NANTRADE LEGAL AND RISK DISCLAIMER
(“Disclaimer”) V date 6 Jan 2020
This disclaimer (together with
Policy”) and any other documents referred to in those
documents) is given by Nantrade Limited of 1st Floor,First St Vincent Bank Ltd Building James
Street Kingstown, St Vincent and Grenadines, and sets out the risks to the User associated with trading and the
use of the Trading Platform.
Please read the following
carefully to understand these risks. By visiting https://nantrade.io the
User are accepting and consenting to the practices described in this policy.
All defined terms are as
defined in the body of the text or in the Terms.
THE RISKS DESCRIBED BELOW ARE
NOT NOR ARE THEY INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE LIST OF RISK
The trading of goods and products,
real or virtual, as well as crypto-currencies as well as the use of the
Nantrade Platform involves significant risk, and the User specifically agrees
to assume the risks set out in this Disclaimer (“Risks”) as well
as other risks not set out herein which are inherent to online trading and
The Client agrees to assume
the following risks and acknowledges and agrees that Nantrade SHALL NOT be
responsible for or otherwise liable for any direct or indirect loss or damage
of any kind whatsoever arising directly or indirectly from the occurrence in
full or in part of any and all of the following Risk events:
is an inherent risk that losses will occur as a result of buying, selling or
trading anything on a market.
prices can and do fluctuate greatly on any given day and due to such price
fluctuations, the User’s cryptographic assets may be subject to large swings
in value and may even become worthless.
in placing orders:
An Order may be incomplete and incorrect. Any Order, including
Market Orders, Limit Orders and Stop Orders, may not be (and are not
guaranteed) executable at the price or amount specified by the User. Orders
may be cancelled at Nantrade’s discretion or for any other reason.
A Market Order will normally be executed as soon as possible
and the execution price of the Transaction may deviate significantly (for
example, 10%) from the nearest bid/ask price seen by the User, resulting in
significant loss. In addition, an Order may not place completely or at all or
may be placed at the wrong price or may suffer an unexpected delay in
execution because of any of a variety of reasons.
Under certain market conditions, the User may find it
difficult or impossible to liquidate a position. This can occur, for example,
when there is insufficient liquidity in the market. Placing contingent
orders, such as "stop-loss" or "stop-limit" orders, will
not necessarily limit losses or lock profits to the intended amounts, since
market conditions may make it impossible to execute such orders.
The User may inadvertently due to their own error or because
of a system or other human error place an Order for an asset which results in
an unwanted Order.
The User, Nantrade or any third party (including a financial
institution or payment institution or hacker) may send crypto to the wrong
wallet address during the funding or withdrawal of their Account.
The User may be prevented from sending an Order or email may
not be received by Nantrade or the Services, due to hardware, software or
services issues (including, without limitation, Internet and other network
An executed Order, Transaction instruction or email to
Nantrade or the Services may be lost, intercepted or altered during
Unauthorized third parties may access or use their Account and
effect Transactions without their knowledge or authorization.
Exceptional Market Conditions, Force Majeure Events and
similar events can cause the booking of funds to be delayed.
Nantrade may refuse to act upon any instruction from a User or
any person authorized by the User if Nantrade reasonably believes that the
transaction, pursuant to the instruction submitted, will be in violation of
e.g. market rules, usual market practice, and/or applicable law, including,
but not limited to, legislation on money laundering and insider trading.
may be errors or omissions on the reporting module or otherwise delay,
inaccuracy, error, interruption or omissions in providing market quotations
or other information provided on the Site on which the User might rely in
making an Order.
may be third party or other attacks targeting computers/networks, spreading
malware, running botnets, (D)DOS attacks, defacing websites, violations of
network security, etc which can material alter, intercept or otherwise
interfere with the giving or execution of a an Order or the transfer of Funds
to and from the User´s wallet.
may be errors, acts or omissions by the Counterparty Exchange or the
Counterparty Exchange system may suffer a partial or complete failure,
including, without limitation, a cyber attack, such as phishing, pharming,
etc, failure of hardware, software, human error, etc.
A copied trader's account(s), portfolio(s) and/or strategy
position(s) shall be copied in an amount equal to the lower of either the
minimum position amount as shall be set by Nantrade from time to time or the
proportional amounts of the copied trade to the realised equity of the copied
trader as the basis for the proportions of copied trades. Such positions
shall have the same leverage (if any), stop loss and take profit, to the
maximum extent possible. Trades below the minimum trade amount shall not be opened.
All such positions shall be modified and/or closed automatically if and when
modified/closed by the copied trader, for whatsoever reason, without
providing any further notice and without any action on the User’s part. The
User should be able and prepared to bear the loss of the entire investment
the User made in such a copied trader.
If the User places additional trades in the User’s account or
the User modify or cancel an order generated by a Social Trading service the
User may achieve a materially different result than the user that the User
copied. Unopened copied trades in amounts lower than the minimum trade may
also result in different results.
