1. These Terms and Conditions shall regulate the principles and conditions of interaction between ____________, legal address: ____________________, registration number ___________, hereinafter referred to as the “Company”, on the one part, and any full-aged person, having accepted present Terms and Conditions, hereinafter referred to as the “Client”, on the other part together hereinafter referred to as the “Parties”.
2. By registering on the Website the Client confirms that he has read and understood the present Terms and Conditions and agrees to be bound hereby.
3. The Client acknowledges that the Company has the right to unilaterally amend and update these Terms and Conditions, delete any terms hereof, and make additions and adopt new annexes hereto at any time and at its discretion by publishing the updated version of this Terms and Conditions on the Website.
4. If the Client continues to use any of the Services provided by the Company via the Website after the date the amendments to Terms and Conditions took effect, the new edition of the Terms and Conditions is considered to be accepted by the Client.
5. In event of disagreement on the new edition of the Terms and Conditions or any of its parts, the Client shall immediately stop using any of the Services provided by the Company via the Website.
6. Parties shall follow these Terms and Conditions and undertake to observe them.
7. If provisions of these Terms and Conditions differ from other documents, signed and (or) accepted by the Parties via bilateral or multilateral procedure, as well as from the translations of these Terms and Conditions into other languages, posted on the Website, the provisions of these Terms and Conditions in English language shall prevail.
8. This version of the Terms and Conditions shall be valid from 28 march 2022, up to the date of placement of the updated version of these Terms and Conditions on the Website.
“System” is a set of software and hardware that forms an automated system, that ensures the interaction of the Parties in the provision of Services, as well as registration, record, and storage of the information on the Client’s accounts, Forecasts and transactions therewith.
“Services” includes all services provided by the Company to the Client via the Website to provide the Client with the opportunity to make Forecasts.
"Client” is an individual who has reached the age of majority who makes Forecasts using the Website through interaction with the System.
“Application” is a specialized software installed on the Website and used by the Client with the view of interaction with the System.
“Forecast” is a set of the conditions and characteristics selected by the Client during the Session in relation to the change of quotations of currency pairs or other pairs of assets available.
“Forecast price“ is a cost the Client pays for making a Forecast. It is deducted from the Transactions account of the Client regardless of whether the Forecast turns out to be correct and thus profitable for the Client or not.
“Session“ is a continuous period of time during which the Client interacts with the System by entering commands in relation to the Forecasts through the Application.
“Website” is a website on the Internet, located at the address: _______________ on which the Application(s) is(are) installed.
“Gekkoin” is the only applicable currency used on the Website and in the System for any transactions between the Parties including any deposits and withdrawals as well as valuation of the Forecasts.
“Transaction account” reflects all Client’s Gekkoin inflows and outflows. It is divided into three sub-accounts: Deposits sub-account, Primary sub-account and Bonus sub-account.
“Deposits sub-account” is the part of the Transaction account of the Client, on which all the inflows from the Client’s Gekkoin deposits are recorded. The Client uses this Gekkoins in view of making Forecasts within the System.
“Primary sub-account” is the part of the Transaction account of the Client, on which the Client’s Gekkoin inflows and outflows are recorded. All Gekkoins from the successful Forecasts of the Client are credited on this sub-account. The Client uses this Gekkoins in view of making Forecasts within the System as well as for making withdrawals.
“Bonus sub-account” is the part of the Transaction account of the Client, on which all Gekkoin inflows, deposited by the Company for advertising purpose to the Transaction account of the Client are recorded. The Client may use these Gekkoins only in view of making Forecasts within the System.
All Terms within this Terms and Conditions may imply both plural, and singular.
The Client is offered the opportunity to easily and quickly make Forecasts by means of the System during the Sessions in respect of the change of quotations of currency pairs or other pairs of assets available. When the Forecast is made by the Client its value is automatically calculated by the System based on the Forecast conditions selected by the Client. This value is nominated in Gekkoins. If the Forecast made by the Client turns out to be correct, the Client receives profit equal to the value of the Forecast minus System commission. All actions of the Client during the Sessions should be considered as virtual activities for his own entertainment and will not result in buying or selling any currency or assets.
3.1. By means of the System the Client is offered the opportunity to carry out Forecasts, analyzing the current flow of quotations of the chosen currency pair or other pairs of assets available. The flow of quotations is formed on a real-time basis.
3.2. The System, while forming the flow of quotations, uses the information of third parties – the Suppliers of quotations.
3.3. The Suppliers of quotations are the world's largest market makers of the Forex market and reliable news agencies.
3.4. The System shall carry out monitoring of the activity of the Suppliers of quotations with automatic problem detection notification. If the insufficient number of active Suppliers of quotations or quotation flow inconsistency is detected, the output quotations stream shall not be formed, the System shall issue the appropriate message via the Application.
