1. General Provisions and Subject of the Agreement
1.1This Service Agreement has been made by 2WinTrade App (hereinafter – 2WinTrade), and the natural person who filled in the registration form on the 2WinTrade's website or in the trading platform and accepted the terms of this Service Agreement and of the appendices hereto at the moment of registration (hereinafter – Client).
1.2The Agreement is an invitation to make offers posted on the 2WinTrade's website that must be treated as an offer to enter into this Agreement on the terms set forth in it. The posted offer is not public. The 2WinTrade at its sole discretion may refuse to enter into an Agreement with anyone without explaining the reasons for refusal or, if registration took place, to terminate contractual relations and to block access to the trading terminal. The Client's registration on the 2WinTrade's Website or on the trading terminal is considered as full and unconditional acceptance of the terms of the Agreement. As soon as the 2WinTrade receives a payment to replenish the Client's trading account, each Client transaction using the trading terminal or Dashboard becomes the subject of this Agreement.
1.3The Client must carefully review the terms of the Agreement. By accepting the terms of this Agreement, the Client agrees to the terms of all annexes to it listed above, including the terms on subdomains of the 2WinTrade's website that are accessible by the Client and confirms that he/she is an adult who is a legally capable person and is not a resident of a country where trading in options may be deemed illegal.
The Client also represents and warrants to the 2WinTrade that:
1.4The subject of the Agreement is the definition of the general conditions under which the Parties carry out transactions (trades), the content and procedure for which are set forth in this Agreement. The 2WinTrade unilaterally sets and may alter at its sole discretion essential conditions for a transaction (trade), may limit the number of trades executed simultaneously, and limit the number of trades that a Client may make within the time period set by the 2WinTrade, may set other limits for trades at its sole discretion and unilaterally.
1.5The 2WinTrade may engage third parties to perform this Agreement. The 2WinTrade is not responsible for services provided by such third parties.
2. Terms and Definitions
2.1Asset – the underlying financial instrument of an option. An asset may be company stock, a stock index, currency pair (the rate of an exchange of one currency into another currency), goods quoted on a commodity exchange, commodity options, etc.
2.2Client's Account Balance – the amount of money in the Client's account.
2.3Option - a derivative financial instrument (trade), consisting of two transactions: Making a trade and Closing a trade, as a result of the fulfillment of which the Client either receives Income or loses the Trade amount. The 2WinTrade does not, however, provide a Client with the ability to assume obligations greater than the Trade amount (the 2WinTrade does not provide leverage to the Client). The 2WinTrade and the Client make a trade with an Higher/Lower option - an option, the targeted level of which equals the asset price or another price determined by the Client at the 2WinTrade's suggestion when the trade is made, only payment on which is made if an upward price change was selected and the asset price was greater than the targeted level when the option expired or if a downward price change was selected and the asset price was less than the targeted level when the option expired. If the asset price is the same as the targeted level when the option expires, the trade Amount is returned to the Client.
2.4Bonus – virtual cash credited by the 2WinTrade to the Client's Account when the Client meets the conditions established by the 2WinTrade. When the Client executes trading transactions, funds deposited by the Client must be used first and, only after those funds are completely exhausted, does the Client have the right to use the Bonus for further trading transactions. In general, the Client cannot withdraw the Bonus amount to the Client's External Account. If the Client withdraws funds that were previously credited to his External account, the 2WinTrade has the right to debit the entire amount of previously accrued Bonuses from the Client's Account. The 2WinTrade has the right to set a minimum trading amount and other terms under which the Bonus is not debited from the Client`s Account and may be withdrawn to the Client's External account. The 2WinTrade may publish credit and debit rules, rules for using and converting Bonuses to real funds, and rules for other transactions with Bonuses and Client funds that the Client accrued along with Bonuses on its website.
2.52WinTrade Website – an internet site at the address (domain name) 2WinTrade.com, and other internet sites which the 2WinTrade references in the Agreement or on the 2WinTrade Website.
2.6Client External Account – the Client's current account at a lending institution, an account (wallet) on an electronic payment system.
2.7Option Expiration Time – the time when the condition for payout of income on the option is checked.
2.8Trading Hours – the time when trading in an asset may be done.
2.9Funds Withdrawal – transfer of money from the Client's Account to the Client's External Account.
2.10Income – fixed remuneration credited to the Client's Account if the conditions of the option are met. The Income amount is determined at the time that the trade is executed. Income is credited to the Client's account from the 2WinTrade's guaranteed (compensatory, special) fund (reserve fund), which is formed in the manner determined by the 2WinTrade at its own expense.
