Terms and conditions
Version 49. Last modified 23-11-2020.
is the responsibility of each client to read and understand this legal
notice and the terms and conditions ("Terms") pursuant to which an
acquisition of financial contracts via this site is governed.
on the jurisdiction to which a client's account has been attached in
accordance with the account opening procedures of the website and as
detailed in the About us section of the website and the type of products
offered, the term "the Company" shall denote, Deriv (SVG) LLC, Platinum Investments (Europe) Limited, Platinum Investments (USA) Limited, or Deriv (MX) Ltd.
terms and conditions may be supplemented from time to time by
supplementary terms and conditions applicable to a particular Company or
financial trading services contained within this site are only suitable
for clients who are able to bear the loss of all the money they invest
and who understand and have experience of the risks involved in the
acquisition of financial contracts.
International currency or
commodity prices are highly volatile and very difficult to predict. Due
to such volatility, plus the bias in the pricing system favouring the
website (as described in more detail below), no financial contract
purchased in our system (whether or not the payout exceeds the premium
amount) can be considered a safe contract.
The maximum loss that may be incurred by any client is the amount of money paid by the client to the Company.
Company reserves the right in its sole discretion to refuse and/or
cancel services and charge deposit and/or withdrawal fees to anyone for
any reasons including, but not limited to the following:
instance where the Company believes that that person's activities at
this site may be illegal in that person's country or state
instance where the Company may be approached or contacted by legal
authorities or regulators from that person's country or state
instance where the Company may suffer any pecuniary, fiscal, or
regulatory disadvantage by virtue of that person's activities at this
- Any restriction to its clients from purchasing any contracts during certain hours
terms and conditions are provided in several different languages for
clients' convenience; however, these translations do reflect the same
principles. The Company attempts, as much as possible, to provide a
faithful translation in English of the official language of several
countries. In the event of any differences between the English version
of the website and any other language, the English version shall
The client may communicate with the Company through
this website or by means of e-mail, phone or, exceptionally, by post.
Details can be found in the Contact us page. All calls are recorded for training and monitoring purposes.
the Company will communicate with the client through this website or by
email to the email address given by the client upon account opening.
The Company will communicate with the client in English or, if another
preferred language is selected at account opening, in that language.
cases where the client uses excessive anti-spam filtering which
requires the Company to pay a fee in order to send a reply or a
notification to the client, the Company will try to find an alternative
way to communicate with the client but will not pay the requested fees
to do so.
D. Governing laws and jurisdiction
is the responsibility of clients accessing this site to make sure that
they understand and fully follow the relevant laws and regulations of
their own country. The Company does not support any offerings or make
any solicitations that are illegal in a client's country, and clients
cannot use their account for such prohibited offerings. In some
countries, the Company may not be permitted to offer products and
services to clients unless they have taken proactive steps to solicit
information about the Company's products and services and requested to
be provided with them. Access to this site and the offering of certain
trades via this site may be also restricted in some jurisdictions. It is
the client's responsibility to know about the restrictions that apply
in the client's country of residence and to observe them, as in
continuing to access the Company's products and services, the client
represents to the Company that the client is doing so legally and that,
where relevant, the client has solicited information about the Company's
products and services and requested to be provided with them.
on where the client lives, the client's account will be governed by the
laws of the country of incorporation of the company that the client's
account is registered with as set out below. If the client has
registered more than one account with more than one company, each
account will be governed by the law of the country of incorporation of
the company that each individual account has been registered with. The
client agrees to submit to the applicable jurisdiction's courts and
bring any claim the client may have before them. These courts will have
sole authority to settle any disputes that may arise between the client
and the Company.
If a court or regulatory body of competent
jurisdiction declares any provision of the Terms to be invalid or
unenforceable, the rest of the Terms shall remain in full force and
The applicable jurisdiction shall be one of the following:
- Deriv Investments (Europe) Limited and Deriv (Europe) Limited: Malta
- Deriv (MX) Ltd: the Isle of Man
- Deriv (FX) Ltd: Labuan, Territory of Malaysia
- Deriv (BVI) Ltd: British Virgin Islands
- Deriv (V) Ltd: Vanuatu
- Deriv (SVG) LLC: St. Vincent and the Grenadines
- Champion Group Ltd: Vanuatu
Company does not provide a market amongst or between clients for
investments, securities, derivatives, or speculations. Each financial
contract purchased by a client via this site is an individual agreement
between that client and the Company and is not a security, nor is it
transferable, negotiable, or assignable to, or with, any third party.
of financial contracts through this site must be effected in accordance
with the terms and conditions presented on the pages of this site.
