Terms & Conditions

Last Revised: January 6, 2021

This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between Kemnal Investments Limited, with company No. 07389744, and registered on: 28 September 2010 with address: 235 Hunts Pond Road, Fareham, PO14 4PJ (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of www.kemnalinvestments.com (hereinafter referred as the “Website”)

The Client confirms that he/she has read, understood and accepted all informations, conditions and terms set out on the Website which are open to be reviewed and can be examined by the public and which include important legal Information.
By accepting this Agreement, the Client agrees and irrevocably accepts the terms and conditions contained in this Agreement, as well as other documentation/information published on this Website, including without limitation to the Privacy Policy. The Client accepts this Agreements by registering an Account on the Website and depositing funds. By accepting the Agreement, and subject to the Company’s final approval, the Client enters into a legal and binding agreement with the Company.
The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of any deposit made by the Client. As soon as the Company receives the Client's initial deposit, every operation made by the Client on this Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
The Client hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on this Platform, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance with the terms and conditions of this Agreement and other documentation/information on the Website.
By accepting this current agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement either via email or through the Website.
A client that is a legal entity can register with the Company not through the Website but by sending an email with its request to support@kemnalinvestments.com. All terms and conditions contained herein, including without limitation to 1 to 5 above, shall at all times be applicable to the Legal Entity and the latter shall conform with such terms and conditions, obligations and rights at all times.

1. Terms

Account – means a unique personified account registered in the name of the Client and which contains all of the Client’s transactions/operations on the Platform (as defined below) of the Company.
Execution - means the execution of Client order(s) by the Company acting as the Client's counterparty as per the terms of the present agreement.
Financial Instruments - means the Financial Instruments as per paragraph 2.4 below that are available on the Company’s Investment Platform.
KYC documents - means the documents to be provided by the Client, including without limitation to a copy of the passport or ID, bank account statement and utility bill of the Client, in case it is a natural person and/or certificates showing the management and ownership going all the way up to the ultimate beneficial owner, in case it is a legal entity, and any other documents the Company may request upon its sole discretion.
Market - means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not.
Operations – means actions performed at the Client’s Account, following an order placed by the Client, connected with but not limited to crediting of funds, return of funds, opening and closing of investment transactions/positions and/or that relate to financial instruments.
Prices - means the prices offered to the Client for each packages which may be changed but with prior notice to the client.
Services – means the services described in section 2 of this Agreement through this website.
Investment Platform - means an electronic system or online services on the internet that that allow you to buy and hold shares, bonds and funds in one place. These services can include calculating all mutual obligations of the Client and the Company, making it easy to invest in stocks and shares, cryptocurrencies, ETFs or mutual funds. ...

2. Subject of the Agreement and Services

The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Investment Platform.
The Company shall carry out all transactions as provided in this Agreement on an execution and managing basis only but not advising the Client on which or best investment package to apply. The Company is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Investment Platform.
The Investment and Ancillary Services which the Company should provide under the terms of the Agreement are stated below, and the Company will provide them in its capacity as a market maker under the terms of this Agreement. In addition, the Company may, at its sole discretion without providing prior notice to the Client, decide to transmit orders and/or be an intermediary for Clients’ transactions. The Services that the Company provides in relation to one or more Financial Instruments are the following (the list below shall not be regarded as exhaustive):

a. Investment services

i. Reception and transmission of orders in relation to one or more Financial Instruments.
ii. Execution of the orders on behalf of the Clients.
iii. Managing of client's funds exclusivesly within the invesyment period.
iv. Dealing on Own Account.

b. Ancillary Services

i. Safekeeping and administration of the Financial Instruments for the Client’s Account, including custodianship and related services such as cash/collateral management.
ii. Granting credits or loans to one or more financial instruments, where the firm granting the credit or loan is involved in the transaction.
iii. Foreign exchange services where these are connected to the provision of the Investment Services. The Company does not provide investment, tax or investment advice unless specified as such between the Client and the Company in a separate agreement. Our services include ‘execution and management only’ meaning that the Company will act on your instructions and will not advise you on any transaction, nor will we monitor your investment decisions to determine if they are appropriate for you or to help you avoid losses. You should obtain your own financial, legal, taxation and other professional advices.

