Terms & Condition - ImmutableDynamix

Terms & Conditions

PLEASE CAREFULLY READ

THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE LOCATED AT https://immutabledynamix.com/ (THE “WEBSITE”) AND THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE WEBSITE AND SERVICES IMMEDIATELY.

1. АССЕРТANCE OF THE TERMS AND CONDITIONS

These Governance Terms and Conditions (the “Terms”) are a binding agreement between https://immutabledynamix.com/
(the “Company,” “us” “our” or “we”) and you, the person who uses the services described herein and/or the Website (the “Client,” “you” “your” or “yourself”).
By your use of the Website and/or opening an account to use our services, you agree to comply with the terms and conditions governing your use of the Website and the services offered through the Website (the “Services”).
In addition to the Terms, you should also read our Privacy Policy at https://immutabledynamix.com/ (the “Privacy Policy”) carefully, which sets out how we collect and use your personal information, and is an integral part of these Terms.
The Company shall be entitled to modify, change, or amend the Terms at any time and shall post the amended Terms on the Website, indicating the date the Terms were last amended. You shall be solely responsible for checking for any such updates from time to time. If you do not agree with any modification to the Terms your sole and exclusive remedy is to terminate your use of the Services and close your Account (as defined below).

2. SUMMARY OF THE SERVICES

Our Services allow you to enter into Transactions with the Company for CFD trading, in accordance with the Terms herein. “CFD”, or Contract for Difference, enables traders and investors an opportunity to profit from price movement without owning the Underlying Assets, where the profits are calculated by the movements in the prices of the Underlying Asset between trade entry and exit, computing only the price change without consideration of the asset’s underlying value.
CFDs are over-the-counter derivative Financial Products, which are not traded on any exchange and do not provide its holder with any rights or in the Underlying Asset.
For the purposes of these Terms, “Underlying Assets” means the security, index, commodity, foreign exchanges, futures contract, bullion or other instrument or asset or factor the reference to which the value of CFD is determined.
For the purpose of these Terms “Price” means the price or rate quoted by us (as adjusted for any fees and/or charges) and agreed to by you, whether it’s a buy price or a sell price.

3. REGISTRATION AND YOUR ACCOUNT

In order to use our Services and initiate any Transaction, you understand that you must open an account through our Website (your “Account”) and undergo our registration process, including without limitation, for the purposes of KYC, as shall be further described herein. You will be prompted to create a username and password to open your Account on the Website (your “Log-In”) and to proceed with registration. During the registration process, you shall provide us with requested information, which may include, without limitation, your name, identification number, birthdate, e-mail address, postal address, telephone number, and/or credit card information details, as applicable (“Registration Details”). You will use your Log-In to access your Account and Registration Details, as well as to access any other information that may be posted to your Account from time to time, such as transactional activity once you have been approved to use our Services.
You warrant and represent that all Registration Details that you provide to us, are true, accurate, and complete, and that you shall promptly update your Registration Details upon any changes to this information. You understand and agree that the name you provide must match the name on the credit/debit card(s), bank details, and other payment accounts [(e.g. personal virtual wallet)] which you provide to us.
You further acknowledge and represent to us the following:

you are at least 18 years of age and the legal age to enter into a binding agreement in your location;
you are of sound mind and capable of taking responsibility of your own actions with the full legal capacity to accepts these Terms;
The purpose of your Account is for your own personal use;
You shall only open one Account with the Website;
You shall not assist others in obtaining unauthorized access to the Website, Services and/or your Account and/or any other activity on the Website that has been strictly authorized to you;
You shall not access the account of any other person through the Website;
You shall be fully responsible for any activities undertaken by you on the Website and during the registration process.

4. You also acknowledge that certain restrictions may apply to CFD trading based upon applicable laws and regulations in your jurisdiction that may restrict us from entering into certain Transactions with you, and you understand that we have the right not to enter into any Transaction with you.

