CopyTrading - Geschäftsbedingungen

SKILLING (SEYCHELLES) LIMITED

Regulated by the Financial Services Authority of Seychelles  (“FSA-SC”) under license number  SD042

TERMS AND CONDITIONS

The Agreement is property of Skilling (Seychelles) Limited (operating under its brand name “Skilling”). The reproduction in whole or in part in any way including the reproduction in summary form, the reissue in a different manner and any changes in the original Agreement or any translated version (V.01) is strictly forbidden and is only allowed with the prior written consent of Skilling (Seychelles) Limited. This Agreement was last updated in May 2020.

SCOPE OF AGREEMENT

1. INTRODUCTION

Skilling (Seychelles) Limited, is a Seychelles Investment Firm registered with the Seychelles Companies under registration number 8425574-1 (hereinafter the “Company”), authorized and regulated by the Seychelles Financial Services Authority (hereinafter the “FSA”), under License number SD042. The registered office of the Company is situated at Suite 4G, Global Village, Jivan’s Complex, Mont Fleuri, Mahe, Seychelles. We will provide investment services strictly under the General terms and conditions defined throughout this Agreement. This Agreement is made between yourself, as our Client (hereinafter referred to as “you” or “your” or in general terms, the “client”) and Skilling Limited (Operating under the trading name ‘Skilling’ henceforth “us”, “our”, “we” or “Skilling”) and any third parties may hereinafter be referred to individually, as “Party” and, collectively, as the “Parties”.  

1.1. For client protection and satisfaction, you should take time to carefully read this Agreement as well as any other policies, additional documents and information available to you through our website prior to opening a trading account with us. By default, you must read, agree and accept all the General terms and conditions set out below, and any additional documents incorporated herein by reference before you establish a Business relationship with us (without modifications). 

1.2. IF YOU HAVE OBJECTIONS TO ANY OF THESE GENERAL TERMS AND CONDITIONS, OR ANY PART THEREOF, AND/OR IF YOU DO NOT AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, OR ANY PART THEREOF, DO NOT ACCESS AND/OR USE OUR ONLINE TRADING FACILITY IN ANY WAY AND INFORM US IN WRITING IMMEDIATELY. 

1.3. By accepting this Agreement, you confirm and acknowledge that we reserve the right to amend, alter, modify, delete or add to any of the provisions of these General terms and conditions at any time, in accordance with the Terms hereof. When these General terms and conditions are modified (hereinafter referred to as “Changes”) we will post such changes on our trading platform and/or otherwise notify you of such changes. Each such notification shall be deemed as sufficient notice and it is your duty to consult and/or to check regularly this Agreement on our trading platform regarding any such Changes. Therefore, you should review these pages from time to time so as to ensure that you will be aware of any such changes. All amended terms shall be effective 5 (five) calendar business days after their initial posting on our trading platform, or as of the first time that you access and/or use our trading platform after such amendments were made, whichever is sooner. Your continued use of our trading platform after the publication of any Changes shall be considered as your agreement to such modified General terms and conditions and shall be governed by those General terms and conditions, as modified. If you do not wish to be bound by those changes, you should cease to access and/or use our platforms and services and inform us in writing, immediately. 

2. COPY TRADING DISCLAIMER 

2.1. We provide our clients with copy trading features made available on our trading platforms. 

2.2.  Such copy trading features include but are not limited to our community, "c-copy", which is a technical solution integrated with cTrader, and provided by our third-party provider Spotware Systems ltd. 

2.3. In the event, you decide to use our Copy Trading services, we will provide you with investment management services. This means that transactions will automatically be opened in your Account on your behalf with respect to the amount copying such a portfolio once initiated by the copied account, portfolio, and/or strategy. The opening of such transactions shall not require any prior consultation, consent, or approval. While we are permitted under our license to provide investment advice services, we do not provide investment advice, nor provide any personalized investment recommendations and/or advise to you on the merits of any investments, either with respect to our Copy Trading services or any Service. 