Acquisition of a financial contract is completed when the financial
contract has been customised, the premium (or the payout, as the case
may be) has been calculated, and payment has been verified.
F. Client's liability
agree to be fully and personally liable for the due settlement of every
transaction entered into under their account with the Company. This
includes any transactions entered into by members of the client's family
or entourage who have gained access to the account. Clients are
responsible for ensuring that they alone control access to the account,
and that no minors are granted access to trading on the website. In any
case, clients remain fully liable for any and all positions traded on
their account and for any credit card transactions entered into the site
for their account. Each client also indemnifies the Company against all
costs and losses of any kind whatsoever, as may be incurred by the
Company as a result, direct or indirect, of the client's failure to
perform or settle such a transaction.
In regard to customers of Deriv (MX) Ltd, online gambling debts are enforceable by law in the Isle of Man.
the client deposits funds via credit or debit card, the client agrees
to email or call the Company before placing a chargeback or a retrieval
request so the Company can try to retrieve the funds for the client.
the payment processor sends the Company a chargeback or retrieval
notification, the Company reserves the right to suspend any or all of
the client’s accounts and place a temporary hold on the funds available
in it. In that case, any or all of the client’s accounts may remain
suspended until the completion of the entire chargeback investigation.
The same might apply if the client’s transacting bank initiates the
chargeback or retrieval request without the client’s knowledge.
the Company suffers a loss as a result of a chargeback or retrieval
request, the client agrees to reimburse the Company the amount before
the Company lifts off any limits imposed on any or all of the client’s
G. Customer funds
collected from clients is not invested in any securities, futures,
currencies, derivatives or other investments, on behalf of clients.
Company is required by its licence to inform clients about what happens
to the funds that the Company holds on account for clients, and the
extent to which funds are protected in the event of insolvency. To learn
more, please refer here.
Company holds customer funds in bank accounts separate from the
operational accounts. Deriv (MX) Ltd & Deriv (Europe) Limited have
arrangements in place so that in the event of insolvency they are able
to meet their obligations to clients. These arrangements are in the form
of a loan agreement between each respective company and the parent
company, Deriv Limited, this loan will always at minimum cover the
client liabilities. This meets the Gambling Commission's requirements
for the segregation of customer funds at the level of medium protection.
Company has various deposit methods available, each with its own timing
for deposits, some of which might not be available for withdrawals.
Full details of available methods for deposits and withdrawals,
including settlement times, can be seen in member area.
should not use the client's account as a banking facility, and deposits
should only be made with a view to using funds to place contracts. The
Company is not a financial institution, and the client will not receive
interest on deposits. Should a client make repeated deposits and
withdrawals without placing commensurate contracts, the Company reserves
the right to pass on to the client's account, without prior notice, any
bank charges the Company has incurred before closing the account. The
Company also reserves the right to reject the client's payouts without
Transfers between Binary fiat and cryptocurrency
accounts are allowed up to a maximum of 2,500.00 USD or equivalent. Fiat
and cryptocurrency transfers are also allowed between Binary and MT5
accounts. Charges may apply for every successful transaction.
H. Refund policy
Company offers a number of merchant solutions and payment service
providers for making online payments. The client will be billed at the
time of, or shortly after, making a transaction. The client agrees to
pay for all trades that the client purchases via any of the available
merchant solutions or payment service providers.
All sales of trades are final. The Company does not refund the price charged for entering a trade if the trade is executed.
a trade becomes unavailable after the transaction is made but before
the trade is executed, the client may request a refund of the charged
price. The Company reserves the right to accept or reject the client’s
request after investigating the client’s claim. If technical problems
prevent the execution of a trade, for example, if a disruption occurs in
the data feeds that the Company cannot readily fix, the Company
reserves the right to refund or reverse the trade.
Any request for
a deposit refund for active accounts will be automatically rejected. If
the Company has closed, blocked, or suspended the client’s account (see
Section J. Fraud and money laundering), the client may request a refund
of the client’s deposit. The Company reserves the right to accept or
reject the client’s request after investigating the client’s claim.
I. Prohibited trades
Company reserves the right to refuse to do business with, to
discontinue to do business with, and to reverse the transactions of
clients who engage in any trading activity
contravenes any laws, regulations, instruments, ordinances, or rules
that govern the operation of any exchange, financial market, or
financial regulatory environment
- Where the client makes any
false or misleading representation to the Company breaching the clauses
under Governing laws and jurisdiction
- With insider knowledge of any financial market or instrument
The Company has the discretion to seek information from clients to verify compliance with these terms.