2.11Execution of a trade – a trading transaction in which the essential conditions of an option trade are agreed by the Client and the 2WinTrade. After the essential conditions are agreed, the option trade is open.
2.12Closing a trade - a trading transaction in which an open trade on an option is liquidated at the option expiration time agreed by the Parties when the trade is made. Early closing of a trade - closing a trade at the Client's initiative before it is closed at the option expiry time. Early closing of a trade is possible only if the 2WinTrade has the technical capability to do so. The 2WinTrade may unilaterally at its own discretion provide or refuse to grant the Client the right to make an early closing of a trade.
2.13Exceptional Situations - abnormal market conditions and other exceptional conditions described in the Regulation on Trading Transactions.
2.14Payout ratio – the percentage that determines the Income amount set by the 2WinTrade depending on the option asset and other conditions of the option.
2.15Asset Quote – the price for one unit of the Asset.
2.16Log entry - an entry in the database made by the 2WinTrade server that, with accuracy to the millisecond or, in the case of absence of technical capability, with accuracy to the second, documents all Client inquiries and orders and the result of their processing. Each Client contact with the trading terminal and dashboard is documented in a log entry. These server data are the primary source of information and are used by the parties as evidence if disputes related to the performance of the Agreement arise. Information from a 2WinTrade server Log entry has unconditional priority over all other arguments during settlement of a dispute, including over information from the Client's trading terminal Log file. The 2WinTrade reserves the right not to keep Log entries.
2.17Price Direction – an essential condition of an option trade that determines the trade payout. A price may change direction Higher or Lower.
2.18Non-trading Transaction – any Client transaction to deposit funds on the Client's Account or withdraw funds from the Client's Account.
2.19Transactions – The Client's trading and non-trading transactions.
2.20Open Trade – an option trade after the execution of the trade and before trade closure, for which it is not determined yet whether a payout will be made.
2.21Price Feed – a succession of prices displayed on the Trading Terminal.
2.22Payment service provider - a company that provides funds transfer services.
2.23Recurring payment – a periodically repeating transaction to replenish the Balance of the Client's account without requiring the latter to reenter his or her credit card information.
2.242WinTrade Server – the 2WinTrade's software used to process and store information about client requests for trading and non-trading transactions, to provide to the Client realtime information about quotes, to account for trading and non-trading transactions, to monitor the fulfillment of trade conditions and limit trading transactions, and to determine the financial result of trades.
2.25Withdrawal Method – one of the Funds Withdrawal methods offered to the Client that is posted on the trading terminal and in the Dashboard.
2.26The Trade Amount is the amount paid by the Client to the 2WinTrade when the trade is made. The Client`s profit on an option trade if the trade conditions are fulfilled is determined by the procedure set forth in Section 2.10. of this Agreement.
2.272WinTrade's Account – the 2WinTrade's settlement account at a financial institution, an account (wallet) in an electronic payment system, and other accounts, including accounts of Payment Agents.
2.28Essential Conditions of a trading transaction (essential conditions of a trade) – the conditions that govern the payout of income from a trade to the Client by the 2WinTrade.
2.29Client account (Trading account) - a special account in the 2WinTrade's accounting system in which funds transferred by the Client to make trades are posted; from which the trade amount is debited when the trade is executed; and to which income is credited when a trade is closed and the essential conditions of a trade are met. The Client has the right to have only one Client account. In case of violation of this rule, the 2WinTrade has the right to refuse the Client in further service (rendering of services), to terminate this Agreement, and to block further possibility to carry out transactions without explanation and without payment of funds from the Client's account. It is not a violation of this clause of the Agreement when the 2WinTrade, if possible and unilaterally, grants the Client the right to use several currencies within the Client's account, as well as the right to use the Client's account in relations between the 2WinTrade and the Client, which are governed simultaneously by this Agreement and other agreements, concluded between the 2WinTrade and the Client, under which the 2WinTrade has the discretion to grant the Client the right to use the Client's account to engage in trading transactions which are not prescribed in this Agreement.
2.30Trading transactions - procedures to make and close trades with options between the 2WinTrade and a Client. Trading transactions are carried out at the place of the 2WinTrade's registration. No physical delivery of assets takes place during trading transactions. Trade amounts for trading transactions are debited from the Client's account balance after a trade is made. The Income on trading transactions is credited to the Client's account immediately after a trade closes.
