The following describes the terms and conditions upon which EmpireOption ("EO") offers access to its Website to you the customer ("you") and the use of its services (the "Agreement").
This Agreement describes the terms, conditions and risks applicable to your use of our services available under the domain of www.empireoption.com (the "Site"). If you have any questions regarding this Agreement please contact Customer Support.
You must read, agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become a customer of EmpireOption. By continuing to access or use the Site, you agree to follow the terms and conditions of this Agreement as they may apply to you.
This Agreement is effective upon acceptance in registration for newly registering customers. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
2. Online Services Agreement
This Agreement is made by and between EmpireOption and you.
This Agreement applies to both the Site and trading platform, as well as to the electronic content and or software currently contained on the Site that supplies the customer with real time information about the exchange rate of some currencies, as well as with the program facilities for executing trading transactions in the foreign exchange market via the web, phone or fax, and any other features, content or services that EmpireOption may add in the future (the "Services").
3. Membership Eligibility
The Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our Services are not available to persons under the age of 18 or otherwise under legal age ("Minors"). If you are a Minor, you may not use this service. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR SITE.
For avoidance of doubt, we shall not be responsible for any unauthorized use by Minors of our Services in any way or manner.
Furthermore, our Services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via this Site and have done so without relying on any information contained in this Site. You shall bear sole responsibility for any decision made and/or to be made by you relying on the content of the Site.
Without derogating from the above provision, we shall not be responsible for verifying and/or checking whether you possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you due to and/or related to the Site, transactions carried out by you and/or your use of the Services.
Without limiting the foregoing, our Services are not available where they are illegal to use, and EO reserves the right to refuse and/or cancel Services to anyone at its own discretion.
4. Registration Information and Requirements
When you register for the service, EO will ask you to provide certain personal information.
You are responsible of providing your own, truthful, accurate, current and complete personal details during the registration process, to not supplant any person or entity, to not falsify your connection with another person, entity or association, to not use false identifications and to not hide in any way and for any purpose your identity to EO.
The email you use to create your account will be verified, and the personal documents that you upload to your user profile must be real and must also attest your identity.
If you register as a business entity or in behalf of one, you declare that you have authority to legally bind such entity to the terms and conditions of this agreement.
5. Legal Restrictions
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Site. For avoidance of doubt, the ability to access our Site does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
You hereby declare that the moneys invested in your account with EmpireOption do not originate from drug trafficking, abduction, or any other criminal or illegal activity.
6. Limited License
EmpireOption grants you a non-exclusive, non-transferable and limited personal license to access and use the Site (the "License"). The License is conditioned on your continued compliance with the terms and conditions of this Agreement.
You agree not to resell or permit access of the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose to others without the prior written consent of EmpireOption.
For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the Site, made in breach of this section.
You agree to use the information received from the information systems of EmpireOption for the sole purpose of executing transactions inside and within the Site.
You further agree not to use any electronic communication feature of a Service on the Site for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
The License granted under this Agreement will terminate if EmpireOption believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service or EOP establishes that you have abused in any way (including but not limited to engaging in a transaction out of market rates) the EO trading platform.
Upon such violation, you agree to cease accessing Services. You agree that EmpireOption, at its sole discretion and with or without notice, may terminate your access to any or all Services, close your open transaction and remove and discard any information or content within a Service.
7. Risk Disclosure
You agree to use the Site at your own risk.
Without limiting the foregoing, the Services contained within this Site are suitable only for customers who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in financial markets.
The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with digital options trading, and seek advice from an independent financial advisor if you have any doubts.
8. Financial Information
EO can offer you, via newsletters, seminars, e-books, videos and other types of services, a wide range of financial information that is generated internally or received from external agents, suppliers or partners (from now on, the "external suppliers").
This includes financial market information, rates, market news, analytic opinions, research reports, charts and information, trading signals, among others (from now on, the "Financial Information").
Financial Information provided on this Site is not intended as investment advice. EmpireOption does not endorse or approve the Financial Information, and we make it available to you only as a service for your own convenience. EmpireOption and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or warrant any results from your use or reliance on the Financial Information.
Financial Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither EmpireOption nor the Third Party Providers are obligated to update any information or opinions contained in any Financial Information, and we may discontinue offering Financial Information at any time without notice.