The following are conditions of using the website:
client that is employed in the banking and/or finance sector must only
conduct trades through the website with the knowledge of his/her
employer and in accordance with the employer's policies.
- Clients agree to comply with the reasonable requests made by the Company for the purpose of verifying compliance with this term.
Company may withhold payment of funds accumulated in a client's account
while it takes steps to verify compliance with these terms.
the Company (in its sole discretion) is not satisfied that a client is
complying with these terms, or if a client does not comply with a
reasonable request for information made by the Company, the Company may
cancel the client's account and withhold any funds accumulated therein.
J. Fraud and money laundering
person shall abuse this site for the purpose of money laundering. The
Company employs best-practice anti-money laundering procedures. All
transactions are checked to prevent money laundering, which may have
several effects on clients. The Company reserves the right to refuse to
do business with, to discontinue to do business with, and to reverse the
transactions of clients who do not accept or adhere to these anti-money
laundering processes. Acceptable funds should not originate from
criminal activity. The Company is bound to report suspicious
transactions to relevant authorities.
The anti-money laundering processes have the following effects on clients:
- Clients must register personally.
must fill into the account opening form all requested details that
establish their identity. Clients must give a valid identification,
address, contact email address, and personal telephone number.
Company may, at its sole discretion or as required by regulations in
place conduct appropriate "Know Your Customer" (KYC) procedures and
require a client to provide proof of identity and suspend an account
until satisfactory evidence of identity and address, source of funds,
and/or source of wealth have been provided.
- In order for a UK
resident to make use of the virtual account, the client will first have
to be age-verified. The client will also need to be fully verified
before making use of the real money account. Verification can be done
electronically or through submission of KYC documents.
- Requested KYC documentation could include
- Proof of identity – such as ID card, passport or driving licence
- Proof of address – such as bank statements/ building society statement or utility bills (mobile phone bills are unacceptable)
- Proof of wealth / Source of funds – such as payslips or bank statements
- If such documents expire, the Company reserves the right to request updated documentation.
- The Company also reserves the right to request documentation pertaining to any other legal obligation.
agree that the Company may use personal information provided by them in
order to conduct appropriate anti-fraud checks. The personal
information that clients provide may be disclosed to a credit reference
or fraud prevention agency, which may keep a record of that information.
may only be paid to the initiator of an account. When a client
maintains an account by means of telegraphic deposits, withdrawals are
only paid to the holder of the originating bank account, and it is the
onus of the client to ensure that account number and name accompany all
transfers to the Company. When a client maintains an account by means of
credit/debit card deposits, withdrawals are only paid back to the same
- Clients shall not hold or pool third-party funds into their own account held with the Company.
is prohibited to sell, transfer, and/or acquire accounts to/from other
clients. Transfer of funds among other clients is also prohibited.
one account is allowed per person. No withdrawals and/or refunds may be
collected on accounts opened in false names or on multiple accounts
opened by the same person.
- The Company has the right and
obligation not to accept the information provided by clients if the
Company knows or has a reason to believe that it is incorrect,
inaccurate, or incomplete. In such cases, the Company may ask clients to
clarify or correct the details provided.
K. Company's rights
Company does not tolerate any form of inappropriate behaviour. This
includes the usage of offensive language. The Company reserves the right
to restrict or terminate the client's account if there is any form of
inappropriate behaviour on the client's part.
The Company reserves the right to suspend the operation of this site or sections thereof in the following cases:
as a result of political, economic, military, or monetary events
(including unusual market volatility or illiquidity) or any
circumstances outside the control, responsibility, and power of the
Company, the continued operation of this site is not reasonably
practicable without materially and adversely affecting and prejudicing
the interests of clients or the Company, or if, in the opinion of the
Company, a price cannot be calculated for financial contracts
there is a breakdown in the means of communication normally employed in
determining the price or value of any of the financial contracts or
where the price or value of any of the financial contracts cannot be
promptly or accurately ascertained
- In any event of an error in current prices, published odds, or trading software
Company has and retains the right to terminate any event or trade
including, but not limited to, the occurrence of any of the above
In all circumstances, the Company reserves the right to
make changes to these terms and conditions. If the Company elects to
make any material changes to these terms and conditions, clients will be
notified in advance and shall either accept or decline to agree.
