Article 1 (Purpose of these General Terms and Conditions)
These Terms and Conditions govern the foreign exchange transactions (hereinafter referred to as “Transactions”, which refer to foreign exchange deposit money transactions) and trading accounts that customers conduct with EN GATE LANKA LIMITED (hereinafter referred to as “the Company”) via the Internet. The customer shall agree to all the terms and conditions of the Terms and Conditions when conducting the Transaction.
Article 2 (Principle of Self-Responsibility)
You shall read “Foreign Exchange Transactions” carefully, understand the contents and structure of the Transactions, understand all matters described in the Pre-Contract Document, and agree to conduct the Transactions with the Company at your own discretion and responsibility.
Article 3 (Opening of Trading Account and Transfer)
A customer may open a trading account for the purpose of conducting Trading only when the customer applies for the opening of an account by entering the necessary information on the trading account opening application screen prescribed by the Company, and the Company accepts such application.
2. If we determine that you (including your officers and employees in the case of a corporation) belong to anti-social forces such as organized crime groups, or are involved or may be involved in anti-social forces, we will not be able to open an account for you. 3. We will not accept the application for opening an account if we determine that the customer is a member of an anti-social force such as a crime syndicate, or that the customer is involved or may be involved in such a force.
3. When a customer applies for withdrawal, we will verify the customer’s identity in accordance with the provisions of the “Act on Prevention of Transfer of Criminal Proceeds”, its Enforcement Order and its Enforcement Regulations.
4. If the amount of the deposit balance of the “Account” plus or minus the valuation profit/loss and minus the unpaid commission (hereinafter referred to as “Total Market Value”) becomes negative (hereinafter referred to as “Excess Loss”) due to “Account Transaction,” the customer shall immediately reimburse the Company for such Excess Loss.
Article 4 (Trading Hours and Order Acceptance Time)
Trading hours and order acceptance hours for trading are from the opening time of the Exchange to the closing time.
Article 5 (Trading Volume)
The volume and amount of transactions that a customer may enter into shall be within the limits set by the Company.
Article 6 (Cancellation and Settlement)
In the event that the total market value of the customer’s “Account” is insufficient to cover the amount of the deposit in use, if the customer does not deposit the amount of such shortage by the due date, or if the shortage is not met by the due date, the Company shall cancel the customer’s contract. In the event that the total market value of the customer’s “Account” is insufficient for the deposit in use, if the customer does not deposit such deficient amount by the due date, or if the customer does not satisfy the deficient amount by the due date, the Company may forcibly cancel all or part of the customer’s unexecuted new orders.
2. The compulsory cancellation and compulsory settlement stipulated in the preceding paragraph shall be made at the discretion of the Company, and all losses arising from such compulsory cancellation and compulsory settlement shall belong to the customer.
3. Customers may incur losses in excess of the deposit amount deposited by the customer as a result of forced settlement as provided for in this Article.
Article 7 (Loss of Benefit of Time)
In the event of any of the following events occurring to a customer, the customer shall, without notice or demand from the Company or the customer, forfeit the benefit of time to the Company in relation to the Transaction. (1) You lose the benefit of time with respect to all debts owed to the Company in relation to the Transaction and shall immediately repay such debts.
(1)In the event of suspension of payment, bankruptcy proceedings, or petition for civil rehabilitation proceedings
(2)If the transaction is suspended by a clearing house
(3) If an order or notice of provisional seizure, temporary restraining order, or seizure is issued with respect to any of the Customer’s claims against the Company relating to the Transactions or any other claims
(4)If a foreclosure or auction proceedings are commenced against any collateral subject to be pledged in relation to the customer’s obligations to the Company in relation to the Transactions.
(5)When any of the events equivalent to or similar to any of the preceding items under foreign laws and regulations occurs.
(6)If the customer’s whereabouts are unknown to the Company for reasons attributable to the customer, such as failure to notify the Company of a change of address
(7)When it becomes extremely difficult or impossible to continue the Transaction due to a decline in physical or mental functions, or when the customer dies
(8)When there is a false declaration in the contents of the customer’s application to the Company, such as an application to open a trading account.
(9)We deem that the customer belongs to anti-social forces such as organized crime groups, or is involved in or may be involved in anti-social forces.