It is your duty to verify the reliability of the information on the Site and its suitability to your needs. We exclude any liability for any claim, loss or damage of any kind allegedly caused by information presented on the Site or referred to by the Site.
In the event that any of the financial asset price providers that work with EO reflects erroneous or contradictory market information, EO reserves the right to cancel the operations opened in the period in which such providers reflected such erroneous information.
The market signals system that EmpireOption offers is provided by Trading Central (www.tradingcentral.com). EO is not responsible for the accuracy of the financial information and the signals that the external provider indicates, as well as for the open trades based on this information by the customer. EO provides this information as a service for its customers benefit. For more information click here (https://tradingcentral.com/start.asp?p=disclaimer&language=es)
The Simulator is an exclusive EmpireOption tool that allows to predict the effects that the most important events in the financial market may have on the price of various assets. EO is not responsible for the results that this tool may show due to changes in the conditions of the different financial markets or economic circumstances.
EmpireOption may provide a link to other sites that are controlled or offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
EmpireOption cautions you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet.
Links to these Websites are provided solely for your convenience, and you agree that under no circumstances will you hold EmpireOption liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
10. Trading Cancellation
EmpireOption reserves the right in its sole discretion to refuse, cancel the Services, and/or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:
- Any instance when EmpireOption has cause to believe that a person's activities on the Site may be illegal;
- Any instance where EmpireOption may suffer any fiscal, regulatory, or pecuniary disadvantage by virtue of anyone's activities;
- Any instance where one or more transactions on the Site are judged by EmpireOption to have been performed in violation of this Agreement.
11. Limited Liability
We undertake to supply steady Services on the Site. However, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on any of the Site or Services.
To the maximum extent permitted by applicable law, under no circumstances shall we be responsible for any loss or damage resulting from use of the Site or Services, from any content posted on or through the Site or Services, or from the conduct of any users of the Site or Services, whether online or offline.
IN NO EVENT SHALL EmpireOption OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EO'S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
11.A. Withdrawal Procedure
The EmpireOption finance department handles all the orders of withdrawals from the registered clients. EmpireOption will ask you to provide identity documents and a valid telephone number in order to make the withdrawal. For withdrawals of over USD 1000 EmpireOption is entitled to make the transaction via bank wire transfer.
In EmpireOption withdrawals are subject to our Account policy:
- Waiting Period: 10 working days
- Cost: 30 USD
- Maximum withdrawal: 500 units
- Minimum Withdrawal: 200 units
- Minimum number of operations: 20
- Waiting Period: 7 working days
- Cost: 25 USD
- Maximum withdrawal: 2000 units
- Minimum Withdrawal: 100 units
- Minimum number of operations: 15
- Waiting Period: 5 working days
- Cost: 20 USD
- Maximum withdrawal: 3500 units
- Minimum Withdrawal: 100 units
- Minimum number of operations: 10
- Waiting Period: 3 working days
- Cost: 10 USD
- Maximum withdrawal: 5000 units
- Minimum Withdrawal: 1 units
- Minimum number of operations: 5
- Waiting Period: immediate withdrawal
- Cost: 0 USD
- Maximum withdrawal: unlimited
- Minimum Withdrawal: 1 units
- Minimum number of operations: 5
For Classic Accounts, Plus Accounts, Preferential and Empire Vip, the first withdrawal each month is free of charge. The following withdrawals will have the mentioned cost above.
For any type of withdrawal in our platform users must perform a minimum of operations (based on the type of account they have). Such operations are open trades, in the traditional binary operations mode with a minimum investment of 25 (dollars/euros) each. This operations cannot be sold or cancelled before their original closure.
The amount of net profit that the investor can withdraw per month will depend on the type of account held:
- Micro Account: 500 USD / EUR per month
- Classical Account: 2,000 USD / EUR per month
- Plus Account: 3.500 USD / EUR per month
- Preferential Account: 5,000 USD / EUR per month
- Empire Vip: Unlimited
11.B. EmpireOption Bonus Policy
EmpireOption offers a number of attractive reward features to its new and regular customers. Bonuses and one time trading credits rewarded to customers are part of EO's promotions program. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change.
Once the client has accepted any given bonus, the total cash amount in his/her account is subject to the terms & conditions of the bonus itself.
In order to withdraw the earnings or any available funds from the account, the client must make operations that represent a volume 30 times the value of the granted bonus.
