CLIENT AGREEMENT
Please take sufficient time to read this Client Agreement as well as any other additional
documentation and information available to you via our website prior to opening an
account and/or carrying out any activity with us. You should contact us for any further
clarification, or seek independent professional advice, if necessary. Risk Warning:
Contracts for difference (‘CFDs’) are complex financial products, with speculative
character, the trading of which involves significant risks of loss
of capital. Trading CFDs, which are marginal products, may result in the loss of your
entire balance. Remember that leverage in CFDs can magnify your profits as well as your
losses. You should not deposit more than you are prepared to lose.
You should ensure you fully understand the risks involved before entering into an agreement
and start using the Trading Platform.
IMPORTANT!
- The website and/or the services and/or the products of Voya Group (IBC) LTD are
NOT intended to be used by residents of certain jurisdictions such as some Member States Of
the European Economic Area, USA, Belize, Israel and some other regions.
INTRODUCTION
The Agreement is entered by and between Voya Group (IBC) LTD (hereinafter called the
“Company”, or “we” 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 (“Client” or “you” or “your”) on
the other part.
The Company is registered in
St. Lucia, with Registration Number 2024-00158. The Company’s registered address is
at ADCO Incorporated, #10 Manoel Street, Castries, St. Lucia. This Client Agreement together with the PAIA, Privacy Policy and Cookie Disclosure,
General Fees, Complaints Procedure and Anti-Money Laundering Policy (together the
“Agreement”), as amended from time to time, set out the terms upon which the Company
will offer Services to the Client and shall govern the relationship between the Parties. By
applying to the Company to open a Trading Account the Client accepts the terms and
conditions of the Agreement.
The Company may provide the above documents in languages other than English.
Translation or information provided in languages other than English is for informational
purposes only and do not bind the Company or have any legal effect whatsoever, the
Company having no responsibility or liability regarding the
correctness of the information therein and the Client should also refer to the English version
and the Website for information on the Company and its policies.
The Agreement overrides any other agreements, arrangements, express or implied statements
made by the Company or any Introducer(s). You accept the terms
and conditions in the Client Agreements when you register as a user of the Trading Platform.
Any acts, omissions or representations (oral or otherwise) made by you or us (including
any of our employees you have dealings with) shall not amend or take priority over this
Agreement.
You accept this Agreement during the process of registration as a user of our Services. By
accepting the Agreement, you enter into a legally binding agreement with us.
When we refer to “you” and “your” we mean the Client of the Company who
is a licensed user of the Trading Platform or any visitor to our website wwwgroupvoya.com. Who
is not a Client of the Company. If you decide to download
our Software to use the trading demonstration then the terms and conditions within this
document (to the extent applicable) apply to you and by downloading the Software you
accept the same and agree to abide by the terms and conditions herein, although you
shall not be treated as our Client, and we shall have no obligations towards you.
For any questions or notices, you may contact the Company at:
Address: ADCO Incorporated, #10 Manoel Street, Castries, St. Lucia.
Email: [email protected]
By accepting the current Agreement, you confirm that you are able and agree to receive
information, including any amendments to the present agreement, either via email or through
this Website (http://www. groupvoya.com).
1. DEFINITIONS
1.1. In this Agreement:
“Abusive Trading” shall mean the following actions, but not limited to, pip-hunting,
scalping, arbitrage, manipulations, a combination of faster/slower feeds, violation of the
Client’s obligations under paragraph 15.16 of the Client Agreement.
“Account Credentials” shall mean a unique username and password used by you to access
and use the Trading Platform.
“Affiliate” shall mean in relation to the Company, any entity which directly or indirectly
controls or is controlled by the Company, or any entity directly or indirectly under common
control with the Company; and “control” means the power to direct or the presence of ground
to manage the affairs of the Company or entity.
“Agreement” shall mean this “Client Agreement” with its Appendix 1 and the Risks
Disclosure and Warnings Notice, found on the Website, as amended from time to time and
any subsequent Appendices added thereto.
“Authorized Person” shall mean you or any of your officers, partners, principals or employees.
“Applicable Regulations” shall mean any rules of a relevant regulatory authority having
powers over the Company and any laws which are applicable to the Company.
“Base Currency” shall mean in an FX Contract the first currency in the Currency Pair against
which the Client buys or sells the Quote Currency.
