Terms & Conditions
These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relations between Swanntech, hereinafter referred to as the “Company”, and the User (a physical or legal entity) (hereinafter referred to as the “Client”) of www.swanntech.co.uk (hereinafter referred as the “Website”).
Service – services described in section 3 of this Agreement.
Operation – an action performed at the client’s account, connected with but not limited to crediting of funds, a return of funds, opening, and closing of a trade transaction.
Account – unique personified register of accounting of transactions/operations on the trading platform of the company.
Subject of the Agreement
The subject of the agreement herein shall be the provision of services to the client by the company based on the agreement herein. For the avoidance of any doubt, the agreement herein is not concluded in any country other than the Republic of Seychelles. The present agreement is concluded in the Republic of Seychelles.
The client shall unambiguously admit terms and conditions of the agreement herein by making an advance payment to the account. Each operation performed by the client on the trading platform shall become the subject of the agreement herein and other documentation/information on the Website since the client’s acceptance of conditions of the agreement.
Notwithstanding that provisions of the agreement herein shall be subject to laws of the Republic of Seychelles regulation and for the avoidance of any doubt, the service provided to the client by the company shall not be considered as gambling and not be considered as wagering according to the definitions given by law.
Services of the Company
Services of the company – services provided by means of trade platform of the company.
Services of the company comprise use of the trading platform of the company, customer support, analytics, news, and marketing information.
The company shall fulfil trade operations of the client and the company does not provide trust services and consultations on trading. The company can conduct trading operations of the client even in a case such trading operation may be unprofitable for the client.
The company shall not be financially liable for the results of the operations conducted by the client.
The client is the only authorized user of the company’s services. The client is an irreplaceable subject of legal relations emerging from the provisions of the agreement herein. Client’s rights cannot be delegated, and obligations cannot be imposed on another person.
In case the client is a private person, the client personally fulfilled the registration form and is an adult, legally capable citizen, not resident or citizen of the following countries: USA, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea or countries of the European Union. No person but the client has rights of claim or obligations regarding operations conducted by the client on the website. If the client acts on behalf of somebody’s name, the company shall not accept this person as a client and shall not be liable before this person regardless if such person was identified or not.
The client has the right to cancel his order given to the company within 3 seconds after the moment of giving such order to the company (hereinafter referred to as the “cancellation”). Three seconds from the moment of giving the order to the company by the client via the platform, the company may (but is not obliged to) offer to buy out the option from the client and the client have the right to agree to such offer.
The client is entitled to use such cancellation or buyout option subject to the conditions specified on the platform. Such conditions can also include the fee charged by the company. Such fee is specified on the platform. The company is obliged to provide all necessary information as to the conditions of cancellation and buyout, their cost, etc. The client acknowledges and agrees that provision of such information on the platform is sufficient. The client acknowledges and agrees that the use of cancellation or buyout is very risky to the client as long as the cost of cancellation and/or buyout depends on the market situation. The client acknowledges and agrees that he bears all the risks associated with the use of cancellation and/or buyout.
It is understood and agreed by the client that the company may from time to time and at its discretion, utilize a third party to hold its client funds, for the purpose of offering additional PSPs. These funds will be held in segregated accounts from the third party’s own funds and will not affect the rights of the client to their funds.
Rights, Obligations and Guarantees of the Parties
The Client shall be entitled to:
Give the company an order to conduct trading operations on the website, provided by the Agreement herein;
In case of absence of debt to the company, to demand the company to fulfil its financial obligations to the extent of free amount of funds at the company’s account;
In case a disputable situation occurs, to make a claim properly in an official letter or via email to account specified by the company;
Unilaterally terminate the agreement herein in case no debt to the company exists.
The Client shall be obliged to:
Fulfil provisions of the agreement herein conducting operations on the website;
To be exclusively responsible for all actions resulting from usage of usernames and/or passwords;
To be exclusively responsible for all his/her actions, including giving orders to conduct operations on the website;
To be exclusively responsible for correct trading strategy choice and consideration of all possible risks;
Be completely responsible for preserving the confidentiality of information received from the company and to accept the risk of financial loss that may result from unauthorized access to his/her own account by the third parties.
Notify the company of any changes of contact details and any other changes of the provided personal data within 7 (seven) calendar days since such changes come into effect.
Register only 1 (one) account in the company. In case that the client owns multiple accounts, the transaction and the financial results of such transactions in these accounts can be cancelled. All such accounts can be blocked, and funds contained therein will not be considered as the financial obligation of the company before the client.
Indemnify and hold harmless of the company due to any claims and legal actions regarding the company as a result of disclosure of personal data of the client.