3. SUITABILITY TO USE COPYTRADING SERVICES 

3.1. When using our Copy Trading services, you are agreeing to use the investment management service of Skilling. 

3.2.  In making a decision to Copy a specific trader or traders, strategy and/or portfolio, You have considered your entire financial situation including financial commitments and you understand that using Copy Trading features is highly speculative and that you could sustain significant losses, although not exceeding the amount used to copy a trader or traders. 

3.3. Please note that we are unable to provide any guarantee as to the future performance of any particular investment, account, portfolio, or strategy. However, detailed information about past and current performance for the portfolios that can be copied, are available in the Copy section of the trading platform.

4. CONSENT AND  ACKNOWLEDGMENT BY CLIENTS TO ASSOCIATED RISKS 

4.1. Without derogating from the generality of the foregoing, You have reviewed, consent and acknowledge the Risks Associated with CopyTrading Services, as more fully described herein, including but not limited to, automated trading execution whereby the opening and closing of trades will happen in your account without your manual intervention. 

4.2. You further authorize us to execute any and all transactions and/or positions undertaken by the trader, account, portfolio and/or strategy you chose to CopyTrade, including without limitation, CopyTrading, stop copytrading and/or pause copyTrading another trader, account, portfolio and/or strategy and setting limits to any position (including copy position). These actions are done automatically once initiated by you and do not require any prior consultation, consent, or approval of ongoing activity/copied trades. You hereby confirm that you acknowledge that at any time, upon your sole discretion, you can stop, pause, restrict, and/or limit any CopyTrading activity performed by you via our platforms. You remain, at all times, solely responsible for both monitoring and selecting and assessing: (i) the suitability of the copied accounts; and (ii) the overall performance of the copied trader, account, portfolio, and/or strategy.

4.3.  We shall continue to be committed to exercising reasonable endeavors to monitor the performance of copied trader, account, portfolio and/or strategy, against parameters established by it, which may include, risk behavior, profitability, drawdown, and any other parameters deemed relevant by us and to stock and/or block any trader, account, portfolio and/or strategy from being copied. We reserve the right to pause, to copy or stop copying any trader, account, portfolio, and/or strategy, at our sole and absolute discretion. 

4.4. Without derogating from the generality of Section 5 below, the provision of Copy Trading services does not constitute investment advice on our part. You are using the CopyTrading features at your own risk and the company and its affiliates, employees, clients, and agents will not be liable for any losses that you may sustain as a result of your using such features. Neither we nor any copied trader, account, portfolio, and/or strategy guarantees the future performance of your Account, any specific level of performance, the success of any investment strategy, or the success of our overall management of the Account. Investment strategies are subject to various market, currency, economic, political, and business risks. Investment decisions may not be profitable and may result in the loss of your entire invested amount. Past performance is not a guarantee or prediction of future performance.

5. COPYTRADING TERMS

5.1. You should note that We and our affiliates may take the same or similar positions in specific investments for our other clients and our own accounts as we do for you, or We or our affiliates or other customers may open trades in an opposite direction to You. We have no obligation to purchase or sell, or to recommend for purchase or sale in your Account, any security which we or our Affiliates may purchase or sell for our other clients and our own accounts. You should further note that we may elect to remunerate our copied traders. 

5.2. To the maximum extent permissible under the applicable law, neither we nor any of our affiliates will be liable for (a) any loss arising from adhering to your written or oral instructions, (b) any loss that you may suffer by reason of any decision made or other action taken by an account elected to be copied by You, or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or a portfolio. Nothing in these Terms and Conditions will waive or limit any rights that you may have under any applicable laws which may not be waived or limited. 

5.3. When using our CopyTrading services, We will provide you with investment management services. This means that transactions will automatically open in your Account on your behalf with respect to the amount copying such a portfolio once initiated by the copied account, portfolio, and/or strategy. The opening of such transactions shall not require any prior consultation, consent, or approval. 

5.4. You are permitted to store, display, analyze, modify, and print the information made available through the Trading Platform. However,  a client is not permitted to publish, transmit, or otherwise reproduce that information, in whole or in part, in any format to any third party without or consent. Therefore, clients may not alter, obscure, or remove any copyright, trademark, or any other notices that are provided on the Trading platform or on our website.