“Business Day” shall mean any day, other than a Saturday or a Sunday, or the 25th
of December, or the 1st of January or any other St. Lucia or international holidays
to be announced on the Company’s Website.
“Buy” shall mean a Transaction in FX and other CFD that is opened by offering to buy a
specific number of a certain Underlying Asset and may also in our dealings with you in FX
and other CFDs, be referred to as a “long” or “Long Position”.
“Close at Loss” shall mean an offer to close a Transaction in an FX and other CFD position
at a price determined in advance by you which, in the case of a Buy is lower than the
opening Transaction price and in the case of a Sell is higher than the opening Transaction
price.
“Close at Profit” shall mean an offer to close a Transaction in an FX and other CFD
position at a price determined in advance by you which, in the case of a Buy is higher than
the opening Transaction price and in the case of a Sell is lower than the opening Transaction
price.
“Contract for Difference or CFD” shall mean the Financial Instrument which is a contract
between the parties (typically described as “buyer” and “seller”), stipulating
that the seller will pay to the buyer the difference between the current value of an Underlying
Asset and its value at a future time; if the difference is negative, then the buyer pays instead to
the seller.
“CRS” shall mean the Common Reporting Standard developed by the Global Forum of the
Organisation for Economic Co-operation and Development (OECD). “Currency Pair” shall
mean the object or Underlying Asset of an FX Contract
based on the change in the value of one currency against the other. A Currency Pair consists
of two currencies (the Quote Currency and the Base Currency) and shows how much of the
Quote currency is needed to purchase one unit of the Base Currency.
“Event of Default” shall have the meaning given in paragraph 27.1. of this Client Agreement.
“Difference” shall mean in an FX and other CFD the difference in price upon the opening of a
Transaction and the closing of such Transaction.
“Effective Date” shall mean the date upon which you download or obtain a copy of the
Trading Platform, by any means whatsoever.
“Expert Advisor” shall mean a mechanical online trading system designed to automate
trading activities on an electronic trading platform such as the Company’s Trading Platform.
It can be programmed to alert the Client of a trading opportunity and can also trade his
Trading Account automatically managing all aspects
of trading operations from sending orders directly to the Trading Platform to automatically
adjusting stop loss, Trailing Stops and take profit levels.
“Expiry Date” shall mean the date set specified on the Trading Platform with respect to
certain Underlying Asset upon which any open Transaction for such Underlying Asset shall
expire automatically.
“Financial Data” shall mean any financial and market data, price quotes, news, analyst
opinions, research reports, signals, graphs or any other data or information whatsoever
available through the Trading Platform.
“Financial Institution” shall mean banks, financial institutions, brokers or other trading
organizations.
“Financial Instrument” shall mean the Financial Instruments of CFDs.
“Force Majeure Event” shall have the meaning as set out in paragraph 17.1. of this Client
Agreement.
“FX Contract” or “FX” shall mean the type of CFD where the Underlying Asset is
a Currency Pair. Hence, any mention of CFDs in this Agreement also covers FX
Contracts. So, although FX Contracts are included in the definition of CFDs, they may
be mentioned separately in this Agreement and/or on the Company Website and various
Company policies.
“Initial Margin” shall mean the minimum amount of money required in your Trading
Account in order to open a Transaction, as specified on the Trading Platform from time to
time for each specific Underlying Asset.
“Intellectual Property Rights” shall mean patents, trademarks, service marks, logos, get-up,
trade names, internet domain names, rights in designs, copyright (including rights in
computer software), database rights, semi-conductor topography rights, utility models, rights
in know-how and other intellectual property rights, in each case whether registered or
unregistered and including applications for registration, and all other rights or forms of
protection having equivalent or similar effect anywhere in the world.
“Introducer” shall have the meaning as set out in paragraph 39.1. of this Client Agreement.
“Investment Services” shall mean the Investment Services under the Company’s license which
can be found in the document “Company Information” on the Website. “Long Position” for FX
and other CFD trading shall mean a buy position that appreciates in value if underlying market
prices increase. For example, in respect of Currency Pairs: buying the Base Currency against
the Quote Currency
“Limit Order” shall have the meaning as set out in paragraph 2.4. of Appendix 1. “Maintenance
Margin” shall mean the minimum amount of money required in your Trading Account as
specified on the Trading Platform in order to keep a Transaction open on the Trading Platform.