The client shall be agree to accept the complete responsibility for his actions according to current tax legislation valid at the place of residence/living of the client regarding any performed operations, including but not limited to revenue tax.
The Client shall guarantee to:
Comply with legal rules of the jurisdiction where the Client lives;
Be legally capable and a person of majority age;
that the Client is not a citizen of the US, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea that the Client is solely responsible for the technical deficiencies in Client’s connection to the trading platform, deficiencies in Client’s equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.) and hold harmless and indemnifies the Company against any Client’s loss and damages derived from such deficiencies.
The Company shall be entitled to:
Modify the size of the value of the company’s financial obligations to the client with changes of the appropriate entry of the trade operations register in case of violation of one or several provisions of the agreement herein by the client;
Unilaterally in the extrajudicial procedure terminate the Agreement herein without reimbursement of any loss suffered by the Client. In such case the Company shall notify the Client within 3 (three) working days after such termination in any possible way;
The Company saves the right to change, add or set as default the option payments rate, return rate, the possibility of adjustment the return rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the of the assets. The company shall be entitled to limit the maximum amount of purchased options for 1 (one) minute, 1 (one) hour, 1 (one) calendar day;
Contact the Client with any question concerning the Agreement herein, including, in order to make certain in the Client’s intentions regarding his/her actions on the Account;
Modify, to add, to rename or to leave unchanged any sections, paragraphs and sub-paragraphs of the Agreement herein without preliminary notification of the Client regarding such changes;
Modify the size of the value of the Company’s financial obligations to the Client, if fulfilment of Operations on the trading platform does not comply with conditions of the Agreement herein;
Engage the third parties with contractual relations for Service provision in accordance with the Agreement herein;
Unilaterally terminate the Agreement herein with preliminary notification of the Client regarding such termination and fulfilment of financial obligations before the Client to the extent of the amount of free funds available at the Account;
In regards to any obligations and situations not covered by the Agreement provisions herein the Company has a right to act at its own discretion in accordance to business customs and existing practice.
Obligations of the Company:
In accordance to the Agreement provisions herein to provide Services on the Company’s Website;
In accordance to the Agreement provisions herein, in case no debt on the part of the Client exist, on the Client’s request to fulfil the Company’s financial obligations before the Client to the extent of the amount of free funds on the Account;
To fulfil provisions of the Agreement herein.
Accepting provisions of the Agreement herein, the Client grants his/her consent to process the personal data provided by the Client, both without use of automatic controls, and with its use. Under the personal data for the purposes of this Agreement the parties mean: Name, Surname and Patronymic, gender, address, phone number, e-mail, IP address of the Client and the information which concern the provision of services to the client (the trade story).
The Client shall be obliged to provide truthful, exact and complete information according to the personal data about the Client requested by the Company.
The purpose of processing the personal data shall be fulfilment of the regulating legislation requirements as well as obligations before the Client and other subjects of the personal data within the fulfilment of the Agreement herein.
During processing of the personal data the Company shall be entitled to collect, record, systematise, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymity, block, delete, destroy and perform any other actions according to the current regulating legislation.
Storage and processing of the personal data of the Client can be fulfilled by the Company during the term of the Agreement, as well as within 5 years after termination of the Agreement herein.
The Client shall admit and confirm that in case the need to provide the Personal data to fulfil the purposes of the Agreement to the third party as well as in case of engaging of the third parties to render services for the specified purposes, the Company shall be entitled to disclose the information about the Client in the necessary amount to fulfil the actions mentioned above, including the Personal data to such third parties, their authorized representatives as well as to provide documents for such persons which contain such information.
The Company shall not be entitled to include the Personal data of the Client in the public information sources with the exception of cases provided by the regulating legislation.
During processing of the Personal data of the Client the Company shall take necessary legal, organisational and technical measures to protect the Personal data from unauthorised or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from other illegal actions regarding the Personal data of the Client.
The Client has read, understood and accepted the risk statement due to use of Service on the Website, which is published on the Website of the Company.
Charges and Fees
The Company shall be entitled to receive the fee from the Client regarding the Service(s), provided by the Company. Accepting the Agreement herein, the Client shall agree that he or she shall be obliged to compensate the fee to the Company for bank transfer in the amount not more than 50 GBP in case of bank transfer by the Company in favour of the Client (hereinafter referred to as the “Transfer fee”).
The Client shall authorise the Company to withdraw the fee for transfer from the Client’s Account.