3.5. When obtaining information from Suppliers of quotations in the Forex market there is the possibility of low activity periods, when data from Suppliers of quotations may be unstable. The System shall issue an appropriate message to the Client via the Application.
4.1. With the view of interaction with the Company via the Website and the Application, the Client is given the access to the System.
4.2. To register, the Client must have reached the age of majority. The Company reserves the right to request proof of age from any Client.
4.3. The Client shall provide, if necessary and requested by the Company, his personal data and a copy of the personal identity document, when undergoing the procedure of identification in the cases, determined by the applicable legislation, these Terms and Conditions and by the internal regulatory documents of the Company.
4.4. Client's account may be suspended until the procedure of identification is completed or/and satisfactory proof of age is provided.
4.5. Each Client must ensure that he complies with his own local, national or state laws regarding such activities before registering.
4.6. It is possible that all or some residents of certain countries are prohibited from accessing the Website. The Company does not intend people living in countries where such activities are considered non-compliant to use the website for any purposes. The Website should not be regarded as an offer, advertisement or invitation from the Company to use or source the Services in those jurisdictions where such activities are considered non-compliant.
4.7 The Client is responsible for informing himself about the applicable laws in his place of residence and citizenship.
4.8. The Client must ensure that when using the Website and/or when making Forecasts on the Website he acts within the laws of his own jurisdiction. The Company cannot be held responsible for any violation of local laws on the part of the Client.
4.9. Only one account is allowed for each Client. If the Client tries to create more than one account, all these accounts may be blocked or closed, and any Forecasts canceled. Any deposits, winnings and bonuses received in the presence of duplicate accounts will be canceled.
4.10. The Company reserves the right to:
a) reject opening or close the Client’s account without providing a reason;
b) reject individual Forecasts without providing a reason;
c) limit the Forecast price on individual Forecasts;
d) limit the Forecast price of individual customers.
4.11. The Company is not liable for transmission errors with regards to the Forecasts data and results. The company engages third parties for its services that have also contractually excluded a company from any liability. Therefore, there may be absolutely no claims for compensation due to transmission errors, delays, or the misuse or manipulation of data during transmission via the Internet or for other errors occurring during transmission of data and results.
4.12. With the view to get access to the System via the Website and the Application, the Client must be registered within the System, having completed a registration form on the Website or having used of an existing record entry in the social network.
4.13. Access to the System shall be provided via the Application using a computer or a web-enabled mobile device of the Client.
5.1. Use of the Application with the view of the Client’s interaction with the Company shall be possible only upon the Client’s undergoing the procedure for registration in the System. The Application contains the control elements, which provide the Client with the opportunity, by carrying out Forecasts of quotations change, to participate in the Sessions. The Application displays the set of the flow of quotations of the currency pair or other pairs of assets available, chosen by the Client, being formed on a real time basis.
5.2. The state of the Transaction account of the Client is shown via the “Balance” indicator within the Application. Therewith, the Client may control the state of his Transaction account and make deposits in time.
5.3. Depending on the characteristics of the Forecast, set by the Client, the possible profit amount of the Client is shown via the “Profit” indicator within the Application.
5.4. The Client confirms his Forecast by pressing «Go!» button. The Forecast price is deducted from the Transactions account of the Client. If the Forecast made by the Client turns out to be correct, the Client receives profit minus System commission.
5.5. During the periods of the market activity decay, the System shall automatically display the appropriate message via the Application. In this case, the amount on the Transaction account of the Client shall be set in the state, which preceded the period of activity decay.
6.1. Deposits and withdrawals into and from the Transaction account can be made only in Gekkoins. A Company has the right by its own discretion to request from the Client all needed documents in view of the transaction.
6.2. All payment transactions are made through secure connections so that the unauthorized access by third parties is avoided in the best possible manner.
6.3. The Company reserves the right to stipulate minimum and/or maximum amounts for deposits. Possible restrictions and deposit fees are shown in the "payment options" and “deposit options” or equivalent section on the Website and/or will be explicitly stated during the payment process.
6.4. No interest is accrued or paid on any funds stored in the Client's Transaction Account, regardless of the amount.
6.5. If the Client desires to receive payment of the whole amount, being on the Primary sub-account, or a part thereof, the Client shall enter the desired amount of payment in the Application and by pressing the appropriate button shell send the Claim for receipt of money to the Company.
6.6. The Company checks the validity of Client’s requirements. Then, in the case of the positive result of this check, the Company informs the Client on the result via the email, specified by the Client at registration and provides the special web link, by the use of which the Client shall confirm the payment. After that the Company shall pay the mentioned amount, whereupon the Primary sub-account of the Client shall be decreased by the amount of the payment made. In the case of the negative result of the above check, the Company informs the Client thereon also via the email, specified by the Client at registration on the Website.