2.31The Trading Terminal is software through which the Client can obtain real-time information about quotes to carry out trading and non-trading transactions and receive messages from the 2WinTrade. Entry to the Trading Terminal is protected by a password that the Client sets at registration on the 2WinTrade's site. All orders and inquiries carried out through the Trading Terminal are deemed to be carried out personally by the Client. Clients from countries whose laws prohibit trading in options or other over-the-counter derivatives and the employees, affiliates, agents and other representatives of the 2WinTrade and their relatives are prohibited from using the Trading Terminal. The part of the Trading Terminal with which a Client can carry out non-trading transactions in this Agreement may be called the Dashboard.
2.32Red Territory - the state of an open option trade if, at the current asset price, income cannot be paid out on that trade.
2.331-Click service - makes it possible to replenish a Client's account balance from the Client's bank (payment) cards without entering the bank (payment) card data of the bank card holder again.
2.34Targeted level - the level of asset prices with respect to which the trade result is calculated.
2.35Cookie file - a small data set including an anonymous unique identifier which is sent to the web browser of the Client's computer or mobile telephone (hereinafter "device") from the 2WinTrade server (website) and is stored on the Client's device. The Client may configure a web browser to block cookie access to the device. When a Client visits the 2WinTrade Website, the viewed pages and cookie files are downloaded onto the Client's device. Cookie files stored on the device may be used for anonymous identification if the Client revisits the 2WinTrade's website and to determine the website pages that are the most popular among our Clients. Cookie files stored on the hard drive of the Client's device enable the 2WinTrade to create the most user-friendly and efficient website for 2WinTrade Clients, providing us an opportunity to identify our Clients' preferences.
2.36Trading signals are information about the state of the market gathered by the 2WinTrade based on analytical conclusions that the 2WinTrade is entitled to provide at its discretion to some or all Clients with respect to certain market indicators. Trading signals are not an offer and are not the 2WinTrade's explicit recommendation to Clients to engage in trading transactions or to make trades. The 2WinTrade is not liable for the accuracy of Trading Signals or for Client trading transactions and trades based on Trading Signals. The Client may, at his discretion, consider or ignore Trading signals when engaging in trading transactions and trades.
2.37Quote - the current Asset price displayed on the Trading Terminal. Terms used in this Agreement and definitions absent in this Clause shall be interpreted in accordance with usual and customary business practices applicable in regard to conclusion of agreements with financial derivatives.
3. Communications and Provision of Information
3.1To communicate with the Client, the 2WinTrade may use:
— letters sent by post;
— different types of messages sent to the Client on the trading terminal, in the Dashboard, browser window, etc. (push notifications, reminders, service messages, etc.);
— announcements on the 2WinTrade website.
3.2To promptly communicate with the Client to resolve problems related to Client transactions, the 2WinTrade will use the Client's contact information entered when the Client registered or modified the account pursuant to clause 4.5 of the Agreement. The Client agrees to accept message from the 2WinTrade at any time.
3.3Any correspondence (documents, notices, confirmations, announcements, reports etc.) are deemed received by the Client:
3.4The Client may also contact the 2WinTrade by e-mail at [email protected], and other email addresses and the telephone numbers listed in this Agreement and on the 2WinTrade website.
3.5The Client understands and agrees that, if the Client's behavior during conversations with a 2WinTrade representative is inappropriate, the 2WinTrade reserves the right to unilaterally terminate this Agreement.
3.6The 2WinTrade may use contact information provided by the Client to send informational, marketing, and advertising materials, and service messages and to resolve other tasks. The 2WinTrade will determine the frequency with which it sends messages to the Client at its sole discretion. If the Client wishes not to receive from informational (and other) messages from the 2WinTrade, he/she must unsubscribe by clicking on the Unsubscribe link (if the message format provides this ability) or by contacting the client support department.
4.1During registration the Client undertakes to provide correct and reliable identification information in accordance with requirements of the Client registration form.
4.2After successful registration, the Client will be granted access to the trading terminal, the ability to transfer funds to the Client's Account (placing a deposit in the Client's Account to be able to make option trades) and to perform other operations.