In case if none of the Operations (hereinafter referred to as “Inactive Account”) are fulfilled on the trade platform of the Company by the Client for 90 (ninety) calendar days in a row, the Company shall be entitled to apply the service fee for Inactive Account in the amount of 50 GBP to unused balance of the Client’s account. Such annual fee shall be not more than the total balance of the Client’s Account.
The provisions of the Agreement herein shall be regulated by the legislation of the Republic of Seychelles.
Regarding the provisions of the Agreement herein the Client shall agree with the jurisdiction of courts of the Republic of Seychelles.
All disputable situations shall be resolved according to the laws of the Republic of Seychelles.
The Company shall be entitled to use the interpreters’ services during the court trial in case of dealing with disputable situation according to the legislation of the Republic of Seychelles.
Duration and Termination of the Agreement
The Agreement herein shall be concluded for the uncertain term.
The Agreement herein shall come into force when the Client makes an advanced payment to the Company. In case of any discrepancies between the text of the Agreement herein in Russian and in English, the text of Agreement in Russian shall prevail in comparison with version of the Agreement herein and appropriate documents in other languages.
The Agreement herein shall be terminated when the Client’s Account is blocked.
The Company has a right to terminate the Agreement immediately without prior notice if it becomes known that the Client: а) is not of legal age according to the legislation of the country where the Client is the citizen b) or the resident or the Client is the citizen or the resident of the following countries: USA, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, countries of the European Union, c) the Client who is Russian citizen or resident and has registered an account on the Website of the Company later than the 1st of July 2016.
In case of termination of the Agreement herein due to reasons specified in section 9.4, the Company shall not be financially obliged to the Client.
Terms and Conditions for 1-Click Service
The Client shall agree to make a deposit to his/her Account to use the Company Services or any other additional services ordered by the Client on the Website as well as all additional expenses (if necessary), including but not limited to any taxes, duties, etc. The Client shall be completely responsible for timely depositing of his/her Account. Provider of payment services shall ensure only fulfilment of payment in the amount defined by the Site and shall not be liable for payment of the above-mentioned additional amounts by the Website’s Client.
The payment is considered to be processed and cannot be returned after clicking the “Payment” button. By clicking the “Payment” button, the Client shall agree that he/she cannot return the payment or require its recall. Additionally, by accepting the terms of the rules herein (and/or Rules and Conditions), the Client as the owner of the payment card confirms that he/she shall be entitled to use the Services offered on the Website.
In case if the Client uses the Services of the Website, the Client shall confirm that he/she became of legal age or beyond, that is legally allowed in the residence/jurisdiction of the Client in order to use the Services provided by the Website. When starting to use the Services, the Client shall be legally liable for fulfilment of the legislation of any country where this Service is used and shall confirm that provider of payment services shall not be in any case liable for any such illegal or unauthorised violation. Agreeing to use the Website’s Services, the Client shall understand and accept that processing of any of the Client’s payment shall be fulfilled by the provider of payment services and no legal right exists for return of already purchased Services or other options of payment cancellation. In case if the Client is willing to refuse from using of the 1-Click service for the next purchase of the Service, the Client can refuse from 1-Click service using the Account on the Website.
The Provider of the payment services shall not be in any case liable for refuse/impossibility to process the data connected with payment card of the Client, or for refuse connected with failure to obtain permission from the issue bank to process payment using the payment card of the Client. The Provider of payment services shall not be in any case liable for quality, amount, and price of any service, offered to the Client or purchased by the Client of the Website using the payment card of the Client. Paying for any Services of the Website the Client first of all shall be obliged to fulfil the rules of using the Website. We are asking to consider that only the Client as the owner of the payment card shall be liable for timely payment of any service ordered via the Website and for all additional expenses/fees connected with this payment. The Provider of payment services shall only be the performer of payment in the amount specified by the Website and shall not be in any case liable for any pricing, general prices and/or total sums.
In case of the situation connected with the Client’s dissent with the terms mentioned above and/or any other reasons, we are asking the Client to promptly refuse from making a payment and to directly address the administrator/support of the Website if necessary.
Annex 1 to Terms and Conditions
Processing of Trade Requests and Orders
Processing of Client requests and orders has the following structure:
After any Client makes a request or order, the request is tested for its correctness in the trading platform;
The trading platform sends the request or order to the server;
After the request or order is received by the server it is tested for correctness;
The server, after processing of the order or the request, sends the results to the trading platform;
In case that the connection between the trading platform and the server is correct, the trading platform will receive the results of processing of the Client request or order by the Company.
The time of the process may vary and depends on the quality of the communication between the trading platform and the server of the Company, as well as on the market conditions. In normal market conditions the time of the process usually varies between 0-4 seconds. In market conditions that differ from normal, the time of Client request and order processing can be higher than that.
