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TERMS & CONDITIONS

This website is owned and operated by Costa Markets (‘us’, ‘we’ and ‘our’), a company incorporated in the Republic of Mauritius. Your access to and use of this Website is subject to these terms and conditions, the privacy notice (as amended from time to time), and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as ‘Terms and Conditions’). By using this website, you agree to be subject to the Terms and Conditions. Please note that if you are considered a Client pursuant to the Client Agreement, then this Website Terms and Conditions shall form part of the Client Agreement, as amended from time to time. Any capitalized term not defined in this Privacy Notice shall have the meaning ascribed to it in the Client Agreement. In case there is any conflict or inconsistency between the terms of this Website’s Terms and conditions and between the Client Agreement then the Client Agreement shall prevail. We may amend this Website Terms and Conditions from time to time and it shall apply to you once it is published on our Website. Please ensure to check our Website regularly.

Responsibility of visitors

The information on this website is not directed at residents of the United States
or the United Arab Emirates and is not intended for promotion or distribution
to, or use by, any person in any country or the jurisdiction where such
distribution or use would be contrary to local law or regulation. It is the
responsibility of visitors to this website to ascertain the terms of and comply
with any local law or regulation to which they are subject


No investment advice provided to you unless otherwise expressly stated to the contrary, this website is not designed for
the purpose of providing personal financial or investment advice. Information
provided does not take into account your particular investment objectives,
financial situation, or investment needs.

You should assess whether the information on this website is appropriate to your
particular investment objectives, financial situation, and investment needs.
You should do this before making an investment decision on the basis of the
information on this website. You can either make this assessment yourself or
seek the assistance of an independent financial adviser. Unless otherwise
expressly stated to the contrary, the information on this website is not a
recommendation to invest in any financial products or services offered by any
member of the Costa Markets limited group of companies

 Products and services

Not all products and services referred to on this website are necessarily provided
by us. The identification or use of any third-party products, services,
websites, or networks is not an endorsement of such products, services, or
websites or networks. This website may allow you to access websites and networks
provided by persons other than us via a hypertext or other link. we accept no
responsibility or liability of any kind in respect of any materials on any
website or network that is not under our direct control. You acknowledge that
your access to such other websites or networks via such a link may require us
to provide certain information about you to the proprietor of that website or
network.

Third-party offers

This website may contain references to other special offers or promotions by persons
who are not part of the Costa Markets Limited group of companies. Subject to any
applicable law which cannot be excluded, We make no warranties or
representations regarding the quality, accuracy, merchantability, or fitness
for purpose of the goods or services available from these persons. Your
obtaining of goods or services from these persons is at your own risk. You
indemnify each member of the Costa Markets Limited group of companies against all
liability, loss, damage, cost, and expense arising from or relating to your
obtaining goods or services from a third party referred to on this website

Market data

With respect to any market data or other information that we or any third party
service provider display on the website, (a) such data is indicative only and we
and any such provider are not responsible or liable if any such data or
information is inaccurate or incomplete in any respect; (b) we and any such
provider are not responsible or liable for any actions that you take or do not
take based on such data or information; and (c) such data or information is
proprietary to us and/or any such provider and you are not permitted to
retransmit, redistribute, publish, disclose or display in whole or in part such
data or information to third parties except as may be required by any law or
regulation.”

Investment performance

Unless otherwise stated to the contrary, no Costa Markets Limited company guarantees any
particular rate or return the performance of any investment or the repayment of
capital from any investment. Investment is subject to investment and other
risks. Possible risks could include delays in repayment and loss of income or
capital invested.

Disclaimer and limitation of liability

To the maximum extent permitted by law, we will not be liable in any way for any
loss or damage suffered by you through use of or access to this website, or our
failure to provide this website. Our liability for negligence, breach of
contract, or contravention of any law as a result of our failure to provide
this website or any part of it, or for any problems with this website, which
cannot be lawfully excluded, is limited, at our option and to the maximum
extent permitted by law, to resupplying this website or any part of it to you
or to pay for the resupply of this website or any part of it to you.

Governing law

The Terms and Conditions are governed by the law in force in the Republic of
Mauritius (‘applicable law’).

Dispute resolution

Any dispute arising out of or in connection with the Terms and Conditions,
including any question regarding its existence, validity, or termination shall
be handled first as per the Complaint Handling Procedures, as amended from time
to time and is applicable once it is published or updated on our Website. If
the matter is not resolved then the matter shall be finally resolved by
arbitration under the Mauritius International Arbitration Centre rules (as
amended), which are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be three.

The seat, or legal place, of arbitration, shall be Mauritius.

The language of the arbitration shall be English

If you are a Client pursuant to the Client Agreement, you acknowledge that this
Dispute resolution section would not apply to you and you need to strictly
apply the method of handling the dispute as further stipulated in the Agreement
(as defined under the Client Agreement).

Modification


The Terms and Conditions can be modified at
any time by us and you agree to continue to be bound by the Terms and
Conditions as modified. We will give you notice of these changes by posting the
changes on our website – we will not separately notify you of these changes.