4.3The Client must promptly inform the 2WinTrade about changes in identification and contact information (within 7 (seven) days after that change) by making the appropriate changes on the Trading Terminal or in any other way offered by the 2WinTrade. To identify the Client and to inspect the origin of the Client's funds at any time after registration, the 2WinTrade has the right to ask and the Client obliges to provide within 7 (seven) days after the request is received, any identification documents (these documents include identity documents; documents confirming the residential address, documents indicating the Client's financial standing, and other documents at the 2WinTrade's discretion). The 2WinTrade reserves the right to suspend non-trading and/or trading transactions on the Client's account if it finds that the Client's identification information is incorrect or inaccurate; if the Client has not provided the requested documents, the 2WinTrade has the right to block the Client's access to the trading terminal until the client's identification procedure is completed. The 2WinTrade also has the right to demand the Client to undergo the identification procedure by a personal visit to a 2WinTrade-authorized agent and provide documents, the list of which is determined by the 2WinTrade at its discretion.
4.4Login to the trading terminal is password protected.
4.5The Client may change the password to the trading terminal himself/herself or use the procedure for password recovery set by the 2WinTrade.
5. Claims and Dispute Resolution
5.1The Parties have agreed that they will make every effort to settle all disputes between the 2WinTrade and the Client related to transactions, payouts and other actions hereunder by means of negotiations.
5.2If a dispute arises, the Client may submit a claim/complaint to the 2WinTrade and send a statement or notice to the 2WinTrade. All claims/complaints/statements/ notices related to transactions performed by the Client must be submitted in accordance with the following requirements:
5.3Claims/complaints/statements/notices must not contain:
5.4To respond to a claim/complaint/statement/notice, the 2WinTrade may request additional documents and information from the Client. A claim/complaint/statement/ notice will be reviewed on the basis of data provided by the Client and log entries from the 2WinTrade server. Log entries from the 2WinTrade Server always prevail over other evidence and proof. The 2WinTrade assumes no liability for incomplete trades and will not compensate any financial damages or moral harm suffered by the Client with respect to what the Client considers to be lost profit. When considering disputes, the Client's references to information from other companies and websites are not considered.
5.5The 2WinTrade may reject a claim/complaint/statement/notice if the terms of this section are violated.
5.6The 2WinTrade must consider a claim/complaint/application/appeal within no more than 10 working days after the submission date. This term does not include time for provision of additional documents by the Client upon the 2WinTrade's request.
5.7In addition to provision set forth in clauses 5.2.-5.6. of the dispute resolution procedure, the Client may file a claim to a court, provided that he/she has first submitted the claim to the 2WinTrade in accordance with this dispute resolution procedure. The claim procedure for dispute resolution will be deemed followed if: a) the form and content of the claim meet the requirements of clauses 5.2.1., 5.2.2., and 5.2.3.; b) the claim is sent to the 2WinTrade's registration address by registered or certified mail; c) the Client has a confirmation of claim receipt by the 2WinTrade; d) the deadline for responding to the claim has expired. Claim response time – sixty (60) calendar days after it is received by the 2WinTrade.
5.8In case of any disputes, the 2WinTrade reserves the right to fully or partially block transactions in the Client's Account until the dispute is settled or until the Parties come to an interim agreement.
6. Governing Law
6.1The Client expressly:
7. Force Majeure
7.1 If the 2WinTrade has sufficient grounds, it may claim force majeure events. Force majeure events include (without limitation):
7.2If the 2WinTrade has established that a force majeure event occurred, the 2WinTrade has the right (without prejudice to the 2WinTrade's other rights) to take any of the following steps without prior written notification and at any time: a) cancel any or all trades the result of which is directly or indirectly caused by force majeure; (b) suspend or amend the application of one or all provisions of the Agreement as long as the force majeure event makes it impossible for the 2WinTrade to comply with these provisions; c) take or, on the contrary, not take any action in respect of the 2WinTrade, the Client or other clients, if the 2WinTrade reasonably deems it appropriate under the circumstances.
7.3The 2WinTrade assumes no liability for breach (improper discharge) of obligations if force majeure events interfered with that discharge.
8. Liability of the Parties
8.1The liability of the Parties to this Agreement is determined by the terms of the Agreement and its annexes.
8.2The 2WinTrade assumes liability only for real damages caused to the Client as a result of the 2WinTrade's deliberate breach of its obligations hereunder. The 2WinTrade is as responsible for the actions of its representatives, departments, and payment agents as it is for its own actions.
8.3The Client assumes liability to the 2WinTrade for losses incurred by the 2WinTrade for which the Client is responsible, including:
8.4If the Client breaches this Agreement, the 2WinTrade may, at its option:
8.5If the Client breaches any terms of the Agreement and its integral parts listed in clause 1.2, including refusal to undergo the necessary checks and refusal to provide the necessary information, the 2WinTrade has the right to terminate the Agreement; to void any Client transaction; to close one, several, or all Client trades at any time, at its own discretion; and to stop rendering services to the Client and return funds to the Client or not at its discretion. Any violation of the terms listed in this section, deprives the Customer the right to demand payment or refund from the 2WinTrade.