c. Our Financial Instruments (the list below shall not be regarded as exhaustive):

i. Digital Options and/or Binary Options Contracts in stocks, commodities, indices and currency pairs;
ii. Financial Contracts for Difference (CFDs) in stocks, currency pairs (FX), commodities, ETFs, indices and CFDs in cryptocurrencies; trading in CFDs and other derivatives does not give you any right, voting right, title or interest in the underlying instrument of the Transaction. You understand that you are not entitled to take delivery and are not entitled to ownership of any underlying instrument. CFDs and other derivatives are not traded on a regulated exchange and are not cleared on a central clearinghouse. This exchange and clearinghouse rules and protections do not apply. The Company reserves the right to, at its sole discretion and for all CFD products, impose the following expiration times: daily/weekly/monthly and/or no expiration at all.

3. General Provisions

Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:
- i. Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
- ii. Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject to.
- iii. Using our services against the local laws of your country or your country of residence is at your own discretion. Kemnal Investments Limited shall not be held liable for such violations

The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of this Agreement.

The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Investment Platform, Website and/or through his/her Account, that would as a result exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as collateral, either in the form of a lien or otherwise, to the Company by the Client by which the obligation of the Client to pay any money to the Company is secured.

The Company shall facilitate the execution of investment activities/orders and/or transactions of the Client but the Client hereby acknowledges and accepts that the Company shall not at any time provide any trust services and/or investment consultation or advisory services to the Client

The Company shall process all transactions/Operations of the Client in accordance with the terms and conditions of this Agreement and on an execution and management basis only. The Company shall not advise the Client in any way on the right investment package to invest.

The Company shall process the orders/transactions requested by the Client under this Agreement irrespective of whether such orders/transactions may result in not being beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction/order, to make margin calls to the Client, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to process or attempt to process the Client’s order/transaction using quotes more favorable than those offered through the investment Platform.

The Company shall not be financially liable for any operations conducted by the Client through the Account and/or on the investment Platform.

Each Client shall be the only authorized user of the Company’s services and of the corresponding Account. The Client is granted an exclusive and non-assignable right to the use of and to access the Account and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to and/or trade through the Account assigned to her/him.

The Client shall be liable for all orders given through his security information and any orders received in this manner by the Company shall be considered to have been given by the Client. So long as any order is submitted through the Account of a Client, the Company shall reasonably assume that such orders are submitted by Client and the Company shall not be under any obligation to investigate further into the matter. The Company shall not be liable to and/or does not maintain any legal relations with any third party other than the Client.

If the Client acts on behalf of any third party and/or on behalf of any third party’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”). The client agrees and understands that the three seconds cancellation option offered by the Company is applicable and available for the client as long as the price remains unchanged.

It is understood and agreed by the Client that the Company may from time to time, at its sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of receiving payment execution services. These funds will be held in segregated accounts from such third party’s own funds and will not affect the rights of the Client to such funds.

The Company offers internal live chats where clients can share their investment ideas and/or express their general thoughts. The client acknowledges and agrees that the Company’s live chat feature is not and will not constitute a valid and/or accurate information and/or information addressed to the clients/potential clients and/or in any way information that is controlled by the Company and/or investment advice, as it is merely a feature allowing clients to express their thoughts and ideas between themselves.

Provision of investment advice shall only be carried out by the Company subject to a separate written agreement with the Client and after assessing the Client’s personal circumstances. Unless such written agreement has been entered into between the Client and the Company, the provision of reports, news, opinions, price movement alerts as displayed in the Company’s investment platform and any other information by the Company to the Client does not constitute investment advice or investment research.