6.7. Minimum withdrawal amount is 10 Gekkoins.
6.8. All withdrawal requests are carried out within 48 hours from the time of application from 8.00 till 17.00 CET on condition this period does not fall on weekends (Saturday and Sunday) or on holidays. In most cases withdrawal requests are carried out within 24 hours from the moment of application. The terms specified do not include the cases when the Client must verify the information, he provided the Company with. In this case payment period starts from the moment of the successful Client's documents check.
7.1. All Services provided at the Website are being consumed instantly by the Client. Refund, cancellation of service cannot be carried out during interaction with the System.
7.2. As soon as the Client makes a Forecast, the corresponding number of Geckos will be instantly debited from the Client's Transaction account.
8.1. By providing Personal Information to the Company, the Client explicitly consent to processing and disclosing of his Personal Information for the purposes, provided in accordance with the Terms and Conditions.
8.2. Personal information is any information that identifies the Client or by which the Client’s identity can be reasonably determined.
8.3. The Company only collects Personal information that is necessary for providing of the Services. The Personal information, which may be collected from Clients may include e-mail, name, address, birth date, details of transactions and any other information the Client wishes to provide.
8.4. In some cases, the use of the Website and/or the System may be restricted if the Client does not provide the requested information.
8.5. The Company will process the Client’s Personal Information to administer the Client’s account, monitor Website usage and the quality of the Services provided and to inform the Client, from time to time, about Company’s products and services. Such information may be analyzed in order to investigate any actual or suspected criminal activity or, in respect of any event on the Website.
8.6. The Company may also disclose Client’s Personal information in certain circumstances, if required or authorized by the law. For example, disclose Personal information when ordered to do so by order of the governing authorities and/or under provision in the governing law.
8.7. The Client hereby consents the Company to disclose Personal information to credit rating agencies, fraud detection agencies and anti-money laundering agencies.
8.8. The Client herby consents the Company and/or its possible service providers to transfer Personal information from one country to another in order to provide the Client with and efficient service.
8.9. Personal Information of the Client can be accessed only by employees with relevant training, who have the right to process the data only in the extent required for performance of the employee's duties.
8.10. Personal Information of the Client is protected by the Company, applying strict security and confidentiality rules and has adopted physical and technical security measures for the protection of Personal Information.
9.1. The Client shall bear full responsibility for all risks, connected with the use of the Internet at interaction with the Company when using the System.
9.2. The Client shall assume the full responsibility for all risks connected with loss (forfeit, compromise) of his identification data. The Client shall assume the full responsibility for the safety of his login and password and all risks, connected with their loss (forfeit, compromise).
9.3. The Client shall agree to bear the full responsibility for appropriate settlement of each his transaction. Such transactions shall include any transactions, concluded by members of the Client’s family or by other people who got the access to his Transaction account. The Client shall bear the responsibility for providing that only he controls the access to the Transaction account and that minors have no access thereto. In any case, the Client shall bear the full responsibility for all transactions, performed with regard to his Transaction account. The Client shall be obliged to indemnify the Company for losses and damages of whatever kind, which the Company may incur as a result of a direct or indirect inability of the Client to execute or settle such transaction.
9.4. The Client assumes the risks and bears full responsibility for the consequences if he uses the System’s Services in a jurisdiction where it is prohibited by local regulations for its residents (or certain categories of persons, which include the Client) and/or on its territory.
9.5. Existence of a malicious code (“backdoors”, “Internet worms”, “trojan horses”, “viruses”, “rootkits”, malicious “shellcodes”, as well as other malicious software) on a computer (mobile device) of the Client (as well as on any other data carrier, which he uses at the time of work with the System) shall confer the responsibility for all suffered losses during the work with the System on the Client.
9.6. During the work with the System it is necessary for the Client’s computer to have: the anti-virus with the updated database (no later than the date when entry into the System is performed, therewith before the work with the System the Client shall undertake to update anyway a database of the established anti-virus), the brandmauer, as well as the updated version of the browser, the updated version of an operation system.
9.7. Use of means of anonymization (proxy servers, socks-servers, allocated anonymous networks of “tor” type and so forth) by the Client is strictly forbidden during the work with the System. Violation of this requirement shall confer the full responsibility for possible losses and/or loss of benefit on the Client.
9.8. Persons possessing the insider or professional information concerning any features of the performance of the System, shall be forbidden to perform transactions within the System or consultation of the Clients or third parties thereon outside the public information.