8.6The 2WinTrade assumes no liability to the Client for any damages, losses, lost profit, lost opportunities (without limitations, due to possible market fluctuations), expenses or damages incurred by the Client as a result of the execution of trades pursuant to the terms of the Agreement.
8.7The 2WinTrade assumes no liability in case of a discrepancy between the information represented on the Client's trading terminal and the information on the 2WinTrade Server when the financial result of the Client's trades is determined. To eliminate such discrepancy, the 2WinTrade will adjust the data on the trading terminal in accordance with the information available on the 2WinTrade Server.
8.8The 2WinTrade assumes no liability for the Client's damages if those damages resulted from hacker attacks, accidents (failures) of computer networks, communication networks, power lines or telecommunication systems, etc., directly used to determine essential conditions of the Client's transactions or ensure other 2WinTrade operating procedures that occurred through no fault of the 2WinTrade.
8.9The 2WinTrade assumes no liability for technical failures and/or interruptions in trading terminal operation that occurred as a result of hacker attacks, accidents (failures) of computer networks, communication networks, power lines or telecommunication systems, etc., or for the Client's losses resulting from such failure and/or interruption.
8.10 The 2WinTrade assumes no liability for the results of trades that the Client decided to make on the basis of analytical materials provided by the 2WinTrade and/ or third parties. The Client has been informed that transactions made hereunder bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited by him/her in the Client's Account. The Client acknowledges that unless there is fraud, deliberate breach of obligations or gross negligence on the part of the 2WinTrade, the 2WinTrade will not be liable for any losses, expenses, costs and damages of the Client resulting from inaccuracy of information provided to the Client, including, but not limited to, information about the Client's trading transactions. The 2WinTrade reserves the right to cancel or close any Client trade under the conditions set forth in this Agreement; nevertheless, all transactions made by the Client as a result of this inaccurate information or an error remain in force and must be fulfilled both by the Client and the 2WinTrade.
8.11The 2WinTrade assumes no liability for any losses the Client may suffer in case of theft, loss or disclosure of his/her password to the trading terminal to third parties. The Client assumes full responsibility for protecting the password and safeguarding it against unauthorized third-party access.
8.12The 2WinTrade assumes no liability for breach (improper discharge) of the obligations hereunder if it was caused by force majeure events or other exceptional conditions stated in the Agreement or appendices to the Agreement.
8.13The 2WinTrade assumes no liability for any indirect, special, arbitrary, or punitive damages suffered by the Client, including, but not limited to, lost profit, loss of expected savings or loss of income, even if the Client was informed by the 2WinTrade about the possibility of such damages. Moral harm is not compensated.
8.14The 2WinTrade reserves the right to consider the Clients breaches at any time, regardless of the time when the breach was made, and, if breaches are discovered, to take measures in accordance with this Agreement.
9. Term and Termination of the Agreement
9.1This Agreement comes into force upon its conclusion (client registration on the website or on the 2WinTrade's trading terminal) and is valid sine die.
9.2Either Party may terminate this Agreement unilaterally:
9.3This Agreement is considered terminated with respect to the Parties when the mutual obligations of the Client and of the 2WinTrade with respect to previously made transactions are fulfilled and all debts of each Party are repaid.
10. Final Provisions
10.1Amendments and additions to this Agreement and to the annexes hereto are made by the 2WinTrade unilaterally. All amendments and additions made by the 2WinTrade and not related to the circumstances specified herein come into force on the date specified by the 2WinTrade.
10.2Amendments and additions made by the 2WinTrade to this Agreement and to its annexes because of amendments to legislation and regulations governing the subject hereof and to rules and contracts of trading systems used by the 2WinTrade to discharge its obligations hereunder come into force simultaneously with amendments in the aforementioned documents.
10.3When the amendments and supplements made by the 2WinTrade come into force, they will apply equally to all Clients, including those who concluded the Agreement before their effective date.
10.4To ensure that a Client who entered into the Agreement is aware of amendments and additions, the Client must visit the 2WinTrade's Website or the trading platform him/herself or through authorized persons at least once a week to find information about any amendments and/or additions.