Enforceability

If the whole or any part of a provision of the Terms and Conditions are void,
unenforceable, or illegal in a jurisdiction it is severed for that
jurisdiction. The remainder of the Terms and Conditions have full force and effect
and the validity or enforceability of that provision in any other jurisdiction
is not affected. This clause has no effect if the severance alters the basic
nature of the Terms and Conditions or is contrary to public policy.

Intellectual property

All copyright, database rights, trademarks, and other intellectual property rights
in the content of this website belong to us or a third party including our
licensors. This content may include names, terms, and/or data that may or may
not be identified with a symbol identifying it as a name, term, or item in
which copyright is claimed or a registered trademark is held. The lack of any
such symbol should not under any circumstances, be understood as meaning that
the name, term, or data is not the intellectual of either ourselves or a third
party.

Any third party intellectual property used by us in the content of our website
should not be interpreted as meaning that the third party owner sponsors,
endorses, or is in any way affiliated with us or with our business, nor that
they make any representation regarding the advisability of trading in our
products.

 

Except where necessary in order to view the information on this website on your
browser, or as permitted under the applicable law or the Terms and Conditions, no
information or content on this website may be reproduced, adapted, uploaded to
a third party, linked to, framed, performed in public, distributed or
transmitted in any form by any process without our specific written consent.

Termination

We have the right to terminate your use of this website if we determine at our
sole discretion that you have breached the Terms and Conditions.

Disclaimer and limitation of liability

To the maximum extent permitted by law, we will not be liable in any way for any
loss or damage suffered by you through use of or access to this website, or our
failure to provide this website. Our liability for negligence, breach of
contract, or contravention of any law as a result of our failure to provide
this website or any part of it, or for any problems with this website, which
cannot be lawfully excluded, is limited, at our option and to the maximum
extent permitted by law, to resupplying this website or any part of it to you
or to pay for the resupply of this website or any part of it to you.

 

Withdrawal and Refund

This withdrawal and Refund Policy (the “Policy”) sets out the Costa Markets withdrawal
policy for its clients. We have established the policies and procedures below
to help ensure that all client’s requests are processed efficiently.

This withdrawal and Refund Policy form is part of the Client Agreement. Any
capitalized term not defined in this Withdrawal and Refund Policy shall have
the meaning ascribed to it in the Client

 Agreement. The Company may amend this
Withdrawal and Refund Policy and it shall apply to you once it is published on
our Website. Please ensure to check our Website regularly.

Withdrawal Procedure

1.1    All withdrawal requests can be submitted online, through the Client Portal
accessible from the Website (www.costamarkets.com), or through email from the
Client’s email registered and verified by the Company.

1.2    If the Client decides to submit the refund request through email, he shall send
an email to the following Company’s email: [[email protected]].

1.3     The Client must ensure that the following information is captured in the
request in a comprehensive and accurate manner:

(a)               Name of the beneficiary of the account holder. The name of the
beneficiary must match with the Client Account as recognized by the Company.

(b)              Details about the method of withdrawal, including full bank account
details or credit card details. The Company will only execute a refund request
to the same source the Company received the deposits from; and

(c)               Any supporting documents that the Client thinks it is necessary in
order to execute the refund request

1.4      In order to reduce the possibility of a Margin Call, the Client must ensure at
the time the request is made and until the request is executed by the Company:

(a)    that there is a sufficient
margin available in the Client Account; and

(b)   that the withdrawal amount
doesn’t exceed the Client Account’s available equity.

1.5          The Company shall review the Client Account, its history, and all
supporting documents before processing or executing any refund request.

1.6          The Company has the right in its absolute discretion to request for as
much information or documents as it sees fit in order to mitigate any risk
arising from processing or executing the refund request instruction.

1.7          If the Client provides information that is not accurate nor
comprehensive, or if the Client does not provide further information or
documents within a reasonable time as requested by the Company, the Company
shall have the right without prior notification to cancel the refund request or
put it on hold, pending provision by the Client of further information or
documents in order to proceed and execute the refund request.

1.8          In case the Company cancels the request, the
Client can re-submit a new refund request to the Company.

1.9          The Company will process refund requests in line with the Client
Agreement. The Company cannot accept refund requests that are not in line with
the Client Agreement including instances where the beneficiary is a third party
or in instances where the beneficiary account is anonymous.

Processing Timeframe

2.1 Provided that the refund request is accurate, comprehensive, contains all
supportive documents and the Company is satisfied, the Company shall process
the refund request within five (5) Business Days from the date the Company is
satisfied with the refund request.

Initial Deposits Processed by Debit/Credit Card

3.1 If the Client deposited the Client Account using a debit or credit card, the
Company will refund all amounts deposited originally to the same card.

3.2 If the Client made a profit on his investment, the Company may accept
processing such profit through wire transfer.

3.3 In the case of credit cards, if the issuer of the credit card sets time limits
for accepting refunds and the timeframe already expired, the Company may accept
processing the refund through wire transfer, provided all supportive documents
are provided to the Company and are satisfactory to the Company.

Dispute

4.1 Any dispute arising out of or in connection with this Withdrawal and Refund
Policy shall be initiated by the Client and dealt with by the Company