Cash-out and withdrawal by the copied trader may also generate
a materially different result than the User copied as it may affect the copy
or payment institution risk:
acts or omissions of a financial or payment institution, including delays in
sending or receiving funds from an Account to or from a.
the User completes using the Trading Platform may be subject to various
taxes, such as VAT, sales tax or transfer taxes that are imposed and any
profit or loss the User obtain therefrom.
access by third parties of the User’s login credentials to gain access to the
User’s Account, including through carelessness or forgetfulness of the User,
or the third party obtaining control over another device or account used by
the User in connection with any enhanced security measures enabled for their
is no warranty or assurance that the development of the platform software or
hardware will be uninterrupted or error-free, and there is an inherent risk
that the software could contain defects, weaknesses, vulnerabilities, viruses
or bugs causing substantial loss.
Any Token listed, or the underlying project, may be abandoned
by the creators, suffer from lack of success or business failure for a number
of reasons including but not limited to lack of interest from the public,
funding failures, lack of commercial success or prospects (e.g. caused by
competing projects) and the User may incur substantial losses as a result of
investing in any token listed on the Nantrade platform.
The features, functions, characteristics, operation, use and
other properties of any Token (“Token Properties”) and the software,
networks, protocols, systems, and other technology (including, if applicable,
any blockchain) (“Underlying Technology”) used to administer, create, issue,
transfer, cancel, use or transact in any Token may be complex, technical or
difficult to understand or evaluate, and Nantrade agrees no obligation to
provide individual advice or information in respect of any Token, Token Properties
or Underlying Technology.
Any Token and its Underlying Technology may be vulnerable to
attacks on the security, integrity or operation of the Token or its
Underlying Technology (“Attacks”), including Attacks using computing power sufficient
to overwhelm the normal operation of a blockchain or other Underlying
Any Token, Token Properties or Underlying Technology may
change or otherwise cease to operate as expected due to a change made to the
Underlying Technology, a change made using features or functions built into
the Underlying Technology or a change resulting from an Attack. These changes
may include, without limitation, a “fork” or “rollback” of a Token or
Any Token may be cancelled, lost or double spent, or otherwise
lose all or most of their value, due to forks, rollbacks, Attacks, changes to
Token Properties or failure of the Token to operate as intended.
Nantrade may suspend or cease to support the transfer, storage
or trading of any Token at any time at Nantrade’s discretion. Other exchanges
and service providers may do the same.
Nantrade may suspend or reject Orders, suspend or cease
support for Tokens, or suspend or terminate the User’s access to the Services
to comply with applicable laws or regulations or an order from law
enforcement or other governmental authority, for other reasons as specified
in these Terms or otherwise at Nantrade’s discretion.
Token listed by a corporate User may be cancelled or rendered non-operational
at any time without prior notice to the User, intentionally or otherwise (for
example, due to a regulatory intervention, security concern or as a result of
a third party hacking attempt), irrespective of any communications or prior
agreement between the parties, resulting in significant reputational,
financial or other loss to the User, other Users or other Token holders of
the cancelled Token.
Except as expressly provided
to the contrary in writing by us, the Trading Platform is provided on an “as
is” and “as available” basis. Nantrade expressly disclaim, and the User waive,
all warranties of any kind, whether express or implied, including, without
limitation, implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement as to the Trading Platform, including the
information, content and materials contained therein.
Nantrade is not liable for any
breach of an obligation under the Terms where Nantrade is hindered or prevented
from carrying out its obligations by any cause outside of our reasonable
control. In no event shall Nantrade, its directors, shareholders, officers,
members, employees, affiliates or agents be liable to the User for any special,
direct, indirect or consequential damages, or any other damages of any kind,
including but not limited to loss of use, loss of profits or loss of data,
whether in an action in contract, tort including but not limited to negligence
or otherwise, arising out of or in any way connected with the use of or inability
to use the Trading Platform, including without limitation any damages that
result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission or any failure of
performance, whether or not resulting from acts of god, communications failure,
theft, destruction or unauthorized access to the Trading Platform, records,
programs or services.
Nantrade does not assume any
liability for negligent or wilful misconduct of Nantrade’s directors,
shareholders, officers, members, employees, affiliates or agents (or
corresponding hierarchical level) and potential clients should not rely upon
the Trading Platform or information provided by the same in deciding whether or
not to use the Trading Platform. The Purchaser hereby holds harmless and
indemnifies and keeps indemnified the Trading Platform and its officers and
employees from and against all liabilities, costs and damages of any kind
(including, for the avoidance of doubt, all legal expenses incidental thereto)
which may be incurred by any of them and all actions or proceedings which may
be brought by or against them.
Nantrade shall in no event be
liable to the User by way of indemnity or by reason of any breach of the Terms
or in tort or otherwise for loss of use of the Assets or any part thereof or
for loss of opportunity, loss of profit, or for any indirect, special or
consequential loss or damage that may be suffered by the User in connection
with the use of the Trading Platform or the Site or the provision by Nantrade
of the Services in connection with the same.
In no event shall our
aggregate liability, whether in contract, warranty, tort (including negligence,
whether active, passive or imputed), product liability, strict liability or other
theory, arising out of or relating to the use of and/or inability to use the
Trading Platform exceed the amount of 250 USD (two hundred and fifty United
States Dollars) during the 6 months immediately preceding the date of any claim
giving rise to such liability.