10.6The Client may use information that was provided to the Client either orally or in writing that is posted by the 2WinTrade or by third parties, access to which was granted to him/her as part of the services hereunder only for transactions under this Agreement. The Client may not disseminate, alter, or supplement the aforementioned information, or store it in separate archives. In any event, the scope of powers granted to the Client with respect to information posted by third parties cannot exceed the scope of powers obtained by the 2WinTrade from the third party. The 2WinTrade does not guarantee that information posted by third parties is reliable, accurate, or relevant and is provided on an ongoing basis without interruptions. Nor is the 2WinTrade liable for the results of transactions (losses, lost profit, lost income, injury to goodwill, etc.) that the Client decided to perform on the basis of information that was communicated to the Client either orally or in writing by the 2WinTrade or by third parties.
10.7The 2WinTrade may fully or partially transfer the rights and obligations under this Agreement and the annexes hereto to a third party if such person undertakes to fulfill the terms hereof. This transfer of rights and obligations does not require prior notification of the Client by the 2WinTrade and shall be made at the time the adequate information is published on the 2WinTrade's website.
10.8The Client is not entitled to assign his/her own rights, impose his/her own obligations or transfer rights or obligations hereunder in any other way without prior written consent of the 2WinTrade. If this condition is breached, any such assignment, imposition or transfer will be deemed null and void.
10.9The 2WinTrade, its partners or any other affiliates may have a material benefit, legal relation or arrangement with respect to a transaction on the trading platform or in the Dashboard or a material benefit, legal relation or arrangement that is in conflict with the Client's interests. For example, the 2WinTrade may: a) act as a counterparty with respect to any asset; b) suggest another partner of the 2WinTrade as a counterparty for a trading operation; c) give recommendations and render services to its partners or other clients of the 2WinTrade with respect to assets they are interested in, despite the fact that this is in conflict with the Client's interests.
10.10The Client agrees and authorizes the 2WinTrade to act with respect to the Client and for the Client as the 2WinTrade finds appropriate, despite a potential conflict of interests or the existence of some material interest with respect to any transaction on the trading terminal or in the Dashboard without prior notification of the Client. The existence of a conflict of interest or material benefit with respect to any transaction on the trading terminal or in the Dashboard must not affect the provision of services to the Client by 2WinTrade employees. From time to time the 2WinTrade may act on behalf of the Client with parties with whom the 2WinTrade or any of its related parties have an agreement to receive goods or services. The 2WinTrade guarantees that these agreements are made as far as possible for the benefit of the Client, for example, these agreements make it possible to access information and other services that would otherwise be inaccessible.
10.11If a court of proper jurisdiction declares any provision of the Agreement (or any part of any provision) void, that provision will be treated as a separate part of the Agreement and this will not affect the legal force of the rest of the Agreement.
10.12The 2WinTrade may suspend services to the Client at any time (prior notice to the Client is not required).
10.13In situations not described in the Agreement, the 2WinTrade will act according to market best practices based on principles of honesty and fairness.
10.14The 2WinTrade may prepare and use texts of the Agreement and its annexes in languages other than English. If there are contradictions between the text of this Agreement and its annexes in English and the corresponding texts in other languages, the text in English will prevail. The text of the Agreement published on the 2WinTrade website prevails over the text of the Agreement published elsewhere.
10.15The Client is granted a limited and non-exclusive right to use the Trading Terminal only for the purposes stipulated in this Agreement. If the Agreement is terminated on any grounds, the Client's rights to use the Trading Terminal stipulated in this clause shall be terminated at the moment of the termination of the Agreement.
10.16The Client agrees that the 2WinTrade cannot guarantee continuous uninterrupted and technically sound operation of the Trading Terminal, and therefore the Client accepts this software as is. The 2WinTrade assumes no liability to the Client for technical failures in Trading Terminal operation.
10.17All terms used in this Agreement and its integral parts, whether they are in uppercase or lowercase characters, shall be of equal importance, unless otherwise follows from the essence of the obligation.
11. List of Countries in which the 2WinTrade Does Not Do Business
11.1The 2WinTrade does not do business in the following countries and does not provide services to persons associated with those states: Gibraltar, the Isle of man, Guernsey, Jersey, Australia, Canada, the United States, Japan, Austria, Belgium, Bulgaria, Croatia, Cyprus, Lichtenstein, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Iceland, Italy, Israel, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, New Zealand, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland, Sweden, Islamic Republic of Iran and United Kingdom;
11.2Persons associated with a country are defined as persons:
11.3If it is found that the 2WinTrade is providing services to persons associated with the countries in which the 2WinTrade does not do business, the 2WinTrade may apply the consequences listed in clause 8.5 of the Agreement.