9.9. The Company reserves the right to declare the Forecast invalid if there is reason to believe that any of the following occurred:
a) The Client or his accomplices directly or indirectly influenced the results of the game in order to extract illegal benefits.
b) At a time when technical problems occurred on the Website such Forecasts were made and accepted that would not have been accepted during the normal operation of the Website.
9.10. The collusion of Clients, as well as the use of any kind of robots or programmed devices in the game is strictly prohibited. In such circumstances, the Company reserves the right to cancel the results of the Forecasts.
9.11. If the Client becomes aware of a vulnerability or possible software errors, he undertakes to refrain from using this situation to his advantage. In addition, the Client agrees to immediately inform the Company of any such error or vulnerability. If the Client fails to fulfill the obligations provided for in this paragraph, the Company is entitled to full compensation for all costs associated with the error or vulnerability.
9.12. If the Company has become aware that the Client has received a received Gekoins from the Company to the Bonus sub-account knowingly to extract the maximum possible profit and in order to withdraw these funds through fraudulent actions, or in any other attempt to misuse these funds, the Company has the right to immediately confiscate any related profits, close the Client’s account and refuse any payments.
9.13. The Company shall not provide additional guarantees and shall not bear any additional responsibility before the Client, except for established in the Terms and Conditions.
10.1. All persons using the System undertake not to carry out illegal financial transactions, transactions related to the legitimization of funds obtained by criminal means through the use of the System.
10.2. If the Company suspects that the Client is engaged in illegal or fraudulent activities when using the Website or in the breach of these Terms and Conditions, the Company may freeze or terminate the Client’s account or cancel any transactions within the System at its absolute discretion.
10.3. The Client hereby acknowledges that the Company shall be the final decision-maker of whether the Client has violated these Terms and Conditions. This may result in suspension or permanent barring of the Client from participating and using any of the Services offered by the Company.
10.4. The Company also reserves the right, at its sole discretion, to cancel or suspend Client’s account (notwithstanding any other provision contained in the Terms and Conditions) for any of the following events:
10.4.1. If the Client has more than one active Client’s account;
10.4.2. If the Client is not of legal age to use the Services on the Website;
10.4.3. If the Client has allowed or permitted (intentionally or unintentionally) someone else to use his Client’s account;
10.4.4. If the Client has made Forecasts in tandem with other Client(s) as part of a club, group, team etc., or made Forecasts in a coordinated manner with other Client(s) involving the same (or materially the same) selections or tactics;
10.4.5. If the Client is found colluding, cheating, money laundering, terrorist financing or committing any kind of fraudulent activity, and is also on the sanctions list in accordance with the decisions of the authorized bodies of certain states or interstate institutions;
10.4.6. If it is determined by the Company that the Client has developed or used a system (including machines, computers, software or other automated systems such as bots etc) designed specifically to gain an advantage over the System.
10.5. The present Terms and Conditions are governed by ____________ law and must be interpreted in compliance therewith. Except when otherwise agreed on by the Parties, the Client agrees to irrevocably submit to the jurisdiction of the courts of __________.
11.1. The purpose of this notice shall be disclosure of the information on the risks and the warning of the Client of the possible financial losses, connected with these risks. The list of the risks, stipulated in the text of this Notice shall not be exhaustive.
11.2. The Client shall assume the risks of financial losses by reason of:
- malfunctions of information, communication, electronic and other systems;
- failures of hardware, software and bad communication quality on the part of the Client;
- bad operation or incorrect setting of the Client’s equipment;
- out-of-time update of the user software version.
All mentioned failures and malfunctions may refer both to hardware, and to software, and to be connected both with the objective causes and with the Client’s mishandling of the equipment.
11.3. The Client shall admit that the only reliable source of information on the flow of quotations is the Company’s server. Records of quotations kept on a Client’s computer (or other devices) may not be a reliable source of information on the flow of quotations because in the case of unstable connection between the client device and the server a part of quotations of the flow of quotations may not reach the client device.
11.4. The Client shall assume the risk of any financial losses, caused by the fact that he did not receive, or received with a delay, or received, but did not read any message from the Company.
11.5. The Client shall bear full responsibility for the preservation of confidentiality of the information, received by him from the Company and assume the risk of any financial losses caused by the unauthorized access of the third parties to his personal data and (or) the Transaction account.
11.6. The Client shall assume the risks of the financial losses, caused by force major circumstances.
11.7. The Client shall assume the financial and other risks in the case when the performance of transactions (and the actions, related therewith) within the System shall be forbidden or limited by the legislation of the country of permanent residence or citizenship of the Client.
11.8. The Client shall realize that performance of transactions within the System may cause full loss of the original capital.
11.9. The Client’s risks are limited by the sum on his Transaction account.