Declining to agree shall result in a material breach of this agreement
and the client's account may be frozen, suspended, or cancelled.
However, the client shall be allowed to withdraw any pending balance on
account subject to KYC verification.
In such an event, the Company
may at its sole discretion (with or without notice) close out the
client's open financial contracts at prices it considers fair and
Further, the Company, under the above circumstances,
or any other, reserves the right to adjust a client's account should any
trade result in disruption or in a miscarried or aborted trade.
the Company has and retains all rights to refuse or to close a client's
account, the Company does warrant that all contractual obligations
already made, shall be honoured.
The Company reserves the right to
cancel/reverse transactions or amend the contractual terms (including,
but not limited to, entry and exit spot) in the case that any contracts
are acquired or sold at prices that do not reflect fair market prices or
that are acquired or sold at an abnormally low level of risk due to an
undetected programming error, bug, or glitch in the Company website
software, market data feed or contract pricing latency, data feed error,
stray quotes, incorrect pricing parameters, manifest mis-calculation of
prices, or other obvious errors ("Manifest Errors"). Clients have a
duty to report to the Company any such problems, errors, or suspected
system inadequacies that they may experience and may not abuse, or
arbitrage based on, such system problems or errors for profit. The
Company will endeavour to resolve any such difficulties in the shortest
time possible. Any amendments to the contractual terms (including, but
not limited to, entry and exit spot) of Manifestly Erroneous contracts
shall be reasonable and fair. Monies exchanged between the client and
the Company in connection with Manifestly Erroneous contracts shall be
returned to the recipient according to the amendments made to the
contractual terms (including, but not limited to, entry and exit spot).
Clients with insider knowledge of any financial market or instrument are prohibited from trading at this website.
information given on these pages, and/or emails or newsletters sent by
the Company related thereto, is not intended as financial or investment
advice and the Company will not accept any liability in this respect.
right is also reserved to amend or change the rules and scope of this
service from time to time. Any change to the rules made whilst the site
is in operation will not apply retrospectively and will only apply to
acquisitions of financial contracts made after such a change. It is the
Company's responsibility to notify clients before any changes to its
terms come into effect.
L. Dormant and inactive accounts
company reserves the right to charge a dormant fee of up to 25
USD/EUR/AUD/GBP or equivalent of USD25 in any other currency as
calculated in accordance with the current exchange rate published by
www.xe.com, or any other recognised data provider, as on the date of
charging of the fee, every 6 months for every client account that has
had no transaction recorded for over 12 months.
reserves the right to charge a dormant fee of up to 25 USD/EUR/GBP every
six months for every client's account that has had no transaction
recorded for over 12 months. Clients will be notified before the fee is
deducted from the account. Clients need to contact our helpdesk to
recover funds from inactive, closed, blocked, or excluded accounts.
in case of negligence, fraud, or default by the Company, the Company
will not be liable in any way to any clients in the event of force
majeure, or for the act of any government or legal authority, or for the
failure of or damage or destruction to its computer systems, data, or
records, or any part thereof, or for delays, losses, errors, or
omissions resulting from the failure or mismanagement of any
telecommunications, computer equipment, or software by the client or any
damages or losses deemed or alleged to have resulted from, or been
caused by, this site or its content.
N. Marketing and promotion
Company may from time to time inform clients about changes on the
website, new services, and promotions. If, however, the client wishes to
opt out of such a service and does not wish to receive any direct
marketing data, the client can either unsubscribe from the service
directly or email the Company's customer support team. If the client
decides to opt in again into receiving promotional material, the client
can also do so by contacting the customer support team.
O. Account opening
A client may only open an account on this site on the following conditions:
client has read this legal Terms and conditions page in full and
understood that the client will be buying and selling contracts subject
to these terms and conditions.
- The client has read the Company's privacy statement and is aware of how the Company processes information.
- The client is over 18 years of age, unless the client is an Estonian resident whereby the client would have to be over 21.
client is not resident in a restricted country such as Canada, Hong
Kong, Israel, Jersey, Malaysia, Malta, Paraguay, Rwanda, the United Arab
Emirates, the USA, or any other restricted country that has been
identified by the FATF as having strategic deficiencies.
client has sufficient experience and knowledge in matters of financial
trading to be capable of evaluating the merits and risks of acquiring
financial contracts via this site and has done so without relying on any
information contained on this site.