The server of the Company may refuse to the Client request in the following cases:
If the client sends the request before the first quote in the trading platform on the market opening;
If there is not enough funds on the Client’s account for opening a new position;
If the Client sends the request before the opening of the trading session;
When market conditions differ from normal.
When using the trading platform it is allowed to use only one tab of the browser. In case of using several tabs of the browser the results of trade can be corrected and/or cancelled.
The client acknowledges that the only reliable source of quote flow information is the main server for Customer requests. The quotes on the trading platform cannot serve as a reliable source of information about the real quotes flow, as in the case of unstable connection between the trading platform and the server part of the quotes from the flow may not reach the trading platform.
The graphs displayed on the trading platform are indicative. Thus, the Company does not guarantee that the transaction will be made at the same prices specified on the graph in the trading platform at the time of submission of the other Customer transactions.
The price displayed on the trading platform is formed by the formula (Bid+Ask)/2
Non-market quote – the price in the trading platform which does not correspond to the price on the market at this moment of time (hereinafter referred to as the “Non-market price”).
In case if the Company fulfilled the Client’s request for Non-market quote, the following shall be imposed on the Company’s duty:
In case of position closing – correction of the financial result between incorrect closing of the position and closing according to real market price corresponding to the closing moment of transaction according to Non-market price;
In case of position opening – the Company reserves the right to cancel the financial result regarding such position.
Processing of Client Orders to Open Positions
If the amount of available funds is sufficient to open a position – the position will be opened.
If the size of the available funds is insufficient to open a position – the position will not be opened.
The Client’s order to open a position is proceed, and the position is opened only after the corresponding entry in the server log file. Each new position is assigned with a serial number.
Processing of Client Orders to Close Positions
Closing of trading position occurs at the current price at the trading server at the moment of closing of the trading operation.
OTC Asset or “over the counter” is an asset that traded out of the regular market (hereinafter referred to as the “Asset”).
The Asset’s price is formed from data for trade requests and orders of the Clients, received by the Company.
The Client acknowledges that by making trade requests and orders on such Asset, he/she understands the essence of the work of such an Asset and the pricing algorithm of the Asset.
The Client acknowledges that by making trade requests and orders on such Asset, he/she admits that the only reliable source of quoting information is the main server for the trade orders of the Clients.
In the event that the Company discovers fraud schemes such as:
Fraud associated with credit card transactions and other ways to fill a balance that does not belong to the Client;
Fraud associated with the use of software for false trading results;
Fraud associated with errors and system failures for false trading results;
and in case of reasonable suspicion of the Company regarding the fraud schemes, mentioned above, the Company shall be entitled to block the Client’s account without prior notice and without the possibility of further money withdrawal and/or entitled to unilaterally terminate the Agreement in the extrajudicial procedure
Definition: A cookie is a small amount of data that often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a “device” browser from a website’s computer and is stored on your device’s hard drive for tracking site usage. A website may send its own cookie to your browser if your browser’s preferences allow it, but, to protect your privacy, your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows. A Client may choose to configure their browser to reject cookies by modifying their browser settings or preferences.
Our cookies policy: During the course of any visit to www.swanntech.co.uk website, the pages viewed, along with a cookie are downloaded to the Clients device. Cookies stored may determine the path the Client took on our site and used to anonymously identify repeat users of the website and what pages were most popular for Clients. However, the Company protects the Client’s privacy by not storing the Client’s names, personal details, emails, etc. Using cookies is an industry standard and is currently used by most major Websites. Stored cookies allow I swanntech.co.uk website to be more user-friendly and efficient for Clients by allowing the Company to learn what information is more valued by Clients versus what isn’t.
The Company is financially responsible for the clients account balance in any particular moment.
Company’s financial responsibility starts with the first record about customer’s funds deposit and continues up to the full withdrawal of the funds.
The client has the right to demand from the Company any amount of funds which is available in his account at the time of the enquiry.
The only official methods of deposits/withdrawals are the methods which appear at the company’s official website. The client is taking all the risks related to the usage of the payment methods, this as to the fact that the payment methods are not company’s partners and not in company’s responsibility. The company isn’t responsible for any delay or cancellation of funds transaction which was caused by the payment method. In case that the client has any claims related to any of the payment methods, it’s in his responsibility to contact the support of the particular payment method and to notify the company about those claims.
The Company shall not be responsible for the activities of any third-party service providers, which the costumer may use in order to make any deposit/withdrawal. The Company’s financial responsibility for the Client’s funds starts at the moment the funds arrive to the Company’s bank account or any other account related to the Company and that appears at Payment Methods page of the website. In case any fraud appears during the financial transaction or after it, the Company reserves the right to cancel the transaction and to freeze the Client’s account.