“Manifest Error” shall mean any error that we reasonably believe to be obvious or palpable,
including without limitation, offers to execute Transactions for exaggerated volumes of
Underlying Assets or at manifestly incorrect market price quotes or prices at a clear loss.
“Margin” shall mean the Initial Margin and the Maintenance Margin collectively.
“Margin Call” shall mean a suggestion by us for you to increase the amount of money
in your Trading Account to satisfy our Margin requirements, in order to be able to
maintain an open position, including without limitation a call under paragraph 14.2. of
this Client Agreement.
“Market Order” shall mean Orders which are executed at the best available market price.
“Normal Market Size” shall mean the maximum number of Underlying Assets that
we believe, in our sole discretion, an Underlying Market trading in such an Underlying Assets
can comfortably handle, having regard, if appropriate, to the normal market size set by such
as Underlying Market or any other equivalent or analogous level set by the Underlying
Market on which the Underlying Assets is traded.
“Open Position” shall mean any open option contract (call and / or put) which has not been
closed.
“Order” shall mean an instruction from the Client to trade in FX and other CFDs; for FX
and other CFD it means a Close at Loss or Close at Profit order.
“Quote” shall mean the information of the current price for a specific Underlying Asset, in
the form of the Bid and Ask prices.
“Quote Currency” shall mean in an FX Contract the second currency in the Currency Pair
which can be bought or sold by the Client for the Base Currency.
“Parties” shall mean the parties to this Client Agreement – the Company and the Client.
“Pip” shall mean in an FX and other CFD Transaction one-hundredth of one percentage
point.
“Position” shall mean your position in relation to any FX and other CFD currently open on
your Trading Account.
“Registration Data” shall mean certain personal and financial information that
you are required to provide in order to download and use the Trading Platform and become
our Client including Account Credentials, such information can include without limitation a
copy of your passport, driving license and/or Photo identity card.
“Sell” shall mean an FX and other CFD Transaction that is opened by offering to sell a
specific number of a certain Underlying Asset, and may also in our dealings with you, be
referred to as a “short” or “short position”.
“Services” shall mean the services to be offered by the Company to the Client under this
Agreement, as set out in paragraph 8.1. of this Client Agreement.
“Scalping” shall mean the situation where the Client opens too many positions in CFDs at
the same time and closes them for less than five minutes or buying at Bid
price and selling at Ask price, so as to gain the Bid/Ask difference.
“Slippage” shall mean the difference between the expected price of a Transaction in a
CFD, and the price the Transaction is actually executed at. At the time that an Order is
presented for execution, the specific price requested by the Client may not be available;
therefore, the Order will be executed close to or a number of pips
away from the Client’s requested price. If the execution price is better than the price
requested by the Client, this is referred to as positive slippage. If the executed price is
worse than the price requested by the Client, this is referred to as negative slippage. Slippage
often occurs during periods of higher volatility (for example due to news events) making an
Order at a specific price impossible to execute, when market orders are used, and also when
large Orders are executed when there may not be enough interest at the desired price level to
maintain the expected price of trade. “Software” shall mean the software provided by us
which you will need to download in order to use the Trading Platform.
“Spread” for FX and other CFD trading shall mean the difference between Ask and Bid of
an Underlying Asset in a FX and other CFD at that same moment.
“Swap or Rollover” for FX and other CFD trading shall mean the interest added or deducted for
holding a position open overnight.
“Trading Account” shall mean the exclusive personalized account of the Client consisting of all
the Open Positions and Orders of the Client the balance of the Client money and
deposit/withdrawal transactions of the Client money. More information
on the various types of Trading Accounts offered by the Company from time to time and
their particular characteristics and requirements may be found in the Website. “Trading
Platform” shall mean the electronic mechanism operated and maintained by the Company,
consisting of a trading platform, computer devices, software,
databases, telecommunication hardware, programs and technical facilities, which facilitates
trading activity of the Client in FX and other CFDs via the Trading Account. “Trailing Stop”
in FX and other CFD trading shall mean a stop-loss order set at a percentage level below the
market price - for a Long Position. The trailing stop price is adjusted as the price fluctuates. A
sell trailing stop order sets the stop price at
a fixed amount below the market price with an attached “trailing” amount. As the market
price rises, the stop price rises by the trial amount, but if the pair price falls, the stop loss
price doesn’t change, and a market order is submitted when the stop price is hit.