5. Confidentiality. You understand that you are responsible for maintaining the confidentiality of your Log-In, Account, and Registration Details and the safeguarding of your information. You understand that any compromise of your Log-In, Registration Details, and/or other Account information may expose your personal and confidential information to unauthorized access by a third party, which may also result in loss or theft of your funds, as well as any linked accounts, such as your linked bank accounts and credit cards.

6. You are responsible for the security of your Account information on your own personal computer and internet access location. You understand that if your username and password combination is “hacked” from your computer due to any viruses or malware that is present on the computer, or other device, from which you access the Website, the Company shall have no liability and you shall maintain responsibility. You should report any possible hacking attempts or security breaches from your computer terminal, or other device, immediately to the Company.

7. In the event you have any knowledge of: a) a third party gaining access to your Log-In and/or Account or other breach of security related to your Log-In and/or Account, b) compromise of your personal information, and/or c) any other unauthorized use of your Registered Details on the Website, you should notify us immediately by sending an email, to support@immutabledynamix.com including all relevant details.

8. Unauthorized Use. In the event you create a Log-In, open an Account, and gain access to the Services without our permission, we reserve the right to immediately suspend or terminate your use of the Website, as we deem appropriate, as well as suspend or terminate any pending orders or transactions; and we reserve the right to seek any other remedy to which the Company may be entitled for such violation and the Company may take further actions against you.

9. Security Alerts. The Company does not guarantee to provide you with security alerts or any other alert and the Company shall not be held liable for not providing any alerts. In no event will the Company be held responsible for any damages or losses which you may sustain as a result of compromise of your Log-In, Registration Details, or other Account information, other than due to the gross negligence of the Company.

10. No Criminal Activity Permitted. You hereby represent and warrant that you are in compliance with all applicable laws and regulations. Any criminal activity or fraudulent acts committed by you or under your supervision and/or control through your use of the Website and/or our Services are absolutely not permitted. You affirm and declare that you shall not perform or attempt to perform any such activity, including but not limited to, fraud, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. You also agree not to hide your IP location and you shall always disclose your accurate and true location.

4. KNOW YOUR CUSTOMER (“KYC”), AML POLICY, AND COMPLIANCE

As part of our KYC procedures and in order for you to be approved to use our Services, we will conduct a verification process to verify your Registration Details and confirm your identity and eligibility to use our Services. During this verification process, we may request certain documents from you, which may include proof of address, such as a utility bill, proof of your payment method and a copy of a government issued identity card. We reserve the right to require certified or notarized copies at your expense. You understand that we shall be under no obligation to accept any documents as valid. In addition to documentation, we may also choose to verify your identity through a video and/or audio call conference (collectively, the “KYC process”).
Along with our KYC procedure, we have implemented certain checks to prevent money laundering (the “AML policy”). Money laundering means the disguising of the source of proceeds derived from criminal activity so that it appears as though it came from legitimate sources of income. In order to prevent any criminals from laundering or attempting to launder criminal proceeds through our Website or Services, the Company has set forth the AML policy.
You acknowledge that in order to conduct such verification process and/or background checks, in accordance with our KYC procedure and AML policy, we may perform inquiries, directly or indirectly through third party service providers to prevent fraud, suspicious activity, misidentification, money laundering or any other prohibited activity. We reserve the right to take any action we deem necessary with respect to the outcome of such inquiries. You agree and consent to the Company’s global transfer, if necessary, of your information as required for its legitimate business purposes. The Company will retain your information to perform KYC checks for the period necessary to perform the KYC/AML reviews, and as required to comply with the Company’s legal obligations.
In the event that you fail our internal compliance and security checks for any reason, you may be prevented from using our Services, accessing the Website, and/or we may limit or suspend your use of the Services and/or Website at any time. You understand that the outcome of such KYC/AML reviews, including a decision not to approve you to use our Services, is within the Company’s sole and absolute discretion, and we are under no obligation to provide feedback on the exact nature of our findings.