4. Execution of Orders

The Company shall be obliged to execute the Client's orders sequentially and promptly

The Client acknowledges and accepts a) the risk of mistakes or misinterpretations in the orders sent through the investment Platform due to technical or mechanical failures of such electronic means, b) the risk of any delays or other problems as well as c) the risk that the orders may be placed by persons unauthorised to use and/or access the Account, and the Client agrees to indemnify the Company in full for any loss incurred as a result of acting in accordance with such orders.

The Client accepts that during the reception and transmission of his/her order, the Company shall have no responsibility as to its content and/or to the identity of the person placing the order, except where there is gross negligence, willful default or fraud by the Company.

The Client acknowledges that the Company will not take action based on the orders transmitted to the Company for execution by electronic means other than those orders transmitted using the predetermined electronic means such as the investment Platform, and the Company shall have no liability towards the Client for failing to take action based on such orders.

The client acknowledges and agrees that any products or services that may be offered by the Company may not always be available for purchasing or use for investment purposes, and it is in the Company's absolute discretion whether it will make these products available or not to the clients at any time. The Company shall bear no liability, monetary or otherwise, in relation to this section, including without limitation to not making available any product at any given time.

The client agrees and understands the following in consideration of the below corporate actions:
- a. Where it is publicly available that a specific Company has filled and/or is in the process of filing for Chapter 11 under US bankruptcy law and/or an equivalent to Chapter 11 corporate action related to bankruptcy and/or bankruptcy law under any national legislation/regulations, the Company reserves the right to close any and all relevant positions in regard to the asset(s) of such Company and suspend the related asset(s); the client’s position(s) held in the referred asset(s) will be closed by the Company with the last available price on the platform and the client will receive a prior notice on this matter. It should be noted that the Company will not be held liable for any losses incurred to the client in relation to the aforesaid closure of the position(s) and/or the suspension of the asset(s).
- b. In circumstances where the underlying asset offered by the Company might be subject to split and/or reverse split, the Company may decide to close the client’s position(s) held in the referred asset with the last available price on the platform prior to the occurence of the split and/or reverse split event and the client will receive a notification in this regard.
The Client acknowledges that the Company will have the right, at any time and for any reason and without justification, at its sole discretion, to refuse to execute orders, including, without limitation, in the following circumstances:
- a. If the execution of the order aims or may aim to manipulate the market price of the financial instruments (market manipulation);
- b. If the execution of the order constitutes or may constitute abusive exploitation of confidential information;
- c. If the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities (money laundering);
- d. If the Client has insufficient funds to cover the purchase of financial instruments or if there is insufficient number of financial instruments to cover their sale;
- e. If the Client fails to fulfill any of his/her obligations towards the Company under this Agreement;
- f. The Company’s own exposure levels as set out in the Company’s internal policies have been reached in respect of the Financial Instrument or the underlying asset of the Financial Instrument the Client wishes to buy/sell;
- g. In addition to the above, the Company maintains the right, but not the obligation, to charge each Client a maintenance/custodial fee for any open position (without leverage) maintained with the Company (“Open Positions”). Such right arises and may be exercised by the Company if such Open Positions remain open for more than three (3) months(Quaterly) from the date of their opening (“Minimum Period”).

Provided that the Minimum Period has been completed and the Company decides upon its sole discretion to exercise the right provided hereunder, the following steps will be undertaken:

the Company shall proceed with the application of maintenance/custodial fees against the Open Position in accordance with the table included below;

should the Client wish to avoid the application of any maintenance/custodial fees, then he/she should proceed with the immediate close down of his/her position before reaching the period stated in the below table;

the % maintenance fee as indicated in the table below, shall be calculated against the value of the Open Position upon the end of each month within the periods set out below;

the payment of the calculated maintenance fee shall be made on the date upon which the Open Position has reached the Minimum Period and thereafter upon completion of each consecutive period, as stated in the table below. The payment to the Company shall be facilitated by automatically deducting the relevant amount from the Client’s Open Position balance; and

Upon the end of each period (as indicated in the table below), the maintenance/custodial fee % shall be automatically increased as set out in the below table without any further notice to the Client.