This limitation of liability
is subject to the maximum liability cap set out in the Terms.
IF YOU MAKE INVESTMENT
DECISIONS IN RELIANCE ON INFORMATION WHICH IS AVAILABLE ON THE SITE OR AS A
RESULT OF THE USE OF THE SOCIAL TRADING SERVICES, YOU DO SO AT YOUR OWN RISK.
NANTRADE AND ITS AFFILIATES, THEIR EMPLOYEES AND ITS AGENTS WILL NOT BE LIABLE
FOR ANY LOSSES THAT YOU MAY SUSTAIN.
YOU SHOULD NOT MAKE ANY
INVESTMENT DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY
AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR
STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU
BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION.
Any past performance of our
users, risk score, statistics and any other information with respect to users
appearing on our websites and applications are not indicative of future results
and should be considered as hypothetical as more fully described below. It is
important to understand that risk scores, statistical information and
historical performance are not a guarantee of future performance.
NO REPRESENTATION OR GUARANTEE
IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES
SIMILAR TO THOSE SHOWN AND/OR THAT A RISK SCORE OF A COPIED USER SHALL NOT IN
FACT BE HIGHER.
When reviewing the portfolio,
financial performance information, opinions or advice of another registered
user, The User should not assume that the user is unbiased, independent or
qualified to provide financial information or opinions. Nantrade does not
guarantee any order including the placing of stop orders. Accordingly,
regardless of the entry or closing designation, Nantrade does not guarantee
that the trade will be filled at the order price/stop loss percentage and the
User may lose more than the original amount used to copy such trader.
PAST PERFORMANCE AND/OR RISK
SCORES SHOULD BE CONSIDERED AS HYPOTHETICAL PERFORMANCE RESULTS. HYPOTHETICAL
PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION OR
GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS
OR LOSSES SIMILAR TO THE PAST PERFORMANCE OR RISK SCORE SHOWN. THE ACTUAL
PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY
FACTORS, INCLUDING BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND
WITHDRAWALS), MARKET BEHAVIOR, MINIMUM TRADE SIZE, THE INVESTOR'S ACCOUNT
SETTINGS AND THE ACTUAL PERFORMANCE OF THE COPIED USER.
ACCORDINGLY, THERE ARE
FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL/PAST PERFORMANCE RESULTS AND
THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE
OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE
GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL
TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN
COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR
EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING
PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY
AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE
MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM
WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL
PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING
NO ASPECT OF THE INFORMATION
AND/OR SOCIAL TRADING FEATURE PROVIDED AND/OR MADE AVAILABLE ON OUR WEBSITES IS
INTENDED TO PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY INVESTMENT, TAX
OR OTHER FINANCIAL RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY SUCH
CONTENT AND/OR ANY SUCH FEATURE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL
AND/OR INVESTMENT ADVICE. IF YOU CHOOSE TO ENGAGE IN TRANSACTIONS BASED ON
CONTENT ON THE WEBSITE AND/OR ELECT TO COPY SPECIFIC TRADERS AND/OR TRADES,
THEN SUCH DECISIONS AND TRANSACTIONS AND ANY CONSEQUENCES FLOWING THEREFROM ARE
YOUR SOLE RESPONSIBILITY. WHILE INDIVIDUAL PARTICIPANTS MAY OFFER INVESTMENT
ADVICE OR OPINIONS AND/OR EFFECT A TRANSACTION WHICH MAY BE SUBSEQUENTLY COPIED
BY OTHER TRADERS, SUCH ADVICE, OPINIONS OR TRADES AMOUNT TO NOTHING MORE THAN
EXCHANGES BETWEEN PERSONS WHO MAY BE ANONYMOUS OR UNIDENTIFIABLE OR SIMPLY THE
EXECUTION OF A TRADE BY SUCH TRADERS. NANTRADE AND ITS AFFILIATES DO NOT
PROVIDE INVESTMENT ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER
WHATSOEVER BY MAKING SUCH INFORMATION AND/OR FEATURES AVAILABLE TO YOU. ANY
DATA YOU GATHER FROM HERE OR FROM USING THE SOCIAL TRADING FEATURES IS PROVIDED
FOR INFORMATION ONLY.
The User agree to defend,
indemnify, and hold us harmless, and each of our officers, directors,
shareholders, members, employees, agents and affiliates, from any claim,
demand, action, damage, loss, cost, or expense, including without limitation
reasonable professional fees, arising out or relating to (i) the User’s use of,
or conduct in connection with the Trading Platform; (b) the User’s violation of
the Terms; or (c) the User’s violation of any rights of any other person or
entity and we will have the right, in our sole discretion, to control any
action or proceeding and determine whether we wish to settle it, and if so, on
In making a decision to copy a
specific trader, account, portfolio and/or strategy, the User have considered
the User’s entire financial situation including financial commitments and the
User understand that using Social Trading service is highly speculative and
that the User could sustain significant losses exceeding the amount used to
copy a trader or traders;
information in relation to
Social Trading provided by Nantrade is provided solely for informational
purposes. Nantrade and its affiliates and their employees and agents are not
investment or financial advisers.