These Terms and Conditions which include the Schedules, any express consents given by you from time to time, and any documents we refer to, including the General Risk Disclosure, Conflicts of Interest Policy, the Best Execution and Order Handling Policy and the Privacy Notice, form the agreement between you and two service providers, Lybero. We refer to all these documents as the "Agreement". You expressly agree to the terms of the Agreement and we will also treat your access to and use of our Services (our "Services" are explained in clause 3.3 below) as acceptance of the terms of the Agreement.
1.1. This Agreement should be read carefully by the Client. The Agreement is an e-document and doesn‘t require
signing. The terms of this Agreement shall be considered accepted unconditionally by the Client upon the
Company‘s receipt of an first payment made by the Client in accordance with this Agreement.
1.2. The Agreement may be translated in all the official languages of the Company‘s website. Such translation will only be intended to provide information. In case of any differences between English version of the Agreement and its translation, the English version will have priority.
1.3. As soon as the Company receives the first payment Client‘s, every operation made by the Client in the Investment service shall be subject to the terms of the Agreement.
1.4. The Client and the Company enter into every operation in the Investment service as principals, and the Company does not act as an agent on the Client‘s behalf unless otherwise agreed. The Client shall be directly and fully responsible for fulfilling all of their obligations regarding their operations in the Investment service. If the Client acts on behalf of someone else, regardless of whether that individual is identified or not, the Company shall not view that individual as a client and shall not bear any responsibility to them unless otherwise specifically agreed.
1.5. The terms used in this Agreement are defined in Clause 2 ("Terms and Interpretation").
2. TERMS AND INTERPRETATION
In this Agreement:
"Available Balance - shall mean the total financial result of all completed transactions and deposit/withdrawal operations on the investment account.
"Website" - shall mean Company‘s website at lybero.ai
"Official domains" - Internet addresses where the Company‘s website is available:
"Client‘s External Account" - shall mean the bank and/ or electronic account of the Client or the Client‘s Authorized Person.
"Fund Deposit" - shall mean the deposit of funds transferred by the Client or the Client‘s Authorized person and credited to the Company Account for transfer to the Client‘s Account.
"Withdrawal Request" - shall mean an instruction given via the Investor dashboard on the Company website to withdraw funds from the Investment account and transfer them to the Client‘s External Account or the Account of the Client‘s Authorized Person, as specified in the instruction.
"Client Account" - shall mean any account opened by the Client at the Company including Transitory Accounts, partner accounts, Manager‘s accounts, Investor‘s accounts and other account types.
"Personal Account" - an individual space of the Client on the company‘s Website, access to which is opened after entering a unique login and password. This protected area is designed to the Client, support his accounts, maintain a register of transactions and information support of the Client.
"Inactive account" - the account of a Client that is within 3 calendar months in a row was not committed any financial transactions.
"Client‘s Authorized Person" - shall mean: an individual over 18 years of age, citizen and/or tax resident of any country, except for those countries in which the Company does not offer the given service, authorized to perfom1 or receive non-cash (bank and/or electronic) transfers on behalf of the Client, for the purpose of crediting funds to the Client‘s Account or withdrawing funds from the Client‘s Account.
"Force Majeure" - shall mean lack of confonnity of the tenns and conditions of the Company and the terms and conditions of the counterparty, current market situation, possibilities of software or hardware of the Company or other situations which cannot be foreseen.
"Electronic Payment System" - shall mean a payment system operating with electronic money (payment service provider).
"Exchange rate" is the amount in one currency that you need to pay to buy another currency, i.e. to exchange currencies. There are two types of exchange rates: the Current rate, i.e. the rate at a given time. Forward exchange rate.
"Investor‘s Room Number" - shall mean the unique number assigned to each Client upon acceptance of this Agreement.
"Written Notification" - shall mean an electronic document (including faxes, emails, internal mail in the investor‘s dashboard etc.) or an announcement on the Company‘s website.
"Processing Center" - shall mean a legal entity or its department that supports the informational and technological interaction between payment participants.
"Business Day" - shall mean a working day from Monday till Friday.
"Withdrawal" - shall mean the withdrawal of funds from the Investor‘s Account and their remittance to the Client or the Client‘s Authorized Person‘s bank details, as indicated by the Client in the "Withdrawal Request".
"Company Account" - shall mean the bank or/and electronic Account of the Company, and the Company Account in the Processing Center.
"Investment Account" - shall mean the unique personified register of all completed transactions, open investments.
3.1. Subject to the Client fulfilling the obligations under this Agreement, the Company shall provide the Client
with the ability to make transactions allowed by the capabilities of the Investment service.