5. SUSPENSION OR TERMINATION OF YOUR ACCOUNT

In the event the Company determines, in its sole discretion, that any activity you perform through our Website is suspicious or related to any prohibited activity, the Company may cancel or suspend your Account and/or access to the Website, block any outstanding transactions, deny any new transactions, and/or freeze any funds that may be available to you through our Services. You understand that you shall be held liable for losses incurred by the Company or by any third party due to the Client’s non- compliance and/or violation of any of the foregoing rules. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other criminal activity, and may also engage collection services to recover payments. You further acknowledge and understand that the Company also has the right to suspend or terminate your for any other reason.
You may terminate your Account at any time by submitting your request to terminate your Account at support@immutabledynamix.com You will be responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination and to settle any pending transactions, and to pay any applicable fees or charges. The Company reserves the right to suspend any pending transactions at the time of your termination.

6.TAXES

You acknowledge that you are solely responsible for any applicable taxes with respect to your transaction(s) on the Website and/or through the Services. The Company is not and at no point shall provide any tax advice concerning your CFD trading or any other Transaction through this Website and/or the Services. It is your responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in the relevant jurisdiction(s).
Unless otherwise agreed, the terms of any amounts payable by you under these Terms are stated exclusive of any taxes or mandatory payments. You must pay any such taxes or mandatory payments to the relevant government agency, or otherwise, which may apply under applicable laws, and you agree to fully indemnify us for any such payments we may be required to make on your behalf. You hereby agree and represent that we may debit your Account in the amount of any such payments we are required to make on your behalf.

7. SERVICE FEES AND CHARGES

You agree to pay to us the following fees and charges (collectively, the “Fees”):

Withdrawal Fees: Please refer to the Company’s withdrawal policy that can be found in the following link: Withdrawal, Refund. and Cancellation Policy.
Dormant Account Fees: In the event that no Transaction has been executed through your Account for 30 consecutive days, we may charge your Account with Dormant Account Fees in the amount of 99 (ninety nine) USD/GBP/EUR per each such period. You hereby explicitly confirm and authorize us to charge your Account with the Dormant Account Fees, which shall be deducted automatically.
Event of Default charges: We may charge you, debit your Account or otherwise be reimbursed by you for any costs and expenses which may apply to us pursuant to your Event of Default. An Event of Default shall mean any breach by you of these Terms, or you becoming in any way unable to pay your obligations (e.g. if you become insolvent or bankrupt, or a receiver, manager or administrator is appointed to you or any of your assets).
Overnight Fees

A daily charge may apply to each Forex or CFDs open position at the closing of the Company’s trading day (the “Overnight Fee”). If the Overnight Fee is applicable, it will be paid by the Client directly to the Company from the Clients’ Trading Account Balance. The method of calculation of the Overnight Fee varies according to the type of FX/CFD to which it applies to. The Overnight Fee will be debited from the Client’s account on the next trading day following the day to which it relates.
The Company reserves the right to change the method of calculating the Overnight Fee, the financing rates and/or the types of FX/CFDs to which the Overnight Fee applies. For certain types of FX/CFDs, a commission is payable by Client to open and close FX/CFD positions. Such commission payable will be debited from Client’s account at the same time as the Company opens or closes the relevant FX/CFD. Changes in our swap interest rates and calculations shall be at our own discretion and without notice. Clients need to always check information for the current rates charged. Information concerning the swap rates for each Financial Instrument is displayed on the Trading Platform. Rates may change quickly due to market conditions (changes in interest rates, volatility, liquidity etc.) and due to various risk related matters that are at the Company’s sole discretion.
Any open FX/CFD transaction held by a Client at the end of the trading day as determined by the Company or over the weekend, shall automatically be rolled over to the next business day so as to avoid an automatic close and physical settlement of the transaction. Client acknowledges that when rolling over such transactions to the next business day a premium may be subtracted from the Client’s account with respect to such transaction.
Information concerning the Overnight Fee rates will be visible to you upon pressing the right arrow dropdown option available near each transaction on the Trading Platform.
If you are in a selling position you will find the Overnight Fee (percentage) listed under the “Sell Rollover” section of the dropdown. If you are in a buying position you will find the Overnight Fee (percentage) listed under the “Buy Rollover” section of the dropdown.
On Wednesday around 00:00 GMT, the overnight fees are multiplied by three (x3) in order to compensate for the upcoming weekend.