Period from Position Opening Maintenance/Custodial Fees

Duration	Percentage
3 months	0.50%
6 months	0.75%
9 months	1.00%
12 months	1.25%
13 months	1.50%
14 months	1.75%
15 months	2.00%
16 months	2.25%
17 months	2.50%
18 months	3.00%

5. Indemnity and Liability

The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.

The Company shall not be liable for any direct and/or indirect loss, expense, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 6.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.

The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.

The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment or any act done or which the Company has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.

In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledge that:
- i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s investment account balance. The Company undertakes to provide adequate notification to the Client in such a case.
Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.

6. Risk Statement

Dealing with cryptocurrencies carries certain risks. Please read the following carefully to ensure that you understand and accept these risks, which include: The price and value of cryptocurrency is subject to high volatility that may result in substantial loss of the value of your holdings.

Cryptocurrency is not subject to electronic money regulations in the UK and the cryptocurrency interests you hold will not be subject to safeguarding protections under the UK Electronic Money Regulations 2011. The UK Financial Conduct Authority (FCA) does not oversee the cryptocurrency service.

Cryptocurrency exchanges are vulnerable to cyber attacks which may result in a loss of cryptocurrency held at that exchange.

The Client hereby confirms to have read, understood and hereby accepts the risk statement relating to the use of Services on the Website, as the same is available electronically via the Website.

By accepting this Agreement the Client accepts that the Client has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Financial Instruments and/or Service(s) which can be found in our Risk Disclosure.

7. Assignment

The Agreement shall be personal to the Client and the Client shall not be entitled to assign or transfer any of his/her rights or obligations under this Agreement.
The Company may at any time assign or transfer any of its rights or obligations under this Agreement to a third party. The Company shall notify the Client of any such assignment.

8. Limitation of Liability

The Company does not guarantee uninterrupted service, safe and errors-free, and immunity from unauthorized access to the investment sites' servers nor disruptions caused from damages, malfunctions or failures in hardware, software, communications and systems in the Client's computers and in the Company's suppliers.

Supplying services by the Company depends, inter alia, on third parties and the Company bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to the Client and/or third party as a result of and/or in relation to any aforesaid action or omission.

The Company will bear no responsibility for any damage of any kind allegedly caused to the Client, which involves force majeure or any such event that the Company has no control of and which has influenced the accessibility of its investment site.

Under no circumstances will the Company or its Agent(s) hold responsibility for direct or indirect damages of any kind, even if the Company or its Agent(s) had been notified of the possibility of aforesaid damages.

In case a Client registers an Account through an Introducing Broker, referring agents, or other third parties, it is hereby agreed as follows:
- i. The Company shall not be responsible or liable for any agreement or arrangement that may exist between the Client and these persons or for any additional costs that may arise as a result of such agreement;
- ii. The Introducing Broker and/or referring agents are not representatives or agents of the Company and they do not act on behalf of the Company. In this respect, they are not authorized to provide any guarantees or any promises regarding the Company or its services nor provide advice or personal recommendations to the Client regarding the Client’s Account and/or transactions and the Company shall accept no responsibility whatsoever for any such advice or recommendations.

9. Governing Law

The terms and conditions of this Agreement as well as any matters pertaining to this agreement, including without limitation to matters of interpretation and/or disputes, shall be governed by the laws of government of United Kingdom and Wales.

The Company and the Clients irrevocably submit to the jurisdiction of the courts of United Kingdom and Wales.

The Company shall be entitled to use the interpreter's services during the court trial in case of dealing with a disputable situation according to the legislation of the United Kingdom and Wales.

Good afternoon