3.2. The Company shall carry out execution of financial transactions of the Client. The Company is entitled to execute transactions requested by the Client even if the operations is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement, to monitor or advise the Client on the status of any Deposit. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client‘s order using more favorable than those offered through the Investment service.
3.3. The Client shall not be entitled to ask the Company to provide investment advice or any information intended to encourage the Client to make any particular financial transaction.
3.4. In the event that the Company does provide advice, information or recommendations to the Client, the Company shall not be responsible for the consequences or result received from using these recommendations or advice. The Client acknowledges that the Company shall not, in the absence of fraud, intentional failure to carry out its responsibilities or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client including, but not limited to, infonnation regarding any Client transactions. Though the Company has the right to void or close any Deposit in the specific circumstances set out in this Agreement, any transaction the Client carries out following such an inaccuracy or mistake shall nonetheless remain valid and binding in all respects both on the side of the Company and of the Client.
3.5. The Company does not provide its service in the following countries: the USA.
4. CONFLICT OF INTEREST POLICY
4.1. The Company, partners of the Company or other affiliated parties may have material interest, a legal
relationship or arrangement concerning a specific transaction in on the Investment service or interests,
relationships, or arrangements that may be in conflict with the interests of the Client. By way of example, the
- advise and provide other services to partners or other clients of the Company who may have interests in investments which conflict with the Client‘s interests.
The Client consents to and grants the Company authority to deal with or for the Client in any manner which the Company considers appropriate, notwithstanding any conflict of interest or the existence of any material interest in any transaction in the Investment service, without prior notification of the Client. The Company‘s employees are required to comply with a policy of impartiality and to disregard any material interests or conflicts of interest when advising the Client.
5. INVESTMENT ACCOUNT OPENING
5.1. In order to open a investment account the Client should fill out the registration form on the Company‘s
5.2. The Company reserves the right at its absolute discretion to accept or reject the Client subject to all the data requested has been received by the Company in full.
5.3. The Company has the right to refuse the Client in opening and maintaining investment account, if the information stated in the registration form is not valid.
6.1. The Client may deposit funds to the Client account at any time.
6.2. The Client shall hold full responsibility for the accuracy of payments executed. If the Company payments details change, the Client shall hold full responsibility for any payments carried out in accordance with the obsolete details from the moment the new details are published in Company.
7. CLIENT‘S FUNDS
7.1. Client funds are held on Company accounts including segregated accounts opened in the Company‘s name for holding Client funds separate from the Company‘s funds.
8. DEPOSIT/WITHDRAWAL POLICY
8.1. The balance value of the Client‘s account is the amount of the Company‘s financial commitments to the
Client at a particular time, unless additional terms are stipulated. The additional term may be participation of
the Client in different campaigns arranged by the Company.
8.2. Withdrawal request should be executed by the Client in an electronic form specified in the Investment service internal interface. After creation of the request the withdrawal amount shall had been deducted from the balance of the account until the moment of effecting payment. Payments made under the Client‘s requests are not subject to refund or appeal.
8.3. In order to deposit the investment account the Client uses the Investment service internal interface.
8.4. The Client agrees that in case of failure in the software operation, delay in deposit of funds to the Investment account is possible.
8.5. The Client agrees to pay all extra costs (if necessary) including taxes, customs etc.
8.6. The Company and the Payment services provider guarantee only effecting payments in specified by the Client amount and do not bear any responsibility for payment of the abovementioned extra costs by the Client.
8.7. After pushing the button "Pay" and the payment confirmation the payment is deemed to be processed and made irrevocably.
8.8. After pushing the button "Pay" and the payment confirmation the Client agrees that:
- by placing the request for funds deposit the Client confirms the payment and accepts the provisions of the Agreement;
- acknowledges all the risks connected with this service and accepts them;
- will not be able to call off the payment or to request its appeal;
- reached or exceeded lawful age;
- understands and accepts that the Client‘s payment processing is implemented by the Payment services provider.
8.9. The Company and the Payment services provider do not bear any responsibility for the refusal connected with non-receipt payment.
8.10. Official methods of deposit/withdrawal of funds are wallets/accounts of the Company in all the payment systems specified in the Investment service. All the risks connected with using payment systems are accepted by the Client since the payment systems are not the Company‘s partners. The company does not bear any responsibility for delay and/or non-arrival of funds to the account balance due to the fault of payment systems. If the Client is dissatisfied with a payment system work he should refer to the payment system‘s support service. The Client is obliged to inform the Company of such cases.