The Company’s responsibility as to the Client’s funds ends at the time the funds leave the Company’s bank account or any other account related to the Company and that appears at Payment Methods page of the website.
7. In case of any technical mistakes which may appear at the time of financial transaction the company saves the right to cancel those transaction and all other clients financial activity at the company’s website.
2. Client’s registration
1. Client’s registration is based on two main steps:
In order to complete the first step the client must:
In order to complete the second step the company must demand and the client must:
The company reserves the right to demand from the client other documents such as payment bills, bank confirmation, bank card scans or any other document that may be necessary during the identification process.
The identification process should be completed in 10 business days since company`s request to identify the client. In some cases the company may increase the identification process up to 30 working days.
3. Depositing Procedure
In order to make a deposit the client has to make an enquiry from his “personal cabinet”. In order to complete the enquiry the client has to choose any of the payment methods from the list, fill all the necessary details and to continue to the payment page.
Processing time of the enquiry depends on the payment method and may vary from one method to another, the company cannot regulate the processing time. In case of using electronic payment methods the transaction time can vary from seconds to days. In case of using direct bank wire the transaction time can be up to 45 business days.
The company is not a tax agent and therefore shall not provide clients’ financial information to any third parties. This information shall not be disclosed unless officially requested by government authorities.
5. One-Click Payments
You agree to pay for all goods and/or services or other additional services you ordered through the Website, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc. You take full responsibility for timely payments for Website. Payment service provider only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying by user of the Website the aforementioned additional funds/expenses. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting these Rules (and/or Terms & Conditions), you, as cardholder, confirm that you are entitled to use Services offered via the Website. In case you use Website’s services, offering such specific services as gaming services, you make legally binding declaration that you have reached or surpassed the legal age, which is considered as such by your jurisdiction in order to use Services provided by the Website. By starting to use the Website’s Services you take legal responsibility for not violating the legislation of any country where this Service is being used, and confirm that the payment service provider is not responsible for any such unlawful or unauthorised violation. By agreeing to use the Website’s Services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment. If you wish to reject to use Services for your next purchases of goods and/or services or other facilities on the Website, you can do that by using your Personal account/profile on the Website. Payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorisation of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms or conditions of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website terms and conditions. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums. In case there is a situation when you do not agree with the aforementioned terms and conditions and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the administrator/ support of the Website.
Withdrawals and Account termination
Anti-Money-Laundering (AML) and Know Your Clientele (KYC) Policy
Code of Conduct
Promotional Activities in Chat Rooms
On our website, it is prohibited to:
Promote any services without prior consent of the Customer Support Team.
Promote and/or advertise any goods and/or services.
Make financial and/or other deals in chat rooms.
In the event where any violations of the above rules are identified by the administrator or moderators, the account of the user who violated the rules will be blocked permanently.
Our platform does not assume any responsibility or liability for any advertising and/or promotional activity that is carried out in violation of the above rules.
Rules of Conduct for Chat Users
In our chat rooms it is strictly prohibited to and any user can be banned for:
Using abusive or vulgar terms, profanity or swearing, mild expletives in any form and context.
Insulting or offending other users in any way.
Making statements that incite ethnic or racial hatred or discrimination, advocate violence in any form, and/or outrage religious feelings of other users.
Posting information and messages that are contrary to any applicable law.
Posting same-type information, sending duplicate messages, posting similar graphic files, holding unnecessary disputes (flooding), making radical statements, getting personal (flaming), posting irrelevant messages (spamming), discussing political news and events.
Using abusive or vulgar terms (both explicitly and implicit) in the user’s nickname.
Distributing malicious links, links to third-party online projects, and/or sponsored links.
Insulting and/or offending administrators, moderators, and/or chat developers.
Discussing the actions taken by moderators. If you believe that you have not been treated fairly, please contact our administrator.
Requiring a moderator status or any other admin status.
Using uppercase excessively.
Posting contact details and links to social media accounts, as well as sharing contact details and such links with other users.
Using other language than the language set for this specific chat.
Encouraging other users to violate the rules of conduct.
Rules for Moderators
As a representative of the administration, the moderator must comply strictly with all the rules of conduct in chat rooms and set the pattern for other users.
Before applying any penalties, the moderator must notify the user that he/she has violated the rules of conduct in chat rooms. The moderator reserves the right not to inform the user of his/her violation if the user explicitly insulted another user (users), posted a link to another site, contributed to flooding or repeatedly violated the rules of conduct in chat rooms.