(10)The Company determines, based on objective information, that you may be involved in a crime of some kind.
Article 8 (Settlement Methods in the Event of Force Majeure, etc.)
In the event that the Company deems it difficult to continue its business due to force majeure, such as natural disasters, wars, political upheavals, strikes, sudden changes in foreign currency conditions, etc., the Company may, without prior notice to or consent of the customer, suspend or suspend the business of the Company without prior notice to or consent of the customer. (2) In the event that the Company deems it difficult to continue its business, the Company may, at its discretion, cancel unexecuted orders on the client’s account and conduct reverse transactions, etc. necessary for the settlement of unsettled positions, etc., with respect to transactions conducted through the Company, without prior notice to the client or the client’s consent, and without prior notice to the Company. The Company may, at its discretion, cancel any unexecuted orders, and make any reverse trades, etc. necessary to settle any open positions, or make any other actions necessary to settle any open positions.
Article 9 (Payment of Losses Due to Delay)
If a customer fails to perform his/her obligations to the Company in relation to Transactions with the Company, the customer shall, upon the Company’s request, pay the Company late fees at a rate of 14.6% per annum (calculated on the basis of 365 days per year) from the day following the due date (including the said day) to the day when the payment is completed (including the said day). (1) The Company shall pay a late payment charge at the rate of 14.6% per annum (calculated 365 days per year) from the day following the due date (including such day) to the day when the payment is completed (including such day).
Article 10 (Prohibition of Assignment of Claims, etc.)
Any claim you have against us may not be assigned, pledged, or otherwise disposed of by you to a third party.
Article 11.
Clients shall pay fees and other expenses to the Company as determined by the Company.
Article 12 (Change of Notified Matters)
You shall immediately notify us of any change in your name, address, location, e-mail address, or any other information provided by you to us, in a manner prescribed by us.
Article 13 (Effect of Notification)
If any notice regarding the Transaction sent by the Company to the address or location of the office or to your e-mail address that you have notified the Company in advance is delayed due to your change of address, absence or other reasons not attributable to the Company, the notice shall be deemed to have been sent to the address or location of the office or to your e-mail address. In the event that the Company delays or fails to arrive at the address or office or e-mail address of the customer notified in advance by the customer, the Company shall be deemed to have arrived at the address or office when it would normally have arrived.
Article 14.
In no event shall MTI be liable for any loss or damage arising out of or in connection with any of the following events
(1)Any loss or damage arising from the delay or impossibility of the execution of the Transaction or the transfer of money due to force majeure, such as natural disasters, wars, political upheavals, strikes, sudden changes in foreign currency conditions, etc.
(2)Loss or damage arising from the Company’s inability to respond to a customer’s order for the Transaction due to changes in laws and regulations or closure of the foreign exchange market, etc.
(3)Loss or damage caused by reasons beyond our control, such as errors or delays in telegraphic or Internet communications
(4)Loss or damage caused by the failure or malfunction of any computer system, hardware or software related to the Transactions of the customer, the Company or any third party, or any loss or damage caused by the failure or malfunction of any third party’s or the Company’s computer system or hardware or software related to the Transactions. (4)Any loss or damage caused by the failure or malfunction of any computer system, hardware or software of the Company or any third party related to the Transaction, or any communication line provided by any third party or any third party
(5) Loss or damage arising from the failure to place orders for the Transaction due to the customer’s own fault, such as incorrect entry or forgetting of the customer ID and password. (5) Any loss or damage caused by the customer’s failure to submit an order for the Transaction due to the customer’s own fault, such as incorrect entry or forgetting of the customer ID and password
(6)Loss or damage arising from the customer’s customer ID and password being entered or otherwise used by a third party other than the customer due to the customer’s willful misconduct or negligence or for any other reason beyond the Company’s control. (6)Any loss or damage arising from Transactions in which a customer’s customer ID and password are entered or otherwise used by a third party other than the customer due to the customer’s intention or negligence or for any other reason not attributable to the Company
(7)Any loss or damage arising from the non-execution of a customer order, loss-cut or forced settlement due to any of the above-mentioned reasons.
(8)Loss or damage caused by any other reasons not attributable to the Company.