8.11. The Company does not bear responsibility for actions of third parties carrying out intermediary activities in the Client‘s deposit/withdrawal operations. In the Client‘s deposit operation, the Company starts bearing responsibility from the moment of receipt of the Client‘s funds to the Company‘s account and/or to the Company‘s account in the payment systems specified on the Company‘s website.
8.12. In case of revealing signs of fraudulent activities in financial transactions after deposit of funds to the Client‘s account balance, the Company is entitled to cancel the transaction and to freeze the account. In the Client‘s withdrawal operation the Company stops bearing responsibility after the moment of withdrawing funds from the Company‘s account and/or from the Company‘s account in the payment systems specified on the Company‘s website.
8.13. Withdrawal of funds from the Client account is made in accordance with the details which have been indicated by the Client when depositing.
8.14. If the Company‘s security service suspects the Client of fraudulent activities or deception, the Company is entitled to block the Client‘s account without prior notification and possibility of further withdrawal of funds.
8.15. If there are no financial activities in the Client‘s investment account during 3 months, the Company is entitled to regard the Client‘s account as inactive and to transfer it to archive with preservation of funds in full measure or to refund the funds.
8.16. All payments are made within 48 hours on your demand.
9.1. By accepting the terms of this Agreement, the Client also agrees that he will receive letters and mailings
from the Company to the personal e-mail specified in the Personal Account of the Investment service.
9.2. If the Client deems the Company to violate the tenns of the Agreement, they have the right to make a claim.
9.2.1. In order to make a claim the Client uses the contacts indicated on the website.
9.2.2. If a dispute cannot be settled in accordance with this Agreement, the final decision on this claim is taken by the Company according to the prevailing market practices and legal ethics.
10. EVENTS OF DEFAULT
10.1. Each of the following constitutes an instance of failure to fulfill obligations:
- Client‘s failure to fulfill any obligation due to the Company;
- Client‘s inability to pay debts when they fall due;
- If the Client dies or becomes legally incapable;
- any other circumstance where the Company reasonably believes that it is necessary or desirable to take any action set out in clause 10.2.
10.2. If an instance of failure to fulfill obligations occurs in relation to the Client‘s, the Company may, at its sole discretion, at any time and without prior written notice, take one or more of the following steps:
- close the client‘s investment account opened with the Company;
- refuse to open new accounts for the Client.
11. REPRESENTATIONS AND WARRANTIES
11.1. The Client shall represent and warrant that:
11.1.1. All information provided according to this Agreement in registration form on the Company‘s website is trne, complete and accurate in all material respects;
11.1.2. The Client is duly authorized to enter into this Agreement, to issue instructions and requests and to fulfill their obligations in accordance with this Agreement;
11.1.3. All actions perfonned under this Agreement will not violate any law, ordinance, charter, by-law or rnle applicable to the Client or in the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or that concerns any of the Client‘s assets;
11.1.4. The Client will indemnify the Company for all liabilities, costs, claims, demands and expenses of any nature which the Company suffers or incurs as a direct or indirect result of any failure by the Client to fulfill any of the obligations under this Agreement.
11.1.5. Clients shall not give access passwords to the Investment service to third parties and agrees to keep them secure and confidential. All actions related to the fulfillment of this Agreement and/or the usage of logins and passwords are considered executed by the Client. The Company does not bear responsibility for the unauthorized use of registration data by third parties.
12. GOVERNING LAW AND JURISDICTION
12.1. This Agreement is governed by and shall be construed in accordance with the laws of the country in which
the Company is registered. With respect to any proceedings, the Client irrevocably:
12.1.1. agrees that the courts of the country in which the Company is registered shall have exclusive jurisdiction to settle any proceedings;
12.1.2. submits to the courts of the country in which the Company is registered;
12.1.3. waives any objection which the Client may have at any time to the laying of any proceedings brought in any such court;
12.1.4. agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Client.
12.2. The Client irrevocably waives to the fullest extent permitted by applicable laws of the country in which the Company is registered, with respect to the Client and the Client‘s revenues and assets (regardless of their use or intended use), all immunity ( on the grounds of sovereignty or other similar grounds) from (a) suit, (b) jurisdiction of any courts, ( c) relief by way of injunction, order for specific performance or for recovery of property, ( d) attachment of assets (whether before or after judgement) and ( e) execution or enforcement of any judgement to which the Client or the Client‘s revenues or assets might otherwise be entitled in any proceedings in the courts of any jurisdiction and irrevocably agrees to the extent permissible by the law of the country in which the Company is registered not claim any such immunity in any proceedings. The Client consents to satisfying all requirements and court orders in connection with such proceedings, particularly, but not limited to, those regarding any of the Client‘s assets.