If the client does not comply with this necessary conditions, he/she will not be able to withdraw any amount from the account, since the funds are subject to the requirements of the granted bonus.
The user can request a bonus within his/her user account. Bonuses are given only under the client's accordance, not being automatic, so the customer is obliged to be informed about this procedure.
For a bonus to be properly credited, the client must upload the required documents (receipt or proof of address, Passport or other identity document) to the profile of your personal user account.
Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity based on the provision of the bonus will nullify the account and any and all profits or losses garnered.
(For further information on bonus' conditions, please address to our "Current Promos" section).
11.C. Wire Transfer deposits
EmpireOption will add founds to your account only after deducting all expenses incidental to the transfer. The remaining balance will be credited to your account.
12. Requirements to withhold Accounts
EmpireOption requests its users to comply with certain requirements to maintain the level of their personal accounts.
For customers who already have accounts in EO, they will automatically have a new account within the current scheme until 31/01/2014. Namely:
- Balances under 300 -> Micro Account
- BRONZE Membership -> Classic Account
- SILVER Membership -> Plus Account Plus
- GOLD Membership -> Preferential Account
All the new users or users who change their account level after making one or more deposits, will have a period of 6 months maintaining the same account to which they have accessed.
To maintain the account level, customers must fullfil the following requirements:
- The accounts will be analyzed monthly (after the first 6 months of its acquisition) and the user must fulfill the following semester averages in their balance and open trades:
- Micro Account: it has no special requirements
- Classical Account: 500 units + 20 open trades.
- Plus Account: 1000 units + 50 open trades.
- Preferencial Account: 5000 + 100 units open trades.
- Empire VIP: 20000 + 200 units open trades.
The failure to comply with any of these conditions will determine the change of the account level at 1 (one) level per month down to Micro Account.
13. AML Procedures
No person shall abuse this site for the purpose of money laundering. EmpireOption employs best-practice anti-money laundering (AML) procedures. EmpireOption reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, customers who do not accept or conform to the following AML requirements and policies:
- Live traders must provide all requested information upon registration.
- Winnings will only be paid to the individual who initially registered to open a live account.
- When a customer maintains an account by means of telegraphic deposits, winnings will only be distributed to the holder of the originating bank account. When making deposits in this manner, it is the responsibility of the live trader to ensure that the trader's account number and registered name of the account owner accompany all transfers to EmpireOption.
- When a customer funds an account by means of credit/debit card deposits, winnings will only be distributed to the individual whose name appears on the card used to make the deposit and only be paid back to the same card.
- Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person.
- EO may, from time to time, at its sole discretion, require a customer to provide additional proof of identity such as notarized copy of passport or other means of identity verification as it deems required under the circumstances and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
14. Intellectual Property
All content, trademarks, services marks, trade names, logos and icons are the property of EO or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights in, or any right or license to use such materials or the Site, other than as set out in this Agreement.
Images displayed on the Site are either the property of EmpireOption or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of EmpireOption.
15. Communication policy
EmpireOption uses a mailing system with the objective of informing its clients about changes, special offers and benefits. In case that the user decides to end with the mailing subscription Empire Option doesn´t take responsibility on the information that the user didn´t receive.
You agree to defend and indemnify EmpireOption and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or Services; (ii) your violation of any of the terms of this Agreement; or (iii) your breach of any applicable laws or regulations.
17. Term and Termination
The term of the Agreement shall be unlimited, however EmpireOption will be allowed to terminate this Agreement at any time by notice to you. As of termination, you shall not be able to carry out new transactions.
18. Outside Execution System
Non authorized Automatic or semi automatic trading mechanism integrated by the client on the browser or client side, that does not involve human execution, will be considered back door API or system abuse that may result to an account suspension and/or position cancellation.
Positions that were taken in this way are resulted in prices that wouldn't have been accepted or filled in the general market therefore will be consider as an off market transactions which will be resulted in cancellation.
This Agreement shall be governed by and interpreted in accordance with the laws of the Uruguayan Republic excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in the Uruguayan Republic, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
EmpireOption will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.
In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
EmpireOption may assign this Agreement or any rights and/or obligations hereunder without your consent.
EmpireOption may amend the terms of this Agreement from time to time by posting the amended terms on the Site. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the Site. If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our Services, and inform us in writing immediately.