P. Account closure
client may choose to contact the Company to close the client's account
held with the Company. The client's account may be closed if the client
does not have any open trade positions and if the client has complied
with the requested "Know Your Client" procedures to enable the client to
withdraw any pending funds in the client's account.
Due to the
responsibilities under responsible gaming, Binaryinv.com reserves the
right to assess and safeguard the client's account by excluding the
client definitely or indefinitely, based on the company's client
Company may impose certain rules and restrictions on the placing of
market orders on this website. Such rules may change from time to time,
according to market conditions and other factors. The following
indicative rules are currently in place:
will not usually be offered at odds under 0.05 to 1 (i.e. payouts of
under 1.05 USD/GBP/EUR/AUD for each 1 USD/GBP/EUR/AUD staked).
- Contracts offered by Deriv Investments (Europe) Limited have a minimum purchase price of 5 USD/GBP/EUR.
are not usually offered in the last hour of trade of any given market
(for foreign exchange markets, the restriction may be extended up to 3
- Contracts will not usually be offered when the underlying market is at its intraday high or intraday low.
- Contracts will not usually be offered during the first 10 minutes of market trade.
fast markets (i.e. periods of very fast market movements), contracts
may be offered at prices more unfavourable than those offered in usual
- Certain limits are imposed as to the
acceptable levels for barrier/strike prices of contracts. Typically, the
barrier/strike may not be too close nor too far from the current
underlying market level.
- Contracts may not expire on a weekend;
therefore, the expiry date of a contract may be pushed back to the
following Monday in the event of a contract expiry date falling on a
Saturday or a Sunday.
- Market prices are updated at most once per
second. For any given second, the market price will be updated to the
first tick, if any, received in that particular second on the Company
- The Company does not guarantee and bears no liability
for the simultaneous selling of the original and copy trades when the
client engages in copy trading on WebTrader.
- Corporate actions
corporate action can include but is not limited to assimilation,
acquisition, bankruptcy, bonus issue, bonus rights, cash dividend, class
action, delisting, de-merger, general announcement, initial public
offering (IPO), liquidation, merger, change in par value, scheme of
arrangement, stock dividend, stock split, return of capital, and reverse
- One or more of the client’s trades may be affected
by a corporate action. In that case, the company may take one or more
of the following measures:
- Credit an amount to or debit an amount from the client’s account
- Restrict the client’s account to prevent the client from closing any affected trades until the corporate action is passed
payouts shall be determined by the Company by reference to the market
quotes as displayed on the website relevant to the underlying
index(ices) of the contract(s) or from the interbank trading data
received by the Company for forex quotes or commodity prices as
displayed on the website, provided that the Company has the right to
make corrections to such data in the event of mispriced or
typographically incorrect data. Clients should note that different
markets may close at different times during the day due to local trading
hours and time zones.
For forex quotes, the closing times are
defined by the Company as shown in the market opening times section of
the website. In the event of any dispute regarding market or settlement
values, the decision of the Company shall be final and binding. Clients
should note that certain markets (such as stock indices) are not open
throughout the day and that trading may not be available when the
markets are closed.
The calculation of the price to be paid (or
the payout to be received) for financial contracts on this site at the
time the financial contract is purchased or sold will be based on the
Company's best estimate of market price movements and the expected level
of interest rates, implied volatilities and other market conditions
during the life of the financial contract, and is based on complex
mathematics. The calculation will include a bias in favour of the
Company. The financial contract prices (or the payout amounts) offered
to clients speculating on market or index prices may substantially
differ from prices available in the primary markets where commodities or
contracts thereupon are traded, due to the bias favouring the Company
in the price calculation system referred to above.
data made available to clients by the Company is indicative only and may
at times differ from the real market values. The Company's decision as
to the calculation of a financial contract price will be final and
binding. The Company allows the option to sell contracts before the
expiry time of some contracts but will not be obliged to do so and can
suspend this option depending on the current market conditions.
Contracts may be amended when the underlying asset value is adjusted by
corporate actions during the contract period.
Should a disruption
that cannot be readily rectified by the Company occur in the data feeds,
the Company reserves the right to refund the contract purchase.
Company reserves the right to have risk limits in place, which affect
the trading limits of all clients trading, and may not be limited solely
to instruments and contract types.
The Company may also impose
volume trading limits on clients' accounts at its sole discretion.
Trading volume limits can be viewed in the Security & limits section
of the client's account. If the account balance exceeds the maximum
account size, then withdrawals must be made to bring the balance down to
under this limit.