrant uninterrupted provision of the Content, its accuracy or any future results obtained through its use. The Content does not constitute as financial advice and/or financial recommendations and it is solely provided as an informational service. The Client shall not rely on the Website's Content and will act at his sole discretion and at its own risk.

7.2. The Client's Devices

The type and quality of the Client's digital devices and internet connection may affect how the Website performs. The Company does not guarantee flawless, uninterrupted, accurate and bugs free operation of the Website and its services. The Company shall not be liable for any failure or any other issue that transpires from the Client's digital devices, internet connection or internet providers.

7.3. Fair Use

7.3.1. The Website provides online trading services to its Clients. The Client shall use the Website and its services for that purpose and for no other purpose.

7.3.2. The client shall not use the Website for illegal, defamatory, abusive or obscene purposes or for any purpose the Company may regard as discriminatory, fraudulent, dishonest or unacceptable.

7.3.3. The Company shall pursue criminal and civil sanctions against any Client involved in fraudulent, dishonest or criminal activities through the Website or in connection with the Website and its services. The Company shall withhold payments of any kind to the Client, whom the Company suspects acted in one of the abovementioned manners. The Client shall indemnify the Company and shall be liable to pay to the Company on its first demand including all costs and expenses related to claims, demands, damages, lawsuits or any of the kind that directly or indirectly transpire from a Client's fraudulent, dishonest or criminal act.

7.4. The Website & IT

7.4.1. The Client shall use the Website only for the use of the products made available by the Company and as applicable by law.

7.4.2. The Company grants the Client a personal, non-exclusive, non-transferable right of usage of the Website for the sole purpose of online trading via the Website under the following terms:

a. The Website is provided "as is" free of warranties, conditions, undertakings or representations whether legally expressed, implied or otherwise.

b. The Company excludes from the usage of the Website any implied terms, conditions and warranties, including its merchantability, quality and fitness for any particular purpose.

c. The Company does not warrant that the Website will meet the Client's expectations, that the Website will be available free of interruptions and that any defect in the Website will be fixed.

7.4.3. The Company shall not be liable, should for any reason whatsoever the Website will be unavailable for use for any length of time. The Company reserves the right to make changes and alterations to the Website in addition to suspending and/or discontinuing any parts of the Website and its content, services or products including the Client's access to the Website.

7.5. Intellectual Property

The Website, and all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, url addresses, technology, documentation, interactive features and related services (and any derivative works or enhancements of the same) (collectively, the "Content") and all intellectual property rights to the Content are owned by the Company and/or by third parties. The Terms shall not grant the Client any rights related or in connection with the Content, except for a limited, revocable, non-transferable and non-sub licensable right and license to access and use such Content solely for personal and non-commercial purposes. Furthermore, all trademarks, service marks, trade names and trade dress that may appear on the Website or the Content are owned by us, our licensors, or both. Except for the limited license granted under this Section, the Client shall not acquire any right, title or interest in the Website or Content. Any rights not expressly granted in these Terms are expressly reserved.

7.6. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES OR ANY THIRD PARTY WORKING WITH THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOST DATA (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE WEBSITE, SOFTWARE, THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR SERVICES IS TO STOP USING OUR WEBSITE AND SERVICES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, OR INFORMATION RECEIVED THROUGH OR IN CONNECTION WITH OUR SITE OR SERVICES OR ANY LINKS PROVIDED VIA ANY OF THE FOREGOING. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE TOTAL SUM OF $500. FURTHERMORE, THE CLIENT AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICES OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

7.7. Miscellaneous

7.7.1. The Terms and any other document expressly referred to in them and any guidelines or rules posted on the Website constitute the entire agreement and understanding between the Client and the Company. The Terms shall supersede any previous agreement between the Company and the Client. The Client acknowledges and agrees that in entering into and agreeing to the Terms, the Client does not rely on, and shall have no remedy in respect of any statement, representation, warranty, understanding, or assurance of any person (whether a party to this agreement or not) other than as expressly set out in the Terms. Nothing in this paragraph shall limit or exclude any liability for fraud or fraudulent misrepresentation.

7.7.2. Any delay, failure to act or omission, wholly or partly, in pursuing, enforcing, exercising or executing any right, power, claim, remedy or privilege conferred by or transpiring from the Terms or by law shall not be construed as a waiver of any other right, power, claim, remedy or privilege of other future, current or past cases, disputes and / or disagreements between the Company and the Client.

7.7.3. Should any relevant authority of competent jurisdiction decides that a term of the Terms is invalid or unenforceable, such invalidity or unenforceability shall not affect other terms of the Terms and they shall remain valid, enforceable and in full effect.

7.7.4. The Terms shall not constitute or be deemed as constituting any partnership, joint venture or principal-agent relationship between the Company and any of its Clients. No party to the Terms shall be entitled to bind any other party in any way unless otherwise expressly stipulated in the Terms.

7.7.5. The Company shall not be deemed in breach of the Terms nor shall it be liable for any delay, halt or failure to execute any of its obligation should such delay, halt or failure to execute transpires from an event, circumstance or cause beyond the Company's reasonable control including (without limitation) any telecommunications failures, power failures, failures in third party computer hardware or software, fire, lightning, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of governmental authorities or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

7.7.6. The Company may assign, transfer, charge, sub-license or deal in any other manner with the Terms or sub-contract any of the Company's rights and obligations under the Terms to any party.

7.7.7. For filing a request or a complaint about our services, the Client shall contact the Company's support team. The Company shall investigate the complaint and will send a response in 72 hours. Complaints regarding the outcome of a transaction or a trade that are not resolved shall be categorized as a dispute. In case the Client is not satisfied with the Company's solution, the Client is entitled to extend the complaint to dispute resolution by sending an email to disputes@teramusu.com. The Client shall be entitled for dispute resolution only after trying to solve the issue via the support team.

7.7.8. The Terms shall be construed in accordance with the laws of Estonia without regard to its conflict of laws rules.

7.7.9. Any claim or dispute between the Client and the Company that transpires wholly or partly from the Client's use of the Website shall be governed and decided exclusively by arbitration in London, UK, under ICC Rules, and the Client hereby consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in arbitration in London, UK.