Additional Fees and Expenses: We may charge you, debit your Account or otherwise be reimbursed by you for any costs and expenses which may apply to us by third parties in connection with your trading with us, including but not limited to any transaction charges, commissions, fees, Prices, premiums, settlement and clearing fees, legal expenses and taxes.
Fees in connection with Third Parties. You acknowledge and agree that:

We may receive commissions and other benefits from third parties in relation to Transactions we enter into with you or on your behalf or in connection with other services provided to you. We are entitled to retain such commissions and benefits;
If you have been referred to us by or on behalf of a broker or other third party, that broker or third party may receive benefits in the form of a commission or rebate from us;
You hereby explicitly agree and consent that any Fees which shall be payable by you shall be deducted from your Account without prior notice.

8. TRANSACTIONS: OPENING AND CLOSING CFD TRANSACTIONS

All Transactions are entered into between you and us as principal. Transactions involve opening or the closing out of a CFD. You acknowledge that all Transactions are based upon a Price we quote and agreed to by you. You also understand that we are not required to enter into any Transaction with you. For the purposes of these Terms, a Transaction may also be referred to as a CFD hereinafter.
Quotes. Prices for such CFD transactions are quoted by the Company with a buy price and a sell price. The price quote given to you by us allows you to enter into the Transaction at the higher quoted price or to close out an existing CFD at the lower quoted price.
Long and Short Positions. When entering into a CFD in the expectation that the price of the Underlying Asset will increase, you go “long” and enter into a long position. When entering into a CFD in the expectation that the price of the Underlying Asset will decrease, you go “short” and enter into a short position. Generally, in a long position you will buy, and in a short position you will sell. Please see Appendix 1 to these Terms for examples of going long and short.
Before you enter into a Transaction, you are required to hold sufficient funds in your trading account inclosing the Margins (as defined in Section 10 below).
Orders. To enter into a Transaction, you must choose one of the offers on the Website and requestor to open the relevant Transaction (“Order”). Any Order you insert shall be considered pending, not be binding on us until confirmed and executed by us, which may be immediate or may take some time, based on various factors, including technological setbacks and market conditions. Once an Order is accepted, the Transaction is final and irreversible, and can not be cancelled. We may reject any Order inserted by you, for any reason whatsoever, including if we believe there has been an error or a price manipulation of any sort.
Confirmations. After we execute your Order and open the subsequent Transaction, you will automatically receive from us a confirmation via the Company’s online trading platform (the “Platform”) or other electronic format (e.g. email). You must review any confirmation or statement immediately to ensure its accuracy and you must report any discrepancies to us as soon as reasonably practical. Confirmations are deemed to be conclusive and binding on you if not objected to by you in writing within 48 hours of the confirmation being made available to you.
You will not be able to enter into any new Transactions where the Underlying Asset is subject to a trading halt or suspension by the relevant market (or if the relevant index is suspended), or otherwise not being able to be traded.
Closing Out. Generally, CFDs do not have an expiry date. They remain open until they are closed in accordance with the terms of your Transaction. When you wish to close a CFD position, you enter into a CFD which is equal and opposite to the open CFD. To proceed in this manner, you must contact a Company representative via the Platform and we will determine the current market value (or level) of the Underlying Asset for the CFD, with the view to closing the CFD position (or part of it).
Upon receiving the quote of the current market value from us, you will have the opportunity to accept the value. Upon your decision to accept, the next step involves your instruction to us to close your open position in accordance with your instructions. The total closing value is then determined by multiplying the number of CFDs by the value of the CFD’s Underlying 8.10. In the event the Underlying Asset has its own termination or expiry date, then the relevant CFD will terminate on or before the expiry of the Underlying Asset, unless earlier terminated by you or upon your instructions to rollover the CFD. For example, a CFD over a futures contract traded on an exchange usually has a fixed expiry date, and generally, prior to termination, the exchange will issue a notice of that expiry. It is your responsibility to monitor the notice dates and expiry dates of any Underlying Assets for your CFDs.
When you open a CFD, you may also have the option to pre-determine a close-out date based on the occurrence of certain events or market prices.
We shall have the right, in our sole discretion and without providing you any prior notice, to close out any open CFD immediately, at the occurence of any of the following:

We shall have the right, in our sole discretion and without providing you any prior notice, to close out any open CFD immediately, at the occurence of any of the following:
Your breach of these Terms or of any of your obligations to us;
Any Adjustment Event (see Section 12 below);
We reasonably suspect any market manipulation or price manipulation has taken place;
Any material error has occurred in relation to that CFD; or
Any technical problem occurs, which requires the close out of the CFD.

9. DEPOSITS, WITHDRAWALS, CANCELLATIONS & CHARGEBACKS

Deposits, In order to initiate any Transaction, you must first maintain sufficient cleared funds into your Account by way of deposits to cover your desired transaction. You may deposit funds through the use of credit card payment, a bank transfer or a virtual currency transfer to the account provided by the Company. You understand and acknowledge that the payment methods accepted by the Company may change from time to time at our discretion. The Company, at its sole dicretion, may require a minimum amount to deposit and may change the minimum from time to time.
Withdrawals are subject to the Company’s Withdrawal, Refund, and Cancellation Policy.
All of your deposits and withdrawals shall be recorded under your Account.
Cancellations are subject to the Company’s Withdrawal. Refund. and Cancellation Policy.
You understand and acknowledge that the Company cannot guarantee that your credit card provider or bank will accept the funds and it is your responsibility to ensure that the credit card company or bank that you wish to use will accept your funds.
Chargebacks. You agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any payment or deposits that you have made. You hereby agree that you will reimburse us for any chargebacks, denial or reversal of your payments or deposits and any loss suffered by us as a consequence of this. In any such event, we reserve the right to cease to provide the Services, terminate the Terms, withhold payments to you, and take any further action which we may see as appropriate.
You also agree that the Company may, at any time, set off any amount owed by us to you against any amount owed by you to us and adjust your Account records to reflect any changes resulting from such set-offs.

10. LEVERAGE AND MARGIN

CFDs are leveraged products, meaning that you are required to pay only a certain fraction of the total value of the contract in order to enter and maintain a CFD (“Margin”). This means that with a small amount of money you are able to control a larger amount, giving you a higher market exposure. You should be always aware that just as the leverage may work in your favor, magnifying your gains, it may also work against you, in similarly magnifying your losses. Since the CFDs are leveraged instruments, by trading them you are exposed to the risk of losing substantially more than your initial investment amount.
There are two types of Margin or “Margin cover” applicable to your Account: a) an “initial” margin, to enter into a CFD (the “Initial Margin”), which will typically be a percentage of the total value of the contract, to be determined by us; b) a “maintenance” margin, meaning a margin to maintain the Margin cover in light of adjustments to the percentage of value of the security allowed as Margin cover or other trading platform adjustments not related to the price movements of the financial products (a “Maintenance Margin”).
Margins must be held as long as a position is open, as further explained under Section 10. The minimum Margin will be set by us and can be changed at our sole discretion at any time according to the movement in the market, and represent a percentage of the total value of the CFD, and shall typically be between 0.25% and 50%, but may be as high as 100% of the CFD value. For example, if the value of a CFD is $220,000, the Margin might be $22,000, which represents 10% of the CFD value.
The Margin cover is usually provided from available funds in your trading account. This means that you must hold sufficient funds in your trading account before you can open a position. Owing to the volatility of the market, the amount of required Margin cover may change after a position has been opened, requiring a Maintenance Margins to be paid by you at that time. The Margin requirement is calculated to cover the maximum expected movement in the market at any time.
Please see Appendix 1 for trading examples and how the Margin requirements apply.