Online Trading Agreement

Please carefully review the following agreement and affix your signature at the end of each page as well as complete any required fields.

This Agreement delineates the terms and conditions under which Horuz Markets (hereinafter referred to as "Horuz") grants you access to one or more terminals, including terminal access through your internet browser, for the purpose of electronically transmitting orders and/or transactions for your accounts with Horuz. Additionally, this Agreement establishes the terms and conditions governing your ability to electronically monitor the activity, orders, and/or transactions within your account (collectively referred to as the "Online Service"). For the purpose of this Agreement, the term "Online Service" encompasses all software and communication links. In consideration of these provisions, you hereby consent to the following:


By entering into this Agreement, wherein Horuz provides you with software for utilization in conjunction with the Online Service, you are hereby granted the right to employ said software exclusively for your internal business operations. It is expressly prohibited to employ the software or the Online Service for the purpose of delivering training to third parties or acting as a service bureau for any external entities. You agree to employ the Online Service and software strictly in accordance with the terms and conditions set forth in Horuz's Customer Account Agreement, subject to periodic amendments. Furthermore, you undertake to abide by any regulations, procedures, and conditions established by Horuz relating to the utilization of the Online Service provided by Horuz.


The Online Service is designed to facilitate the transmission, receipt, and confirmation of orders, subject to prevailing market conditions and pertinent rules and regulations. Horuz extends access and usage privileges for the Online Service, conditional upon your implementation of comprehensive measures to prevent unauthorized access and usage. In any case, you accept full financial liability for trades executed through the Online Service. You hereby acknowledge, represent, and warrant the following:

  1. You have received a unique Password or an equivalent access sequence enabling utilization of the Online Service.
  2. The Password is the sole and exclusive property of yours.
  3. You exclusively possess any identification number or Login number associated with the Online Service.
  4. You assume full responsibility for the use and safeguarding of the Password and Login, as well as for any transactions occurring within an account accessed through the Login and/or Password. You are also responsible for actively monitoring your account(s). Prompt written notification must be provided to Horuz in the event of:
    1. Loss, theft, or unauthorized usage of your Password(s), Login, and/or account number(s).
    2. Failure to receive a message indicating the receipt and/or execution of an order.
    3. Failure to receive an accurate confirmation of execution.
    4. Receipt of a confirmation of an order and/or execution that you did not initiate.e) Detection of any inaccurate information in your account balances, positions, or transaction history.


Access to the Online Service, or any of its components, may be limited or unavailable during periods of high demand, extreme market volatility, system upgrades, or other factors. Horuz Markets makes no explicit or implied representations or warranties regarding the usability, condition, or operation of the Online Service. We do not guarantee uninterrupted or error-free access to or use of the Online Service, nor do we assure that it will meet specific performance or quality criteria. Under no circumstances, including negligence, shall Horuz Markets or any other party involved in creating, delivering, or managing the Online Service be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Online Service, or any breach of warranty, including, but not limited to, business interruption or loss of profits. By using the Online Service, you expressly acknowledge that you assume sole responsibility and risk, and you accept the possibility of loss resulting from its use or the materials obtained through it. Neither Horuz Markets nor any of its directors, officers, employees, agents, contractors, affiliates, third-party vendors, facilities, information providers, licensors, exchanges, clearing organizations, or other data, information, or service suppliers guarantee the uninterrupted or error-free operation of the Online Service. Furthermore, Horuz Markets makes no warranty regarding the timeliness, sequence, accuracy, completeness, reliability, or content of any information, service, or transaction provided through the Online Service. In the event that your access to the Online Service or any part thereof is restricted or unavailable, you agree to utilize alternative means to place orders or access information, such as contacting an Horuz Markets representative. By placing an order through the Online Service, you acknowledge that your order may not be reviewed by a registered representative before execution, and you agree that Horuz Markets shall not be held liable for any losses, missed opportunities, or increased commissions resulting from your inability to utilize the Online Service for order placement or information access.


Neither Horuz Markets nor any provider shall be held liable in any way to you or any other party for:

  1. any inaccuracies, errors, delays, or omissions in data, information, or messages, or the transmission or delivery thereof; or
  2. any loss or damage arising from or caused by such inaccuracies, errors, delays, omissions, non-performance, interruptions in data, information, or messages, whether due to negligence, force majeure, or any other cause, regardless of Horuz Markets' or the provider's control. Horuz Markets shall not be considered to have received any electronically transmitted order or communication from you until we have actual knowledge of such order or communication.


You acknowledge that on certain occasions, and for various reasons, the Online Service may experience periods of inoperability or unavailability due to maintenance, hardware malfunctions, software defects, service interruptions, or other causes. In such cases, you agree to hold Horuz Markets and any providers harmless from any liability arising from the unavailability of the Online Service. Additionally, you recognize the need for alternative arrangements to ensure the transmission and execution of your orders in the event that circumstances prevent their completion through the Online Service, and you agree to maintain such arrangements. You represent and warrant that you have full authority to enter into this Agreement and that you are not under any legal disability that would hinder your trading activities. Furthermore, you commit to remaining in compliance with all applicable laws, rules, and regulations related to your business. You agree to familiarize yourself with and abide by any rules or procedures established by Horuz Markets and its providers regarding the use of the Online Service, and you have ensured that necessary training has been provided to understand its utilization. You shall not, and shall not permit any third party, to copy, use, analyze, modify, decompile, disassemble, reverse engineer, translate, or convert any software provided in connection with the Online Service. Moreover, you shall not distribute the software or the Online Service to any other third party.


Subject to any legal restrictions and rights, Horuz Markets reserves the right to terminate or restrict your access to the Online Service and may terminate this Agreement at its sole discretion, without prior notice. Upon termination, any software license granted to you under this Agreement shall automatically terminate.


You agree to indemnify and hold harmless Horuz Markets, its providers, and their respective principals, affiliates, and agents from any and all claims, demands, proceedings, suits, actions, losses (whether direct, indirect, or otherwise), liabilities, costs, and expenses (including attorney fees and disbursements) incurred or suffered by Horuz Markets and/or its providers, as well as their respective principals, affiliates, and agents, arising from or related to your use of the Online Service or the transactions contemplated under this Agreement. This indemnity provision shall survive the termination of this Agreement.


You are not authorized to amend the terms of this Agreement. However, Horuz Markets may amend the terms of this Agreement by providing notice to you, including through electronic delivery. By continuing to access and use the Online Service, you agree to be bound by any such amendments. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein, and all previous negotiations and understandings, whether written or oral, are hereby incorporated into this Agreement, except with respect to the Customer Account Agreement. Nothing in this Agreement shall supersede or modify any rights and obligations under the Customer Account Agreement. This Agreement shall be governed by the laws of Mauritius, without reference to its conflict of laws principles, and any dispute or difference arising between the parties shall be exclusively submitted to the courts in the city of Port Louis.


By accepting the terms and conditions set forth in this Online Access Agreement, the Client acknowledges and agrees to be bound by its provisions.

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