“Third Party License” shall mean licenses from third parties governing third party software
embedded or used in the Trading Platform.
“Trading Hours” shall mean the hours of trading as set forth on the Trading Platform for a
particular Underlying Asset.
“Transaction” shall mean either the opening or closing of an offer to either buy or
sell FX and other CFD for an Underlying Asset on the Trading Platform, whether by you
or us.
“Underlying Asset” shall mean the object or underlying asset in a CFD which may be Currency
Pairs (for FX Contracts), Equity Indices, base or precious Metals, Forwards, Commodities,
Stocks, Shares Indices and Futures. It is understood that the list is subject to change and Clients
must refer each time on the Trading Platform. “Underlying Market” shall mean the relevant
market where the Underlying Asset
is traded such as securities or futures exchanges, clearing houses, self-regulatory
organizations, multilateral trading facilities or alternative trading systems for Financial
Instruments or Underlying Assets.
“Website” shall mean the Company’s website at www.groupvoya.com or such
other website as the Company may maintain from time to time.
“Written Notice” shall have the meaning set out in paragraph 34.5. of this Client Agreement.
1.2. Words importing the singular shall import the plural and vice versa. Words
importing the masculine shall import the feminine and vice versa. Words denoting
persons include corporations, partnerships, other unincorporated bodies and all other
legal entities and vice versa.
1.3. Paragraph headings are for ease of reference only.
1.4. Any reference to any act or regulation or Law shall be that act or regulation or Law as
amended, modified, supplemented, consolidated, re-enacted or replaced from time to time,
all guidance notes, directives, statutory instruments, regulations or orders made pursuant to
such and any statutory provision of which that statutory provision is a re-enactment,
replacement or modification.
2. LICENSE AND USE OF THE TRADING PLATFORM
2.1. The Trading Platform is not intended for distribution to, or use by, any person: who is
under the age of 18 years old and/or not of legal competence or of sound mind;
- who resides in any country where such distribution or use would be contrary to local
law or regulation. The Trading Platform and any other service provided by us is not
available to persons residing in any country where FX and other CFD trading activity or
such services would be contrary to local law or regulation. It
is your responsibility to ascertain the terms of and comply with any local law or regulation to
which you are subject;
- who is a citizen or resident of the United States of America, Belize, as the
Company does not accept Clients from these countries; or
- who is an employee, director, associate, agent, affiliate, relative, or otherwise
connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to
suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and
absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties, and agree
that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal
limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install
and/or use the Trading Platform in object code only, solely for your personal use and benefit
in accordance with the terms of this Agreement.
2.5. If any third party software is included within or embedded in the Trading Platform,
then such embedded third party software shall be provided subject to the terms of this
Agreement which apply to the Trading Platform. You shall fully comply with the terms of
any Third Party Licenses that we provide to you from time to time. We provide no express
or implied warranty, indemnity or support for the Third Party Licenses, and will have no
liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by
this Agreement. The Trading Platform is licensed to you by us and not sold to you. The
Trading Platform, all copies and any derivative works thereof (by whoever created), the
associated goodwill, copyrights, trademarks, logos, know-how, patents and any intellectual
property rights, are and shall remain owned solely by the Company or our licensors. Except
for the license expressly granted to you under this
paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo,
know how, patent, service mark or other Intellectual Property Right in the Trading Platform
or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
- procure and maintain in proper working order, throughout the term of this
Agreement and at your own expense, the hardware, operating environment
(including operating system software), backup means and infrastructure necessary
for the installation, operation and maintenance of the Trading Platform (including
without limitation uninterruptible power systems and electrical back-up devices);
•
• prevent any virus infections, security breaches, and other disabling events from
damaging the Trading Platform due to your actions or omissions;
•
• implement and plan to operate and maintain appropriate protection in relation to the
security and control of access to your computer, computer viruses or other similar
harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform,
or have any suggestions for modifications, design changes and improvements. We shall have
the right, but not the obligation, to make modifications to the Trading Platform based upon
your suggestions. Any modifications, design changes and improvements made to the
Trading Platform based on your feedback shall be the undisputed sole property of the
Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to,
modify, or remove any of the Trading Platform without liability under this Agreement and if
we do so we shall use reasonable endeavors to replace any part of the Trading Platform with
an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance
purposes without prior notice to the Client, but this will be done only on weekends. In these
cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
• that the Trading Platform will be available for access all the time, or at any time on
a continuous uninterrupted basis (access to the Trading Platform may be affected, for
example, by routine maintenance, repairs, reconfigurations or upgrades);
• as to the operation, quality or functionality of the Trading Platform;
• that the Trading Platform will be free of errors or defects; and
• that the Trading Platform is free from viruses or anything else that has
contaminating or destructive properties including where such results in loss of or
corruption to your data or other property. We will not be liable for any data lost or
any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
• may only use the Trading Platform for so long as you are authorized to do so;
• may not use the Trading Platform for any purpose other than for the purpose for
which it has been provided under this Agreement; and
• are responsible for the use of the Trading Platform (including the Account
Credentials) by you.