Article 15 (Termination)
If we determine that a customer falls into any of the following categories, we will freeze the relevant account without prior notice. The handling of the balance in the account will be determined by the Company in accordance with laws and regulations. In addition, if the Company determines that the account is applicable to past transactions, the Company may invalidate the contract retroactively up to the past transactions. If a shortfall arises in the customer’s account as a result, the Company may claim such shortfall from the customer. In addition, if the Company suffers any damage, the customer shall be liable for compensation for the amount of such damage. The Company shall not be liable to the customer for any and all damages incurred by the customer as a result of the invalidity of a contract, except in cases where the damage was caused by the Company’s willful misconduct or gross negligence.
(1)When the customer does not respond to our request to confirm the identity of the account holder within a specified period of time.
(2)When a corporate customer fails to respond to a request by the Company to confirm the identity of the beneficial owner of the account for a specified period of time
(3)When a corporate customer is found to have made a false declaration with respect to its beneficial owner
(4)It is found or suspected that the Account has been opened in the name of another person or in a fictitious name, or that the Account has been opened without the intention of the nominee.
(5)It is found or suspected that the Customer is conducting the Transaction for the purpose of using the Account for money laundering or other transactions against public order or suspected of being illegal or fraudulent.
(6)It is found or suspected that the Account is being used for illegal activities such as fraud, extortion, violation of capital subscription laws, etc.
(7)You use threatening language or violence in connection with the Transaction, or spread false rumors, or use deception or force to undermine our credibility or obstruct our business, or commit any other illegal act.
(8)When the Company deems that the customer has, in conducting the Transaction, conducted the Transaction in a manner other than the appropriate and proper manner contemplated by the System and the General Terms and Conditions, or in a manner that is not normally possible with the System, due to improper operation or modification of the System, communications equipment, terminal equipment, connection lines or programs, or due to tools other than the System. (8)We deem that you have conducted a transaction in a manner other than the appropriate and proper method assumed by the System and the Terms and Conditions.
(9)The Company deems that the customer has repeatedly made deposits and withdrawals that are unrelated to the transaction.
(10)When a customer fails to comply with the Company’s request for payment of any shortfall arising from the Transaction within a specified period of time
(11)When we deem that the customer’s use of the Account is offensive to the law or public order and morals
(12)When a customer, or a close relative, officer, employee or agent of a customer is found to be, or is suspected of being, an anti-social force such as a crime syndicate member or a person related to a crime syndicate
(13)When it is found that the customer has made a false declaration with respect to the customer’s assurance that he/she is not an anti-social force.
(14)When we determine that the customer’s transaction is excessively speculative in light of the principles of suitability and other laws and regulations
(15)When we determine that you have conducted a transaction through an unfair act, such as unauthorized acquisition or use of rates, etc. provided by us, or use of vulnerabilities in this system or the Internet, or disruption of the interbank market, etc.
(16)The Company deems that you have performed any reverse engineering to analyze the System, such as decompiling or disassembling the System.
(17)The Company deems that an unavoidable event has occurred that causes a loss of trust between the customer and the Company.
(18)When we deem it inappropriate for you to use the Transaction
(19)When we reasonably determine that the customer (or the person with effective control in the case of a corporation) falls under the category of foreign PEPs (Persons Holding Important Public Positions) or has fallen under such category.
(20)When the Company offers to terminate the Account to the customer due to unavoidable reasons in addition to the preceding items.
Article 16 (Change of Service Contents)
The Company may change the service contents of the Transaction without prior notice to the customer.
Article 17 (Handling of Personal Information)
Please refer to the separate section on the handling of personal information.
Article 18 (Changes to these General Terms and Conditions)
The contents of the Terms and Conditions are subject to change in the event of changes in laws and regulations, instructions from regulatory authorities, or other business needs of the Company.
2. If the contents of the changes described in the preceding paragraph restrict the existing rights of the customer or impose new obligations on the customer, the Company shall notify the customer of the contents of such changes in a manner determined by the Company. In this case, if you do not raise any objection by the time limit specified by us, you shall be deemed to have consented to the change.
Article 19 (Applicable Laws and Agreed Jurisdiction)
These Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Company operates. You also agree that any and all lawsuits between you and the Company arising out of or relating to the Transaction and these Terms and Conditions shall be brought before the competent court of the country in which the Company operates.
Translated with DeepL