2.14. You agree not to:
• use the Trading Platform for illegal or inappropriate purposes;
• (nor attempt to) interfere with or disrupt the proper operation of our software,
hardware, systems or networks, including (but not limited to) not knowingly or
negligently transmitting files that may interrupt, damage, destroy or limit the
functionality of any computer software, hardware, systems or networks, including
corrupted files or files that contain viruses, Trojan horses, worms, spyware or other
malicious content;
• attempt to gain unauthorized access to our computer system or the computer
system(s) of any other user,or to parts of the Trading Platform to which you do not
have access rights or attempt to reverse engineer or otherwise circumvent any security
measures that the Company has applied to the Trading Platform;
• take any action which does or may cause the provision of the Trading Platform to
other users to be interrupted or degraded;
• convey any false, unlawful, harassing, defamatory, abusive, hateful, racial,
threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or
offensive material of any kind or nature;
• carry out any commercial business on the Trading Platform;
• knowingly or negligently upload or download files that contain software or other
material protected by copyright, trademarks, patents or other intellectual property
rights (or by rights of confidentiality or privacy of publicity, where applicable) unless
you own or control the rights thereto or have received all necessary consents;
• falsify the origin or source of any content or other material;
• use any software, which applies artificial intelligence analysis to the Company’s
systems and/or Trading Platform;
• intercept, monitor, damage or modify any communication which is not intended for
you;
• 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 Trading
Platform or the communication system or any system of the Company;
• send any unsolicited commercial communication not permitted under
applicable law or Applicable Regulations.
• do anything that will or may violate the integrity of the Company computer
system or Trading Platform or cause such system(s) to malfunction or stop their
operation;
• do any action that could potentially allow the irregular or unauthorized
access or use of the Platform; or
• unlawfully log into the Trading Platform and execute an order to buy or sell a
Financial Instrument from a location or IP address originating from a region or
jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of
paragraphs
3. ACCOUNT CREDENTIALS AND SECURITY
3.1. In the event that we accept you as our Client, we shall open a Trading Account in your
name which will allow you to place Orders on our Trading Platform. It
is agreed and understood that the Company offers different types of Trading Accounts,
which have different margin Requirements and characteristics.
3.2. In order to access the Trading Account, you will be asked to enter your Account
Credentials issued by us to you which are confidential and shall be used
solely by you.
3.3. You:
• are responsible for ensuring that your Account Credentials remain confidential and
for taking such other precautions as may be necessary to ensure they cannot be used
by any person other than you or your authorized representative and making sure that
a third party is not
• provided access to your computer for example via using team viewer to turn on or
control your computer;
• must notify us immediately if you become aware that your Account Credentials
have in any way become compromised or if any third party may be able to access
the Trading Platform; and
• You agree we do not have to establish the authority of anyone quoting your
Trading Account number or Account Credentials. The use of your Account
Credentials by any third party is expressly prohibited.
3.4. If we believe that there is likely to be a breach of security, we may require you to change
your Account Credentials or suspend your access to the Trading Platform. We reserve the
right to edit, amend or issue you with new Account Credentials or require a change of your
Account Credentials at any time by giving notice to you.
3.5. You are responsible for ensuring that you alone control access to your Account
Credentials, and that no minor or other person is granted access to the Trading Platform using
your Account Credentials. You acknowledge that you are ultimately and solely responsible
for all actions on the Trading Platform through your Registration Data including any
unauthorized disclosure of your Account Credentials.
3.6. You undertake to immediately notify us immediately first orally and then in writing
if you become aware of any loss, theft or use by any other person or entity
other than you, of any of your Registration Data, includin
